Utah DUI Law

FREE DUI CASE EVALUATION

UTAH CODE, 1953
TITLE 41. MOTOR VEHICLES
CHAPTER 6. TRAFFIC RULES AND REGULATIONS
ARTICLE 5. DRIVING WHILE INTOXICATED AND RECKLESS DRIVING

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-503.   Penalties for driving under the influence violations.
     (1) A person convicted the first or second time of a violation of 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 convicted of a violation of 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 conviction under Section 41-6a-502 is within ten years of two or more prior convictions as defined in Subsection 41-6a-501(2); 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.

41-6a-504.   Defense not available for driving under the influence violation.
     The fact that a person charged with violating Section 41-6a-502 is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating Section 41-6a-502.

41-6a-505.   Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations.
     (1) As part of any sentence for a first conviction of Section 41-6a-502:
     (a) the court shall:
     (i) (A) impose a jail sentence of not less than 48 consecutive hours;
     (B) require the person to work in a compensatory-service work program for not less than 48 hours; or
     (C) require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506;
     (ii) order the person to participate in a screening;
     (iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii);
     (iv) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (1)(b);
     (v) impose a fine of not less than $700; and
     (vi) order probation for the person in accordance with Section 41-6a-507, if there is admissible evidence that the person had a blood alcohol level of .16 or higher; and
     (b) the court may:
     (i) order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; or
     (ii) order probation for the person in accordance with Section 41-6a-507.
     (2) If a person is convicted under Section 41-6a-502 within ten years of a prior conviction as defined in Subsection 41-6a-501(2):
     (a) the court shall:
     (i) (A) impose a jail sentence of not less than 240 consecutive hours;
     (B) require the person to work in a compensatory-service work program for not less than 240 hours; or
     (C) require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506;
     (ii) order the person to participate in a screening;
     (iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii);
     (iv) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b);
     (v) impose a fine of not less than $800; and
     (vi) order probation for the person in accordance with Section 41-6a-507; and
     (b) the court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.
     (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison sentence and places the defendant on probation:
     (a) the court shall impose:
     (i) a fine of not less than $1,500;
     (ii) a jail sentence of not less than 1,500 hours;
     (iii) supervised probation; and
     (iv) an order requiring the person to obtain a screening and assessment and substance
abuse treatment at a substance abuse treatment program providing intensive care or inpatient treatment and long-term closely supervised follow-through after treatment for not less than 240 hours; and
     (b) the court may require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.
     (4) (a) The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
     (b) Probation or parole resulting from a conviction for a violation under this section may not be terminated.
     (5) If a person is convicted of a violation of Section 41-6a-502 and there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court shall order the following, or describe on record why the order or orders are not appropriate:
     (a) treatment as described under Subsection (1)(b), (2)(b), or (3)(a)(iv); and
     (b) one or both of the following:
     (i) the installation of an ignition interlock system as a condition of probation for the person in accordance with Section 41-6a-518; or
     (ii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.

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) suspend, for 90 days, the driver license of a person convicted under Subsection (2);
     (b) revoke, for one year, the driver license of a person convicted of a second or subsequent offense under Subsection (2) or if the person has a prior conviction as defined under Subsection 41-6a-501(2), if the violation is committed within a period of ten years after the date of the prior violation; and
     (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.
     (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).


Utah Drunk Driving Defense
Glen W. Neeley, Attorney at Law

Ogden, Utah 84401

Telephone: 801-612-1511
FAX: 866-384-4882
E-mail: gwn@utah-dui.com
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