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Utah

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

Zero tolerance for THC and metabolites

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.16

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis

DUID: Implied Consent Testing Methods

Blood, urine, and oral fluid

DUID Affirmative Defense

Affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

.05 per se law passed

Low BAC

Criminal per se

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving and Underage Drinking Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Court Rule/Order

Top Detected Drug Category by State (2019)

Stimulants

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & Seizure Law

No Refusal Programs

Utilizes No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

41-6a-520 - Learn More
A person operating a motor vehicle in this state is considered to have given the person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while:
(i) having a blood or breath alcohol content statutorily prohibited under Section 41-6a-502, 41-6a-530, or 53-3-231;
(ii) under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6a-502; or
(iii) having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6a-517.

Blood

Yes

Urine

Yes

Oral Fluids

Yes

Other

Yes
Breath

DUI Statutes

Drugs

41-6a-502 - Learn More
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 .05 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 .05 grams or greater at the time of operation or actual physical control.

Combined/Multiple Substance

41-6a-502 - Learn More
(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;

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

41-6a-520 - Learn More
A peace officer requesting a test or tests shall warn a person that refusal to submit to the test or tests may result in revocation of the person's license to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of alcohol in the person's body depending on the person's prior driving history, and a three-year prohibition of driving without an ignition interlock device if the person:
(i) has been placed under arrest;
(ii) has then been requested by a peace officer to submit to any one or more of the chemical tests under Subsection (1); and
(iii) refuses to submit to any chemical test requested.
(b)
(i) Following the warning under Subsection (2)(a), if the person does not immediately request that the chemical test or tests as offered by a peace officer be administered, a peace officer shall, on behalf of the Driver License Division and within 24 hours of the arrest, give notice of the Driver License Division's intention to revoke the person's privilege or license to operate a motor vehicle.
(ii) When a peace officer gives the notice on behalf of the Driver License Division, the peace officer shall supply to the operator, in a manner specified by the Driver License Division, basic information regarding how to obtain a hearing before the Driver License Division.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

 120 days to two years depending on age and offense.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

41-6a-518.2 - Learn More
An offender is required, as a condition of probation, only to operate motor vehicles that are equipped with ignition interlock devices. The person's license will be suspended pending completion of the period with the interlock device.
If the defendant had a BAC of 0.16 or higher, the court shall order the following (or describe on record why the order or orders are not appropriate): Treatment and one or both of the following: ignition interlock system as a condition of probation, and home confinement through the use of electronic monitoring.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

41-6a-517(2) - Learn More
Driving with any measurable amount of marijuana or marijuana metabolite present. Carboxy THC is exempted from this provision. See 41-6a-517(2)(b)]

Cannabis Per Se Statute

41-6a-517(2) - Learn More
Driving with any measurable amount of marijuana or marijuana metabolite present

Threshold

0

Nanogram Limit

0

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

41-6a-505 - Learn More
76-3-203.3 - Learn More
First offense is a Class B misdemeanor: At least 48 consecutive hours in jail, 48 hours of community service, or electronically monitored home confinement. Participation in an educational course. Fine of at least $700. Judge may also impose probation or substance abuse treatment. 21 or older suspension of the operator's driver license for at least 120 days. Under 21 suspension of driver license until person becomes 21 years of age or 120 days whichever is longer.
Second offense within 10 years Class B misdemeanor: No less than 240 consecutive hours in jail or 240 hours of community service or electronically monitored home confinement. Participate in an educational course. Fine of no less than $800 and the court may also impose probation or substance abuse treatment. 21 or older suspension of the operator's driver license for a period of 2 years. Under 21 suspension of driver license until person becomes 21 years of age or 2 years whichever is longer.
Third or subsequent offense within 10 years third degree felony: Up to 5 years in prison and fine of $1,500-$2,500.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

41-6a-502 - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense is a Class B misdemeanor: At least 48 consecutive hours in jail, 48 hours of community service, or electronically monitored home confinement. Participation in an educational course. Fine of at least $700. Judge may also impose probation or substance abuse treatment. 21 or older suspension of the operator's driver license for at least 120 days. Under 21 suspension of driver license until person becomes 21 years of age or 120 days whichever is longer.
Second offense within 10 years Class B misdemeanor: No less than 240 consecutive hours in jail or 240 hours of community service or electronically monitored home confinement. Participate in an educational course. Fine of no less than $800 and the court may also impose probation or substance abuse treatment. 21 or older suspension of the operator's driver license for a period of 2 years. Under 21 suspension of driver license until person becomes 21 years of age or 2 years whichever is longer.
Third or subsequent offense within 10 years third degree felony: Up to 5 years in prison and fine of $1,500-$2,500.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

41-6a-503 - Learn More
If offender is with a passenger under 16 in the vehicle at the time of the offense. If offender was 21 or older and had a passenger under 18 in the vehicle at the time of the offense.

Statutes with THC Listed as Delta 8, 9, 10, or 11

58-37-4. - Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

We have a statewide e-Warrant system that works VERY well!

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

Oral fluids are allowed in implied consent law, but not used. Do not have a mechanism in place for oral fluid collection, and the toxicology lab does not currently test oral fluids.

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None
Utah is a medical CBD-only state.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

None apply.

Other

None apply.

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

Utah has a social host statute that applies only to minors but is also alcohol specific.

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

The sale of any amount is a second degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Other

No Data Available