Rights of drunk driving accident victims in Utah

Getting hit by a drunk driver is not the same as an ordinary fender bender, and Utah law treats it differently at several points. If this just happened to you, here is what Utah specifically gives you: a lower legal limit that makes the other driver's impairment easier to prove, a relaxed standard for punitive damages, a possible claim against the business that over-served, and required coverage on your own policy that often matters more than the drunk driver's. The general concepts live on our national hub. This page is about the Utah numbers, deadlines, and exceptions.

Utah's 0.05 limit and why it helps your case

Utah is the only state where the legal limit is 0.05 percent. A driver commits DUI at a blood or breath alcohol concentration of .05 grams or greater, or when alcohol or drugs render the person incapable of safely operating a vehicle.¹ The limit dropped from .08 to .05 on December 30, 2018, and Utah remains alone at that level.²

That matters for your civil claim even though the criminal case is separate. A first DUI is a class B misdemeanor,¹ prosecuted by the state, and any fine or jail time goes to the state, not to you. But the criminal proceeding produces evidence you can use: the arrest, the BAC result, the officer's report. When you sue for your injuries, driving over the legal limit is strong proof that the driver was negligent, and Utah's low threshold means the state can establish impairment at a level that would be legal almost everywhere else.

You can pursue punitive damages more easily here

In most Utah injury cases, punitive damages require clear and convincing evidence that the defendant acted with willful and malicious conduct or a knowing and reckless disregard for the rights of others.³ That is a high bar. It does not apply when a drunk driver hurt you.

Utah Code 78B-8-201 carves out an exception: the usual limitations and heightened standards of evidence "do not apply" to a punitive damages claim arising from operating a vehicle while voluntarily intoxicated under Section 41-6a-502.³ In plain terms, you can seek punitive damages against a drunk driver under the ordinary preponderance standard, meaning more likely than not, rather than the tougher clear-and-convincing test.

One catch worth knowing: Utah splits large punitive awards with the state. The first $50,000 goes to you, and anything above that is divided equally between you and the state, with the state's share now directed to a victims services fund.³

The bar or restaurant may share responsibility

Utah has a dram shop law. If a bar, restaurant, club, or other commercial provider served the driver who hit you, you may have a claim against that business too. Liability attaches when the provider furnished alcohol to someone under 21, to a person who was apparently under the influence, or to a known interdicted person, and that intoxication caused your injury or a death.⁴

Two Utah specifics matter here. First, dram shop damages are capped: $1,000,000 for one person's injuries and $2,000,000 for all persons injured in a single occurrence.⁵ Second, punitive damages are not available against the dram shop provider itself,⁵ even though they are available against the drunk driver. A claim against a business that served alcohol also runs on its own, tighter timeline than your claim against the driver, so this is not something to sit on.

Utah is a no-fault state, and there is a threshold to sue

Utah requires personal injury protection, or PIP, on nearly every auto policy, with a minimum of $3,000 in medical benefits, no deductible allowed, plus wage-loss and funeral benefits.⁶ Your own PIP pays your early medical bills regardless of who caused the crash.

Because Utah is no-fault, you cannot sue the drunk driver for pain and suffering unless your injuries clear a tort threshold. Under Utah Code 31A-22-309, you can pursue a general-damages claim only if you have more than $3,000 in medical expenses, or you suffered death, dismemberment, permanent disability, permanent impairment based on objective findings, permanent disfigurement, or a bone fracture.⁷ Serious drunk driving crashes usually clear this threshold without difficulty, but it is the gate you have to pass. The threshold does not apply to an uninsured motorist claim.⁷

Your own coverage is often where the money is

Drunk drivers are frequently underinsured or uninsured. That makes your own policy critical. Utah requires every auto policy to include uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to your liability limits, unless you signed a written form rejecting it or choosing a lower amount.⁸ If the driver who hit you carried too little insurance, your UIM coverage can make up the difference. If the driver had none, or fled the scene, UM steps in.

It helps to know the floor. For policies issued or renewed on or after January 1, 2025, Utah's minimum liability limits are $30,000 per person and $65,000 per accident for bodily injury and $25,000 for property damage, written 30/65/25.⁹ Before that the minimums were 25/65/15. A driver carrying only the state minimum can fall well short of what a serious injury costs, which is exactly why UM/UIM matters after a drunk driving crash.

Fault, deadlines, and the paperwork

Utah follows modified comparative negligence with a 50 percent bar. You can recover as long as you are not 50 percent or more at fault, and your award is reduced by your share.¹⁰ Being hit by an impaired driver usually puts the fault heavily on them.

You generally have four years from the date of the crash to file a personal injury lawsuit in Utah.¹¹ Utah also gives you four years for damage to your vehicle from a motor vehicle accident, a deadline the legislature set specifically for motor vehicle property claims in 2023.¹¹ Waiting is still a mistake. Evidence disappears, memories fade, and a separate dram shop claim runs on a shorter clock.

To document what happened, you can order the crash report through the Utah Highway Patrol.¹² If your car lost market value even after a proper repair, that is a separate diminished value claim. And if the driver was uninsured, or you are facing an insurer that will not deal fairly, an attorney who handles Utah crash cases can pursue the driver, the dram shop, and your own UM/UIM carrier at the same time.

One more Utah reality is winter. Snow and ice are common on Utah roads, and UDOT tells drivers to slow down and increase following distance in winter weather.¹³ A driver who was both drunk and driving too fast for snow does not get a pass because the road was slick. The impairment is still on them.

This is general information about Utah law, not legal advice for your specific situation.

Sources

1. Utah Code 41-6a-502 (Driving under the influence of alcohol, drugs, or a combination). https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S502.html

2. Utah Highway Safety Office, "Utah's 0.05 BAC Law." https://highwaysafety.utah.gov/05-bac-law/

3. Utah Code 78B-8-201 (Basis for punitive damages awards; section inapplicable to DUI cases). https://le.utah.gov/xcode/Title78B/Chapter8/78B-8-S201.html

4. Utah Code 32B-15-201 (Liability for injuries and damage resulting from distribution of alcoholic products). https://le.utah.gov/xcode/Title32B/Chapter15/32B-15-S201.html

5. Utah Code 32B-15-301 (Limitation on damages recoverable). https://le.utah.gov/xcode/Title32B/Chapter15/32B-15-S301.html

6. Utah Code 31A-22-307 (Personal injury protection coverages). https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S307.html

7. Utah Code 31A-22-309 (Limitations, exclusions, and conditions to personal injury protection). https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S309.html

8. Utah Code 31A-22-305 (Uninsured motorist coverage) and 31A-22-305.3 (Underinsured motorist coverage). https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S305.html

9. Utah Code 31A-22-304 (Motor vehicle insurance minimum liability limits). https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S304.html

10. Utah Code 78B-5-818 (Comparative negligence). https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S818.html

11. Utah Code 78B-2-307 (Actions that may be brought within four years). https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html

12. Utah Highway Patrol, "Get a Crash/Police Report." https://uhp.utah.gov/get-crash-police-report/

13. UDOT Traffic, Winter Weather Driving Information. https://prod-ut.ibi511.com/about/wtaInfo