Utah Code 76-5-102.1. Negligently operating a vehicle resulting in injury
Current as of: 2024 | Check for updates
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(1)
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 |
Terms Used In Utah Code 76-5-102.1
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- 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.
- Possess: means to have physical possession of or to exercise dominion or control over tangible property. See Utah Code 76-1-101.5
- 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. See Utah Code 76-1-101.5
(1)(a) As used in this section:
(1)(a)(i) “Controlled substance” means the same as that term is defined in Section 58-37-2 .
(1)(a)(ii) “Drug” means the same as that term is defined in Section 76-5-207 .
(1)(a)(iii) “Negligent” or “negligence” means the same as that term is defined in Section 76-5-207 .
(1)(a)(iv) “Vehicle” means the same as that term is defined in Section 41-6a-501 .
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits negligently operating a vehicle resulting in injury if the actor:
(2)(a)
(2)(a)(i) operates a vehicle in a negligent manner causing bodily injury to another; and
(2)(a)(ii)
(2)(a)(ii)(A) has sufficient alcohol in the actor’s body such 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;
(2)(a)(ii)(B) is under the influence of alcohol, a drug, or the combined influence of alcohol and a drug to a degree that renders the actor incapable of safely operating a vehicle; or
(2)(a)(ii)(C) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation; or
(2)(b)
(2)(b)(i) operates a vehicle in a criminally negligent manner causing bodily injury to another; and
(2)(b)(ii) has in the actor’s body any measurable amount of a controlled substance.
(3) Except as provided in Subsection (4), a violation of Subsection (2) is:
(3)(a)
(3)(a)(i) a class A misdemeanor; or
(3)(a)(ii) a third degree felony if the actor has two or more driving under the influence related convictions under Subsection 41-6a-501 (2)(a), each of which is within 10 years of:
(3)(a)(ii)(A) the current conviction; or
(3)(a)(ii)(B) the commission of the offense upon which the current conviction is based;
(3)(a)(iii) a third degree felony, if the current conviction is at any time after the conviction of:
(3)(a)(iii)(A) a conviction, as the term conviction is defined in Subsection 41-6a-501 (2), that is a felony; or
(3)(a)(iii)(B) any conviction described in Subsection (3)(a)(iii)(A) for which judgment of conviction is reduced under Section 76-3-402 ; or
(3)(a)(iv) a third degree felony if the bodily injury is serious bodily injury; and
(3)(b) a separate offense for each victim suffering bodily injury as a result of the actor’s violation of this section, regardless of whether the injuries arise from the same episode of driving.
(4) An actor is not guilty of negligently operating a vehicle resulting in injury under Subsection (2)(b) if:
(4)(a) the controlled substance was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the practitioner’s professional practice, or as otherwise authorized by Title 58, Occupations and Professions;
(4)(b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(4)(c) the actor possessed, in the actor’s body, a controlled substance listed in Section 58-37-4.2 if:
(4)(c)(i) the actor is the subject of medical research conducted by a holder of a valid license to possess controlled substances under Section 58-37-6 ; and
(4)(c)(ii) the substance was administered to the actor by the medical researcher.
(5)
(5)(a) A judge imposing a sentence under this section may consider:
(5)(a)(i) the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1;
(5)(a)(ii) the defendant‘s history;
(5)(a)(iii) the facts of the case;
(5)(a)(iv) aggravating and mitigating factors; or
(5)(a)(v) any other relevant fact.
(5)(b) The judge may not impose a lesser sentence than would be required for a conviction based on the defendant’s history under Section 41-6a-505 .
(5)(c) The standards for chemical breath analysis under Section 41-6a-515 and the provisions for the admissibility of chemical test results under Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.
(5)(d) A calculation of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502 (3).
(5)(e) Except as provided in Subsection (4), the fact that an actor charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.
(5)(f) Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except if prohibited by the Utah Rules of Evidence, the United States Constitution, or the Utah Constitution.
(5)(g) In accordance with Subsection 77-2a-3 (8), a guilty or no contest plea to an offense described in this section may not be held in abeyance.