Is a DUI a felony in Utah?
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On a third inside ten years, or after any felony DUI ever. Two prior convictions each within ten years of the current conviction, or of the offence it is based on, make the third a third degree felony. So does any conviction that comes after a felony conviction — with no window at all on that route, and it still counts where the earlier judgment was reduced under Section 76-3-402. Below the felony line Utah grades driving under the influence as a class B misdemeanor and raises it to a class A for a passenger under 16, for a driver aged 21 or older carrying a passenger under 18, for a wrong-way violation of Sections 41-6a-712, 41-6a-714 or 41-6a-709, or for one prior conviction inside ten years. The grading lives in Section 41-6a-502 — the old Section 41-6a-503 that most guides still cite has been repealed.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in UT — and the paperwork will use none of them. Utah charges it under a section number, and that is what decides the range below.
Grade. Third degree felony
Confinement. Set by the felony range
Fine. Set by the felony range
Utah Code § 41-6a-502 · Utah Code § 41-6a-502(2)(b), (2)(c); § 41-6a-501(2) · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| Two prior convictions, each within ten years | Third degree felony | Each prior must fall within ten years of the current conviction or of the offence it is based on. Utah counts more than convictions toward that: a plea in abeyance entered before 1 July 2008, and a juvenile admission, count as convictions for enhancement. Utah Code § 41-6a-502 · Utah Code § 41-6a-502(2)(c)(i); § 41-6a-501(2)(b), (2)(c) · checked 2026-09-06 |
| Any conviction after an earlier felony conviction | Third degree felony, with no time limit | The second route needs no count and no window. A conviction at any time after a felony conviction is itself a third degree felony, and it still counts where the earlier judgment was reduced under Section 76-3-402. Utah Code § 41-6a-502 · Utah Code § 41-6a-502(2)(c)(ii) · checked 2026-09-06 |
The device is a separate track
Utah restricts the driver, not the car: once you are an interlock restricted driver, you may not drive anything without a device — motorcycles included. The restriction is added to your license record and you are notified by post; police can see it, and driving a vehicle without a device gets you cited on the spot.
In Utah the interlock term runs 18 months and is administered by Utah Driver License Division (Department of Public Safety) — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Utah Driver License Division (Department of Public Safety)
Utah DUI questions
Is a DUI a felony in Utah?
On a third inside ten years, or after any felony DUI ever. Two prior convictions each within ten years of the current conviction, or of the offence it is based on, make the third a third degree felony. So does any conviction that comes after a felony conviction — with no window at all on that route, and it still counts where the earlier judgment was reduced under Section 76-3-402. Below the felony line Utah grades driving under the influence as a class B misdemeanor and raises it to a class A for a passenger under 16, for a driver aged 21 or older carrying a passenger under 18, for a wrong-way violation of Sections 41-6a-712, 41-6a-714 or 41-6a-709, or for one prior conviction inside ten years. The grading lives in Section 41-6a-502 — the old Section 41-6a-503 that most guides still cite has been repealed. Two prior convictions, each within ten years: third degree felony. Any conviction after an earlier felony conviction: third degree felony, with no time limit.
What does a 3rd DUI in Utah carry?
Third degree felony: set by the felony range, and a fine of set by the felony range. The range is set by Utah Code § 41-6a-502(2)(b), (2)(c); § 41-6a-501(2), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Utah?
Two prior convictions, each within ten years — third degree felony. Any conviction after an earlier felony conviction — third degree felony, with no time limit.
Does an interlock come with it in Utah?
Utah restricts the driver, not the car: once you are an interlock restricted driver, you may not drive anything without a device — motorcycles included. The restriction is added to your license record and you are notified by post; police can see it, and driving a vehicle without a device gets you cited on the spot. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Utah Driver License Division (Department of Public Safety).
Other steps in Utah: first offense penalties and second offense penalties.
All Utah DUI rules →Penalties across the states →Utah DUI lawyers →Getting the license back →
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