COMMON ACRONYMS AND TERMS USED TO DESCRIBE “DRUNK DRIVING”:  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.

PROHIBTED VEHICULAR ACTIVITY:  “drive or in actual physical control”

COVERED VEHICLES OR DEVICES:  “motor vehicle, atv, motorcycle, boat or watercraft”

COVERED LOCATION:  Anywhere in the state (regardless of public or private location)

IMPAIRED DRIVING OFFENSES:
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 .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.
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 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.

PENALTIES:

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    90 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.

BLOOD-DRAW STATUTE

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.

 A plea to a driving under the influence violation that is punishable as a class B misdemeanor may not be held in abeyance unless: the plea is entered pursuant to an education or treatment incentive program; and the education or treatment incentive program is approved by the district attorney, county attorney, attorney general, or chief prosecutor of a municipality; or evidentiary issues or other circumstances justify resolution of the case with a plea in abeyance.

Dismissal or Lesser Offense:  A plea to a driving under the influence may not be dismissed or entered as a conviction of a lesser offense if the defendant: has been convicted of any other violation which is defined as a dui conviction; has had a plea to any other dui offense and it was held in abeyance; or in the current case: operated a vehicle in a negligent manner proximately resulting in bodily injury to another or property damage to an extent requiring reporting to a law enforcement; had a blood or breath alcohol level of .16 or higher; or had a passenger under 18 years of age in the vehicle at the time of the offense.

A decision by a prosecuting attorney not to establish an education or treatment incentive program is final.