Utah DUI Laws and Statutes

Salt Lake City Utah DUI Defense Lawyer

Drunk Driving / Driving Under the Influence / Driving While Intoxicated

Utah Statutes of DUI Related Offenses:

A. Driving Under the Influence – Utah Code Ann. § 41-6a-502 (Supp. 2010):

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.

• (1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
• (a) has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
• (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
• (c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
• (2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
• (3) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.

B. Driving While Impaired – Utah Code Ann. § 41-6a-502.5 (Supp. 2010):

41-6a-502.5. Impaired driving – Penalty – Sentencing requirements.

• (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of impaired driving under this section if:
• (a) the defendant completes court ordered probation requirements; or
• (b)
  • (i) the prosecutor agrees as part of a negotiated plea; and
  • (ii) the court finds the plea to be in the interest of justice.
• (2) A conviction entered under this section is a class B misdemeanor.
• (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
• (ii) If the defendant fails to appear before the court and establish successful completion of the court ordered probation requirements under Subsection (1)(a), the court shall enter an amended conviction of Section 41-6a-502.
• (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of conviction.
• (b) The court may enter a conviction of impaired driving immediately under Subsection (1)(b).
• (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor violation of Section 41-6a-502 as impaired driving under this section is a reduction of one degree.
• (5) The court shall notify the Driver License Division of each conviction entered under this section.
• (6) (a) The provisions in Subsections 41-6a-505(1), (2), and (3) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series, or obtain substance abuse treatment or do a combination of those things, apply to a conviction entered under this section.
• (b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under this section as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsection 41-6a-505(1), (2), or (3).
• (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section 53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court.
• (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
• (i) a CDL license holder; or
• (ii) a violation that occurred in a commercial motor vehicle.

C. Person Under 21 Years of Age AKA "Not a Drop" – Utah Code Ann. § 32A-12-209 (Supp. 2010):

32A-12-209. Unlawful purchase, possession, consumption by minors – Measurable amounts in body.

• (1) Unless specifically authorized by this title, it is unlawful for a minor to:
• (a) purchase an alcoholic beverage or product;
• (b) attempt to purchase an alcoholic beverage or product;
• (c) solicit another person to purchase an alcoholic beverage or product;
• (d) possess an alcoholic beverage or product;
• (e) consume an alcoholic beverage or product; or
• (f) have measurable blood, breath, or urine alcohol concentration in the minor’s body.
• (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic beverage or product for a minor for:
• (a) a minor to misrepresent the minor’s age; or
• (b) any other person to misrepresent the age of a minor.
• (3) It is unlawful for a minor to possess or consume an alcoholic beverage while riding in a limousine or chartered bus.
• (4) If a minor is found by a court to have violated this section and the violation is the minor’s second or subsequent violation of this section, the court:
• (a) shall order the minor to participate in an educational series as defined in Section 41-6a-501; and
• (b) may order the minor to participate in a screening as defined in Section 41-6a-501.
• (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, except as provided in Section 32A-12-223, the court hearing the case shall suspend the minor’s driving privileges under Section 53-3-219.
• (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the suspension period required under Section 53-3-219 if:
• (i) the violation is the minor’s first violation of this section; and
• (ii) the minor completes an educational series as defined in Section 41-6a-501.
• (6) When a minor who is at least 13 years old, but younger than 18 years old, is found by the court to have violated this section, Section 78A-6-606 applies to the violation.
• (7) When a court issues an order suspending a person’s driving privileges for a violation of this section, the Driver License Division shall suspend the person’s license under Section 53-3-219.
• (8) When the Department of Public Safety receives the arrest or conviction record of a person for a driving offense committed while the person’s license is suspended pursuant to this section, the Department of Public Safety shall extend the suspension for an additional like period of time.
• (9) This section does not apply to a minor’s consumption of an alcoholic beverage or product in accordance with this title:
• (a) for medicinal purposes if:
• (i) the minor is at least 18 years old; or
• (ii) the alcoholic beverage or product is furnished by:
• (A) the parent or guardian of the minor; or
• (B) the minor’s physician or dentist; or
• (b) as part of a church’s or religious organization’s religious services.

D. CDL License Holders – Utah Code Ann. § 53-3-417 (Supp. 2010):

53-3-417. Measurable alcohol amount consumed – Penalty – Refusal to take test for alcohol.

• (1) A person who holds or is required to hold a CDL may not drive a commercial motor vehicle while there is any measurable or detectable alcohol in his body.
• (2) The division, a port-of-entry agent, or a peace officer shall place a person out-of-service for 24 consecutive hours who:
• (a) violates Subsection (1); or
• (b) refuses a request to submit to a test to determine the alcohol concentration of his blood, breath, or urine.

E. Alcohol Restricted Licenses – Utah Code Ann. § 41-6a-530 (Supp. 2010):

41-6a-530. Alcohol restricted drivers – Prohibited from operating a vehicle while having any measurable or detectable amount of alcohol in the person’s body – Penalties.

• (1) An alcohol restricted driver who operates or is in actual physical control of a vehicle in this state with any measurable or detectable amount of alcohol in the person’s body is guilty of a class B misdemeanor.
• (2) A "measurable or detectable amount" of alcohol in the person’s body may be established by:
• (a) a chemical test;
• (b) evidence other than a chemical test; or
• (c) a combination of Subsections (2)(a) and (b).
• (3) For any person convicted of a violation of this section, the court shall order the installation of an ignition interlock system as a condition of probation in accordance with Section 41-6a-518 or describe on the record or in a minute entry why the order would not be appropriate.

F. Driving With a Drug Metabolite in the Body – Utah Code Ann. § 53-3-517 (Supp. 2010):

41-6a-517. Definitions – Driving with any measurable controlled substance in the body – Penalties – Arrest without warrant.

• (1) As used in this section:
• (a) "Controlled substance" means any substance scheduled under Section 58-37-4.
• (b) "Practitioner" has the same meaning as provided in Section 58-37-2.
• (c) "Prescribe" has the same meaning as provided in Section 58-37-2.
• (d) "Prescription" has the same meaning as provided in Section 58-37-2.
• (2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person’s body.
• (3) It is an affirmative defense to prosecution under this section that the controlled substance was:
• (a) involuntarily ingested by the accused;
• (b) prescribed by a practitioner for use by the accused; or
• (c) otherwise legally ingested.
• (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
• (b) A person who violates this section is subject to conviction and sentencing under both this section and any applicable offense under Section 58-37-8.
• (5) A peace officer may, without a warrant, arrest a person for a violation of this section when the officer has probable cause to believe the violation has occurred, although not in the officer’s presence, and if the officer has probable cause to believe that the violation was committed by the person.
• (6) The Driver License Division shall:
• (a) if the person is 21 years of age or older on the date of arrest:
• (i) suspend, for a period of 120 days, the driver license of a person convicted under Subsection (2) of an offense committed on or after July 1, 2009; or
• (ii) revoke, for a period of two years, the driver license of a person if:
• (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
• (B) the current violation under Subsection (2) is committed:
• (I) within a period of 10 years after the date of the prior violation; and
• (II) on or after July 1, 2009;
• (b) if the person is under 21 years of age on the date of arrest:
• (i) suspend, until the person is 21 years of age or for a period of 120 days, the driver license of a person convicted under Subsection (2) of an offense committed on or after July 1, 2009; or
• (ii) revoke, until the person is 21 years of age or for a period of two years, the driver license of a person if:
• (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
• (B) the current violation under Subsection (2) is committed:
• (I) within a period of 10 years after the date of the prior violation; and
• (II) on or after July 1, 2009;
• (c) subtract from any suspension or revocation period the number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon which the record of conviction is based; and
• (d) deny, suspend, or revoke a person’s license for the denial and suspension periods in effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was committed prior to July 1, 2009.
• (7) (a) The court shall notify the Driver License Division if a person fails to:
• (i) complete all court ordered screening and assessment, educational series, and substance abuse treatment; or
• (ii) pay all fines and fees, including fees for restitution and treatment costs.
• (b) Upon receiving the notification, the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).
• (8) The court shall order supervised probation in accordance with Section 41-6a-507 for a person convicted under Subsection (2).

The concern about a metabolite is that the impairing affects that a drug may cause a driver is already passed. This charge is not filed against an impaired driver. This is a charge against someone when the drug has already been metabolized by the body, the drug is rendered harmless. The drug, if Marijuana is THC. When a toxicology report returns a result of "neg" for THC but show "pos" for HOO-THC, that means the officer’s claim that he observed impaired behavior of the driver, he couldn’t be more incorrect.

G. Enhancements for Subsequent DUI Offenses – Utah Code Ann. § 61-6a-509 (Supp. 2010):

41-6a-509.   Driver license suspension or revocation for a driving under the influence violation.

• (1) (a) The Driver License Division shall:
• (i) if the person is 21 years of age or older at the time of arrest:
• (A) suspend for a period of 120 days the operator’s license of a person convicted for the first time under Section 41-6a-502 of an offense committed on or after July 1, 2009; and
• (B) revoke for a period of two years the license of a person if:
• (I) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
• (II) the current driving under the influence violation under Section 41-6a-502 is committed:
• (Aa) within a period of 10 years from the date of the prior violation; and
• (Bb) on or after July 1, 2009;
• (ii) if the person is under 21 years of age at the time of arrest:
• (A) suspend the person’s driver license until the person is 21 years of age or for a period of 120 days, whichever is longer, if the person is convicted for the first time of a driving under the influence violation under Section 41-6a-502 of an offense that was committed on or after July 1, 2009;
• (B) deny the person’s application for a license or learner’s permit until the person is 21 years of age or for a period of 120 days, whichever is longer, if the person:
• (I) is convicted for the first time of a driving under the influence violation under Section 41-6a-502 of an offense committed on or after July 1, 2009; and
• (II) has not been issued an operator license;
• (C) revoke the person’s driver license until the person is 21 years of age or for a period of two years, whichever is longer, if:
• (I) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
• (II) the current driving under the influence violation under Section 41-6a-502 is committed:
• (Aa) within a period of 10 years from the date of the prior violation; and
• (Bb) on or after July 1, 2009; or
• (D) deny the person’s application for a license or learner’s permit until the person is 21 years of age or for a period of two years, whichever is longer, if:
• (I) the person has a prior conviction as defined under Subsection 41-6a-501(2);
• (II) the current driving under the influence violation under Section 41-6a-502 is committed:
• (Aa) within a period of 10 years from the date of the prior violation; and
• (Bb) on or after July 1, 2009; and
• (III) the person has not been issued an operator license; and
• (iii) suspend or revoke the license of a person as ordered by the court under Subsection (2).
• (b) The Driver License Division shall suspend the operator’s license of a person convicted under Section 41-6a-502 of an offense that was committed prior to July 1, 2009, for the suspension periods in effect prior to July 1, 2009.
• (c) The Driver License Division shall subtract from any suspension or revocation period the number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon which the record of  conviction is based.
• (d) If a conviction recorded as impaired driving is amended to a driving under the influence conviction under Section 41-6a-502 in accordance with Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
• (i) may not subtract from any suspension or revocation any time for which a license was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
• (ii) shall start the suspension or revocation time under Subsection (1)(a) on the date of the amended conviction.
• (2) (a) (i) In addition to any other penalties provided in this section, a court may order the operator’s license of a person who is convicted of a violation of Section 41-6a-502 to be suspended or revoked for an additional period of 90 days, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards.
• (ii) The additional suspension or revocation period provided in this Subsection (2) shall begin the date on which the individual would be eligible to reinstate the individual’s driving privilege for a violation of Section 41-6a-502.
• (b) If the court suspends or revokes the person’s license under this Subsection (2), the court shall prepare and send to the Driver License Division an order to suspend or revoke that person’s driving privileges for a specified period of time.
• (3) (a) The court shall notify the Driver License Division if a person fails to:
• (i) complete all court ordered:
• (A) screening;
• (B) assessment;
• (C) educational series;
• (D) substance abuse treatment; and
• (E) hours of work in a compensatory-service work program; or
• (ii) pay all fines and fees, including fees for restitution and treatment costs.
• (b) Upon receiving the notification described in Subsection (3)(a), the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).

H. Enhancements for DUI with Accident or Injury (may or may not involve a death – if a death is involved may include a charge of Automobile Homicide – Utah Code Ann. § 41-6a-503 (Supp. 2010):

41-6a-503.   Penalties for driving under the influence violations.

• (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
• (a) class B misdemeanor; or
• (b) class A misdemeanor if the person:
• (i) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
• (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
• (iii) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense.
• (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
• (a) the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
• (b) the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within 10 years of:
• (i) the current conviction under Section 41-6a-502; or
• (ii) the commission of the offense upon which the current conviction is based; or
• (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
• (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
• (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
• (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction is reduced under Section 76-3-402.
• (3) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of Section 76-5-207 whether or not the injuries arise from the same episode of driving.