Utah's New .05 DUI BAC Standard

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 alchol 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. Call (801) 532-5297 today.


Utah's DUI for Three Types of Conditions

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."


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