Second Offense DUI/DWI in Utah

Utah officially uses the term Driving Under the Influence (DUI) rather than DWI ("Driving While Intoxicated") or OWI ("Operating While Intoxicated"). Under Utah Code § 41-6a-502, a DUI occurs when individuals operate a vehicle with a blood-alcohol concentration of 0.05% or higher, or while under the influence of alcohol or drugs to the point that they cannot drive safely.

A second DUI in Utah is any DUI conviction that takes place within 10 years of a prior DUI (or "impaired driving") conviction. Utah treats prior impaired-driving convictions just like DUIs for this 10-year look-back, so even a reduced "impaired driving" plea can count toward a later second offense.

Because a second DUI is classified as a Class A misdemeanor, the penalties are much harsher than for a first offense. These escalated penalties underline Utah's stance on road safety and its goal of deterring repeat offenses.

Is a 2nd DUI a Felony in Utah?

No, a second DUI in Utah is not usually a felony. According to Utah law (Utah Code § 41-6a-502), if one is arrested for driving under the influence as a second offense within ten years, it is usually a Class B misdemeanor. This means it is a serious crime, but not as serious as a felony. According to Utah Code § 41-6a-502, this second offense can become a Class A misdemeanor if something more dangerous happened, like if someone got hurt, or if there was a child in the car.

A second DUI can become a felony only if:

• The driver hurts someone seriously,
• The driver has already had two or more DUI convictions in the last ten years, or
• The driver has a past felony DUI or automobile homicide conviction.

What is the Lookback Period for a Second DUI in Utah?

Utah has a rule called the 10-year lookback period in DUI offenses. This means that if one acquires a second DUI within 10 years of the first, the court still considers the first DUI. Hence, the second one is regarded as a second offense, and the punishment is worse.

However, if more than 10 years have passed since the first DUI, the new one will typically be treated as a first offense, and the sentence is less harsh.

What are Aggravating Factors in a Second DUI?

Certain recurring factors that exacerbate a second DUI offense in Utah include:

Extreme DUI: A very high alcohol level (BAC of 0.16% and higher) leads to more severe penalties, including more extended imprisonment, higher fines, and required treatment.

Child passenger: If the child passenger is under 16 (under 18 if the driver is 21 or older), the DUI is enhanced and can earn up to 1 year in prison.

Injury: If the DUI harms an individual, the driver will have to bear more stringent punishment, up to 1 year in jail and greater fines.

Refusing a test: Saying no to a breath, blood, or urine test can result in losing a license for up to 18 or 36 months and extra penalties.

Property damage: Causing significant damage in a DUI crash can lead to more jail time and higher fines.

What Happens If You Get a 2nd DUI/DWI in Utah

If someone gets a second DUI in Utah within 10 years, the punishment may be more severe. They could spend at least 10 days in jail or do community service, pay a fine of at least $800, and be on probation for up to 18 months.

Other penalties are losing their license for 2 years, having a breath-test device fitted to their car, and being categorized as an "Alcohol Restricted Driver" for 10 years, i.e., no drinking is allowed while driving.

The court can also order alcohol testing, courses, or treatment. The fine can be even higher if the individual was over the limit, was involved in a crash, or had a child in the vehicle.

How Long Does a Second DUI Stay On Your Record in Utah?

A second DUI in Utah becomes a part of a person's criminal history and can only be expunged after 10 years under certain circumstances. The record can make it hard to get a job, especially in a field where trust or safety is a factor, and even affect the leasing of a home. People who have jobs as doctors or teachers can lose their licenses. It can also hurt their reputation with family, friends, and neighbors.

How Much Does a Second DUI Cost in Utah

A second Utah DUI will range from $3,000 to $10,000 or more. This includes:

• Minimum court fee and surcharges: About $1,580
• Increased penalties for aggravated cases: Up to $2,500
• Vehicle towing and impound fees: About $750
• Ignition Interlock Device (IID): About $1,000
• License reinstatement costs: About $345
• Treatment programs mandated by court: Varies by case
• Attorney/legal fees: A few thousand dollars, depending on the case

Fines may become substantially higher if the offense has aggravating circumstances such as a high level of blood alcohol, an accident, or having a child in the vehicle.

Chances of Going to Jail for a Second DUI in Utah

A second DUI in Utah carries a 10-day minimum jail term—often replaced by 240 hours of community service or home confinement with electronic monitoring—and up to 180 days as a Class B misdemeanor. Aggravating factors (BAC ≥ 0.16%, a child passenger, or an injury crash) bump it to a Class A misdemeanor with up to 364 days behind bars, and prior DUIs or other severe circumstances can result in even harsher sentences.

Driver's License Suspension for a Second DUI in Utah

A second DUI in Utah means the person's driver's license will be taken away for two years. During that time, they are not allowed to drive unless they get special permission through a restricted or hardship license.

To get this special license, the person must show that being unable to drive would cause significant problems, like losing their job or missing school. They must turn in proof, such as a letter from their boss or a school schedule. A judge must also agree, and a doctor must say the person is not dangerously using alcohol or drugs.

If approved, they must put a special ignition interlock device in their car.

Ignition Interlock Device Requirement

Under Utah Code § 41-6a-518.2(b)(ii), anyone convicted of a second DUI within ten years must install an ignition interlock device on every vehicle they drive, at their own expense, for two years. The IID is a built-in breathalyzer: the driver must blow into it to start the car, and it may require random "rolling" tests while driving. The driver pays installation fees (around $200) and monthly service charges (typically $60–$125). Tampering with the device or operating a vehicle without it violates Utah Code § 41-6a-518.2(5) and can lead to further suspension or fines.

DUI School and Substance Abuse Treatment

A person convicted of a second DUI in Utah must complete a 16-hour alcohol education series spread over at least two days. They also undergo a substance-abuse screening, and if that indicates a problem, a complete evaluation follows. Based on the review, the judge assigns a treatment program—ranging from outpatient counseling to inpatient services—and the individual must finish both the education course and any ordered treatment before their license can be reinstated.

Probation Conditions

A second DUI in Utah leads to supervised probation, as stated in Utah Code § 41-6a-507. This means the person must follow strict rules while being watched by a probation officer. They have to check in regularly, get permission to travel, and stay away from alcohol and illegal drugs. They can be randomly tested to ensure they comply with the laws. They will need to take DUI classes and treatment programs if the court deems it necessary. If the judge mandates that they have an ignition interlock device, it has to be installed in their car and used properly. Breaking any of these laws can send them to jail.

Community Service Requirements

Another sentencing option for a second DUI in Utah is community service. In place of jail, the court can sentence to 240 hours of community service. Community service typically involves the cleanup of public areas, work at non-profit agencies, or other kinds of community labor. The service details are up to the court and must be completed within a set period.

Impact on Auto Insurance

After a second DUI in Utah, car insurance becomes much more expensive, sometimes costing over $4,000 each year. Some insurance companies may even cancel the person's policy or choose not to renew it. The driver will be seen as a "high-risk" driver, which means insurance companies think they are more likely to have accidents. The person will also have to file a special form called an SR-22 to prove they have insurance. If they do not keep this form active for three years, they could lose their driver's license again.

Which Courts Handle DUI Cases in Utah?

DUI cases in Utah are handled by different courts depending on the severity of the charge. Justice Courts handle most misdemeanor DUI cases, while District Courts handle more serious charges, such as Class A misdemeanors and felony DUIs. Municipal Courts have limited roles and usually do not deal with state-level DUI offenses.

The addresses of the main courts where DUI cases can be processed are listed below:

Salt Lake County Justice Court
2001 South State Street
Suite S4-300
Salt Lake City, UT 84114
Phone: (385) 468-8200

Salt Lake City Justice Court
John L. Baxter Courthouse
333 South 200 East
Salt Lake City, UT 84114-5499
Phone: (801) 535-6300

Matheson- Salt Lake City District Court
450 South State Street
Salt Lake City, UT 84114
Phone: (801) 238-7300

Utah County Justice Court
151 South University Avenue
#3300, Provo, UT 84601
Phone: (801) 851-7200

West Jordan District Court
8080 South Redwood Road
Suite 1701
West Jordan, UT, 84088
Phone: (801) 233-9700

Besides going to court, people who get a DUI in Utah also have to deal with the Utah Driver License Division, which is part of the Department of Public Safety. This office takes care of things like taking away someone's driver's license or making them get special high-risk insurance called SR-22. A driver can ask for a hearing if they want to fight the license suspension. The main office is in Salt Lake City, and people can get help, forms, and more information from their website or by calling them.

Can You Get a DUI on a Horse in Utah?

No. People can only be charged if they are driving or controlling a "vehicle". The Utah Code § 41-6a-102(94) law defines a vehicle as something like a car or bike that can move people or things on a road. A horse does not fit that definition because it is an animal, not a machine or device. That means someone riding a horse while drunk cannot be charged with a DUI.