A first DUI in Utah: what it can result in

Utah has the lowest driving limit in the country at .05, and its ordinary first offence is a class B misdemeanor. The sentencing section gives the court a straight choice on custody: a jail sentence of not less than two days, or compensatory-service work of not less than forty-eight hours. Everything else is mandatory — a fine of not less than $700, a screening, an assessment if the screening indicates one, an educational series unless the court orders substance abuse treatment instead, and reimbursement of the administrative impound fee and the towing and storage charges. Probation, treatment and a 24-7 sobriety programme are options the court may add, and while the person is in a 24-7 programme the court may suspend the jail term entirely — reimposing it if the programme is not completed. An extreme DUI, which Utah defines as .16 or higher, .05 with any measurable controlled substance, or two or more controlled substances, is sentenced separately: five days, or two days plus thirty consecutive days of home confinement with electronic monitoring, plus an interlock unless the court states on the record that one is unnecessary.

Start from what the statute forces and what it leaves to the judge. The floor here is not less than 2 days — or 48 hours of compensatory-service work, and it moves on the facts: a passenger under 16, or a driver aged 21 or older with a passenger under 18 means class a misdemeanor instead of class b. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Class B misdemeanor: not less than 2 days — or 48 hours of compensatory-service work, and a fine of not less than $700. The range is set by Utah Code § 41-6a-505(1)–(4); § 41-6a-502(1), (2)(a); § 41-6a-501(1)(f), and the figures on this page come from the statute rather than from a summary of it.

A passenger under 16, or a driver aged 21 or older with a passenger under 18 — class a misdemeanor instead of class b. Driving the wrong way at the time of the offence — class a misdemeanor instead of class b.

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).