Utah has the harshest anti-drunk driving laws in the U.S.:
Utah DUI Laws – statute(s)
- C.A. § 41-6a-502.
Utah DUI Laws– standard
- “A person may not operate or be in actual physical control of a vehicle within this state if the person: . . . is under the influence of . . ., any drug, . . . to a degree that renders the person incapable of safely operating a vehicle.” U.C.A. § 41-6a-502(1)(b).
Utah DUI Laws – applicable substances
- Any drug.
Utah DUI Laws – affirmative defense
- “The fact that a person charged with violating Section 41-6a- 502 is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating Section 41-6a-502.” U.C.A. § 41-6a-504.
Utah Per se – statute(s)
- C.A. § 41-6a-517.
Utah Per se – standard
- “In cases not amounting to a violation of Section 41-6a-502, 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.” U.C.A. § 41-6a-517(2). Per se – applicable substances Controlled substance or metabolite of a controlled substance.
Utah Per se – affirmative defense
- There is an affirmative defense if the controlled substance was:
- (1) involuntarily ingested;
- (2) prescribed by a practitioner for use by the driver; or
- (3) “otherwise legally ingested.” U.C.A. § 41-6a-517(3).
Utah Implied consent – applicable drivers
- A person operating a motor vehicle in Utah. U.C.A. § 41-6a-520(1)(a).
Utah Implied consent – tests authorized
- Chemical test or tests of the person’s breath, blood, urine, or oral fluids. U.C.A. § 41-6a-520(1)(a).
Utah Implied consent – basis for test
- LEO must have “grounds to believe” that a person has been operating a motor vehicle in violation of drugged driving laws, and in order for penalties for refusal to be applicable, the driver must have been placed under arrest. U.C.A. § 41-6a-520(2)(a).
Utah Implied consent – evidence of refusal
- If a person under arrest refuses to submit to a chemical test, the evidence of the refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while driving in violation of drugged driving laws. U.C.A. § 41-6a-524.
Source: The National Alliance For Model State Drug Laws
Superseded 12/30/2018*
41-6a-501. Definitions.
(1) As used in this part:
(a) “Assessment” means an in-depth clinical interview with a licensed mental health therapist:
(i) used to determine if a person is in need of:
(A) substance abuse treatment that is obtained at a substance abuse program;
(B) an educational series; or
(C) a combination of Subsections (1)(a)(i)(A) and (B); and
(ii) that is approved by the Division of Substance Abuse and Mental Health in accordance with Section 62A-15-105.
(b) “Driving under the influence court” means a court that is approved as a driving under the influence court by the Utah Judicial Council according to standards established by the Judicial Council.
(c) “Drug” or “drugs” means:
(i) a controlled substance as defined in Section 58-37-2;
(ii) a drug as defined in Section 58-17b-102; or
(iii) any substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle.
(d) “Educational series” means an educational series obtained at a substance abuse program that is approved by the Division of Substance Abuse and Mental Health in accordance with Section 62A-15-105.
(e) “Negligence” means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(f) “Screening” means a preliminary appraisal of a person:
(i) used to determine if the person is in need of:
(A) an assessment; or
(B) an educational series; and
(ii) that is approved by the Division of Substance Abuse and Mental Health in accordance with Section 62A-15-105.
(g) “Serious bodily injury” means bodily injury that creates or causes:
(i) serious permanent disfigurement;
(ii) protracted loss or impairment of the function of any bodily member or organ; or
(iii) a substantial risk of death.
(h) “Substance abuse treatment” means treatment obtained at a substance abuse program that is approved by the Division of Substance Abuse and Mental Health in accordance with Section 62A-15-105.
(i) “Substance abuse treatment program” means a state licensed substance abuse program.
(j)
(i) “Vehicle” or “motor vehicle” means a vehicle or motor vehicle as defined in Section 41-6a-102; and
(ii) “Vehicle” or “motor vehicle” includes:
(A) an off-highway vehicle as defined under Section 41-22-2; and
(B) a motorboat as defined in Section 73-18-2.
(2) As used in Section 41-6a-503:
(a) “Conviction” means any conviction arising from a separate episode of driving for a violation of:
(i) driving under the influence under Section 41-6a-502;
(ii)
(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under:
(I) Section 41-6a-512; and
(II) Section 41-6a-528; or
(B) for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502.5;
(iii) driving with any measurable controlled substance that is taken illegally in the body under Section 41-6a-517;
(iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in compliance with Section 41-6a-510;
(v) automobile homicide under Section 76-5-207;
(vi) Subsection 58-37-8(2)(g);
(vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of conviction is reduced under Section 76-3-402; or
(viii) statutes or ordinances previously in effect in this state or 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 Section 41-6a-502 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.
Source: Utah State Legislature
