UTAH STATE STATUTE
IMPORTANT DEFINITIONS OF WORDS USED WITHIN UTAH’S “DRUNK DRIVING” STATUTE 41-6a-502 et al:
DUI – driving while under the influence
BUI – boating while under the influence,
DUI Metabolite-Driving with any measurable amount of metabolite,
Minor Consumption or Possession-Possession or consumption of alcohol by a person under the age of 21 y ears old.
DEFINITION OF “ACTUAL PHYSICAL CONTROL” : If you are in or near a vehicle that has the keys in or near the ignition, you may be said to be in “actual physical control” whether or not you are actually aware of the keys, or for that matter, whether you are conscious at the time.
DEFINITION OF VEHICLES: “any device upon which a person may be drawn or transported along a highway except those devices entirely upon fixed tracks.”
WHERE YOU CAN GET A DUI: Anywhere in the state (regardless of public or private location).
IMPAIRED DRIVING OFFENSES Under 41-6a-502.5:
DUI: 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 less than .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
METABOLITE DRIVING OFFENSES Under 41-6a-517:
Metabolite: In cases not amounting to a violation of the DUI Statute, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable amount of controlled substance or metabolite of a controlled substance in the person’s body.
DEGREE OF IMPAIRMENT REQUIRED:
DUI Alcohol/drugs: To the degree that renders the person incapable of safely operating a vehicle.
Metabolite: No impairment required. The case is proven with any measurable controlled substance or metabolite of a controlled substance in the person’s body.
Utah DUI Penalties
Offense Aggravators Jail Mandatory Fines Com. Service Other Requirements
DUI None 2 d. to 6 mths. 2 d. $1295 to $1850 48 hrs 120 day license susp.DUI Class Probation No-alcohol license No concealed weapons permit
DUI BAC>.16 2 d. to 6 mths. 2 d. $1295 to $1850 48 hrs 90 day license susp. DUI Class Probation No-alcohol license No concealed weapons permit *Ignition Interlock Device
DUI Prior DUI w/10 y 10 d. to 6 mths. 10 d. $1480 to $1850 court dec. 1 year susp. DUI Class Probation No-alcohol license No concealed weapons permit *Ignition Interlock Device
DUI 2 Prior DUIs w/10 y. 0 to 5 years 62 d. $1500 to $2500 court dec. 1 year DUI Class Probation No-alcohol license No concealed weapons permit *Ignition Interlock Device
Any DUI conviction after a Felony DUI conviction is a felony.
Any Refusal to take a chemical test is 18 month revocation for first refusal and 24 months for second or subsequent refusal.
Interlock required for three years.
IMPLIED CONSENT LAWS:
Tests Permitted: Blood, breath, and or urine and is the officer’s choice of which one(s) and how many.
Type of Advisement required: Implied consent requirements; penalties of refusing testing; of administrative suspension; and of no right to an attorney for testing.
Penalties for Refusal: 18 months to 24 months loss of license, ignition interlock device requirement, and restricted alcohol license.
Admissibility of Refusal: Admissible according to rules of evidence.
Administrative Per Se Law: Immediate license seizure, 90 day suspension for first offense for 1 year for subsequent offenses.
CHEMICAL TEST LAWS
General provisions: Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution. Breath tests are admissible as to the time of the test. There is no longer a requirement that a test be given within two hours for it to be presumed accurate.
Only a physician, registered nurse, practical nurse, or person certified by the State Health Department, acting at the request of a peace officer, may withdraw blood to determine the alcoholic or drug content.
The limitation above does not apply to taking a urine, breath, or oral fluid specimen.
INDEPENDENT TEST STAUTE
The person to be tested may, at the person’s own expense, have a physician of the person’s own choice administer a chemical test in addition to the test or tests administered at the direction of a peace officer.
The failure or inability to obtain the additional test does not affect admissibility of the results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests to be taken at the direction of a peace officer.
PLEA BARGAINING STATUTE
Plea in Abeyance: A plea may not be held in abeyance in any case involving a driving under the influence violation that is punishable as a felony or class A misdemeanor. These are now illegal by statute and may no longer be entered into under Utah DUI law.
A decision by a prosecuting attorney not to establish an education or treatment incentive program is final.