When faced with a DUI in Utah, it is never a bad idea to educated yourself as much a possible. Understanding what you are about to face will make the process easier. The following is the Utah DUI code:
UTAH CODE, 1953
TITLE 41. MOTOR VEHICLES
CHAPTER 6. TRAFFIC RULES AND REGULATIONS
ARTICLE 5. DRIVING WHILE INTOXICATED AND RECKLESS DRIVING
41-6-44 (41-6a-502) Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration –Measurement of blood or breath alcohol –Criminal punishment –Arrest without warrant — Penalties –Suspension or revocation of license.
(1) As used in this section:
(a) “conviction” means any conviction for a violation of:
(i) this section;
(ii) alcohol, any drug, or a combination of both-related reckless driving under Subsections (9) and (10);
(iii) Section 41-6a-502-44.6, driving with any measurable controlled substance that is taken illegally in the body;
(iv) local ordinances similar to this section or alcohol, any drug, or a combination of both-related reckless driving adopted in compliance with Section 41-6-43;
(v) automobile homicide under Section 76-5-207; or
(vi) a violation described in Subsections (1)(a)(i) through (v), which judgment of conviction is reduced under Section 76-3-402; or
(vii) statutes or ordinances in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of this section or alcohol, any drug, or a combination of both-related reckless driving if committed in this state, including punishments administered under 10 U.S.C. Sec. 815;
(b) “educational series” means an educational series obtained at a substance abuse program that is approved by the Board of Substance Abuse and Mental Health in accordance with Section 62A-15-105;
(c) “screening and assessment” means a substance abuse addiction and dependency screening and assessment obtained at a substance abuse program that is approved by the Board of Substance Abuse and Mental Health in accordance with Section 62A-15-105;
(d) “serious bodily injury” means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death;
(e) “substance abuse treatment” means treatment obtained at a substance abuse program that is approved by the Board of Substance Abuse and Mental Health in accordance with Section 62A-15-105;
(f) “substance abuse treatment program” means a state licensed substance abuse program;
(g) a violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6-43; and
(h) the standard of negligence is that of simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(2)
(a) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 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 .05 grams or greater at the time of operation or actual physical control.
(b) 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 against any charge of violating this section.
(c) 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) A person convicted the first or second time of a violation of Subsection (2) is guilty of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person
(A) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
(B) had a passenger under 16 years of age in the vehicle at the time of the offense; or
(C) 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.
(b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony if the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner.
(4)
(a) As part of any sentence imposed the court shall, upon a first conviction, impose a mandatory jail sentence of not less than 48 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 48 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (4)(d); and
(iii) impose a fine of not less than $700.
(d) The court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.
(e)
(i) Except as provided in Subsection (4)(e)(ii), the court may order probation for the person in accordance with Subsection (14).
(ii) If there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court shall order probation for the person in accordance with Subsection (14).
(5)
(a) If a person is convicted under Subsection (2) within ten years of a prior conviction under this section, the court shall as part of any sentence impose a mandatory jail sentence of not less than 240 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 240 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (5)(d); and
(iii) impose a fine of not less than $800.
(d) The court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.
(e) The court shall order probation for the person in accordance with Subsection (14).
(6)
(a) A conviction for a violation of Subsection (2) is a third degree felony if it is:
(i) a third or subsequent conviction under this section within ten years of two or more prior convictions; or
(ii) at any time after a conviction of:
(A) automobile homicide under Section 76-5-207 that is committed after July 1, 2001; or
(B) a felony violation under this section that is committed after July 1, 2001.
(b) Any conviction described in this Subsection (6) which judgment of conviction is reduced under Section 76-3-402 is a conviction for purposes of this section.
(c) Under Subsection (3)(b) or (6)(a), if the court suspends the execution of a prison sentence and places the defendant on probation the court shall impose:
(i) a fine of not less than $5,000; and
(ii) a mandatory jail sentence of not less than 1,500 hours.
(d) For Subsection (6)(a) or (c), the court shall impose 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.
(e) In addition to the penalties required under Subsection (6)(c), if the court orders probation, the probation shall be supervised probation which may include requiring the person to participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(7)
The mandatory portion of any sentence required under this section may not be suspended and the convicted person is not eligible for parole or probation until any sentence imposed under this section has been served. Probation or parole resulting from a conviction for a violation under this section may not be terminated.
(8)
(a) (i) The provisions in Subsections (4), (5), and (6) that require a sentencing court to order a convicted person to: participate in a screening and assessment; and an educational series; obtain, in the discretion of the court, substance abuse treatment; obtain, mandatorily, substance abuse treatment; or do a combination of those things, apply to a conviction for a violation of Section 41-6-44.6 or 41-6-45 under Subsection (9).
(ii) The court shall render the same order regarding screening and assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under Section 41-6-44.6 or 41-6-45 under Subsection (9), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections (4), (5), and (6).
(b) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening and assessment;
(B) educational series;
(C) substance abuse treatment; and
(D) hours of work in compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs. Upon receiving the notification, the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).
(9)
(a) (i) When the prosecution agrees to a plea of guilty or no contest to a charge of a violation of Section 41-6-45, of an ordinance enacted under Section 41-6-43, or of Section 41-6-44.6 in satisfaction of, or as a substitute for, an original charge of a violation of this section, the prosecution shall state for the record a factual basis for the 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.
(ii) The statement 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.
(b) The court shall advise the defendant before accepting the plea offered under this Subsection (9)(b) of the consequences of a violation of Section 41- 6-44.6 or of Section 41-6-45.
(c) The court shall notify the Driver License Division of each conviction of Section 41-6-44.6 or 41-6-45 entered under this Subsection (9).
(10)
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 his presence, and if the officer has probable cause to believe that the violation was committed by the person.
(11)
(a) The Driver License Division shall:
(i) suspend for 120 days the operator’s license of a person convicted for the first time under Subsection (2);
(ii) revoke for one year the license of a person convicted of any subsequent offense under Subsection (2) or if the person has a prior conviction as defined under Subsection (1) if the violation is committed within a period of ten years from the date of the prior violation; and
(iii) suspend or revoke the license of a person as ordered by the court under Subsection (12).
(b) 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.
(12)
(a) 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 Subsection (2) to be suspended or revoked for an additional period of 120 days, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards.
(b) If the court suspends or revokes the person’s license under this Subsection (12)(b), 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.
(13)
(a) If the court orders a person to participate in home confinement through the use of electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation monitoring agency, law enforcement units, or contract provider of the defendant’s whereabouts.
(b) The electronic monitoring device shall be used under conditions which require:
(i) the person to wear an electronic monitoring device at all times;
(ii) that a device be placed in the home or other specified location of the person, so that the person’s compliance with the court’s order may be monitored; and
(iii) the person to pay the costs of the electronic monitoring.
(c) The court shall order the appropriate entity described in Subsection (13)(e) to place an electronic monitoring device on the person and install electronic monitoring equipment in the residence of the person or other specified location.
(d) The court may:
(i) require the person’s electronic home monitoring device to include a substance abuse testing instrument;
(ii) restrict the amount of alcohol the person may consume during the time the person is subject to home confinement;
(iii) set specific time and location conditions that allow the person to attend school educational classes, or employment and to travel directly between those activities and the person’s home; and
(iv) waive all or part of the costs associated with home confinement if the person is determined to be indigent by the court.
(e) The electronic monitoring described in this section may either be administered directly by the appropriate corrections agency, probation monitoring agency, or by contract with a private provider.
(f) The electronic monitoring provider shall cover the costs of waivers by the court under Subsection (13)(d)(iv).
(14)
(a) If supervised probation is ordered under Section 41-6-44.6 or Subsection (4)(e) or (5)(e):
(i) the court shall specify the period of the probation;
(ii) the person shall pay all of the costs of the probation; and
(iii) the court may order any other conditions of the probation.
(b) The court shall provide the probation described in this section by contract with a probation monitoring agency or a private probation provider.
(c) The probation provider described in Subsection (14)(b) shall monitor the person’s compliance with all conditions of the person’s sentence, conditions of probation, and court orders received under this article and shall notify the court of any failure to comply with or complete that sentence or those conditions or orders.
(d)
(i) The court may waive all or part of the costs associated with probation if the person is determined to be indigent by the court.
(ii) The probation provider described in Subsection (14)(b) shall cover the costs of waivers by the court under Subsection (14)(d)(i).
(15)
If a person is convicted of a violation of Subsection (2) and there is admissible evidence that the person had a blood alcohol level of .16 or higher, then if the court does not order:
(a) treatment as described under Subsection (4)(d), (5)(d), or (6)(d), then the court shall enter the reasons on the record; and
(b) the following penalties, the court shall enter the reasons on the record:
(i) the installation of an ignition interlock system as a condition of probation for the person in accordance with Section 41-6-44.7; or
(ii) the imposition of home confinement through the use of electronic monitoring in accordance with Subsection (13).
U.C.A. 1953 ß 41-6-44.6 (41-6a-502)
UTAH CODE, 1953
TITLE 41. MOTOR VEHICLES
CHAPTER 6. TRAFFIC RULES AND REGULATIONS
ARTICLE 5. DRIVING WHILE INTOXICATED AND RECKLESS DRIVING
41-6a-502 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 41-6-44, 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 involuntarily ingested by the accused or prescribed by a practitioner for use by the accused.
(4) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
(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 120 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 41-6-44(1), 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) If a person fails to complete all court ordered screening and assessment, educational series, and substance abuse treatment, or fails to pay all fines and fees, including fees for restitution and treatment costs, the court shall notify the Driver License Division of a failure to comply. 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 Subsection 41-6-44(14) for a person convicted under Subsection (2).