DUI Criminal Penalties

First Offense:

Penalties for a first DUI conviction range from the following Minimum to Maximum Sentences:

Minimum sentence

48 hours of jail time or hours of community service or house arrest
Up to $1,395 in fines
Informal probation
License suspension for 120 days
Alcohol and drug screening
PRIME for Life Class

Maximum sentence
Six months jail time
Up to $1,940 in fines, plus additional fees
Two year license suspension
Supervised probation
Required substance abuse testing and treatment
PRIME for Life Class
Ignition Interlock Device

Second Offenses:

A second DUI conviction within a ten-years will have enhanced penalties:

Minimum sentence

Ten days (240 hours) of jail time or community service or house arrest with electronic monitoring
Up to $1,940 in fines
Evaluation and screening assessment
Two year license suspension
Supervised probation

Maximum sentence:

the same as the maximum first time conviction penalties

Third DUI Conviction:

A third drunk DUI offense within 10 years can be charged as a felony. DUI’s involving injury or death will be filed as a felony DUI.

Minimum sentence

1500 hours of jail time
$2,775 in fines
Three year license suspension
Required substance abuse testing, assessment and counseling
Up to 240 hours of intensive treatment
Supervised probation
License suspension
Screening and assessment

Aggravated Third Offense:

Maximum sentence:

Three year license suspension
Required substance abuse testing, assessment and counseling
Up to five years in state prison
- $9,250 in fines
- 240 days to five years of intensive treatment

41-6a-503. Penalties for driving under the influence violations.

(1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:

(a) class B misdemeanor; or

(b) class A misdemeanor if the person:

(i) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;

(ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or

(iii) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense.

(2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:

(a) the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;

(b) the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within 10 years of:

(i) the current conviction under Section 41-6a-502; or

(ii) the commission of the offense upon which the current conviction is based; or

(i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;

(ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or

(iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction is reduced under Section 76-3-402.

(3) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of Section 76-5-207 whether or not the injuries arise from the same episode of driving.