Utah criminal charge
Refusing a chemical test in Utah
Refusing a chemical test is a criminal offense under Utah law, defined by Utah Code Ann. § 41-6a-520.1. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 41-6a-520.1.
What is the penalty for refusing a chemical test in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Refusing a chemical test — base offense — A violation of Subsection (1) is generally a class B misdemeanor.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Refusing a chemical test — base offense — A violation of Subsection (1) is generally a class B misdemeanor.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Refusing a chemical test — aggravating factors present — A violation of Subsection (1) is a class A misdemeanor if the actor has a young passenger, is 21+ with a passenger under 18, also violated Section 41-6a-712 or 41-6a-714, or has one prior qualifying conviction within 10 years.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Refusing a chemical test — aggravating factors present — A violation of Subsection (1) is a class A misdemeanor if the actor has a young passenger, is 21+ with a passenger under 18, also violated Section 41-6a-712 or 41-6a-714, or has one prior qualifying conviction within 10 years.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Refusing a chemical test — multiple priors or prior felony — A violation of Subsection (1) is a third degree felony if the actor has two or more prior qualifying convictions within 10 years, or the current conviction occurs after a felony conviction (or a conviction reduced under Section 76-3-402).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Refusing a chemical test — multiple priors or prior felony — A violation of Subsection (1) is a third degree felony if the actor has two or more prior qualifying convictions within 10 years, or the current conviction occurs after a felony conviction (or a conviction reduced under Section 76-3-402).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is refusing a chemical test classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Refusing a chemical test — base offense | Class B Misdemeanor | A violation of Subsection (1) is generally a class B misdemeanor. | Utah Code Ann. § 41-6a-520.1(2)(a) |
| Refusing a chemical test — aggravating factors present | Class A Misdemeanor | A violation of Subsection (1) is a class A misdemeanor if the actor has a young passenger, is 21+ with a passenger under 18, also violated Section 41-6a-712 or 41-6a-714, or has one prior qualifying conviction within 10 years. | Utah Code Ann. § 41-6a-520.1(2)(b) |
| Refusing a chemical test — multiple priors or prior felony | Third Degree Felony | A violation of Subsection (1) is a third degree felony if the actor has two or more prior qualifying convictions within 10 years, or the current conviction occurs after a felony conviction (or a conviction reduced under Section 76-3-402). | Utah Code Ann. § 41-6a-520.1(2)(c) |
Common questions about refusing a chemical test in Utah
Is refusing a chemical test a felony or a misdemeanor in Utah?
It depends on the circumstances: refusing a chemical test ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 41-6a-520.1.
Refusing a chemical test — base offense: Class B Misdemeanor (Utah Code Ann. § 41-6a-520.1(2)(a)) · Refusing a chemical test — aggravating factors present: Class A Misdemeanor (Utah Code Ann. § 41-6a-520.1(2)(b)) · Refusing a chemical test — multiple priors or prior felony: Third Degree Felony (Utah Code Ann. § 41-6a-520.1(2)(c))
What are the penalties for refusing a chemical test in Utah?
Which Utah statute covers refusing a chemical test?
Refusing a chemical test is governed by Utah Code Ann. § 41-6a-520.1 (Refusing a chemical test).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.