Utah Code DUI Sentencing

Legal disclaimer (read first): This article provides general legal information about Utah Code DUI sentencing—not legal advice. Laws and outcomes can change based on facts, priors, and the county/court.

Quick Answer: Utah Code DUI Sentencing generally depends on (1) the DUI level (standard vs. “extreme”), (2) whether it’s a first, second, or later offense, and (3) aggravating factors (minors in the car, wrong-way driving, injury, or prior convictions). Utah defines DUI in part by a 0.05 BAC threshold and/or impairment. Justia Law

Table of Contents

• What Utah considers “DUI” under the code
  
  

• DUI levels and how “extreme DUI” changes sentencing
  
  

• Utah Code sentencing requirements (first, second, and more)
  
  

• License suspension/revocation and interlock options
  
  

• What to do next after a Utah DUI arrest/charge
  
  

• How DUI cases are proven (and challenged)
  
  

• Typical timeline and common prosecutor/DMV tactics
  
  

• Hiring checklist + red flags
  
  

• FAQ (Utah Code DUI sentencing)
  
  

What Utah considers “DUI” (and why 0.05 matters)

Under Utah’s DUI statute, a person commits DUI if they operate or are in actual physical control of a vehicle in Utah with a BAC of 0.05 or greater (by certain testing rules) and/or are under the influence to a degree that makes them incapable of safely operating a vehicle. Justia Law

Why that matters for sentencing: the charge level, enhancements, and whether the court treats the case as standard DUI vs. more serious categories can drive what the judge must order at sentencing.

[Internal link: "What counts as DUI evidence in Utah" -> /utah-dui-evidence-guide/]

DUI levels: standard vs. “extreme DUI”

Utah uses the term “extreme DUI” in its sentencing statute, and it triggers tougher mandatory minimums than a basic first-offense DUI. Utah Code sets specific sentencing requirements for extreme DUI (including minimum jail or a jail + home confinement option, fines, screening/assessment/education, probation, and typically ignition interlock). Justia Law+1

Key takeaway: Utah Code DUI Sentencing is not one-size-fits-all—your “category” matters.

[Internal link: "Extreme DUI vs. DUI in Utah" -> /utah-extreme-dui-vs-dui/]

Utah Code DUI sentencing requirements (what courts must order)

1) First conviction (standard DUI — not extreme)

For a first conviction of Utah’s DUI statute (that is not treated as extreme DUI), Utah’s sentencing requirements include:

• Jail: not less than 2 days, or 48 hours of compensatory service (community service/work program) Utah Legislature+1
  
  

• Screening + possible assessment: the court orders screening and may require an assessment depending on screening results Utah Legislature+1
  
  

• Education/treatment pathway: an educational series if treatment is not ordered Utah Legislature+1
  
  

• Fine: not less than $700 (plus other potential fees like impound/tow/storage in applicable cases) Utah Legislature+1
  
  

• Probation: ordered in accordance with the related probation statute Utah Legislature+1
  
  

2) First conviction (extreme DUI)

For a first conviction of extreme DUI, Utah Code requires at least:

• Jail: not less than 5 days, or 2 days jail + 30 days home confinement with electronic monitoring (and testing tool requirements) Justia Law
  
  

• Fine: not less than $700 Justia Law
  
  

• Screening/assessment/education and probation Justia Law
  
  

• Ignition interlock: typically ordered unless the court makes specific findings on the record Justia Law
  
  

3) Second offense (and higher)

Utah Code sets higher minimums when there’s a prior DUI conviction within the lookback window, and it can require:

• Jail measured in days (often 10+ or 20+ minimums depending on the category and enhancements)
  
  

• Higher minimum fines (often $800+)
  
  

• Probation + screening/assessment/education/treatment framework
  The statute includes detailed minimums and options (including jail + home confinement alternatives in some scenarios). Utah Legislature+2Utah Legislature+2
  
  

Important: The “what applies to me?” analysis depends heavily on priors and whether the current case is categorized as extreme or has other enhancements.

[Internal link: "Utah DUI penalties by offense number" -> /utah-dui-penalties-by-offense/]

License suspension/revocation and interlock (what happens to driving privileges)

Separate from jail/fines, Utah law also addresses driver license consequences. For drivers 21+, the Driver License Division generally must:

• Suspend 120 days for a first-time conviction Utah Legislature
  
  

• Revoke 2 years for a qualifying repeat conviction within the relevant timeframe Utah Legislature
  
  

The statute also describes how certain interlock-restricted driver elections can interact with whether a suspension is imposed (and what happens if someone fails to complete the interlock restriction period). Utah Legislature

[Internal link: "Utah DUI license suspension and reinstatement" -> /utah-dui-license-suspension/]

What to do next (step-by-step) after a Utah DUI arrest/charge

If you’re trying to understand Utah Code DUI Sentencing because you (or someone close to you) is facing a DUI case, here’s a practical next-step plan:

1. Write down the timeline (stop, tests, statements, witnesses) while it’s fresh.
   
   

2. Preserve evidence: receipts, ride-share logs, medical conditions/medications, body-cam requests, witness names.
   
   

3. Track deadlines (court dates + any license/DMV timelines).
   
   

4. Don’t “fix” the story on social media or in texts.
   
   

5. Consult a Utah DUI defense attorney quickly—sentencing exposure can shift dramatically with priors/enhancements.
   
   

[Internal link: "What to do after a DUI arrest in Utah" -> /utah-dui-next-steps/]

How DUI cases are proven (and how defenses are built)

Most DUI prosecutions rely on some combination of:

• Chemical tests (breath/blood) and timing issues
  
  

• Driving pattern + officer observations
  
  

• Field sobriety tests (conditions, instructions, video)
  
  

• Actual physical control arguments (if not actively driving) Justia Law
  
  

A defense strategy often focuses on: test validity, medical explanations, video contradictions, improper stops, improper procedures, and whether the state can prove impairment (or threshold) beyond a reasonable doubt.

Common tactics you’ll see (and how attorneys counter them)

• “The number speaks for itself”: attorneys scrutinize calibration, chain of custody, timing, and alternative explanations.
  
  

• Stacking aggravators: attorneys challenge whether enhancements legally apply and whether evidence supports them.
  
  

• Pressure to plead early: counsel evaluates discovery, suppression issues, and sentencing consequences before advising.
  
  

Hiring checklist (questions to ask)

When you’re comparing attorneys, ask:

• Have you handled Utah DUI cases in this county/court?
  
  

• What’s your approach to test challenges (breath/blood) and video review?
  
  

• How do you evaluate whether the case is standard vs. extreme exposure under Utah sentencing rules?
  
  

• Who will appear with me in court—you or an associate?
  
  

• What are the fee options (flat fee vs. phases), and what’s included?
  
  

Red flags

• Guarantees of dismissal or “no jail” promises
  
  

• No discussion of sentencing ranges, enhancements, or license impacts
  
  

• Vague contracts and unclear scope of representation
  
  

[Internal link: "How to choose a DUI lawyer in Utah" -> /choose-utah-dui-lawyer/]

FAQ: Utah Code DUI Sentencing

1) Is Utah really 0.05 BAC?
Utah’s DUI statute includes 0.05 as a threshold in the code language. Justia Law

2) What’s the minimum for a first DUI?
For many first convictions (non-extreme), the statute includes 2 days jail or 48 hours compensatory service, plus screening/education/fines. Justia Law+1

3) What changes with “extreme DUI”?
Extreme DUI includes higher mandatory minimum jail (e.g., 5 days or 2 days + 30 days home confinement) and typically interlock requirements. Justia Law

4) Are fines mandatory?
Utah’s sentencing statute includes minimum fines (commonly $700+, and higher in some repeat scenarios). Justia Law+1

5) Will I lose my license after a conviction?
For many first convictions (21+), Utah law requires a 120-day suspension, with different rules for repeats and for interlock-restricted elections. Utah Legislature

6) Can probation be part of DUI sentencing?
Yes—Utah’s sentencing statute includes probation requirements for certain DUI sentences. Justia Law+1

7) Does the court require screening or treatment?
The code requires screening and may require assessment/treatment depending on screening results, plus education if treatment isn’t ordered. Justia Law+1

8) What makes DUI a felony in Utah?
Utah’s DUI statute includes a felony classification in certain repeat/serious-history scenarios. Justia Law

9) How long does a Utah DUI case take?
Many cases take weeks to months depending on discovery, motions, and court calendars; sentencing timing depends on plea/trial posture.

10) Should I plead quickly to “get it over with”?
Not automatically—sentencing exposure, license consequences, and defenses can change after discovery review.

Legal disclaimer (again): This content is general information about Utah Code DUI sentencing and is not legal advice. For guidance on your specific situation, consult a qualified Utah attorney.

CTA: If you’re facing a Utah DUI charge, schedule a consultation with a Utah DUI defense attorney and ask for a clear, written breakdown of your likely sentencing exposure and license consequences.