Utah Code 32B-4-423. Immunity regarding alcohol consumption offenses when seeking emergency aid for another person
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(1) A law enforcement officer may not cite or arrest a person solely because of a person’s violation of a provision under Subsection (2) if the officer came into contact with the person because:
Terms Used In Utah Code 32B-4-423
- Arrest: Taking physical custody of a person by lawful authority.
- intoxication: means that
an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:
(60)(a) an alcoholic product;(60)(b) a controlled substance;(60)(c) a substance having the property of releasing toxic vapors; or(60)(d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102- Minor: means an individual under 21 years old. See Utah Code 32B-1-102
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) the person had requested or acted in concert with another person to request emergency medical assistance for a third party who reasonably appeared to be in need of medical care due to the consumption of alcohol;(1)(b) the officer was responding to the request for emergency medical assistance;(1)(c) the person provided to the officer the person’s name and identifying information as requested by the officer;(1)(d) the person remained at the location where the third party was located until emergency medical response personnel arrived at the location; and(1)(e) the person cooperated with the emergency medical assistance personnel and law enforcement officers at the location.(2) Offenses referred to in Subsection (1) are violations of:(2)(a) Section 32B-4-403 regarding the unlawful sale, offer for sale, or furnishing of alcohol to a minor;(2)(b) Subsection 32B-4-409(1) regarding the unlawful purchase, possession, or consumption of alcohol by a minor; and(2)(c) Subsection 76-9-701(1) regarding intoxication when the offense involves consumption of alcohol.(3) An officer who declines to cite or arrest a person while acting in good faith under Subsection (1) is not civilly liable.