Utah law
Criminal Defense Laws in Utah.
Utah classifies felonies into three degrees (capital, first, second, third) and misdemeanors into three classes (A, B, C) plus infractions. Murder and certain sex offenses have no statute of limitations. Utah uses indeterminate sentencing for felonies. The BAC limit for DUI is 0.05%, among the lowest in the nation. Expungement is governed by Utah Code 77-40a with automatic expungement provisions phasing in through 2026.
Last verified: 2026-02-25
State law
Statute of Limitations
Murder, manslaughter, kidnapping, and certain sex offenses have no statute of limitations. Most felonies must be charged within 4 years. Serious sex offenses (first-degree felony) have an 8-year limit. Class A misdemeanors have 2 years. Class B and C misdemeanors have 1 year.
Exceptions
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.
State law
Key Utah Statutes
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).
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Utah.
More in Utah
Other state law topics.
Personal Injury Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws