The state of Utah considers itself a leader when it comes to eradicating drunk driving. Utah was the first state to adopt 0.08 percent breath or blood alcohol concentration (BAC) limits. In 2017, Utah became the first state to pass a .05 percent driving under the influence (DUI) law that takes effect on December 1, 2018. Although the new law helped the Beehive State earn an international road safety award, studies show it is unlikely to actually improve roadway safety.
National hospitality and alcohol trade groups, including the American Beverage Institute, are against lowering the DUI threshold because it unfairly targets moderate social drinkers. The change in Utah's DUI laws has also drawn criticism from local hospitality representatives and many leaders of Utah's ski resorts that expect tourism to be negatively impacted.
Attorneys for the .05 BAC DUI in Salt Lake City, Utah
If you were arrested for driving under the influence of alcohol with a BAC of .05 or more after December 1, 2018, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP. Our DUI defense attorneys in Salt Lake City, Utah, fight breath test and blood test cases throughout the State of Utah, including in and around Salt Lake City, Utah.
Although Utah's current DUI blood alcohol level is .08, on December 1, 2018, it will change to .05 after a controversial bill was signed into law.
Contact us to find out how the new "per se" BAC threshold for a DUI might impact your case.
When DUI's new law takes effect, the DUI statute will criminalize driving under three conditions, only one of which mentions “render[ing] the person incapable of safely operating a vehicle.” See Utah Code § 41-6a-502(1)(b).
When the new law takes effect, the other conditions for a DUI in Utah include:
sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test; and
a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.
Additional Resources
Utah .05 BAC Effective Date - Utah House Bill 155 lowers the breath or blood alcohol concentration (BAC) threshold level in Utah for DUI cases to .05. The new law becomes effective on December 1, 2018. In addition to reducing the blood / breath alcohol content limit for driving under the influence cases, the new legislation also makes technical changes and modifies the definition of "alcohol restricted driver" to include the newly defined "novice learner driver" and "novice licensed driver."
Because alcohol absorption depends heavily on biological sex, body weight, and metabolic rates, many individuals can reach a 0.05% BAC after just two standard drinks. For an average individual weighing 150–180 lbs, two drinks consumed within a single hour can frequently push blood alcohol levels past the legal limit.
Because the threshold is low, "sleeping it off" for a few hours is no guarantee of safety. If your liver has not completely finished processing the alcohol, you can still be legally arrested for a DUI the next morning.
Yes. Under Utah Code § 41-6a-502, law enforcement can arrest you at any measurable level of alcohol if you are under the influence to a degree that renders the actor incapable of safely operating a vehicle.
Additionally, Utah enforces a strict Metabolite Law under Utah Code § 41-6a-517. This statute makes it illegal to operate a motor vehicle with any measurable amount of an unprescribed controlled substance or its metabolite in your body — except for inactive THC — even if the intoxicating effects wore off days prior and you feel completely sober.
4What is an "Extreme DUI" and the Interdicted Person status?
Under Utah Code § 41-6a-501(1)(f), an Extreme DUI is triggered if a driver tests at a BAC of 0.16% or higher; tests at or above 0.05% while simultaneously having any measurable controlled substance in their system; or has a combination of two or more controlled substances in their body that were not lawfully recommended or prescribed. An Extreme DUI conviction carries the following mandatory penalties:
Interdicted Person status: The court designates the offender as an Interdicted Person, prohibiting them from purchasing, possessing, or consuming alcohol anywhere in the state.
Marked ID: The offender must surrender their physical driver's license. The Utah Driver License Division then issues a specialized card with a prominent red banner stating "NO ALCOHOL SALE" above the photo.
5Does every person buying alcohol in Utah have to show an ID?
It depends on the type of business. To enforce restrictions on individuals carrying marked "NO ALCOHOL SALE" credentials, Utah implements ID validation rules overseen by the Utah Department of Alcoholic Beverage Services:
Bars, taverns, and off-premise retailers (grocery and convenience stores): Every patron attempting to purchase an alcoholic beverage must present a valid photo ID, regardless of how obviously of-age they appear.
Restaurants (full-service, limited-service, and beer-only): Universal ID checks do not apply across the board. Restaurant staff are required to check credentials for patrons who appear to be 35 years old or younger.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
