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					                                 The National Hardcore Drunk Driver Project


                                            UTAH STATE PROFILE




     KEY HARDCORE DRUNK DRIVING LEGISLATION:

     	   •	 Administrative	License	Revocation	–	Yes
     	   •	 High	BAC	Law	(0.15	BAC	or	greater)	–	No
     	   	 	    -	 Hardcore	drunk	drivers	can	be	defined	as	those	who	drive	with	a	high	blood	alcohol	concentration	
     	   	 	    	 of	.16	or	above
     	   •	 Enhanced	Penalties	for	Repeat	Offenders	–	Yes
     	   •	 10	Year	Look	Back	Period	for	Repeat	Offenders	–	Yes
     	   •	 More	severe	penalties	for	BAC	test	refusal	than	for	test	failure	–	Yes
     	   •	 DWI	Courts	–	No;	Adult	(Hybrid	DWI/Drug)	6;	Designated	DWI	6
     	   •	 Vehicles	sanctions	–	Yes

     UNDERAGE VIOLATIONS:

     	   •	 Graduated	licensing	–	Yes
     	   	 	    -	 No	special	cell	phone	restrictions
     	   •	 Zero	Tolerance	(i.e.,	.02	BAC	or	greater)	–	Yes	-	BAC	limit:	0.00%	
     	   •	 Furnishing	–	Yes	
     	   	 	    -	 specified	religious,	educational,	or	medical	purposes	are	exceptions

     IGNITION INTERLOCK LAW REQUIREMENTS:

     	   •	 Yes	–	Permissible	for	1st	conviction	if	granted	probation.	Required	for	high	BAC	or	subs	conviction




www.centur ycouncil.org                     N AT I O N A L H A R D C O R E D R U N K D R I V E R P R O J E C T   THE CENTURY COUNCIL   1
                                                                                                            UTAH STATE PROFILE

     DEFINITIONS:	Hardcore	drunk	drivers	can	be	defined	as	those	who	drive	with	a	high	blood	alcohol	concentration	of	.16	or	above,	
     who	do	so	repeatedly,	as	demonstrated	by	having	more	than	one	drunk	driving	arrest,	and	who	are	highly	resistant	to	changing	their	
     behavior	despite	previous	sanctions,	treatment	or	education.



     Terms used in Utah that could identify hardcore drunk drivers are:
         •	 Repeat	offender	— 2nd and subsequent offenses within 10 years.
         •	 Felony	DUI	— 3rd and subsequent offenses.


     DWI RECORDKEEPING & REPORTING: Driving records are a primary means of tracking the problem of
     hardcore drunk drivers.

     The following are key aspects of Utah’s records:
     	   •	 New	licensees	are	reviewed	for	prior	DUI	offenses	in	their	previous	states	prior	to	license	issuance.
     	   •	 DUI	convictions	from	other	states	are	considered	prior	offenses	in	Utah.
     	   •	 Utah	utilizes	a	statewide	DUI	reporting	system.
     	   •	 Offenders	are	tracked	through	arrest,	conviction,	sanction	imposed,	fine	amount	paid,	completion	of	sanction	and	appeal	
     	   	   of	case.
     	   •	 There	are	approximately	1.3	million	licensed	drivers	in	Utah.
     	   •	 The	average	BAC	level	of	arrested	offenders	is	.14,	and	the	average	BAC	level	of	convicted	offenders	is	.14.
     	   •	 In	2007,	there	were	15,070	DUI	arrests.	Average	BAC	of	those	arrested	was	.14%.	There	were	1,821	drivers	who	refused	to	
     	   	   take	a	BAC	test.	


     SWIFT IDENTIFICATION: The quick detection, identification, and assessment of those who repeatedly drive drunk
     are essential to keeping the hardcore drunk driver off the road.

     In Utah:
     	   •	 Enforcement	techniques	used	to	detect	and	apprehend	drunk	drivers	include:	sobriety	checkpoints,	saturation/high	visibility	
     	   	   enforcement	patrols,	publicized	enforcement	campaigns,	standardized	field	sobriety	testing,	preliminary	breath	tests,	mobile	
     	   	   videotaping,	and	two	BAT	Mobiles.
     	   •	 BAC	test	refusal	carries	an	administrative	penalty	with	license	revocation	periods	of	18	months,	or	24	months	if	the	driver	
     	   	   has	had	a	previous	refusal,	administrative	per	se	action	or	DUI	offense	conviction	that	occurred	after	July	1,	1993.	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	ten-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);



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                                                                                                            UTAH STATE PROFILE

     	   	   					(iii)	 refuses	to	submit	to	any	chemical	test	requested.	Following	the	warning,	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.	
     	   •	 When	a	person	refuses	to	submit	to	a	chemical	test,	that	fact	is	admissible	as	evidence	in	court.
     	   •	 Hardcore	drunk	drivers	are	identified	at	sentencing.
     	   •	 Diversion	programs	are	not	used.
     	   •	 The	plea	in	abeyance	is	no	longer	a	legal	plea	as	of	July	1,	2008.	As	of	July	1,	2008	an	alcohol	or	drug	related	reckless	
     	   	   driving	plea	is	now	called	“impaired	driving”.	Impaired	driving	is	only	a	way	to	record	a	DUI	conviction	subject	to	a	plea	
     	   	   negation	with	the	agreement	of	the	prosecutor.	It	does	not	have	separate	elements,	and	one	cannot	be	charged	with	
     	   	   “impaired	driving”.	Impaired	driving	applies	only	to	violations	committed	on	or	after	July	1,	2008.	Impaired	driving	is	a	class	
     	   	   B	misdemeanor	and	carries	none	of	the	mandatory	sentencing	provisions	of	DUI.	In	order	to	act	as	a	proper	incentive	for	
     	   	   fulfilling	probation	requirements,	the	impaired	driving	conviction	is	to	entered	at	the	time	of	the	plea	and	then	if	there	is	a	
     	   	   failure	to	successfully	complete	probation	the	court	files	an	amended	conviction	to	DUI.	Doing	it	the	other	way	around	would	
     	   	   produce	a	DUI	on	the	driving	record	which	would	still	be	seen.	The	next	issue	is	the	definition	of	“drug”	or	“drugs”	for	
     	   	   purposes	of	DUI	and	automobile	homicide.	

     The definition for both includes:
         1.	 Controlled	substances	and	
     	   2.	 Drugs	as	defined	in	58-17B-102	or
     	   3.	 “Any	substance,	that	when	knowingly,	intentionally,	or	recklessly	taken	into	the	human	body,	can	impair	the	ability	of	a	
     	   	   person	to	safely	operate	a	motor	vehicle.”
     	   •	 Alcohol	assessment	is	conducted	pre-trial	or	post-trial	but	pre-sentencing.	See Effective Treatment section.


     CERTAIN PUNISHMENT: The application of swift and certain penalties that restrict the offender from driving,
     punish the offense and rehabilitate the offender must be imposed consistently to change hardcore behavior.

     The following sanctions may be ordered by the court or by the licensing authority:
     	   •	 Licensing	actions:
     	   	   	   -	 Suspension/Revocation	—	Utah	has	both	pre-conviction	administrative	and	post-conviction	court-ordered	licensing	
     	   	   	   	   actions.	Pre-conviction	mandatory	minimum	suspension	periods	are	90	days	for	a	1st	offense	and	1	year	for	2nd	or	
     	   	   	   	   subsequent	offenses.	Post-conviction	mandatory	minimum	suspension	periods	are	90	days	for	a	1st	offense,	and	
     	   	   	   	   revocation	periods	are	1	year	for	2nd	and	subsequent	offenses	within	10	years.	The	license	reinstatement	fee	
     	   	   	   	   is	$150.
     	   	   	   -	 Alcohol	Restricted	Driver	—	A	person	who	has	been	convicted	of	any	drunk	driving	offense	or	who	has	refused	to	
     	   	   	   	   submit	to	a	chemical	test	under	the	implied	consent	law	can	only	have	a	driver’s	license	reinstated	with	a	“no	
     	   	   	   	   alcohol	condition.”	This	means	the	offender	cannot	drive	with	any	amount	of	alcohol	in	the	body	for	5	years	after	
     	   	   	   	   the	1st	offense.



www.centur ycouncil.org                          N AT I O N A L H A R D C O R E D R U N K D R I V E R P R O J E C T       THE CENTURY COUNCIL   3
                                                                                                           UTAH STATE PROFILE

     	   •	 Vehicle	actions:
     	   	   	   -	 Ignition	interlock	—	At	the	discretion	of	the	court	on	a	1st	offense	and	mandatory	on	a	2nd	offense	and	any	person	
     	   	   	   	   who	is	under	the	age	of	21	at	the	time	of	offense,	installed	on	all	vehicles	operated	by	the	offender	or	registered	in	
     	   	   	   	   the	offender’s	name	for	3	years	from	the	date	of	offense.

     In the state of Utah, the following sanctions may only be ordered by the court:
     	   •	 Fines	—	Mandatory	minimums:
     	   	   	   -	 1st	offense	=	$700.
     	   	   	   -	 2nd	offense	within	10	years	=	$800.
     	   	   	   -	 3rd	or	subsequent	offenses	within	10	years	=	$1,500.
     	   •	 Incarceration	—	Mandatory	minimums:
     	   	   	   -	 1st	offense	=	48	consecutive	hours.
     	   	   	   -	 2nd	offense	within	10	years	=	240	consecutive	hours.
     	   	   	   -	 3rd	or	subsequent	offenses	within	10	years	=	1,500	hours.
     	   •	 Community	service	—
     	   	   	   -	 1st	offense	=	48	hours,	may	be	served	in	lieu	of	imprisonment
     	   	   	   -	 2nd	offense	=	240	hours;	may	be	served	in	lieu	of	imprisonment.
     	   	   	   -	 3rd	offense	=	0-5	prison	term	OR	1,500	hours	jail,	may	also	require	electronic	home	confinement
     	   •	 Home	confinement	with	electronic	monitoring	and	in-home	BAC	testing	—	Allowed	by	statute	(in	lieu	of	jail	time	or	
     	   	   community	service	at	judges’	discretion).	
     	   •	 High	BAC	(.16	or	higher):
     	   	   	   -	 1st	offense	=	Shall	order	supervised	probation,	Shall	order	treatment	and	interlock	and/or	home	confinement	or	
     	   	   	   	   describe	on	the	record	why	such	order(s)	not	appropriate
     	   	   	   -	 2nd	offense	=	Shall	order	supervised	probation,	shall	order	treatment	and	interlock	and/or	home	confinement	or	
     	   	   	   	   describe	on	the	record	why	such	order(s)	not	appropriate
     	   	   	   -	 3rd	offense	=	Shall	order	supervised	probation,	if	0-5	prison	term	is	not	imposed	shall	order	treatment	and	interlock	
     	   	   	   	   and/or	home	confinement	or	describe	on	the	record	why	such	order(s)	not	appropriate	
     	   •	 DUI	Impound	Fee:	The	impound	fee	for	DUI	was	raised	from	$230.00	to	$330.00.	The	extra	$100.00	per	impound	will	be	
     	   	   used	for	additional	Utah	Highway	Patrol	DUI	Squad	troopers	and	Liquor	Enforcement	agents	to	deal	with	the	problem	DUI	
     	   	   areas	and	problem	bars.	
     	   •	 Driving	while	suspended	—	The	penalties	for	driving	on	a	suspended	license	as	a	result	of	a	DUI	conviction	include	an	
     	   	   imprisonment	term	of	not	more	than	6	months	with	no	mandatory	minimums	and	a	fine	of	$750–$1,000.	If	driving	on	a	
     	   	   suspended	license,	the	offender’s	license	must	be	suspended	for	an	additional	like	period;	if	driving	on	a	revoked	license	
     	   	   the	offender’s	license	must	be	revoked	for	an	additional	like	period.
     	   	   	   -	 1st	offense	=	Court	MAY	order	additional	90	days,	180	days,	1	year	or	2	years
     	   	   	   -	 2nd	offense	=	Court	MAY	order	additional	90	days,	180	days,	1	year	or	2	years
     	   	   	   -	 3rd	offense	=	Court	MAY	order	additional	90	days,	180	days,	1	year	or	2	years



www.centur ycouncil.org                         N AT I O N A L H A R D C O R E D R U N K D R I V E R P R O J E C T       THE CENTURY COUNCIL   4
                                                                                                             UTAH STATE PROFILE

     In Utah, previous arrest and conviction records are available at the time of sentencing.

     EFFECTIVE TREATMENT: Treatment and rehabilitation programs that change hardcore drunk driver behavior and
     lifestyles play an important role in reducing recidivism.

     In Utah:
     	   •	 Following	conviction,	all	offenders	receive	a	mandatory	alcohol	assessment/evaluation	to	determine	the	nature	and	extent	
     	   	   of	their	alcohol	problems.	The	offender	pays	a	surcharge	for	the	assessment.
     	   •	 The	assessment	is	conducted	pre-trial	or	post-trial	but	pre-sentencing.	The	court	takes	the	results	of	the	assessment	into	
     	   	   consideration	in	final	sentencing.
     	   •	 Assessments	are	conducted	by	a	court-employed	specialist	or	by	a	private	agency	at	the	direction	of	the	court.
     	   •	 Treatment	for	repeat	offenders	is	mandatory	on	a	3rd	offense.	All	offenders	are	required	to	attend	alcohol	education	or	
     	   	   treatment	as	recommended	by	the	assessment.
     	   •	 Offenders	failing	to	comply	with	the	terms	of	their	program	are	not	eligible	for	license	reinstatement	and	may	be	returned	
     	   	   to	the	court	for	further	action.
     	   •	 Utah	does	not	have	dedicated	detention	and	treatment	facilities	that	target	the	hardcore	drunk	driver.
     	   •	 Treatment	—	
     	   	   	    -	 1st	offense	=	Screening,	assessment	(if	found	appropriate	by	the	screening),	Educational	Series,	unless	treatment	
     	   	   	    	   is	ordered,	MAY	order	treatment
     	   	   	    -	 2nd	offense	=	Screening,	assessment,	(if	found	appropriate	by	the	screening),	Educational	Series,	unless	treatment	
     	   	   	    	   is	ordered,	MAY	order	treatment	
     	   	   	    -	 3rd	offense	=	Screening,	assessment,	Intensive	treatment	or	inpatient	treatment	and	aftercare	for	not	less	than	
     	   	   	    	   240	hours.	The	cost	varies	and	the	offender	must	pay.
     	   •	 Other	special	assessments/surcharges	—	Victim’s	restitution	fund.


     INNOVATIVE TACTICS:

     Multi-Agency Task Force:	The	Utah	Highway	Safety	Office	supports	a	multi-agency	task	force	comprised	of	law	enforce-
     ment,	and	representatives	from	private	(MADD)	agencies	that	targets	specific	areas	of	the	community	for	seat	belt,	car	seat,	DUI	and	
     youth	alcohol	enforcement	activities.

     DUI Enforcement Trailer:	The	Utah	Highway	Safety	Office	provides	a	trailer	to	law	enforcement	throughout	the	state	to	utilize	
     for	DUI	Checkpoints.	The	trailer	is	equipped	with	signage,	cones,	a	generator,	lights,	tables,	chairs,	and	other	equipment	necessary	to	
     conduct	a	sobriety	checkpoint.	There	is	no	cost	to	the	law	enforcement	agency	for	the	use	of	the	trailer.




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