SALT LAKE DUI: WHAT’S MY BAC?
It’s important to remember that in Utah it is not illegal to drink and drive. It’s also not necessarily legal to get behind the wheel of a vehicle even if your BAC is BELOW .08. Confused yet? Let’s break it down.
Utah has a “per se” limit of .08. That is, regardless of whether or not you are impaired, if your BAC is .08 and you are operating a motor vehicle, you can be charged with DUI.
You can also be charged with DUI if your BAC is below .08 and alcohol and/or drugs are making it so you are incapable of safely operating a motor vehicle. Who decides whether or not you are incapable of safely operating a motor vehicle? A law enforcement officer at the scene of your traffic stop. I have seen dozens of people with BAC’s below .08 charged with DUI. Some were swerving all over the road and falling down during filed sobriety tests. Others (most fall into this category) had a brake light out or their registration sticker expired a month ago and they don’t, in the eyes of the law enforcement officer, “pass” the field sobriety tests.
Long story short, you can be charged with DUI with ANY BAC from .001-.079 if you are impaired by alcohol and/or drugs to a degree that you are incapable of safely operating a motor vehicle. And, of course, you can be charged with DUI if your BAC is above .08.
Once you hit .16 you will trigger additional orders from the Judge at sentencing (supervised probation, ignition interlock device) that otherwise aren’t mandatory from the Court.
The goal is for everyone to get to where they are going safely. If you plan to drink, please do so responsibly.
The above guide is for estimate purposes only. There are a number of factors for why your BAC may be significantly higher than the number shown in the table. Don’t rely on this guide to determine whether or not you should drive.
