If a motorist is found to have been operating a motor vehicle under the influence of alcohol or drugs, they will be arrested and charged with DUI (driving under the influence). A DUI is a serious crime, punishable by multiple penalties, which include jail time, community service and the suspension of the motorist’s driver’s license.
There are a few ways in which a motorist may be charged with DUI. The first is by having a blood alcohol content level (BAC) of .08 percent or higher if the motorist is over the age of 21. For commercial vehicle drivers, the minimum BAC level needed for arrest is .04 and for minors (persons under 21 years of age), the state of Utah imposes a ZERO TOLERANCE policy, meaning any viable amount of alcohol or drug consumption is enough to merit a DUI charge.
A motorist may also incur a DUI charge in Utah if they are physically showing signs of impairment, are driving recklessly due to alcohol or drug consumption, if they refuse to take a chemical test to determine intoxication, if the motorist is driving with a metabolite of a drug within their system, if they caused bodily harm or death to another under the influence of alcohol or drugs, or if they were driving with a minor in the vehicle while under the influence. If there was in fact a minor in the vehicle at the time of the DUI arrest, even if the motorist is committing their first DUI offense, they will be charged with a Class “A” misdemeanor instead of a Class “B” misdemeanor, which will lead to stricter penalties.
Once a motorist is arrested for DUI in Utah, they will be subject to two separate hearings: one in criminal court and the other with the Driver License Division (DLD). The criminal case determines penalties such as jail time, fines and other fees while the DLD hearing determines the fate of the DUI offender’s driver’s license, which can be suspended for several years.
