Who Says You Have to Lose
Your License and Your Freedom?
Yes, Utah has mandatory minimum sentences for DUI. But mandatory minimums are just the floor — not the ceiling. The right attorney digs deeper, fights harder, and finds the options that keep you driving, working, and moving forward with your life.
Call (801) 645-5008 — Free ConsultationMost people arrested for DUI assume the worst — that conviction means jail, a lost license, and a derailed life. And it’s true: Utah has some of the strictest DUI laws in the country, including mandatory minimum jail time and automatic license suspension. That is the reality.
But here is what most people don’t know: mandatory minimums are just the starting point of the conversation, not the end of it. Utah law also provides real alternatives — programs, tools, and legal options that can keep you driving and out of jail, even after a DUI charge. The difference between someone who loses everything and someone who keeps their life intact often comes down to one thing: how hard their attorney fought, and how well they knew the system.
Understanding Utah’s Mandatory Minimums
Utah law sets mandatory minimum penalties for DUI — meaning a judge cannot go below them. But a skilled attorney works to challenge the charge itself, negotiate to a lesser offense, or qualify you for programs that satisfy those minimums in far less disruptive ways.
Utah DUI Mandatory Minimum Penalties
The Floor — Not the Outcome| Offense | Minimum Jail | Minimum Fine | License |
|---|---|---|---|
| 1st Offense DUI Class B Misdemeanor |
48 hrs jail or 48 hrs community service or electronic monitoring | $700+ (plus surcharges) | 120-day suspension |
| 2nd Offense DUI Class A Misdemeanor |
10 days minimum (5 days may be electronic monitoring) |
$800+ (plus surcharges) | 2-year revocation |
| 3rd Offense DUI 3rd Degree Felony |
Up to 5 years in prison | $1,500+ (plus surcharges) | 2-year revocation |
| Extreme DUI BAC .16+ or drugs |
Enhanced minimums apply | Enhanced fines | Extended restrictions |
“Mandatory minimums are the floor — not the outcome. The right attorney’s job is to find everything between the floor and the ceiling, and fight to land you as high as possible.”
— Glen W. Neeley, Utah DUI Defense AttorneyWhat the Right Lawyer Actually Does for You
Any attorney can read you the mandatory minimum and tell you what you’re facing. It takes an experienced, committed DUI defense attorney to dig into the facts of your specific case and find every possible avenue for a better outcome. Here is what that looks like in practice.
Investigate Every Weakness
Glen reviews every police report, body camera video, breath or blood testing record, and the details of your stop and arrest. A single procedural failure by law enforcement can suppress key evidence — or get the entire case dismissed.
Negotiate a Reduced Charge
DUI does not always have to stay DUI. A skilled attorney may negotiate the charge down to Impaired Driving or Reckless Driving — lesser offenses that carry significantly lighter penalties and far fewer long-term consequences.
Explore Alternative Sentencing
Utah law allows for alternatives to jail — electronic monitoring, community service, and the 24/7 Sobriety Program — that can satisfy mandatory minimums without putting you behind bars or taking your license.
Protect Your Driving Privileges
Glen fights for your license at the Driver License Division hearing (you have only 10 days to request it) and positions you for the programs that keep you on the road even if suspension cannot be avoided.
Go to Trial When It’s Right
When negotiation is not the answer, Glen is prepared and experienced in jury trials — averaging at least two per month. Prosecutors know he won’t fold — and that changes how they negotiate from day one.
Move Quickly Before Evidence Disappears
Video footage gets deleted. Witnesses forget details. The sooner Glen is on your case, the more options remain available. Early retention is one of the most critical decisions you can make.
Keeping You on the Road: Two Programs That Can Help
Losing your license doesn’t have to mean losing your job, missing your kids’ appointments, or depending on others to get around. Utah provides two powerful tools — the Ignition Interlock Restricted Driver program and the 24/7 Sobriety Program — that can allow you to keep driving under the right circumstances.
Ignition Interlock Restricted Driver (IRD)
If your license is suspended or revoked following a DUI conviction, you may qualify to become an Ignition Interlock Restricted Driver (IRD) — meaning you can continue driving as long as every vehicle you operate has a state-approved Ignition Interlock Device (IID) installed.
An IID is a breathalyzer device wired directly into your vehicle’s ignition. The car will not start unless you provide a clean breath sample. The device also requires periodic rolling retests while you drive to confirm continued sobriety. As of 2024, Utah also requires a camera installed alongside the IID to verify that the driver — not someone else — is providing the breath sample.
Becoming an IRD is not a free pass — there are real rules and real consequences for violations — but it is a court-recognized path that allows you to keep working, meet your family obligations, and keep your life running while serving out your suspension period.
How IRD Works
- Install a state-certified IID in every vehicle you drive (including motorcycles)
- Provide a clean breath sample before the vehicle will start
- Pass rolling retests at random intervals while driving
- Attend regular calibration appointments with your certified IID provider
- Your DLD record is flagged — law enforcement can see your IRD status during any stop
IRD Restriction Periods
- 1st offense (age 21+): 120 days as an IRD
- Under age 21: 3 years as an IRD
- 2nd offense or chemical test refusal: 3 years as an IRD
- Each breath violation detected adds a 60-day extension to your restriction period
- Removing the IID before your period ends triggers an immediate re-suspension
The Utah 24/7 Sobriety Program
The 24/7 Sobriety Program is one of the most significant — and least understood — tools available in Utah DUI cases. Authorized statewide by the Utah Legislature in 2021 (UCA 41-6a-1505.5), it was originally piloted right here in Weber County, and has produced a remarkable track record of success.
The program’s core premise is simple but powerful: instead of going to jail and losing your license, you agree to prove your sobriety every single day. Stay clean and you keep your license and your freedom. Fail, and the consequences are immediate and certain.
This program was built for people who must have a license to work and support their families — people who cannot afford to stop driving but who the court needs to hold accountable. For the right candidate, it changes everything.
What the Program Requires
- Two breath tests per day at the county jail (morning and evening), or
- Wear a SCRAM continuous alcohol monitoring ankle bracelet 24 hours a day
- Random urine analysis tests for drug-related DUI cases
- 30 days duration for a 1st offense; up to 1 year for a 2nd offense
- Application submitted to DLD first, then judge must approve enrollment
What You Get in Return
- Eliminate or significantly reduce mandatory jail time
- Keep your driver’s license throughout and after the program
- Reduce or eliminate the mandatory license suspension period
- Demonstrate accountability that judges and prosecutors respect
- Stay employed, stay with your family, and stay a productive member of your community
Who Qualifies
- Any level of DUI offense, including drug DUI (random UA testing used)
- Your license must be eligible for reinstatement through the DLD
- DLD must confirm eligibility first, then the judge approves enrollment
- Available in nearly all Utah counties — even if your county doesn’t offer it, you may enroll in a neighboring county
Who Does NOT Qualify
- Anyone who refused a chemical test at the time of arrest
- Anyone with a currently suspended, denied, or revoked license for prior unrelated reasons
- Anyone who does not complete the DLD eligibility application process
Glen Neeley’s Approach: Every Case Deserves a Real Fight
Glen W. Neeley has been defending Utah DUI cases since 1998. He is not in the business of taking your money and entering a quick plea. He digs into your case, identifies every weakness in the prosecution’s evidence, and pursues every available option — from outright dismissal to the programs that keep you driving while you satisfy your sentence.
He Returns Your Calls
Glen commits to contacting you within 24 hours of your call. You will know exactly what is happening in your case — never wonder.
He Is Selective
Glen does not take every case that walks through the door. He takes the ones he can truly fight for — and gives each client his complete, undivided attention.
He Goes to Trial
Glen averages at least two jury trials per month. Prosecutors know he won’t fold under pressure — and that changes how they negotiate from the very first conversation.
“Even if we cannot avoid the charge entirely, we can often find a path that lets you keep driving, stay out of jail, and keep your life together. But you have to call — and you have to call now.”
— Glen W. Neeley, Utah DUI Defense AttorneyDon’t Accept the Worst Outcome
Without a Fight.
The alternatives exist. The programs are real. But accessing them requires an attorney who knows how to navigate the system — and who will fight to get you there. Call Glen W. Neeley today, available 24 hours a day, 7 days a week.
(801) 645-5008 Schedule a Free ConsultationAvailable 24/7 · Ogden & Salt Lake City · Statewide Utah