Utah DUI LAWS

I wanted to post some of Utah’s DUI Laws as a reference for the Reader. Give Arnold & Wadsworth a call for a free consultation at (801) 475-0123.

ARNOLD & WADSWORTH WEBSITE

   41-6a-502.   Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration — Reporting of convictions.
(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.
(4) Beginning on July 1, 2012, a court shall, monthly, send to the Division of Occupational and Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving under the influence, in whole or in part, of a prescribed controlled substance.

 

CASE LAW INVOLVING DUI LAW:

Purpose of observation period, requiring officer to observe suspect for 15 minutes immediately preceding alcohol breath test, is satisfied if: (1) suspect was in officer’s presence for entire period; (2) it is clear that suspect had no opportunity to ingest or regurgitate anything during minimum observation period; and (3) nothing impeded officer’s powers of observations during observation period.  State v. Vialpando, 2004, 89 P.3d 209, 496 Utah Adv. Rep. 34, 2004 UT App 95.Automobiles

While requirement that officer observe suspect for 15 minutes immediately preceding alcohol breath test serves to ensure that suspect places no food, drink, or smoke into his mouth during observation period, its most important function is to ensure that any alcohol in a suspect’s mouth is absorbed into system before test is administered.  State v. Vialpando, 2004, 89 P.3d 209, 496 Utah Adv. Rep. 34, 2004 UT App 95.Automobiles

Requirement that officer observe suspect for 15 minutes immediately preceding alcohol breath test does not require undivided attention of observing officer; instead, level of surveillance must be such as could reasonably be expected to ensure that no alcohol has been introduced into the suspect’s mouth, from outside or by belching or regurgitation, during entire observation period.  State v. Vialpando, 2004, 89 P.3d 209, 496 Utah Adv. Rep. 34, 2004 UT App 95.Automobiles

 

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