reglab/statecodes huggingface dataset:
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 4 - Accident Responsibilities › Section 405 - Garage keeper to report damaged vehicle without damage sticker.

Effective 5/12/2015
41-6a-405.
Garage keeper to report damaged vehicle without damage sticker.
(1)
(a) The person in charge of any garage or repair shop shall make a report to the nearest law enforcement agency within 24 hours of receiving a vehicle which shows evidence of having been:
(i) involved in an accident for which an accident report may be requested under Section 41-6a-402; or
(ii) struck by any bullet.
(b) The report required under Subsection (1)(a) shall include the:
(i) vehicle identification number;
(ii) registration number; and
(iii) name and address of the owner or operator of the vehicle.
(2) If a damaged vehicle sticker describing the damage is affixed to the vehicle by a peace officer, a report under Subsection (1) is not required.
(3) A violation of Subsection (1) is an infraction.
Amended by Chapter 412, 2015 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 4 - Accident Responsibilities › Section 406 - Statistical information regarding accidents -- Annual publication.

41-6a-406.
Statistical information regarding accidents -- Annual publication.
(1) The department may analyze all accident reports.
(2)
(a) The department shall tabulate and publish statistical information as to the number and circumstances of traffic accidents.
(b) The publication under Subsection (2)(a) shall be at least annually.
Renumbered and Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 4 - Accident Responsibilities › Section 407 - Livestock on highway -- Restrictions -- Collision, action for damages.

Effective 5/12/2015
41-6a-407.
Livestock on highway -- Restrictions -- Collision, action for damages.
(1)
(a) A person who owns or is in possession or control of any livestock may not willfully or negligently permit any of the livestock to stray or remain unaccompanied on a highway, if both sides of the highway are separated from adjoining property by a fence, wall, hedge, sidewalk, curb, lawn, or building.
(b) Subsection (1)(a) does not apply to range stock drifting onto any highway moving to or from their accustomed ranges.
(2)
(a) A person may not drive any livestock upon, over, or across any highway during the period from half an hour after sunset to half an hour before sunrise.
(b) Subsection (2)(a) does not apply if the person has a sufficient number of herders with warning lights on continual duty to open the road to permit the passage of vehicles.
(3) A violation of Subsection (1) or (2) is an infraction.
(4) In any civil action brought for damages caused by collision with any domestic animal or livestock on a highway, there is no presumption that the collision was due to negligence on behalf of the owner or the person in possession of the domestic animal or livestock.
Amended by Chapter 412, 2015 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 4 - Accident Responsibilities › Section 408 - Peace officer investigating accident to notify owner if livestock or broken fence involved -- Exempt from liability.

41-6a-408.
Peace officer investigating accident to notify owner if livestock or broken fence involved -- Exempt from liability.
(1) A peace officer investigating an accident resulting in injury or death of any livestock shall make reasonable efforts as soon as possible to:
(a) locate the owner of the livestock;
(b) inform the owner of the injured or dead animal; and
(c)
(i) make arrangements with the owner of the livestock to deliver, mail, email, fax, or otherwise provide the owner of the livestock a copy of the accident report prepared in accordance with Section 41-6a-404; or
(ii) advise the owner of the livestock where a copy of the accident report prepared in accordance with Section 41-6a-404 may be obtained.
(2) A peace officer investigating an accident resulting in a broken fence, if it appears the fence contains or controls the movement of livestock, shall make reasonable efforts as soon as possible to locate the owner of the property and inform the owner of the broken fence.
(3)
(a) Civil or criminal liability for claims does not arise against any peace officer for failure to locate the owner of the livestock or property.
(b) Subsection (3)(a) does not preclude disciplinary action by the law enforcement agency against a peace officer for failure to perform duties required by this section.
Amended by Chapter 220, 2010 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 4 - Accident Responsibilities › Section 409 - Prohibition of flat response fee for motor vehicle accident.

Effective 5/5/2021
41-6a-409.
Prohibition of flat response fee for motor vehicle accident.
(1) As used in this section, "government entity" means the Department of Transportation, the Utah Highway Patrol Division, or a local government entity or agency.
(2) A government entity:
(a) may not impose a flat fee, or collect a flat fee, from an individual involved in a motor vehicle accident; and
(b) may only charge the individual for the actual cost or a reasonable estimate of the cost of services provided in responding to the motor vehicle accident, limited to:
(i) medical costs for transporting an individual from the scene of a motor vehicle accident or treating a person injured in a motor vehicle accident;
(ii) subject to Subsection (6), the cost for repair or replacement of damaged public property, if the individual is legally liable for the damage;
(iii) the cost of materials used in cleaning up the motor vehicle accident, if the individual is legally liable for the motor vehicle accident; and
(iv) towing costs.
(3) If a government entity imposes a charge on more than one individual for the actual cost or a reasonable estimate of the cost of responding to a motor vehicle accident, the government entity shall apportion the charges so that the government entity does not receive more for responding to the motor vehicle accident than the actual response cost or a reasonable estimate of the cost.
(4) Nothing in this section prohibits a government entity from contracting with an independent contractor to recover costs related to damage to public property.
(5) If a government entity enters into a contract with an independent contractor to recover costs related to damage to public property, the government entity may only pay the independent contractor out of any recovery received from the person who caused the damage or the responsible party.
(6)
(a) The costs of repair or replacement of damaged public property described in Subsection (2)(b)(ii) include the full cost to:
(i) repair the damaged public property; or
(ii) replace the damaged public property with a replacement that is functionally equivalent to the property that was damaged.
(b) Except for the replacement of a damaged motor vehicle, the costs described in Subsection (6)(a) may not be reduced based on the depreciated value of the damaged public property at the time the damage occurs.
Amended by Chapter 239, 2021 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 504 - Defense not available for driving under the influence violation.

41-6a-504.
Defense not available for driving under the influence violation.
The fact that a person charged with violating Section 41-6a-502 is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating Section 41-6a-502.
Enacted by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 506 - Electronic monitoring requirements for certain driving under the influence violations.

41-6a-506.
Electronic monitoring requirements for certain driving under the influence violations.
(1) If the court orders a person to participate in home confinement through the use of electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation monitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
(2) The electronic monitoring device shall be used under conditions which require:
(a) the person to wear an electronic monitoring device at all times;
(b) that a device be placed in the home or other specified location of the person, so that the person's compliance with the court's order may be monitored; and
(c) the person to pay the costs of the electronic monitoring.
(3) The court shall order the appropriate entity described in Subsection (5) to place an electronic monitoring device on the person and install electronic monitoring equipment in the residence of the person or other specified location.
(4) The court may:
(a) require the person's electronic home monitoring device to include a substance abuse testing instrument;
(b) restrict the amount of alcohol the person may consume during the time the person is subject to home confinement;
(c) set specific time and location conditions that allow the person to attend school educational classes, or employment and to travel directly between those activities and the person's home; and
(d) waive all or part of the costs associated with home confinement if the person is determined to be indigent by the court.
(5) The electronic monitoring described in this section may either be administered directly by the appropriate corrections agency, probation monitoring agency, or by contract with a private provider.
(6) The electronic monitoring provider shall cover the costs of waivers by the court under Subsection (4)(d).
Enacted by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 507 - Supervised probation for certain driving under the influence violations.

Effective 5/5/2021
41-6a-507.
Supervised probation for certain driving under the influence violations.
(1) If supervised probation is ordered under Section 41-6a-505 or 41-6a-517:
(a) the court shall specify the period of the probation;
(b) the person shall pay all of the costs of the probation; and
(c) the court may order any other conditions of the probation.
(2)
(a) Subject to Subsection (2)(b), the court shall provide the probation described in this section by contract with a probation monitoring agency or a private probation provider.
(b) If a court determines that a person is subject to supervised probation provided by Adult Probation and Parole for an offense other than the offense for which probation is ordered under Section 41-6a-505 or 41-6a-517, the court may order supervised probation to be provided by Adult Probation and Parole.
(3) The probation provider described in Subsection (2) shall monitor the person's compliance with all conditions of the person's sentence, conditions of probation, and court orders received under this part and shall notify the court of any failure to comply with or complete that sentence or those conditions or orders.
(4)
(a) The court may waive all or part of the costs associated with probation if the person is determined to be indigent by the court.
(b) The probation provider described in Subsection (2) shall cover the costs of waivers by the court under Subsection (4)(a).
Amended by Chapter 342, 2021 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 508 - Arrest without a warrant for a driving under the influence violation.

41-6a-508.
Arrest without a warrant for a driving under the influence violation.
A peace officer may, without a warrant, arrest a person for a violation of Section 41-6a-502 when the peace officer has probable cause to believe the violation has occurred, although not in the peace officer's presence, and if the peace officer has probable cause to believe that the violation was committed by the person.
Enacted by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 510 - Local DUI and related ordinances and reckless driving and impaired driving ordinances -- Consistent with code.

41-6a-510.
Local DUI and related ordinances and reckless driving and impaired driving ordinances -- Consistent with code.
(1) An ordinance adopted by a local authority that governs the following matters shall be consistent with the provisions in this code which govern the following matters:
(a) a person's operating or being in actual physical control of a motor vehicle while having alcohol in the blood or while under the influence of alcohol or any drug or the combined influence of alcohol and any drug; or
(b) in relation to any of the matters described in Subsection (1)(a), the use of:
(i) a chemical test or chemical tests;
(ii) evidentiary presumptions;
(iii) penalties; or
(iv) any combination of the matters described in Subsection (1).
(2) An ordinance adopted by a local authority that governs reckless driving, impaired driving, or operating a vehicle in willful or wanton disregard for the safety of persons or property shall be consistent with the provisions of this code which govern those matters.
Amended by Chapter 226, 2008 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 511 - Courts to collect and maintain data.

41-6a-511.
Courts to collect and maintain data.
(1) The state courts shall collect and maintain data necessary to allow sentencing and enhancement decisions to be made in accordance with this part.
(2)
(a) Each justice court shall transmit dispositions electronically to the Department of Public Safety in accordance with the requirement for recertification established by the Judicial Council.
(b) Immediately upon filling the requirements under Subsection (2)(a), a justice court shall collect and report the same DUI related data elements collected and maintained by the state courts under Subsection (1).
(3) The department shall maintain an electronic data base for DUI related records and data including the data elements received or collected from the courts under this section.
(4)
(a) The Commission on Criminal and Juvenile Justice shall prepare an annual report of DUI related data including the following:
(i) the data collected by the courts under Subsections (1) and (2); and
(ii) any measures for which data are available to evaluate the profile and impacts of DUI recidivism and to evaluate the DUI related processes of:
(A) law enforcement;
(B) adjudication;
(C) sanctions;
(D) driver license control; and
(E) alcohol education, assessment, and treatment.
(b) The report shall be provided in writing to the Judiciary and Transportation Interim Committees no later than the last day of October following the end of the fiscal year for which the report is prepared.
Amended by Chapter 51, 2011 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 512 - Factual basis for alcohol or drug-related reckless driving plea.

Effective 5/5/2021
41-6a-512.
Factual basis for alcohol or drug-related reckless driving plea.
(1)
(a) The prosecution shall state for the record a factual basis for a plea, including whether or not there had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with the violation when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an original charge of a violation of Section 41-6a-502 for an offense committed before July 1, 2008:
(i) reckless driving under Section 41-6a-528; or
(ii) an ordinance enacted under Section 41-6a-510.
(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation.
(2) The court shall advise the defendant before accepting the plea offered under this section of the consequences of a violation of Section 41-6a-528.
(3) The court shall notify the Driver License Division of each conviction of Section 41-6a-528 entered under this section.
(4)
(a) The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series or obtain substance abuse treatment or do a combination of those things, apply to a conviction for a violation of Section 41-6a-528 under Subsection (1).
(b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections 41-6a-505(1), (3), (5), and (7).
Amended by Chapter 79, 2021 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 513 - Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.

Effective 5/4/2022
41-6a-513.
Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.
(1) An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea:
(a) in open court;
(b) in writing; or
(c) by another means of communication which the court finds adequate to record the prosecutor's agreement.
(2)
(a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for:
(i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);
(ii) a felony violation of:
(A) Section 41-6a-502; or
(B) Section 76-5-102.1; or
(iii) a violation of Section 76-5-207.
(b) If the defendant's record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if:
(i) approved by:
(A) a district attorney;
(B) a deputy district attorney;
(C) a county attorney;
(D) a deputy county attorney;
(E) the attorney general; or
(F) an assistant attorney general; and
(ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.
Amended by Chapter 116, 2022 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 514 - Procedures -- Adjudicative proceedings.

41-6a-514.
Procedures -- Adjudicative proceedings.
The department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 515 - Standards for chemical breath or oral fluids analysis -- Evidence.

41-6a-515.
Standards for chemical breath or oral fluids analysis -- Evidence.
(1) The commissioner of the department shall establish standards for the administration and interpretation of chemical analysis of a person's breath or oral fluids, including standards of training.
(2) In any action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or any drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered as memoranda or records of acts, conditions, or events to prove that the analysis was made and the instrument used was accurate, according to standards established in Subsection (1), are admissible if:
(a) the judge finds that they were made in the regular course of the investigation at or about the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances of their preparation indicate their trustworthiness.
(3) If the judge finds that the standards established under Subsection (1) and the conditions of Subsection (2) have been met, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary.
Renumbered and Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 515.6 - Field sobriety test training.

Effective 12/30/2018
41-6a-515.6.
Field sobriety test training.
Each law enforcement agency shall ensure that each peace officer receives training on the current standard field sobriety testing guidelines established by the National Highway Traffic Safety Administration.
Enacted by Chapter 283, 2017 General Session
Technically renumbered to avoid duplication of section number also enacted in HB250, Chapter 446.
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 516 - Admissibility of chemical test results in actions for driving under the influence -- Weight of evidence.

41-6a-516.
Admissibility of chemical test results in actions for driving under the influence -- Weight of evidence.
(1)
(a) In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or drugs or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test or tests as authorized in Section 41-6a-520 are admissible as evidence.
(b)
(i) In a criminal proceeding, noncompliance with Section 41-6a-520 does not render the results of a chemical test inadmissible.
(ii) Evidence of a defendant's blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.
(2) This section does not prevent a court from receiving otherwise admissible evidence as to a defendant's blood or breath alcohol level or drug level at the time relevant to the alleged offense.
Renumbered and Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 518.1 - Tampering with an ignition interlock system.

41-6a-518.1.
Tampering with an ignition interlock system.
(1) As used in this section:
(a) "ignition interlock system" has the same meaning as defined in Section 41-6a-518; and
(b) "interlock restricted driver" has the same meaning as defined in Section 41-6a-518.2.
(2)
(a) A person may not:
(i) circumvent or tamper with the operation of an ignition interlock system;
(ii) knowingly furnish an interlock restricted driver a motor vehicle without an ignition interlock system unless authorized under Subsection 41-6a-518(7);
(iii) blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of allowing an interlock restricted driver to operate a motor vehicle; or
(iv) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the system has been certified by the commissioner as required under Subsection 41-6a-518(8).
(b) An interlock restricted driver may not:
(i) rent, lease, or borrow a motor vehicle without an ignition interlock system; or
(ii) request another person to blow into an ignition interlock system in order to allow the interlock restricted driver to operate the motor vehicle.
(c) A violation of any provision under this Subsection (2) is a class B misdemeanor.
(3) It is an affirmative defense to a charge of a violation of this section if:
(a) the starting of a motor vehicle, or the request to start a motor vehicle, that is equipped with an ignition interlock system is done for the purpose of safety or mechanical repair of the system or the motor vehicle; and
(b) the interlock restricted driver does not operate the motor vehicle.
Enacted by Chapter 341, 2006 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 519 - Municipal attorneys for specified offenses may prosecute for certain DUI offenses and driving while license is suspended or revoked.

41-6a-519.
Municipal attorneys for specified offenses may prosecute for certain DUI offenses and driving while license is suspended or revoked.
The following class A misdemeanors may be prosecuted by attorneys of cities and towns and other prosecutors authorized elsewhere in this code to prosecute these alleged violations:
(1) alleged class A misdemeanor violations of Section 41-6a-502; and
(2) alleged violations of Section 53-3-227, which consist of the person operating a vehicle while the person's driving privilege is suspended or revoked for:
(a) a violation of Section 41-6a-502;
(b) a local ordinance which complies with the requirements of Section 41-6a-510, 41-6a-520, or 76-5-207; or
(c) a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances identified in Subsection (2)(a) or (b).
Renumbered and Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 522 - Person incapable of refusal.

Effective 5/8/2018
41-6a-522.
Person incapable of refusal.
Subject to Section 77-23-213 for blood tests, a person who is dead, unconscious, or in any other condition rendering the person incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent provided for in Subsection 41-6a-520(1), and the test or tests may be administered whether the person has been arrested or not.
Amended by Chapter 35, 2018 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 523 - Persons authorized to draw blood -- Immunity from liability.

Effective 5/3/2023
Superseded 7/1/2024
41-6a-523.
Persons authorized to draw blood -- Immunity from liability.
(1)
(a) Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (1)(b), emergency medical service personnel other than paramedics; or
(vii) a person with a valid permit issued by the Department of Health and Human Services under Section 26B-1-202.
(b) The Department of Health and Human Services may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 26B-4-101, are authorized to draw blood under Subsection (1)(a)(vi), based on the type of license under Section 26B-4-116.
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(2) The following are immune from civil or criminal liability arising from drawing a blood sample from a person whom a peace officer has reason to believe is driving in violation of this chapter, if the sample is drawn in accordance with standard medical practice, and pursuant to a warrant or with the consent of the individual:
(a) a person authorized to draw blood under Subsection (1)(a);
(b) if the blood is drawn at a hospital or other medical facility, the medical facility; or
(c) if the blood is drawn at a law enforcemenet facility in a secure area not accessible by the public, the law enforcement agency.
Amended by Chapter 328, 2023 General Session
Amended by Chapter 399, 2023 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 523 - Persons authorized to draw blood -- Immunity from liability.

Effective 7/1/2024
41-6a-523.
Persons authorized to draw blood -- Immunity from liability.
(1)
(a) Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (1)(b), emergency medical service personnel other than paramedics; or
(vii) a person with a valid permit issued by the Department of Health and Human Services under Section 26B-1-202.
(b) The Bureau of Emergency Medical Services may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 53-2d-101, are authorized to draw blood under Subsection (1)(a)(vi), based on the type of license under Section 53-2d-402.
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(2) The following are immune from civil or criminal liability arising from drawing a blood sample from a person whom a peace officer has reason to believe is driving in violation of this chapter, if the sample is drawn in accordance with standard medical practice, and pursuant to a warrant or with the consent of the individual:
(a) a person authorized to draw blood under Subsection (1)(a);
(b) if the blood is drawn at a hospital or other medical facility, the medical facility; or
(c) if the blood is drawn at a law enforcement facility in a secure area not accessible by the public, the law enforcement agency.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 328, 2023 General Session
Amended by Chapter 399, 2023 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 524 - Refusal as evidence.

Effective 5/9/2017
41-6a-524.
Refusal as evidence.
If a person under arrest refuses to submit to a chemical test or tests or any additional test under Section 41-6a-520, evidence of any refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while:
(1) under the influence of:
(a) alcohol;
(b) any drug; or
(c) a combination of alcohol and any drug;
(2) having any measurable controlled substance or metabolite of a controlled substance in the person's body; or
(3) having any measurable or detectable amount of alcohol in the person's body if the person is an alcohol restricted driver as defined under Section 41-6a-529.
Amended by Chapter 181, 2017 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 525 - Reporting test results -- Immunity from liability.

41-6a-525.
Reporting test results -- Immunity from liability.
(1) As used in this section, "health care provider" means a person licensed under:
(a)Title 58, Chapter 31b, Nurse Practice Act;
(b)Title 58, Chapter 67, Utah Medical Practice Act; or
(c)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) A health care provider who is providing medical care to any person involved in a motor vehicle crash may notify, as soon as reasonably possible, the nearest peace officer or law enforcement agency if the health care provider has reason to believe, as a result of any test performed in the course of medical treatment, that the:
(a) person's blood alcohol concentration meets or exceeds the limits under Subsection 41-6a-502(1)(a);
(b) person is younger than 21 years of age and has any measurable blood, breath, or urine alcohol concentration in the person's body; or
(c) person has any measurable controlled substance or metabolite of a controlled substance in the person's body which could be a violation of Subsection 41-6a-502(1)(b) or Section 41-6a-517.
(3) The report under Subsection (2) shall consist of the:
(a) name of the person being treated;
(b) date and time of the administration of the test; and
(c) results disclosed by the test.
(4) A health care provider participating in good faith in making a report or assisting an investigator from a law enforcement agency pursuant to this section is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.
(5) A report under Subsection (2) may not be used to support a finding of probable cause that a person who is not a driver of a vehicle has committed an offense.
Renumbered and Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 526 - Drinking alcoholic beverage and open containers in motor vehicle prohibited -- Definitions -- Exceptions.

Effective 5/12/2020
41-6a-526.
Drinking alcoholic beverage and open containers in motor vehicle prohibited -- Definitions -- Exceptions.
(1) As used in this section:
(a) "Alcoholic beverage" has the same meaning as defined in Section 32B-1-102.
(b) "Chartered bus" has the same meaning as defined in Section 32B-1-102.
(c) "Limousine" has the same meaning as defined in Section 32B-1-102.
(d)
(i) "Passenger compartment" means the area of the vehicle normally occupied by the operator and passengers.
(ii) "Passenger compartment" includes areas accessible to the operator and passengers while traveling, including a utility or glove compartment.
(iii) "Passenger compartment" does not include a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle.
(e) "Waters of the state" has the same meaning as defined in Section 73-18-2.
(2) A person may not drink an alcoholic beverage while operating a golf cart, a motor vehicle, a motor assisted scooter, or a class 2 electric assisted bicycle, or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of the state.
(3) A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport in the passenger compartment of a motor vehicle, on a golf cart, on a motor assisted scooter, or on a class 2 electric assisted bicycle, when the vehicle is on any highway or waters of the state, any container that contains an alcoholic beverage if the container has been opened, its seal broken, or the contents of the container partially consumed.
(4) Subsections (2) and (3) do not apply to a passenger:
(a) in the living quarters of a motor home or camper;
(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in compliance with Subsections 32B-4-415(4)(b) and (c); or
(c) in a motorboat on the waters of the state.
(5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
(6) A violation of Subsection (2) or (3) is a class C misdemeanor.
Amended by Chapter 84, 2020 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 527 - Seizure and impoundment of vehicles by peace officers -- Impound requirements -- Removal of vehicle by owner.

Effective 5/3/2023
41-6a-527.
Seizure and impoundment of vehicles by peace officers -- Impound requirements -- Removal of vehicle by owner.
(1) If a peace officer arrests, cites, or refers for administrative action the operator of a vehicle for violating Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-520.1, 41-6a-530, 41-6a-606, 53-3-231, Subsections 53-3-227(3)(a)(i) through (vii), Subsection 53-3-227(3)(a)(x), or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1), the peace officer shall seize and impound the vehicle in accordance with Section 41-6a-1406, except as provided under Subsection (2).
(2) If a registered owner of the vehicle, other than the operator, is present at the time of arrest, the peace officer may release the vehicle to that registered owner, but only if:
(a) the registered owner:
(i) requests to remove the vehicle from the scene; and
(ii) presents to the peace officer sufficient identification to prove ownership of the vehicle or motorboat;
(b) the registered owner identifies a driver with a valid operator's license who:
(i) complies with all restrictions of his operator's license; and
(ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-520.1, 41-6a-530, 53-3-231, or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1) if permitted to operate the vehicle; and
(c) the vehicle itself is legally operable.
(3) If necessary for transportation of a motorboat for impoundment under this section, the motorboat's trailer may be used to transport the motorboat.
Amended by Chapter 415, 2023 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 528 - Reckless driving -- Penalty.

Effective 5/4/2022
41-6a-528.
Reckless driving -- Penalty.
(1) A person is guilty of reckless driving who operates a vehicle in willful or wanton disregard for the safety of persons or property.
(2) For purposes of this section, "willful or wanton disregard for the safety of persons or property" includes:
(a) traveling on a highway at a speed of 105 miles per hour or greater; or
(b) committing three or more traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous period of driving covering three miles or less in total distance.
(3) A person who violates Subsection (1) is guilty of a class B misdemeanor.
Amended by Chapter 176, 2022 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 530 - Alcohol restricted drivers -- Prohibited from operating a vehicle while having any measurable or detectable amount of alcohol in the person's body -- Penalties.

41-6a-530.
Alcohol restricted drivers -- Prohibited from operating a vehicle while having any measurable or detectable amount of alcohol in the person's body -- Penalties.
(1) An alcohol restricted driver who operates or is in actual physical control of a vehicle in this state with any measurable or detectable amount of alcohol in the person's body is guilty of a class B misdemeanor.
(2) A "measurable or detectable amount" of alcohol in the person's body may be established by:
(a) a chemical test;
(b) evidence other than a chemical test; or
(c) a combination of Subsections (2)(a) and (b).
(3) For any person convicted of a violation of this section, the court shall order the installation of an ignition interlock system as a condition of probation in accordance with Section 41-6a-518 or describe on the record or in a minute entry why the order would not be appropriate.
Amended by Chapter 261, 2007 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 6 - Speed Restrictions › Section 601 - Speed regulations -- Safe and appropriate speeds at certain locations -- Prima facie speed limits -- Emergency power of the governor.

Effective 5/4/2022
41-6a-601.
Speed regulations -- Safe and appropriate speeds at certain locations -- Prima facie speed limits -- Emergency power of the governor.
(1) A person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing, including when:
(a) approaching and crossing an intersection or railroad grade crossing;
(b) approaching and going around a curve;
(c) approaching a hill crest;
(d) traveling upon any narrow or winding roadway;
(e) traveling in, through, or approaching other hazards that exist due to pedestrians, other traffic, weather, or highway conditions; and
(f) the speed causes the person to fail to maintain control of the vehicle or stay within a single lane of travel.
(2) Subject to Subsections (1) and (4) and Sections 41-6a-602 and 41-6a-603, the following speeds are lawful:
(a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303;
(b) 25 miles per hour in any urban district; and
(c) 55 miles per hour in other locations.
(3) Except as provided in Section 41-6a-604, any speed in excess of the limits provided in this section or established under Sections 41-6a-602 and 41-6a-603 is prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.
(4)
(a) A violation of Subsection (1) is an infraction.
(b) For an individual convicted of a speed violation where the individual was operating at a speed of 100 miles per hour or more, the court shall impose a fine not less than 150% of the suggested fine in the uniform fine schedule authorized in Section 76-3-301.5 and in effect at the time of the citation.
(5) The governor by proclamation in time of war or emergency may change the speed limits on the highways of the state.
Amended by Chapter 176, 2022 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 6 - Speed Restrictions › Section 602 - Speed limits established on state highways.

Effective 5/4/2022
41-6a-602.
Speed limits established on state highways.
(1)
(a) The Department of Transportation shall determine the reasonable and safe speed limit for each highway or section of highway under its jurisdiction.
(b) For each highway or section of highway, each speed limit shall be based on a traffic engineering and safety study consistent with the requirements and recommendations in the most current version of the "Manual on Uniform Traffic Control Devices."
(c) The traffic engineering and safety studies shall include:
(i) the design speed;
(ii) prevailing vehicle speeds;
(iii) accident history;
(iv) highway, traffic, and roadside conditions; and
(v) other highway safety factors.
(2) The Department of Transportation may establish different speed limits on a highway or section of highway based on:
(a) time of day;
(b) highway construction;
(c) type of vehicle;
(d) weather conditions; and
(e) other highway safety factors.
(3)
(a) Except as provided in Subsection (3)(b) and (c), a posted speed limit may not exceed 65 miles per hour.
(b) Except as provided in Subsection (3)(c), a posted speed limit on a freeway or other limited access highway may not exceed 75 miles per hour.
(c)
(i) The Department of Transportation may establish a posted speed limit on a freeway or other limited access highway that exceeds the maximum speed limit in Subsection (3)(b) if the speed limit is based on a highway traffic engineering and safety study.
(ii) If the Department of Transportation establishes a posted speed limit that exceeds the limit under Subsection (3)(b), the Department of Transportation shall evaluate the results and impacts of increasing a speed limit under this Subsection (3)(c).
(d) This Subsection (3) is an exception to the provisions of Subsections (1) and (2).
(4) When establishing or changing a speed limit, the Department of Transportation shall consult with the following entities prior to erecting or changing a speed limit sign:
(a) the county for state highways in an unincorporated area of the county;
(b) the municipality for state highways within the municipality's incorporated area;
(c) the Department of Public Safety; and
(d) the Transportation Commission.
(5) The speed limit is effective when appropriate signs giving notice are erected along the highway or section of the highway.
Amended by Chapter 42, 2022 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 6 - Speed Restrictions › Section 603 - Speed limits established by counties and municipalities.

Effective 5/4/2022
41-6a-603.
Speed limits established by counties and municipalities.
(1) A county or municipality may determine the reasonable and safe speed limit for each highway or section of highway under its jurisdiction as specified under Title 72, Chapter 3, Highway Jurisdiction and Classification Act.
(2) Each speed limit shall be established in accordance with the provisions of Subsections 41-6a-602(2), (3), and (5).
Amended by Chapter 42, 2022 General Session
2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 6 - Speed Restrictions › Section 604 - Maximum speed in a school zone -- Penalty -- Minimum fines -- Compensatory service -- Waiver -- Recordkeeping.

41-6a-604.
Maximum speed in a school zone -- Penalty -- Minimum fines -- Compensatory service -- Waiver -- Recordkeeping.
(1) A person may not operate a vehicle at a speed greater than 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303.
(2)
(a) A violation of Subsection (1) is a class C misdemeanor and the minimum fine:
(i) for a first offense shall be calculated according to the following schedule:
Vehicle SpeedMinimum Fine
21 - 29 MPH$ 50
30 - 39 MPH$ 125
40 MPH and greater$ 125
(ii) for a second and subsequent offense within three years of a previous conviction or bail forfeiture shall be calculated according to the following schedule:
Vehicle SpeedMinimum Fine
21 - 29 MPH$ 50
30 - 39 MPH$ 225
40 MPH and greater$ 525
(b)
(i) Except as provided under Subsection (2)(a)(ii), the court may order the person to perform compensatory service in lieu of the fine or any portion of the fine.
(ii) The court shall order the person to perform compensatory service observing a crossing guard if the conviction is for a:
(A) first offense with a vehicle speed of 30 miles per hour or more; or
(B) second and subsequent offense within three years of a previous conviction or bail forfeiture.
(iii) The court may waive the compensatory service required under Subsection (2)(b)(ii) if the court makes the reasons for the waiver part of the record.
(3) The Driver License Division shall develop and implement a record system to distinguish:
(a) a conviction or bail forfeiture under this section from other convictions; and
(b) between a first and subsequent conviction or bail forfeiture under this section.
(4) The provisions of this section take precedence over the provisions of Sections 41-6a-601, 41-6a-602, 41-6a-603, and 76-3-301.
Renumbered and Amended by Chapter 2, 2005 General Session