Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Utah, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities.

REGULATIONS FOR DUI/DWI IN UTAH

In Utah, the Blood Alcohol Content (BAC) limit is set at 0.08% for all drivers regardless of age. Moreover, if you are found to have a BAC of 0.04% or over, you will be required to take an impairment test such as demonstrating you can walk in a straight line.

Having a Utah license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for a 90 days.

Your license will be suspended for 90 days if you are convicted of DUI/DWI. Any subsequent DUI/DWI offense will result in one year's suspension.

ACTIONS AGAINST DUI/DWI FOR DRIVERS

If you are caught with BAC higher than the set limit of 0.08%, you will be subjected to criminal actions in addition to administrative actions. It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense may result in imprisonment for up to 6 months and/or up to a $1000 fine. Additionally, you will possibly face the following restrictions and punishments:
2. 48 hours community service.
3. An additional surcharge with the fine.
4. A suspended license for 90 days.
5. Mandatory drug/alcohol educational program.
6. Probation.
7. An ignition interlock on your vehicle.
8. The second offense or two offenses in ten years ("prior offender") is treated as a Class A Misdemeanor and may result in imprisonment for up to 6 months and/or up to a $1000 fine. Additionally, you will possibly face the following restrictions and punishments:
9. Home arrest or 240 hours of community service.
10. A suspended license for one year.
11. An alcohol or drug screening program.
12. Mandatory drug/alcohol educational program.
13. Probation.
14. An ignition interlock on your vehicle for 3 years.
15. The third offense and any subsequent offense in ten years may result in imprisonment for up to five years and/or up to a $5000 fine. Additionally, you will possibly face the following restrictions and punishments:
16. A suspended license for one year.
17. An alcohol or drug screening program.
18. Intensive substance abuse education and treatment for a minimum duration of 240 hours.
19. Probation of up to 5 years.
20. Ignition interlock for 3 years.
21. Extension of license suspension for up to 2 years.
22. Seizure of vehicle.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license, in addition to the above penalties, you will face:

1. Disqualification for one year for the first offense.
2. Disqualification for 3 years if hauling hazardous material.
3. Lifetime disqualification for any further offenses.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license once the period of suspension is over.

1. To complete the reinstatement requirements, you must pay the reinstatement fee of $50.
2. Clear all the required tests.
3. You will be required to pay an additional administration fee of $150.
4. You can submit the reinstatement application and fees (Monday-Friday from 7:30 am to 5:30 pm, except for state holidays) in person at any DMV office.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter, thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.