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Utah driving lesson · Alcohol, Drugs & DUI

DUI penalties and implied consent

A 3-minute lesson from the Utah course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Alcohol, Drugs & DUI
Checkpoint questions
6
Source pages
18, 61, 62, 63

Utah's legal alcohol limit is 0.05 BAC, and you can be convicted even below it if you are unsafe to drive. By driving in Utah you have already agreed to a chemical test if an officer asks.

0.05 BAC

Over this, a driver violates the law (0.04 for CDL holders)

Handbook p. 61 ↗

Know the rule

Driving is also a violation if you are impaired to the degree that it is unsafe to drive, even under the legal limit.

Handbook p. 61 ↗

DUI suspensions, drivers 21 and older

DUI suspensions, drivers 21 and older
ConvictionLicense suspended
First DUI120 days
Second or later DUI2 years
Handbook p. 61 ↗

Know the rule

A peace officer may confiscate your Utah license when arresting you, and the division suspends it starting on the 45th day after the arrest.

Handbook p. 61 ↗

Know the rule

A guilty or no-contest DUI plea held in abeyance stays off your MVR unless you hold a CDL or were driving a commercial vehicle. It won't suspend your regular license but it disqualifies your CDL, and it counts as a prior offense. This also applies to reckless driving and automobile homicide.

Handbook p. 61 ↗

Implied consent

Driving a vehicle or motorboat in Utah means you agree to a chemical test of breath, blood, urine, or oral fluids for alcohol or drugs if a peace officer asks.

Handbook p. 62 ↗

Know the rule

If arrested, you must submit to the chemical tests the officer selects.

Handbook p. 62 ↗

Refusing a chemical test

Refusing a chemical test
DriverRevocation
21 or older, first refusal18 months
21 or older, second or later36 months
Under 21, first refusal2 years
Under 21, second or later36 months or until 21, whichever is longer
Handbook p. 62 ↗

Know the rule

After an alcohol-related suspension or revocation ends, you may apply for a new license by paying the reinstatement and regular license fees and taking the required exams. An extra administrative fee may apply.

Handbook p. 62 ↗

Alcohol/drug reinstatement fees

Alcohol/drug reinstatement fees
FeeAmount
Reinstatement for alcohol/drug$85
Administrative fee$255
Handbook p. 18 ↗

Know the rule

If you don't follow court orders, the court notifies the division and your license is suspended until you have done everything ordered.

Handbook p. 62 ↗

Know the rule

Operating a motorboat under the influence of alcohol or drugs falls under the same laws as driving a motor vehicle.

Handbook p. 63 ↗

Put it into practice

A 30-year-old is arrested for DUI and refuses the breath test. The refusal alone brings an 18-month revocation, longer than the 120-day suspension for a first DUI conviction.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What is the legal BAC limit for a regular driver 21 and older in Utah?
  1. 0.08
  2. 0.04
  3. 0.02
  4. 0.05

Answer: 0.05

If you are over 0.05 BAC, you are in violation of Utah law.

Handbook p. 61 ↗
What is the legal BAC limit for a CDL holder operating a commercial vehicle?
  1. 0.04
  2. 0.05
  3. 0.08
  4. 0.02

Answer: 0.04

The BAC limit for a CDL holder is 0.04, stricter than the 0.05 limit for regular drivers.

Handbook p. 61 ↗
What is the license suspension for a first DUI conviction for a driver 21 or older?
  1. 120 days
  2. 90 days
  3. 6 months
  4. 1 year

Answer: 120 days

On a first DUI conviction for a driver 21 and older, the license is suspended for 120 days.

Handbook p. 61 ↗
Under Utah's implied consent law, what do you agree to submit to if arrested for DUI?
  1. A breath test only
  2. A field sobriety test only, never a chemical test
  3. A chemical test of breath, blood, urine, or oral fluids
  4. A blood test only

Answer: A chemical test of breath, blood, urine, or oral fluids

The implied consent law means you agree to submit to a chemical test of breath, blood, urine, or oral fluids.

Handbook p. 62 ↗
If you refuse a chemical test after a DUI arrest, your license is revoked for how long on a first offense (21+)?
  1. 12 months
  2. 6 months
  3. 36 months
  4. 18 months

Answer: 18 months

Refusing a chemical test after a DUI arrest results in an 18-month revocation for a first offense.

Handbook p. 62 ↗
After a DUI arrest, the division suspends your license beginning on the 30th day after the arrest.
  1. True
  2. False

Answer: False

The division suspends the license beginning on the 45th day after the date of arrest.

Handbook p. 61 ↗
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