(1). Impound Your Car. The police can now impound your car if road rage is suspected without a warrant. See Utah Code 41-1a-1101(3). Effective 07/01/24 Seizure — Circumstances where permitted –Impound lot standards.
(2). Road Rage Defined. “Road Rage” is what the jury says it is, so getting a good attorney can make the difference. Statutorily the road rage enhancement is defined as “the trier of fact finds that an actor was an operator or passenger of a vehicle and the actor committed an offense in response to an incident that occurred or escalated upon a roadway and with the intent to endanger or intimidate an individual in another vehicle, the actor is guilty of . . . . .” A road rage enhancement. See Utah Code 76-3-203.17.
Road rage in the same new legislation is defined as: as “Road rage event” means the commission of a criminal offense:
(i) by an operator of a vehicle;
(ii) in response to an incident that occurs or escalates upon a roadway; and
(iii) with the intent to endanger or intimidate an individual in another vehicle.
See Utah Code 41-1a-1101(3).
(3). Road Rage Enhancement. When tagged with a road rage incident, if the underlying charge was Class B Misdemeanor, then it can be charged as a Class A Misdemeanor. If charged as a Class A Misdemeanor, then it can be charged as a Felony 3.
If a convicted of a Class A Misdemeanor with a road rage enhancement a $750 fine is required and $1,000 for a felony 3. 
Like domestic violence enhancements in Utah, road rage itself is not a crime, but an enhancement placed for enhancement purposes on other crimes. Utah’s domestic violence enhancement does not require the jury to prove beyond a reasonable doubt that DV occurred. Road rage requires a jury finding that road rage occurred for the enhancement to take effect.
(4). Jury Has to Say It. Like many crimes, the prosecutor can tag, or enhance an offense up one grade, but the jury ultimately has to prove the road rage incident beyond a reasonable doubt. Just like guns used in drug crimes, the jury has to find beyond a reasonable doubt that the gun was used in the commission of the drug crime.
(5). Mandatory Driver License Suspension. Utah Code 53-3-220(1)(a)(13) states that two or more offenses that: (A) are committed within a period of one year; and (B) are enhanced under Section 76-3-203.17; and (C) arose from separate incidents will suspend your license. Or a judge may unilaterally suspend your license as part of the criminal sentence per 53-3-220(1)(f) and 76-3-203.17(6)(a) for up to one year.
(6). Mandatory Prison Sentence. If convicted of a Felony 3 and Felony 2, the court must sentence you to not less than 1 year and not more than 5 years, and not less than 2 years and not more than 15 years. The court must impose a prison sentence, but may suspend it in accordance with Utah’s plea in abeyance statute. A PIA is generally used to avoid a conviction, but it can also be used to stay a sentence. Both PIA uses are contemplated here.
(7). Effective Date of New Road Rage Criminal Enhancement. All new amendments and statutes passed by the traditional Utah winter legislature take effect by default in May of the year it was passed, unless otherwise stated by the legislature. Utah’s new road rage statute takes effect 07/01/2024.
76-3-203.17. Effective 07/01/24 Enhancement of an offense for road rage.
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(1) As used in this section:
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(a) “Roadway” means the same as that term is defined in Section 41-1a-1101.
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(b) “Operator” means the same as that term is defined in Section 41-6a-102.
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(c) “Vehicle” means the same as that term is defined in Section 41-1a-102.
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(2) If the trier of fact finds that an actor was an operator or passenger of a vehicle and the
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actor committed an offense in response to an incident that occurred or escalated upon a
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roadway and with the intent to endanger or intimidate an individual in another vehicle,
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the actor is guilty of:
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(a) a class A misdemeanor if the actor is charged with an offense that is designated by
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law as a class B misdemeanor;
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(b) a third degree felony if the actor is charged with an offense that is designated by law
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as a class A misdemeanor;
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(c) a third degree felony if the actor is charged with an offense that is designated by law
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as a third degree felony; or
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(d) a second degree felony if the actor is charged with an offense that is designated by
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law as a second degree felony.
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(3) (a) If an actor is guilty of a class A misdemeanor as described in Subsection (2)(a),
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the court shall impose a mandatory fine of no less than $750 in addition to any other
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penalty the court may impose for a class A misdemeanor.
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(b) If an actor is guilty of a third degree felony as described in Subsection (2)(b), the
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court shall impose a mandatory fine of no less than $1,000 in addition to any other
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penalty the court may impose for a third degree felony.
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(c) If an actor is guilty of a third degree felony as described in Subsection (2)(c), the
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court shall impose:
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(i) a mandatory fine of no less than $1,000; and
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(ii) an indeterminate term of imprisonment for no less than one year and no more
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than five years in addition to any other penalty the court may impose for a third
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degree felony.
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(d) If an actor is guilty of a second degree felony as described in Subsection (2)(d), the
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court shall impose:
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(i) a mandatory fine of no less than $1,000; and
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(ii) an indeterminate term of imprisonment for no less than two years and no more
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than 15 years in addition to any other penalty the court may impose for a second
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degree felony.
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(4) Except as otherwise provided by another provision of the Utah Code, the court may
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suspend the execution of an indeterminate term of imprisonment described in Subsection
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(3)(c)(ii) or (3)(d)(ii) in accordance with Section 77-18-105.
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(5) The prosecuting attorney, or the grand jury if an indictment is returned, shall include
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notice in the information or indictment that the offense is subject to an enhancement
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under this section.
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(6) (a) If an actor is convicted of an offense and the offense is enhanced under this
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section, the court may order the suspension of the actor’s driver license for a period of
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no longer than one year, except that the court may not order a suspension of an actor’s
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driver license if the actor’s driver license is required to be revoked under Subsection
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53-3-220 (1).
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(b) If the court orders the suspension of the actor’s driver license, the court shall:
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(i) specify the length of the suspension in the order as described in Section 53-3-225;
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and
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(ii) forward the order of suspension to the Driver License Division.
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(7) If an offense is enhanced under this section, the court shall forward a record of
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conviction for the offense to the Driver License Division.
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(8) This section does not affect or limit any individual’s constitutional right to lawful
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expression of free speech or other recognized rights secured by the laws or Constitution
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of Utah or by the laws or Constitution of the United States.
