Utah 0.05 BAC Law and Not a Drop for New Drivers

Photo: An Errant Knight, CC BY-SA 4.0, via Wikimedia Commons

This explainer is for new and learner drivers in Utah. Utah’s legal limit for drivers 21 and over is a blood alcohol concentration (BAC) of 0.05, the lowest in the US. Under 21, the rule is Not a Drop: driving with any measurable alcohol in your body is illegal and can cost you your license. Here is what that means in practice.

Key facts: Utah DUI limits

Utah was the first state to lower its limit from 0.08 to 0.05. It is still the only state where 0.05 is the per se limit for drivers 21 and over.

What “per se” means under Utah’s 0.05 law

At 0.05 or above, the BAC result alone is enough for a DUI charge. It doesn’t matter whether your driving looked normal. Below 0.05, you can still be charged if alcohol, drugs or both make you unable to drive safely. That includes prescription and over-the-counter medication. For cannabis and other drugs, see drugged driving and cannabis.

Not a Drop: Utah’s rule for drivers under 21

• Drinking, possessing or trying to buy alcohol is illegal under 21.
• Driving with any measurable alcohol in your body is banned under Utah Code 53-3-231. The Driver License Division can suspend your license, or deny or postpone it if you don’t have one yet. This is a license sanction, separate from DUI. A first offense means all driving privileges are denied for six months. A second within 10 years means two years or until 21, whichever is longer. To reinstate, you need a substance abuse assessment (a Prime For Life class is also accepted).
• A court conviction for underage possession or drinking, or for being in a bar, means a one-year suspension for a first offense and two years for a repeat.
• If you are impaired or at 0.05 or above, a DUI charge can follow as well, with its own penalties.
• If alcohol is suspected, the steps can include chemical tests, sobriety tests, a license hearing and decision, suspension, fees, judicial review and a referral to a local substance abuse program.

For a learner or new driver, a Not a Drop case can also break your driver ed program’s rules. Violating Utah alcohol or age laws is grounds for removal from a public driver education program. National context: zero tolerance laws for under-21 drivers.

Implied consent: refusing a test in Utah

By driving on Utah roads, you are treated as having agreed to a breath, blood or urine test if you are suspected of DUI. Refusing means revocation: 18 months for a first refusal and 36 months for a repeat. Under 21, a first refusal costs two years or until 21, whichever is longer, and a repeat 36 months or until 21. After a refusal you must also drive only with an ignition interlock for two years. More: implied consent and DUI in the US.

What a first DUI can cost in Utah

The Utah Highway Safety Office gives this general overview (actual penalties vary by case):

• Class B misdemeanor
• a minimum of 48 hours in jail, or community service or electronic home confinement
• fines and fees that can reach $10,000
• a license suspension, often 120 days
• a required alcohol or drug assessment, and possibly education or treatment
• an ignition interlock restriction: 18 months after a first DUI, or three years if you were under 21 when arrested
• an alcohol-restricted status for years afterward, during which driving with any alcohol means a one-year revocation

Penalties rise steeply for repeat offenses, a BAC of 0.16 or higher, a minor in the car, or a crash that injures or kills someone. A third offense within 10 years is a felony. The criminal case (courts) and the license action (DLD) run separately, so your license can be suspended before any conviction.

You can be charged without driving

Being in “actual physical control” of a vehicle while impaired can be enough. An example is sitting in the driver’s seat with the keys, even with the engine off. Sleeping it off behind the wheel is not a safe option.

Common questions

How many drinks is 0.05 in Utah?

There is no safe count. BAC depends on body size, food, time and the drink. Under 21, the answer is none at all.

Is Utah the only state with a 0.05 limit?

Yes. It is the only state where 0.05 is the per se limit for drivers 21 and over.

Can I get a DUI in Utah on prescription medicine?

Yes, if it impairs you to the point that you can’t drive safely.

What happens to a Utah learner caught with alcohol?

Under Not a Drop, any measurable alcohol can bring a license suspension or denial and fees, and a DUI charge too if the DUI tests are met. It can also get you removed from a public driver ed course.

Is the 0.05 limit on the Utah permit test?

Expect it. Alcohol and drugs are a handbook topic, and impaired driving is one of the Highway Safety Office’s main focus areas.

Is refusing a breath test better than failing it?

No. Refusal brings its own suspension and penalties, often more severe than the DUI itself.

Back to the Utah learning-to-drive guide. Related: Utah teen driver restrictions.

Sources

• Utah Highway Safety Office, “Summary of Utah’s DUI Laws” (highwaysafety.utah.gov)
• Utah Highway Safety Office, “Impaired Driving” (highwaysafety.utah.gov)
• Utah Violence and Injury Prevention Program, “Be Smart. Be Safe. A Parent’s Guide to Smart Teen Driving” (vipp.utah.gov)
• Utah State Board of Education, “Driver Education Law & Policy” (2024 edition) (schools.utah.gov)