June 19, 2024

Obligate Law

Professional Law Makers

The Dynamics of an Under 21 DUI in Utah

3 min read
The Dynamics of an Under 21 DUI in Utah

Driving under the influence or drunk driving is already a serious and punishable crime in Utah, but when an individual is charged with a DUI and they are under 21, the repercussions can be extremely severe. Under UCA 53-3-231, Utah has a strict Not-a-Drop policy against drinking and driving for individuals who are under the age of 21. This means that anyone under the age of 21 may not operate a vehicle with a detectable amount of alcohol in the body.

If an individual is convicted of an under 21 DUI they can face such consequences as a suspended driver’s license. The length of suspension will vary depending on if the offense is the first, second, or subsequent DUI offense. Additionally, an under 21 individual who refuses to submit to chemical testing for a DUI can receive a license suspension.

Under Utah’s Code of Motor Vehicles Chapter 6a § 509, a person who is 19 years of age but under 21 that is convicted of drunk driving can have their license suspended for up to one year or until they turn 21, whichever time period is longer. Additionally, if the individual did not have a Utah driver’s license at the time of conviction, they will be denied the issuance of a driver’s license or learners permit in Utah. This applies to the first initial DUI offense.

If an individual 19 years of age but under 21 is convicted of a second or subsequent DUI offense within 10 years of the first offense in Utah, they can have their license revoked for up to two years or until they turn 21, whichever time period is longer. If the individual did not have a Utah driver’s license at the time of conviction, then they can be denied a driver’s license or learners permit for two years or until they turn 21.

If an individual under the age of 19 is convicted of a DUI offense in Utah they can have their driver’s license suspended until they are 21 or have their application for a driver’s license or learners permit denied for the conviction.

For a second or subsequent DUI offense by a person under the age of 19, that individual can have their driver’s license revoked until the age of 21 or be denied the issuance of a driver’s license or learners permit until they are 21 years of age.

Interlock Restriction in Utah

In Utah when an individual is interlock restricted, they are not allowed to drive any vehicle without an Ignition Interlock Restricted Device installed in the vehicle. Usually, the time period a person must have the device installed in their vehicle is 18 months. However, if an individual under the age of 21 is convicted of a DUI offense they must have the device installed in their vehicle for a time period of 3 years.

A good criminal defense attorney can even help juveniles who might be facing an underage DUI charge and will be there through every step of the process including any hearings that might be required. Additionally, a knowledgeable criminal defense lawyer may be able to help you obtain a limited license in Utah for work or school purposes. Although a driver’s license suspension is the most common result of an underage DUI in Utah, an individual may be able to apply for a limited license in Utah after one year of being violation free and with written clearance from a primary care physician.

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