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Utah DUI Statutes
NOTE: This site is here as a resource for DUI and DWI research. It is not meant to serve as, or replace, DUI and DWI Lawyers. If you are researching DUI's because you have been charged with a DUI or DWI - you should speak to a DUI Lawyer. The DUI or DWI laws in most states carry mandatory jail sentences and driver's license suspension. Only a DUI Attorney with the necessary experience can evaluate your case fully. A qualified DUI Lawyer or DWI Lawyer can tell you what legal defenses you may have available in your DUI or DWI case. The DUI Lawyer will also be able to tell you if your state has alternative resolution programs available for DUI - this is a program where you may take classes, do community service etc. and the charges are expunged.
Below are excerpts from the Utah DUI Statutes
41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(2) 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.
(3) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
Renumbered and Amended by Chapter 2, 2005 General Session
Amended by Chapter 91, 2005 General Session
41-6a-503. Penalties for driving under the influence violations.
(1) A person convicted the first or second time of a violation of Section 41-6a-502 is guilty of a:
(a) class B misdemeanor; or
(b) class A misdemeanor if the person:
(i) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
(ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
(iii) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense.
(2) A person convicted of a violation of Section 41-6a-502 is guilty of a third degree felony if:
(a) the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
(b) the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within ten years of:
(i) the current conviction under Section 41-6a-502; or
(ii) the commission of the offense upon which the current conviction is based; or
(c) the conviction under Section 41-6a-502 is at any time after a conviction of:
(i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
(ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
(iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction is reduced under Section 76-3-402.
Amended by Chapter 261, 2007 General Session
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