Third offense
Zero tolerance for some drugs
Zero tolerance for THC and metabolites
Enhanced penalties
0.16
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
No Habitual Offender Law
51-100 DREs
1-5 DUI Courts
1-5 Hybrid Courts
No cannabis open container law
Medical Cannabis
Blood, urine, and oral fluid
Affirmative defense
No Data Available
Authorized to use e-warrants
No Data Available
.05 per se law passed
Criminal per se
active
Mandatory all offender
Court Rule/Order
Stimulants
Judicial license suspension/revocation
Distinctive License & Seizure Law
Utilizes No Refusal program
Oral fluid testing authorized
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.
Yes
Yes
Yes
Yes
Breath
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.
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;
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.
Yes
Yes
Yes
120 days to two years depending on age and offense.
Yes
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.
No Data Available
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)]
41-6a-517(2) - Learn More
Driving with any measurable amount of marijuana or marijuana metabolite present
0
0
No Data Available
No Data Available
No Data Available
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.
Yes
41-6a-502 - Learn More
Yes
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.
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.
58-37-4. - Learn More
Tetrahydrocannabinols are referenced here.
We have a statewide e-Warrant system that works VERY well!
No Data Available
No Data Available
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.
No Data Available
No Data Available
No Data Available
None
Utah is a medical CBD-only state.
Illegal
Illegal
Illegal
Illegal
None apply.
None apply.
No Data Available
Utah has a social host statute that applies only to minors but is also alcohol specific.
No Data Available
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.
No Data Available