DUI/DWI Recent Legal Changes in Utah

What recent changes have been made to our state’s DUI/DWI laws in Utah?

1. All first-time offenders will receive a minimum 180-day suspension of their driving privileges.
2. Repeat offenders who have had two or more DUI/DWI convictions within the last ten years will receive a minimum two-year suspension of their driving privileges.
3. All DUI/DWI offenders will be required to have an ignition interlock device (IID) installed on their vehicle for a minimum of two years.
4. The law requires that law enforcement test drivers for drugs as well as alcohol when investigating a possible DUI/DWI offense.
5. The legal blood alcohol content limit for drivers 21 and over has been reduced from .08% to .05%.

Have there been updates to the legal BAC (Blood Alcohol Content) limit in Utah?

Yes, the legal BAC limit in Utah was recently reduced from .08 to .05. The new limit went into effect on December 30, 2018.

How have penalties for first-time DUI offenders changed in recent years in Utah?

In recent years, Utah has implemented stricter penalties for first-time DUI offenders. The legal blood alcohol limit has been lowered to .05, and those caught with a BAC of .15 or higher face harsher penalties. Penalties for first-time DUI offenders now include a minimum of 48 hours in jail, fines of up to $1,420, mandatory substance abuse evaluation and a six-month driver’s license suspension. Installation of an ignition interlock device may also be required.

Are there new ignition interlock device (IID) requirements or policies in Utah?

Yes. As of July 1, 2020, a new law has been passed in Utah that requires individuals convicted of driving under the influence (DUI) to have an ignition interlock device (IID) installed in their vehicle. This law applies to all drivers who have been convicted of a DUI offense, regardless of whether the offense was committed in Utah or another state. The court will determine the length of time that the IID is required and may require installation of an IID for a period up to 5 years. After installation, the driver must pay a monthly fee for monitoring and calibration of the device as well as any related costs.

Have there been changes to the process of DUI checkpoints and stops in Utah?

Yes, there have been changes to the process of DUI checkpoints and stops in Utah. In 2019, Utah passed a law that required police officers to obtain a signed consent form before they could proceed with a breathalyzer test. The law also requires officers to explain the consequences of failing the breath test and to inform the driver of their right to refuse the test. Additionally, the law limited the number of DUI checkpoints that can be conducted each month, and it requires that any DUI checkpoints must be publicized in advance.

What impact have recent legal changes had on DUI/DWI sentencing in Utah?

Recent legal changes have had a significant impact on DUI/DWI sentencing in Utah. The state has implemented a tiered approach to DUI/DWI sentencing, which includes both jail time and fines for first-time, second-time, and third-time offenders. Additionally, the penalties for DUIs resulting in death have been increased to include up to 15 years in prison and fines of up to $10,000. The state also requires offenders to participate in an alcohol assessment and treatment program as a condition of their sentence.

Are there new diversion or treatment programs for DUI offenders in Utah?

Yes, there are a variety of DUI diversion and treatment programs available for DUI offenders in Utah. Programs may include court-mandated alcohol and/or drug treatment programs, as well as community-based programs such as DUI school, counseling, or support groups.

Has the process for DUI/DWI testing or blood draws been modified in Utah?

Yes, due to the COVID-19 pandemic, Utah law enforcement has made changes to the process for DUI/DWI testing. These changes include having an officer remain at least 6 feet away from an individual, wearing gloves and a face mask when administering a breath test, and using a single-use straw when collecting a blood draw sample. Additionally, officers must follow all CDC guidelines regarding sanitizing any equipment used in DUI/DWI tests.

Have recent changes affected the availability of plea bargains in DUI cases in Utah?

No, recent changes have not affected the availability of plea bargains in DUI cases in Utah. Plea bargains are still available in DUI cases in Utah, though the details of plea bargains are often subject to negotiation between the prosecutor and the defendant’s attorney.

Are there specific changes in DUI laws for underage drivers in Utah?

Yes, there are specific changes in DUI laws for underage drivers in Utah. Underage drivers in Utah are subject to the state’s “zero tolerance” DUI law, which makes it illegal for drivers under the age of 21 to have any measurable amount of alcohol in their system while operating a vehicle. Any underage driver with a blood alcohol concentration (BAC) of 0.02 or higher will be considered legally intoxicated and will be subject to arrest, license suspension, and other legal penalties. Additionally, underage drivers may also be subject to the state’s “open container” laws, which prohibit the possession of any open containers of alcohol in a motor vehicle.

Have there been updates to DUI laws regarding marijuana or other drugs in Utah?

Yes, in March 2021, Utah updated its DUI laws to include penalties for driving under the influence of marijuana or other drugs. Under the new law, a driver who is found to have five nanograms or more of delta-9 tetrahydrocannabinol (THC) in their blood within two hours of driving can be charged with DUI. The consequences for this offense include a license suspension, fines, and possible jail time.

What changes have been made to DUI penalties for commercial driver’s license (CDL) holders in Utah?

In Utah, CDL holders convicted of a first-offense DUI face a one-year suspension of their commercial driver’s license, up from the previous six-month penalty. If convicted of a second offense, they face a lifetime disqualification of commercial driving privileges, up from the previous three-year disqualification. Additionally, violations that occur while transporting hazardous materials result in a three-year disqualification, up from the previous one-year disqualification. Furthermore, any commercial driver convicted of DUI must also complete a substance abuse evaluation and any related treatment programs.

Are there new reporting requirements for DUI/DWI convictions to other states in Utah?

No, there are no new reporting requirements for DUI/DWI convictions to other states in Utah. However, it is important to remember that all states have different laws and penalties for DUI/DWI convictions, so it is important to check with the appropriate state to determine what the specific requirements are.

How have recent changes impacted the use of body cameras or dashcams during DUI stops in Utah?

Recent changes in Utah have had a significant impact on the use of body cameras and dashcams during DUI stops. In 2020, Utah passed a new law that requires all law enforcement vehicles to be equipped with cameras and for body cameras to be worn by all officers conducting DUI stops. This law was passed in response to a growing number of complaints about officer misconduct, as well as concerns over civil liberties and privacy. The new law also requires officers to record all field sobriety tests and take photographs of the driver’s license and vehicle registration. Additionally, any footage taken must be preserved for at least three years. These regulations are intended to increase transparency and accountability in DUI stops, as well as provide crucial evidence should any dispute arise.

Have there been changes to DUI laws related to accidents causing injury or death in Utah?

Yes, changes have been made to DUI laws related to accidents causing injury or death in Utah. The new laws, which took effect in October 2020, state that if a person is convicted of driving under the influence of drugs or alcohol and causes an accident that results in injury or death, the penalty for the DUI is increased from a third-degree felony to a second-degree felony. Additionally, the new law also requires that a person be held in jail pending a court hearing if they are arrested for driving under the influence and cause an accident that results in injury or death.

Are there new policies or laws regarding DUI expungement or record sealing in Utah?

Yes. In 2019, Utah enacted a new DUI expungement and record sealing law. This law allows individuals with a conviction of driving under the influence (DUI) to expunge the offense from their criminal record and seal the court records associated with the offense up to ten years after the completion of their sentence. This law applies to all DUI offenses and does not require an application or petition to the court.

Have recent legal changes affected DUI insurance rates in Utah?

Yes, recent legal changes have had an effect on DUI insurance rates in Utah. In 2019, the Utah Legislature passed a new law that increased penalties for DUI offenses, including an increase in fines and jail time. This has caused insurance companies to raise their rates for high-risk drivers, including those who have been convicted of DUI offenses.

What changes have been made to DUI/DWI court processes and procedures in Utah?

Recent changes to DUI/DWI courts in Utah include:

1. An expansion of the program to include new criteria for eligibility, allowing for more individuals to take part in the program.

2. A greater emphasis on individualized treatment plans for participants, tailored to their specific needs.

3. The implementation of a “three strikes” policy, where an individual will be required to successfully complete DUI/DWI court before being able to enter a state-run program.

4. The creation of a database to track DUI/DWI-related offenses and court outcomes, allowing for better data collection and analysis.

5. A requirement that participants meet with a substance abuse counselor at least once per month while in the program.

6. The implementation of a graduated sanctions system, where participants can potentially receive lesser punishments depending on their progress in the program.

Are there additional resources or diversion programs for individuals with substance abuse issues in Utah?

Yes, there are additional resources and diversion programs for individuals with substance abuse issues in Utah. These resources include group therapy, individual therapy, addiction education classes, residential treatment programs, support groups, and other community resources. Additionally, there are several diversion programs available in Utah, such as the Drug Offender Reform Act (DORA), the DUI Court Program, and the Substance Abuse and Mental Health Services Administration (SAMHSA).

What is the process for staying informed about ongoing and future changes in DUI/DWI laws in Utah?

1. Find your local representatives and contact them to ask about proposed and impending changes to DUI/DWI laws in Utah.

2. Follow the Utah Legislature’s website for updates on bills and proposed laws related to DUI/DWI.

3. Subscribe to the mailing list of the Utah Governor’s Office of Highway Safety to be notified of changes in DUI/DWI laws and regulations.

4. Stay informed with local news sources, such as newspapers, radio stations, and online outlets, for updates about DUI/DWI laws in Utah.

5. Attend public meetings at the state or local level to stay up-to-date on legislative proposals concerning DUI/DWI laws in Utah.

6. Check websites of the Utah Department of Public Safety, the Utah Highway Patrol, and other relevant law enforcement agencies for information about new regulations and legislative proposals concerning DUI/DWI laws in Utah.