The 10-Year Lookback Period
Utah uses a 10-year lookback period for DUI enhancements. A second DUI charge applies when the current offense occurs within 10 years of a prior DUI conviction — or a prior impaired driving plea under § 41-6a-502.5, with limitations. The 10-year period runs from conviction date to current arrest date.
Second DUI Penalties
A second DUI is a Class A Misdemeanor (compared to Class B for a first offense). Penalties include:
- Minimum 240 hours of community service or 10 days in jail
- Fines starting at $1,560 (often $2,500–$4,000 total with surcharges)
- 2-year DLD license suspension
- Ignition interlock required for 3 years after reinstatement
- Mandatory substance abuse treatment at defendant's expense
- SR-22 insurance required for 3 years with significant premium increases
How Defense Strategy Changes
On a first DUI, the § 41-6a-502.5 impaired driving plea is a strong option. On a second offense, prosecutors are significantly less willing to offer this reduction. The strategy shifts:
- Suppression motions become even more important — if evidence is excluded, the charge may not be provable
- Challenging the prior conviction's validity or applicability within the 10-year window
- Vigorous cross-examination of all evidence
- Negotiation focused on specific plea terms — community service vs. jail, interlock duration
- Trial preparation, because the consequences of conviction are severe enough to justify the fight
The third offense: A third DUI within 10 years is a 3rd Degree Felony. The urgency of immediate defense on a second offense is partly about preventing that outcome. Call (801) 627-1110 immediately.