Utah DUI LAW

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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.

41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.

  1. (a) The prosecution shall state for the record a factual basis for a plea, including whether or not there had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with the violation when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an original charge of a violation of Section 41-6a-502:
    (i) reckless driving under Section 41-6a-528; or
    (ii) an ordinance enacted under Section 41-6a-510.
    (b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation.
  2. The court shall advise the defendant before accepting the plea offered under this section of the consequences of a violation of Section 41-6a-528.
  3. The court shall notify the Driver License Division of each conviction of Section 41-6a-528 entered under this section.
  4. (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 for a violation of Section 41-6a-528 under Subsection (1).
    (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 Section 41-6a-528 under Subsection (1), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections 41-6a-505(1), (2), and (3).

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41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.

  1. (a) A person operating a motor vehicle in this state is considered to have given the person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while:
    (i) having a blood or breath alcohol content statutorily prohibited under Section 41-6a-502, 41-6a-530, 53-3-231, or 53-3-232;
    (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6a-502; or
    (iii) having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6a-517.
    (b) A test or tests authorized under this Subsection (1) must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii).
    (c) (i) The peace officer determines which of the tests are administered and how many of them are administered.
    (ii) If a peace officer requests more than one test, refusal by a person to take one or more requested tests, even though the person does submit to any other requested test or tests, is a refusal under this section.
    (d) (i) A person who has been requested under this section to submit to a chemical test or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be administered.
    (ii) The failure or inability of a peace officer to arrange for any specific chemical test is not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the requested test or tests.
  2. (a) A peace officer requesting a test or tests shall warn a person that refusal to submit to the test or tests may result in revocation of the person's license to operate a motor vehicle and a five or ten-year prohibition of the person driving with any measurable or detectable amount of alcohol in the person's body depending on the person's prior driving history if the person:
    (i) has been placed under arrest;
    (ii) has then been requested by a peace officer to submit to any one or more of the chemical tests under Subsection (1); and
    (iii) refuses to submit to any chemical test requested.
    (b) (i) Following the warning under Subsection (2)(a), if the person does not immediately request that the chemical test or tests as offered by a peace officer be administered, a peace officer shall, on behalf of the Driver License Division and within 24 hours of the arrest, give notice of the Driver License Division's intention to revoke the person's privilege or license to operate a motor vehicle.
    (ii) When a peace officer gives the notice on behalf of the Driver License Division, the peace officer shall:
    (A) take the Utah license certificate or permit, if any, of the operator;
    (B) issue a temporary license certificate effective for only 29 days from the date of arrest;
    and
    (C) supply to the operator, in a manner specified by the Driver License Division, basic information regarding how to obtain a hearing before the Driver License Division.
    (c) A citation issued by a peace officer may, if provided in a manner specified by the Driver License Division, also serve as the temporary license certificate.
    (d) As a matter of procedure, the peace officer shall submit a signed report, within ten calendar days after the day on which notice is provided under Subsection (2)(b), that:
    (i) the peace officer had grounds to believe the arrested person was in violation of any provision under Subsections (1)(a)(i) through (iii); and
    (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
    (3) Upon the request of the person who was tested, the results of the test or tests shall be made available to the person.
    (4) (a) 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.
    (b) 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.
    (c) The additional test shall be subsequent to the test or tests administered at the direction of a peace officer.
    (5) For the purpose of determining whether to submit to a chemical test or tests, the person to be tested does not have the right to consult an attorney or have an attorney, physician, or other person present as a condition for the taking of any test.

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53-3-223. Chemical test for driving under the influence -- Temporary license -- Hearing and decision -- Suspension and fee -- Judicial review.

  1. (a) If a peace officer has reasonable grounds to believe that a person may be violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a certain blood or breath alcohol concentration and driving under the influence of any drug, alcohol, or combination of a drug and alcohol or while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6a-517, the peace officer may, in connection with arresting the person, request that the person submit to a chemical test or tests to be administered in compliance with the standards under Section 41-6a-520.
    (b) In this section, a reference to Section 41-6a-502 includes any similar local ordinance adopted in compliance with Subsection 41-6a-510(1).
  2. The peace officer shall advise a person prior to the person's submission to a chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall, and the existence of a blood alcohol content sufficient to render the person incapable of safely driving a motor vehicle may, result in suspension or revocation of the person's license to drive a motor vehicle.
  3. If the person submits to a chemical test and the test results indicate a blood or breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes a determination, based on reasonable grounds, that the person is otherwise in violation of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice of the division's intention to suspend the person's license to drive a motor vehicle.
  4. (a) When a peace officer gives notice on behalf of the division, the peace officer shall:
    (i) take the Utah license certificate or permit, if any, of the driver;
    (ii) issue a temporary license certificate effective for only 29 days from the date of arrest; and
    (iii) supply to the driver, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division.
    (b) A citation issued by a peace officer may, if provided in a manner specified by the division, also serve as the temporary license certificate.
  5. As a matter of procedure, a peace officer shall send to the division within ten calendar days after the day on which notice is provided:
    (a) the person's license certificate;
    (b) a copy of the citation issued for the offense;
    (c) a signed report in a manner specified by the division indicating the chemical test results, if any; and
    (d) any other basis for the peace officer's determination that the person has violated Section 41-6a-502 or 41-6a-517.
  6. (a) Upon request in a manner specified by the division, the division shall grant to the person an opportunity to be heard within 29 days after the date of arrest. The request to be heard shall be made within ten calendar days of the day on which notice is provided under Subsection (5).
    (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the division in the county in which the arrest occurred.
    (ii) The division may hold a hearing in some other county if the division and the person
    both agree.
    (c) The hearing shall be documented and shall cover the issues of:
    (i) whether a peace officer had reasonable grounds to believe the person was driving a motor vehicle in violation of Section 41-6a-502 or 41-6a-517;
    (ii) whether the person refused to submit to the test; and
    (iii) the test results, if any.
    (d) (i) In connection with a hearing the division or its authorized agent:
    (A) may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; or
    (B) may issue subpoenas for the attendance of necessary peace officers.
    (ii) The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 78-46-28.
    (e) The division may designate one or more employees to conduct the hearing.
    (f) Any decision made after a hearing before any designated employee is as valid as if made by the division.
    (g) After the hearing, the division shall order whether the person's license to drive a motor vehicle is suspended or not.
    (h) If the person for whom the hearing is held fails to appear before the division as required in the notice, the division shall order whether the person's license to drive a motor vehicle is suspended or not.
  7. (a) A first suspension, whether ordered or not challenged under this Subsection (7), is for a period of 90 days, beginning on the 30th day after the date of the arrest.
    (b) A second or subsequent suspension for an offense that occurred within the previous ten years under this Subsection (7) is for a period of one year, beginning on the 30th day after the date of arrest.
  8. (a) The division shall assess against a person, in addition to any fee imposed under Subsection 53-3-205(13) for driving under the influence, a fee under Section 53-3-105 to cover administrative costs, which shall be paid before the person's driving privilege is reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or court decision that the suspension was not proper.
    (b) A person whose license has been suspended by the division under this section may file a petition within 30 days after the suspension for a hearing on the matter which, if held, is governed by Section 53-3-224.

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76-5-207. Automobile homicide.

  1. As used in this section, "motor vehicle" means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
  2. (a) Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:
    (i) has sufficient alcohol in his 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;
    (ii) 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
    (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.
    (b) A conviction for a violation of this Subsection (2) is a second degree felony if it is subsequent to a conviction as defined in Subsection 41-6a-502(2).
    (c) As used in this Subsection (2), "negligent" means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.
  3. a) Criminal homicide is automobile homicide, a second degree felony, if the person operates a motor vehicle in a criminally negligent manner causing the death of another and:
    (i) has sufficient alcohol in his 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;
    (ii) 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
    (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.
    (b) As used in this Subsection (3), "criminally negligent" means criminal negligence as defined by Subsection 76-2-103(4).
  4. The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a- 516 apply to determination and proof of blood alcohol content under this section.
  5. Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).
  6. The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.
  7. 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.

 

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