Utah Code 41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration — Penalities — Reporting of convictions
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(1) An actor commits driving under the influence if the actor operates or is in actual physical control of a vehicle within this state if the actor:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 41-6a-502
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any conviction arising from a separate episode of driving for a violation of:(2)(a)(i) driving under the influence under Section
41-6a-502 ;(2)(a)(ii)(2)(a)(ii)(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections41-6a-512 and41-6a-528 ; or(2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under SectionUtah Code 41-6a-501 - 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.
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
- 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(1)(a) has sufficient alcohol in the actor’s body that a subsequent chemical test shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;(1)(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the actor incapable of safely operating a vehicle; or(1)(c) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.(2)(2)(a) A violation of Subsection (1) is a class B misdemeanor.(2)(b) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A misdemeanor if the actor:(2)(b)(i) has a passenger younger than 16 years old in the vehicle at the time of the offense;(2)(b)(ii) is 21 years old or older and has a passenger younger than 18 years old in the vehicle at the time of the offense;(2)(b)(iii) at the time of the offense, also violated:(2)(b)(iii)(A) Section41-6a-712 or41-6a-714 ; or(2)(b)(iii)(B) Section41-6a-709 , if the violation occurs on a one-way highway, other than a roundabout, that has more than one lane of traffic; or(2)(b)(iv) has one prior conviction within 10 years of:(2)(b)(iv)(A) the current conviction under Subsection (1); or(2)(b)(iv)(B) the commission of the offense upon which the current conviction is based.(2)(c) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree felony if:(2)(c)(i) the actor has two or more prior convictions each of which is within 10 years of:(2)(c)(i)(A) the current conviction; or(2)(c)(i)(B) the commission of the offense upon which the current conviction is based; or(2)(c)(ii) the current conviction is at any time after:(2)(c)(ii)(A) a felony conviction; or(2)(c)(ii)(B) any conviction described in Subsection (2)(c)(ii)(A) for which judgment of conviction is reduced under Section76-3-402 .(3) 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.(4) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section41-6a-510 .(5) A court shall, monthly, send to the Division of Professional Licensing, created in Section58-1-103 , a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving under the influence, in whole or in part, of a prescribed controlled substance.(6) An offense described in this section is a strict liability offense.(7) A guilty or no contest plea to an offense described in this section may not be held in abeyance.(8) An actor is guilty of a separate offense under Subsection (1) for each passenger in the vehicle that is younger than 16 years old at the time of the offense.