Every year the Utah Legislature fiddles with DUI laws, often making them more strict with more jail time.
On a first offense DUI, here are the newest mandatory 2022 minimums.
In order to determine what first time DUI sanctions apply to you, you first must figure what type of first time DUI you were charged with.
The Classic. Section 41-6a-502 DUI. Driving Under the Influence. You cannot be in actual physical control of a motor vehicle while under the influence of alcohol or drugs. Being under the influence means either you are per se .05 Blood Alcohol Level (“BAC”) or greater, or have a BAC less than .05, but not being able to drive safely.
Being under the influence also means being under the influence of drugs, whether lawfully prescribed prescription medication or illegal drugs. 41-6a-502 DUI statue covers all these scenarios. It is written broadly on purpose.
The Little Cousin DUI. Utah Code 41-6a-502.5. Impaired Driving. The little cousin of the standard Section 502 DUI is Impaired Driving. Basically you get to keep your driver’s license and you don’t go to jail.
You can’t get an Impaired Driving plea bargain if:
(1). You have a prior DUI like conviction. Metabolite, prior Impaired Driving, prior Section 502, etc.
(2). You have a commercial driver’s license (“CDL”) or you were driving a commercial vehicle.
(3). You had a Blood Alcohol (“BAC”) of .16 or above.
(4). You had a BAC of .05 or greater and had any other drug in your system, whether prescribed or not.
(5). You had two or more drugs in your system that were not prescribed by a doctor.
Drugged Driving. Metabolite. Utah Code 41-6a-517 is Utah’s pure drugged driving DUI. Although an Impaired Driving or a Section 502 DUI also encompass drugged driving, Metabolite DUI convictions don’t carry the mandatory jail frameworks that Section 502 convictions carry.
Wet Reckless Driving. There is no statute labelled “Wet Reckless Driving.” But it implies that you were charged with a DUI, but pled down to a Reckless Driving under 41-6a-528. Normally a pretty good plea deal and only usually offered when the Section 502 DUI has serious evidentiary defects, like actual physical control or a low, low BAC.
Reckless Driving Suspensions. New as of 05/2022, two charges of reckless driving, impaired driving, or any combination of reckless driving and impaired driving committed within a period of 12 months will suspend your driver’s license. But if upon a first conviction of reckless driving or impaired driving the judge or justice recommends suspension of the convicted person’s license, the division may after a hearing suspend the license for a period of three months;
Not labeled the super DUI or an extreme DUI, but in reality the Utah Legislature wanted to punish more severely people who drove under the influence with a combination of drugs and alcohol, or just really high BACs of .16 or more. The legal BAC limit in Utah is .05.
Extreme First DUI Penalties.
Jail: (1). Impose a jail sentence of not less than five days; or (2). impose a jail sentence of not less than two days in addition to ankle monitoring with substance abuse monitoring.
If your DUI is a basic alcohol only first time DUI where the BAC is not over .16 making it an extreme DUI, the following jail times apply:
Jail: (1). Impose a jail sentence of not less than two days; or (2). Require the individual to work in a compensatory-service work program for not less than 48 hours.
2ND OFFENSE DUIS, FELONY DUIs. For another blog post, but 2nd offense DUIs and Felony DUIs follow the same pattern as first regular DUI or extreme DUIs, they just add more mandatory jail time and the other standards, such as interlock, not-a-drop and probation terms.
24/7 SOBRIETY COURT as of 08/2022.
The Utah Legislature in 2021 rolled out the 24/7 Sobriety Program in Utah Code 41-6a-515.5 (2021). Only Davis County has an active DUI sobriety program in northern Utah. Supposedly Utah County is going online next. This information was gathered from the Utah Highway Patrol Sergeant speaking at the yearly DUI seminar in 05/2022.
The basics of the 24/7 sobriety program are daily check-ins at the respective county jail to be drug and alcohol tested. Or you can wear a dermatological patch that detects alcohol and drug usage. If you successfully complete the 24/7 sobriety program you don’t go to jail and you keep your license. Huge benefits for people and their substance abuse problems.
Upon conviction of a section 502 DUI you will be required to install and use an interlock on any vehicle you own or operate. If your DUI conviction didn’t involve alcohol, you can get a court order exempting your from installing an interlock. You are an interlock restricted driver for 18 months.
See Utah Code 41-6a-529/530. The “Alcohol Restricted Driver” Law or “Not-a-Drop” driver (UCA 41-6a-529) affects you when you have been convicted of the following first time offenses. You are an ARD driver for 2 years from your first conviction of the following:
Driving under the influence (DUI) – (UCA 41-6a-502)
Per Se Arrest – (UCA 53-3-223)
Refusal to submit to a chemical test resulting in an Administrative revocation – (UCA 41-6a-520)
Alcohol-related reckless driving – (UCA 41-6a-528)
Automobile homicide – (UCA 76-5-207)
Alcohol restricted driver violation – (UCA 41-6a-530)
Ignition interlock violation – (UCA 41-6a-518.2)
A conviction for a refusal to submit a chemical test (UCA 41-6a-521.1)
41-6a-502.5(5)(a) mandates that the courts will notify the Division of Professional Licensing (“DOPL”) of each DUI conviction. DOPL is one of seven agencies within the Utah Department of Commerce. DOPL is legislatively charged to administer and enforce specific laws related to the licensing and regulation of certain occupations and professions. The majority of these statutes are located in Utah Code Title 58.
Currently, DOPL issues licenses in approximately 60 categories of licensure. DOPL’s efforts are organized into two primary functions: licensing and investigations. All DUI convictions are reported to DOPL where licensing sanction may occur under your professions administrative rules or Title 58 of the Utah Code. See DOPL expungements here.
DUI law is touch and carries a lot of mandatory minimums that are hard to get around. Further, certain reduced plea offers to Impaired Driving are not available anymore in many circumstances. The Utah Legislature has severely restricted judge’s independent sentencing ability with the mandatory minimums.
