How Much Trouble Could You Face for a Third Utah DUI?

 Posted on May 23, 2025 in DUI

A Sandy, Utah woman with seven prior DUI arrests was recently arrested for the eighth time. Two of her prior DUI arrests were felony DUIs. During the stop, the woman’s BAC was .265, more than five times the legal limit in Utah. Open containers of alcohol, along with numerous pill bottles containing "impairing" medications, were also found. The woman was arrested and remains in jail without bail.

Obviously, DUI convictions – both a first offense and subsequent offenses – are extremely serious in Utah. If you are facing DUI charges, it is important that you speak to a Salt Lake City, UT DUI lawyer who can prepare a comprehensive defense based on the facts and circumstances surrounding your arrest.

What Are the Penalties for DUI in Utah?

Utah DUI offenses are detailed in Utah Code Title 41-6a-4, Driving Under the Influence and Reckless Driving. In 2017, the state lowered the DUI limit from 0.08 percent to 0.05 percent. An individual can be charged with DUI even when pulled over to sleep off too much to drink.

As long as the person is sitting in the front seat and can reasonably reach the keys to place them in the ignition and drive, a DUI can be charged even when the car is not in motion. The penalties for a first-time DUI in Utah include:

• The potential of up to 180 days in jail
• A mandatory two-day jail term or 48 hours of community service
• Fines of up to $1,310
• A driver’s license suspension for up to four months
• Mandatory installation of an Ignition Interlock Device (IID) for a year for those whose BAC is 0.16 percent or more.

A second-offense DUI in Utah has the following penalties:

• A license revocation for up to two years
• A maximum of six months in prison, along with a mandatory 10-day jail sentence or 30 hours of electronic monitoring and a five-day jail sentence
• If the prior DUI conviction occurred within the past ten years, then two years of a mandatory ignition interlock device will be required. The defendant must pay to have the IID installed, plus a monthly fee that can be more than $100.
• Fines and fees totaling at least $1,500

A third DUI offense within ten years is elevated from a misdemeanor offense to a felony offense and can have major repercussions, including:

• Fines and fees of at least $2,500
• A revocation of the defendant’s driver’s license for five years
• Up to five years in prison
• A mandatory 62-day prison term
• Two years of a mandatory ignition interlock device

Fourth and subsequent DUI charges are also third-degree felony offenses. The collateral consequences can be equally difficult. It can be difficult, if not impossible, to obtain auto insurance with three or more DUI convictions on a person’s record. Without a driver’s license and with three or more DUI offenses on the record, it can be difficult to obtain employment or even rent a home.

Are There Defenses to Third or Fourth DUI Charges?

If this is a third or subsequent DUI, it is incredibly important to prevent a felony conviction. An attorney can argue that the police had no reasonable suspicion to pull the driver over or that the field sobriety tests are inaccurate due to the driver’s medical condition, age, or prescribed drugs.

The officer may not have performed the breathalyzer test correctly by conducting a 15-minute observation or may not have been properly trained in the administration of the test. The breathalyzer machine may not have been properly calibrated or maintained.

Numerous issues, including diabetes, the Keto diet, or even the driver’s profession, can be defenses to a high BAC reading. Finally, the officer may not have followed proper procedure during the arrest.

Contact a Davis County, UT DUI Lawyer

If you are facing DUI charges, do not wait, hoping they will somehow go away. They will not, and the sooner you have an experienced Salt Lake City, UT DUI attorney from Collins Rupp, P.C. as your advocate, the better the outcome will likely be. Our firm is ready to help you through this difficult time in the best way possible. Call 385-777-2753 to schedule your free consultation.