Matthew C. Brimley

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Utah DUI Laws

UTAH DUI LAW AND STATUTES

Utah Code 41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.

(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 his 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) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating this section.
(c) 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) A person convicted the first or second time of a violation of Subsection (2) is guilty of a: (i) class B misdemeanor; or (ii) class A misdemeanor if the person: (A) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner; (B) had a passenger under 16 years of age in the vehicle at the time of the offense; or (C) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense. (b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony if the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner.