Utah DUI Attorney
in Salt Lake - Sentencing
Utah Code 41-6a-505 - Mandatory Sentencing Requirements
Utah law imposes strict mandatory sentencing requirements for
DUI
convictions. With any DUI conviction, the court has discretion to
impose the
maximum potential sentence.
But if probation is granted, the court must impose conditions that can
include jail time, substantial fines, and more. If you are facing DUI
prosecution in Utah, assistance from an experienced
criminal
defense attorney is important.
Contact us now to arrange
for a confidential consultation.
Following are some of the key mandatory sentencing provisions for a DUI
conviction in Utah. The full sentencing provisions (current as of
February 2019) of Utah Code
41-6a-505
are provided below.
Third Degree Felony DUI Mandatory Sentencing
A person convicted of a
felony
DUI faces a maximum penalty of up to five years in prison and a fine
(including 90% surcharge) of up to $9,500. If the sentencing court
chooses to suspend the prison term and grant the opportunity of
probation, Utah DUI law still requires certain minimum mandatory
sentencing provisions.
A sentencing judge in a felony DUI
where probation is granted must still impose a minimum of 1,500 hours
(62.5 days) of jail time (or electronically monitored home
confinement). The court must also impose a fine of not less than $1,500
(plus surcharge). Probation in a felony DUI case must also be
supervised. As a condition of probation, the probationer also must
obtain a substance screening and assessment through a program providing
intensive outpatient treatment or inpatient treatment, with
"follow-through after treatment" (aftercare) of not less than 240 hours.
Second Misdemeanor DUI in 10 Years
A second
misdemeanor
DUI conviction within a 10-year period requires certain minimum
sentencing conditions under Utah law. A sentencing court must impose a
minimum of 240 hours, to be served either as jail time, community
service, or electronically-monitored home confinement. The court must
impose a fine of at least $800 (plus surcharge). A person placed on
probation for a misdemeanor DUI charge must participate in substance
abuse treatment or an educational series.
First Misdemeanor DUI Conviction in 10 Years
A
first-time misdemeanor DUI conviction in Utah requires a sentencing
judge to impose a minimum sentence of 48 hours, to be served as jail
time, community service, or home confinement. The court must also order
a fine of at least $700 (plus surcharge). If the court allows
probation, the defendant must participate in a substance abuse
screening and assessment as needed, and comply with recommended
treatment or an educational series.
BAC .16 or More
In
all Utah DUI cases where a person is convicted, and there is admissible
evidence that the person had a blood alcohol level of 0.16 or higher,
probation (if granted by the court) must be supervised probation. The
court must also order (or explain on the record why such an order would
not be appropriate) the following: treatment (as opposed to an
educational series); and either an ignition interlock device,
transdermal alcohol monitoring, or home confinement with electronic
monitoring.
(NOTE - As of January 1, 2019, the legal limit in Utah was reduced from
a BAC of 0.08 to 0.05. Although the 0.16 level for enhanced penalties
was previously twice the legal limit, that 0.16 threshold was not
affected by the 2019 change in the legal limit.)
Finding a Utah DUI Attorney in Salt Lake City

The
consequences of a DUI conviction can be serious. Having an experienced
criminal lawyer
on your side can be critical.
Contact
us today to
arrange for a confidential consultation.
First-Time
DUI Sentencing
When sentencing a person who has been convicted for a first DUI
offense, the court is required to make the following orders as part of
the judgment:
- (A) impose a jail sentence of not less
than 48 consecutive hours; or (B) require the individual to work in a
compensatory-service work program for not less than 48 hours;
- order the individual to participate
in a screening;
- order the individual to participate
in an assessment, if it is found appropriate by a screening;
- order the individual to participate
in an educational series if the court does not order substance abuse
treatment;
- impose a fine of not less than $700;
- order probation for the individual
in accordance with Section 41-6a-507, if there is admissible evidence
that the individual had a blood alcohol level of .16 or higher;
- (A) order the individual to pay the
administrative impound fee described in Section 41-6a-1406; or(B) if
the administrative impound fee was
paid by a party described in Subsection 41-6a-1406(5)(a), other than
the individual sentenced, order the individual sentenced to reimburse
the party; or
- (A) order the individual to pay the
towing and storage fees described in Section 72-9-603; or (B) if the
towing and storage fees were
paid by a party described in Subsection 41-6a-1406(5)(a), other than
the individual sentenced, order the individual sentenced to reimburse
the party.
The court may also:
- order the individual to obtain
substance abuse treatment if the substance abuse treatment program
determines that substance abuse treatment is appropriate;
- order probation for the individual
in accordance with Section 41-6a-507;
- order the individual to participate
in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the
individual is 21 years of age or older; or
- order a combination of the above options.
Second DUI in 10 Years
For a defendant facing sentencing on a second DUI conviction within the
statutory 10-year period, the following mandatory sentencing provisions
apply:
- (A) impose a jail sentence of not less
than 240 hours; or(B) impose a jail sentence of not less
than 120 hours in addition to home confinement of not fewer than 720
consecutive hours through the use of electronic monitoring that
includes a substance abuse testing instrument in accordance with
Section 41-6a-506;
- order the individual to participate
in a screening;
- order the individual to participate
in an assessment, if it is found appropriate by a screening;
- order the individual to participate
in an educational series if the court does not order substance abuse
treatment;
- impose a fine of not less than $800;
- order probation for the individual
in accordance with Section 41-6a-507;
- (A) order the individual to pay the
administrative impound fee described in Section 41-6a-1406; or (B) if
the administrative impound fee was
paid by a party described in Subsection 41-6a-1406(5)(a), other than
the individual sentenced, order the individual sentenced to reimburse
the party; or
- (A) order the individual to pay the
towing and storage fees described in Section 72-9-603; or (B) if the
towing and storage fees were
paid by a party described in Subsection 41-6a-1406(5)(a), other than
the individual sentenced, order the individual sentenced to reimburse
the party.
The court also has discretion to impose the following as part of its
sentencing order.
- order the individual to obtain
substance abuse treatment if the substance abuse treatment program
determines that substance abuse treatment is appropriate;
- order the individual to participate
in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the
individual is 21 years of age or older; or
- order a combination of the above options.
Felony DUI Conviction
A person convicted of a felony DUI may be sentenced to an indeterminate
prison term. If the court chooses to suspend the prison term, the
following mandatory sentencing requirements apply:
- a fine of not less than $1,500;
- a jail sentence of not less than 1,500 hours (62.5 days);
- supervised probation; and
- an order requiring the individual to obtain a screening and
assessment for alcohol and substance abuse, and treatment as
appropriate.
The court may also impose an order requiring the individual to
participate in a 24-7 sobriety program as defined in Section
41-6a-515.5 if the individual is 21 years of age or older.
BAC of 0.16 or Greater
If a person is convicted of DUI and there is "admissible evidence" that
the person had a BAC of 0.16 or greater, the court is required to
impose conditions including treatment and one or more of the
following conditions or state on the record why such conditions are not
appropriate:
- installation of an ignition interlock system as a condition
of probation for the individual in accordance with Section 41-6a-518;
- imposition of an ankle attached continuous transdermal
alcohol monitoring device as a condition of probation for the
individual; or
- imposition of home confinement through the use of
electronic monitoring in accordance with Section 41-6a-506.