Utah has the toughest DUI law in the United States with a .05 limit

By Greg Smith posted in DUI on Monday, May 15, 2017

It’s official: Utah now has the toughest DUI law in the United States. Utah Governor Gary Herbert has signed a new DUI law that lowers the maximum blood alcohol limit to .05 percent. The former limit was .08. The law also applies to those that are carrying dangerous weapons. So, you do have the right to bear arms in Utah, but if you are above .05 and driving that right is now severely limited.

The news has been all over this story. Here is one quote: “The American Beverage Institute opposes the measure. The industry says a 120-pound woman can reach .05 with little more than one drink. The group argues that at that level, a driver is less impaired than a driver talking hands-free on a cell phone.”

Keep in mind, DUI means driving under the “influence.” So, prescription meds should not be taken before you drive.

Here is the good news for those who get caught in this net: there may be more debates over the new law because it won’t take effect until December 30, 2018.

We think this should not be a DUI (a class B misdemeanor that is “enhanceable” (the third is a felony), but a civil violation called something like “risky driving” with a $100 fine, which would not go on one’s criminal record. After all, this is going to snag a lot of decent people.

Tags: dui, drunk driving, criminal defense

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