Alcohol Laws in Utah
Utah is known for some of the most unique alcohol laws in the U.S. It was the first state to reduce the minimum blood alcohol concentration(BAC) for a driving under the influence (DUI) charge. In most states, it’s 0.08, but in Utah, it’s 0.05.
Furthermore, if you’re caught driving with an especially high BAC in Utah, you may face consequences that go beyond time behind bars.
Here’s a breakdown of everything you need to know about BAC laws in Utah, including the criminal penalties you may face and how an experienced attorney can help you.
BAC is the percentage of alcohol that you have in your blood at a given time. So if you have the minimum amount for a DUI in Utah, your blood is made up of 0.05% alcohol.
This might sound like a low number, but your blood contains a lot of different things, such as red blood cells, white blood cells, plasma, nutrients, oxygen, and more. So even though BAC is dealing in low percentages, it can indicate a lot of alcohol in your blood.
There are three different ways that law enforcement can test your BAC:
You can refuse a breathalyzer test because it is not likely to be used in court. However, you cannot refuse a blood test.
This might sound like a violation of your consent, but it under a Utah law known as implied consent, it isn’t. The idea behind it is that when you agreed to obtain a driver’s license from the state, you had given your consent that if an officer asked to test your BAC, you would subject yourself to those tests.
If you are placed under arrest, and you refuse a blood test, your driving privileges may be revoked, and you may face other criminal penalties.
If an officer arrests you after you were driving your car, and your BAC comes out as anything more than 0.05, you can be charged with a DUI. For a first-time offender, this is a class B misdemeanor. This means you can face up to six months in jail with fines up to $1,000.
However, this can be a class A misdemeanor for your first offense if a minor under 18 is in the car with you. If you’re under 21, this only applies if the minor is under 16 years old. A class A misdemeanor means you can face up to 364 days in jail and up to $2,500 in fines.
It’s also a class A misdemeanor for a second DUI offense within 10 years. For a third offense and beyond, it’s a third-degree felony, which means up to five years in prison and $5,000 in fines.
It’s important to note that the maximum penalties for misdemeanors and felonies are generally reserved for a worst-case scenario. If you have a competent lawyer by your side, they can either get the case thrown out, convince a jury to acquit you, or negotiate with prosecutors to get you as little time behind bars as possible.
For a basic DUI charge, there is a required minimum sentence. You can either spend two days in jail or 48 hours working for a compensatory service program. You’ll also have to pay $700 fine.
In a majority of DUI cases, you’ll likely have to be on probation as well. This means you don’t have to spend time behind bars, but you’ll have to live with certain conditions for a specified period of time. This isn’t every case. Some people spend more time in jail, and some people can get away without probation. It depends on your situation.
If your BAC is at 0.16 or higher, that is considered an extreme DUI under Utah law. This can also be if your BAC is 0.05, but there are also controlled substances in your system. It also can mean you didn’t drink any alcohol, but you had two or more controlled substances in your system.
An extreme DUI has a required minimum sentence of either five days in jail or two days in jail plus home confinement of 30 days. You’re also required to serve probation.
In addition, you’ll also be required to have an ignition interlock system installed in your car, unless the court deems it unnecessary. This is a device that you have to blow into in order to start your vehicle. If it detects alcohol, your engine doesn’t start.
A new DUI law went into effect in January 2026, which makes it so anyone convicted of an extreme DUI is considered interdicted. This means you’ll have to obtain a unique ID. If you buy alcohol, the person selling it has to look at your ID and verify that you are not interdicted. If you are, they cannot sell it to you.
The time you have to spend unable to purchase alcohol generally lasts through the time of your probation. However, the court can adjust the time to longer or shorter if it sees fit.
The law also gives courts the option to consider you interdicted for a standard DUI. However, it is not required.
The answer to this is yes. Utah law specifically says that if you’re under the influence of alcohol, any drug, or a combination of the two, and it renders you incapable of safely operating a vehicle, you can get a DUI charge.
For example, let’s say you had two shots of whiskey, and then you decided to drive because you didn’t think you had too much. On the road, you swerve between lanes. A police officer sees this, pulls you over, and arrests you.
When the results of your blood test comes back, it shows a 0.04 BAC. You can still be charged with a DUI because the officer had witnessed you driving erratically, and he was able to prove that you had any alcohol in your system.
So if you decide to go out for drinks, it’s a good idea to either bring a designated driver or call a rideshare to take you home. Not only do these options make you physically safer, they can keep you out of legal trouble.
If you’re arrested for a DUI, it’s important that you get a lawyer involved as soon as possible. Even if you were caught red-handed, and you don’t believe you have a case, a lawyer is still essential. They can ensure that if you do face any penalties, you aren’t punished any more than what you deserve.
A good attorney is also a much better judge than you on whether or not the state has a good case against you. Lawyers are highly knowledgable about the legal process, and if they see that an officer or prosecutor has done anything wrong, they may be able to get the case thrown out.
The best attorneys are ones who have a lot of experience with the type of crime that you are accused of. This means they’ve already learned everything they need to know, and your situation is similar to that of other people, who the lawyer has successfully defended.
At Brown, Bradshaw & Moffat, the best defense attorneys for DUI cases are Kristin Wilson, Michael Meszaros, and James Bradshaw. All of them have spent years helping people just like you.
To get started, tell us about your case, and a member of our team will reach out to you.
