Utah Implied consent – administrative / civil penalty for refusal
- Refusal (age 21 or older) — driver’s license revoked for 18 months.
- Refusal (under age 21) — driver’s license revoked for two years or until age 21, whichever is longer. Refusal with prior conviction within 10 years (age 21 or older) — driver’s license revoked for 36 months.
- Refusal with prior conviction within 10 years (under age 21) — driver’s license revoked for 36 months or until age 21, whichever is longer. U.C.A. § 41-6a-521(1)(d).
Utah Implied consent – criminal penalty for refusal
Utah DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First violation (driver age 21 or older) — driver’s license suspended for 120 days.
- First violation (driver age 19-20) — driver’s license suspended for one year or until age 21, whichever is longer.
- First violation (driver under 19) — driver’s license suspended until age 21.
- Second violation within 10 years (driver age 21 or older) — driver’s license revoked for two years.
- Second violation within 10 years (driver age 19-20) — driver’s license revoked for two years or until age 21, whichever is longer.
- Second violation within 10 years (driver under 19) — driver’s license revoked until age 21. U.C.A. § 41-6a-509.
- Court may require that any person who is convicted of violating § 41-6a-502 and granted probation operate a vehicle with an IID. U.C.A. § 41-6a-518.
Utah DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction (DUI) — Class B misdemeanor; jail sentence of 48 hours to six months; fine of $700-$1,000.
- Second conviction within 10 years (DUI) — Class B misdemeanor; jail sentence of 10 days to six months; fine of $800-$1,000.
- Third conviction within past 10 years (DUI) — third-degree felony; jail sentence up to five years; fine up to $5,000.
- Violation of “per se” statute — Class B misdemeanor; jail sentence up to six months and a fine up to $1,000. U.C.A. § 41-6a-503; U.C.A. § 76-3-301; U.C.A. § 41-6a-505.
- Violation is a third-degree felony if an offender also causes serious bodily injury to another. U.C.A. § 41-6a-503(2).
Child endangerment
- Criminal charge is Class A misdemeanor if either: (1) a driver of any age commits a violation with passenger under age 16 in the vehicle; or (2) a driver age 21 or older commits a violation with a passenger under age 18 in the vehicle. U.C.A. § 41-6a-503(1).
