Here are Utah’s Basic Drunk Driving and Impaired Driving statutes so you can read them yourself with a brief narrative. All statutes can be found at https://le.utah.gov.
41-6a-502 (2021). The Classic Alcohol and/or Drugs DUI. Section 502 is used broadly to charge people who are impaired on drugs and alcohols. Prosecutor’s use Section 502 to charge people solely with drunk driving, or a combination of alcohol and illegal or legal prescription drugs (controlled substances).
Section 502 is often charged when the blood alcohol level (“BAC”) is below the Utah state minimum of .05. You automatically lose your license when convicted under Section 502 and you have to do mandatory jail or GPS monitoring.
Class A Misdemeanor DUI. 41-6a-503 (2021). Even if it is your first DUI, it is a Class A Misdemeanor if the following occur:
A. if bodily injury. B. if passenger is under 16. C. if passenger is under 18 and driver is 21 or
older. D. if driving in the wrong direction on a freeway or controlled-access highway.
Felony DUI. 41-6a-503 (2021). Three plus DUI like convictions within 10 years is a felony DUI, or the following conditions:
A. if third or subsequent offense within 10 years. B. if serious bodily injury. C. if any prior felony DUI conviction or automobile homicide conviction.
41-6a-502.5 (2021). Impaired Driving. Often Section 502 DUIs are dropped or pled to Impaired Driving because the person can get the
ir driver’s license back after 60 days if it was suspended by the Utah drivers license division in a Section 502 charge. Impaired Driving doesn’t carry mandatory jail or GPS monitoring.
Impaired Driving Doesn’t Apply To:
(a) Prior DUIs. If you have a prior DUI like conviction you can’t get an Impaired Driving plea offer. DUI like conviction are DUI’s from other states, metabolite, prescription DUI, etc. (b) BAC >.16. Had a blood alcohol level of .16 or higher; (c). BAC > .05. in addition to any measurable controlled substance (lawfully prescribed or street drugs); or (d). Combination of 2+ Illegal Drugs. Had a combination of two or more controlled substances in the person’s body that were not lawfully prescribed by a licensed physician; or medical marijuana.
Driving with Controlled Substance/ Metabolite in Body Conviction (§41-6a-517). Your classic prescription drug impaired driving charge. You can be charged with metabolite for legally or illegally having controlled substances in your body if they impair your ability to drive.
Exception. The metabolite driving statute does not apply to a person that has 11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person’s body.
Refusing a Blood Draw or Court Order. 41-6a-520 (2021) Implied consent to chemical tests for alcohol or drug — Number of tests — Refusal — Warning, report. Refusing blood draw or chemical test is now a felony or misdemeanor in Utah.
Interlock Tampering. 41-6a-518 (2021). Ignition interlock devices — Use — Probationer to pay cost — Impecuniosity – Fee.
41-6a-518.1 (2021). Tampering with an ignition interlock system.
41-6a-518.2 (2021). Interlock restricted driver — Penalties for operation without ignition interlock system.
Bottom Line. Interlock requirements apply to most DUI like convictions. The time period increases as you accumulate more DUI like convictions. Tampering with an interlock device is a misdemeanor.
Not a Drop Driver. Utah Code Ann. 53-3-231 (2021). A person under 21 may not operate a vehicle or motorboat with detectable alcohol in body. Your license will be suspended in the following ways.
If under 21: Until successful completion of substance abuse program recommendation, but not less than 6 months. If under 21: Until successful completion of substance abuse program recommendation, and the longer of 2 years or until 21st birthday.
Alcohol Restricted Drivers. 41-6a-529 (2021). Definitions — Alcohol restricted drivers.
There are time frames after a DUI like conviction where you can’t operate a motor vehicle with any measurable amount of alcohol in your system. Motor vehicle is defined to include operating most boats, ATVs, motorcycles, mopeds, etc.
2 Years. You are an Alcohol Restricted Driver for 2 years after an:
(A) A misdemeanor DUI like conviction under section 41-6a-502; (B) Alcohol, any drug, or a combination of both-related reckless driving under Section 41-6a-512; (C) Impaired driving under Section 41-6a-502.5; (D) Any local DUI like statutes that you were convicted under. (E) Any DUI like conviction that was subsequently reduced under a Rule 402 Motion. (F) A DUI in an other state, federal or territory.
3 Years. You are an Alcohol Restricted Driver for 3 years after an:
(A). Any interlock tampering conviction.
5 Years. You are an Alcohol Restricted Driver for 5 years after an: (A). Your driver’s license was revoked for refusal to submit to a chemical test under Section 41-6a-520. (B). You were convicted of a class A misdemeanor DUI under Section 41-6a-502.
10 Years. You are an Alcohol Restricted Driver for 10 years after an:
(A). You have prior DUI like convictions within 10 years. (B). You have been convicted of a felony violation of refusal to submit to a chemical test under Subsection 41-6a-520(7). (C). You had your driving privilege revoked for refusal to submit to a chemical test and the refusal is within 10 years after a prior refusal conviction.
Lifetime Alcohol Restricted Driver:
(A). You have been convicted of automobile homicide. (B). You have been convicted of a felony DUI under Section 41-6a-502. (C). You were convicted of a DUI as a minor, under 21 years of age; or had a novice learner driver.
