Utah Criminal Defense Laws

Prosecution for violent felony offenses may be commenced at any time if the identity of the perpetrator is unknown but DNA evidence is collected that would identify the person at a later date.

The statute of limitations does not run during any period in which the defendant is out of the state following the commission of the offense.

If the offense involves fraud or breach of fiduciary obligation, prosecution may be commenced within 1 year after a report to law enforcement, but this cannot extend the standard limitation by more than 3 years.

First-degree felony: 5 years to life. Second-degree felony: 1-15 years. Third-degree felony: up to 5 years. Utah uses indeterminate sentencing -- the Board of Pardons and Parole determines actual release dates.

Class A misdemeanor: up to 364 days jail. Class B misdemeanor: up to 6 months jail. Class C misdemeanor: up to 90 days jail.

Utah has a BAC limit of 0.05% (the lowest in the nation). First and second DUI offenses are Class B misdemeanors (Class A if bodily injury or a minor passenger). Third or subsequent DUI within 10 years is a third-degree felony. Penalties include 2+ days jail, license suspension, and mandatory ignition interlock.

Effective July 1, 2024, a plea to DUI may be entered as an "impaired driving" conviction (Class B misdemeanor) with prosecutor agreement if the defendant completes court-ordered probation requirements.

Waiting periods from completion of sentence: DUI -- 10 years, felonies -- 7 years, Class A misdemeanor -- 5 years, Class B -- 4 years, Class C -- 3 years. Arrests without conviction may be expunged after 30 days. Automatic expungement provisions are phasing in through January 1, 2026 (Clean Slate).