Utah Code 41-6a-530. Alcohol restricted drivers — Prohibited from operating a vehicle while having any measurable or detectable amount of alcohol in the person’s body — Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1) An alcohol restricted driver who operates or is in actual physical control of a vehicle in this state with any measurable or detectable amount of alcohol in the person‘s body is guilty of a class B misdemeanor.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 41-6a-530
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section
41-6a-1120 , or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
(2) A “measurable or detectable amount” of alcohol in the person’s body may be established by:
(2)(a) a chemical test;
(2)(b) evidence other than a chemical test; or
(2)(c) a combination of Subsections (2)(a) and (b) .
(3) For any person convicted of a violation of this section, the court shall order the installation of an ignition interlock system as a condition of probation in accordance with Section 41-6a-518 or describe on the record or in a minute entry why the order would not be appropriate.