NOTES:

1 - Minimum Sentencing - A person convicted of DUI will be subject to additional criminal law penalties not shown in the chart -- including restitution, fines and community service. These criminal penalties are more discretionary than those identified in the chart, and as such more difficult to predict. Generally, first-time DUI offenders can expect to incur a fine and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will likely be sentenced to a number of days in jail. In fact, third-time DUI offenders are required by Utah law to spend at least 62.5 days in jail. Penalties will be most harsh if the DUI offender was involved in an accident in which someone else was injured or killed.

2 - Administrative License Suspension/Revocation - The administrative license suspension/revocation penalties shown in the chart refer to minimum mandatory penalties imposed on drivers whose Blood Alcohol Concentration ("BAC") is at or above the Utah limit for intoxication of .08, or on drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is handled by Utah's Driver License Division ("DLD"), and is imposed separately from any criminal court penalties. Utah imposes harsher penalties for second or third DUI offenses, defined as those that occur within ten years of the prior DUI offense(s). The penalties shown in the chart above do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws. Utah, like most states, does recognize different sanctions for these types of DUI offenses. Note: Utah law allows the court to impose, in its discretion, an additional suspension period of 90 days, 180 days, 1 year, or 2 years beyond the period imposed by the Utah DLD.

3 - Mandatory Substance Abuse Education and Assessment-Treatment - Substance abuse (drugs or alcohol) education and assessment-treatment penalties for Utah's DUI offenders can include an assessment of potential alcohol/drug dependency problems, and mandatory attendance at DUI prevention programs. Such programs are often made "conditions" of a suspended jail sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes the court ordered DUI prevention program(s). The type and duration of the required treatment programs may vary depending on the offender's number of DUI's and other charges associated with the current DUI charge.

4 - Jail Time - Jail time may be imposed for any DUI related offense. For a first or second DUI offense within 10 years, the court must impose a minimum number of jail time hours under Utah law. However, Utah law allows the court to substitute either electronic home confinement (EHC) or community service (CS) hours for the "required jail time hours." As indicated in the chart, Utah law requires imposition of at least 1500 hours (62.5 days) of jail time for a third DUI within a 10-year period - and neither EHC nor CS hours may be substituted for this mandatory jail time.

5 - Ignition Interlock Device - A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders are required to pay the costs of installation, rental, and maintenance of an ignition interlock device. As indicated in the chart, Utah law requires utilization of an ignition interlock device beginning with the offender's second DUI within ten years - usually for 36 months. Typically, the first 12 months of use will be monitored with "drive-prevention" incidents being reported to the court for follow-up and possible further penalties.