In almost every state across the US, the blood alcohol concentration (BAC) you can legally operate a motor vehicle with is the same–0.08. However, that is well above the legal limit in Utah.
In the Beehive State, it is not legal to drive a vehicle if you have a BAC of 0.05 or greater.
For a long time, Utah’s BAC limit matched every other state in the country. This changed in 2017 with the passing of HB155, which has been in effect since December 2018.
According to the Utah Department of Highway Safety, this law was intended to keep the road safer. The department said even levels below 0.08 could pose safety hazards.
As a matter of fact, the department cited some laboratory findings from the National Transportation Safety Board (NTSB), which showed that levels even lower than the 0.05 limit can cause problems:
The Beehive State is known for having strict alcohol laws. You can’t buy beverages with more than 5.2% alcohol by volume (ABV) in grocery stores or gas stations. Anything stronger than that is sold exclusively at state-run liquor stores. You also can’t buy alcohol at a designated restaurant without ordering food.
With that being said, lowering the legal BAC limit to 0.05 wasn’t just Utah being Utah. It was actually a suggestion by the NTSB. In 2013, the government agency released a safety report, which discussed the history of drunk driving laws and what still needed to be done to increase public safety.
In the report, you can see a downward trend in impairment-related fatalities starting from the 1980’s, which was when the National Minimum Drinking Age Act set the legal drinking age to 21. However, from 1995 to 2011, the data plateaued. Those types of fatalities were consistently accounting for 30-32 percent ever since.
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The NTSB had several suggestions on what states could do to lower fatalities even more. One of them was lowering the legal BAC limit, citing studies that showed that the risk of crashing is greater when the BAC is at or above 0.05.
We’ve only had five full years since the law took effect, but data released in 2023 suggests that it probably didn’t work the way Utah legislators would have liked. You can see it from the graph below.
Notably, 2019 was the first full year the law took place, and the rate of alcohol-related fatalities actually went down. However, after that, it went back up, and by 2022, the rate was higher than it had been in previous years.
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It’s important to point out that because we are dealing with policy of a state with over three million residents, we can’t conclusively say the law didn’t actually work. In 2020, the COVID-19 pandemic hit the United States, and that could have influenced the data.
We also need to say that we are only saying this for informational purposes. We aren’t endorsing legislation either way, and we urge you to follow the law as it is written.
The amount of alcohol you can drink before driving depends on a number of factors including your sex and body weight. According to the University of Toledo, if you’re a 180 pound man, three drinks would put you at 0.06, and two drinks would put you at 0.04. So you really could only have two and be legally allowed to drive.
If you’re a woman with the same weight, you’ll likely hit the threshold at two drinks. So you could only drink one.
You can find more information about how many drinks would affect your BAC at this link.
If you have any doubts about your sobriety at all, a good rule of thumb is to not get behind the wheel. When you actually look at the wording of Utah’s law about driving under the influence, you’ll see that you can still get a DUI with less alcohol in your blood. It states that a BAC of 0.05 or greater violates the law, but it also contains this wording:
“[An actor commits driving under the influence if the actor operates or is in actual physical control of a vehicle within this state if the actor] is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the actor incapable of safely operating a vehicle….”
In other words, if you have any kind of mind altering substance in your system, and it’s making you incapable of driving safely, you can get a DUI.
So if you’re going out with friends, and you think you’ll be drinking, make sure you have a plan in place to get home without driving yourself. This can include having a friend come along who is the designated driver, using a ridesharing app, getting a taxi, or anything else you can think of.
By itself, a DUI is a class B misdemeanor. This means you can face up to six months in jail with a fine of up to $1,000.
However, it can be a class A misdemeanor — up to 364 days in jail and $2,500 in fines — if a minor is in the car while you are driving under the influence or if it is your second DUI within ten years. You can also get this charge if you are violating certain traffic laws at the time.
It can be a third-degree felony — up to five years in prison and up to $5,000 in fines — if it’s the third DUI you’ve had in ten years or you have already been convicted of a felony.
If you are under the influence, and your driving leads to someone’s death, that is considered automobile homicide, which is a second-degree felony. This crime comes with a mandatory minimum sentence of five to fifteen years in prison, and you can get a fine of up to $10,000.
You should always follow the law, but under the United States Constitution, you have the right to not answer questions that incriminate yourself. So if you are stopped for a DUI, and a cop asks you whether or not you have been drinking, you can politely decline by stating that you are exercising your Fifth Amendment right. You also do not have to submit to a field sobriety test because those are voluntary.
However, if you are being arrested, you must comply with the officer. Refusing arrest can bring up other charges, even if you think the police are being unjust. You are also required to submit to a blood alcohol test if they request it because of Utah’s implied consent law.
The police are there to gather evidence that can be used against you. Instead of answering their questions, you should get a good lawyer by your side who can help you navigate the legal process.
If you’re looking for a good lawyer in Salt Lake City for your DUI case, look no further than Kristin Wilson from Brown, Bradshaw & Moffat. She’s an expert at drug and alcohol-related offenses, and she’s passionate about making sure your constitutional rights aren’t violated.
Get started with her by calling (801) 532-5297.
