2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 2 - Criminal Homicide › Section 207 - Negligently operating a vehicle resulting in death -- Penalties -- Evidence.

Effective 5/3/2023
76-5-207.
Negligently operating a vehicle resulting in death -- Penalties -- Evidence.
(1)
(a) As used in this section:
(i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
(ii) "Criminally negligent" means the same as that term is described in Subsection 76-2-103(4).
(iii) "Drug" means:
(A) a controlled substance;
(B) a drug as defined in Section 58-37-2; or
(C) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of an individual to safely operate a vehicle.
(iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.
(v) "Vehicle" means the same as that term is defined in Section 41-6a-501.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits negligently operating a vehicle resulting in death if the actor:
(a)
(i) operates a vehicle in a negligent or criminally negligent manner causing the death of another individual;
(ii)
(A) has sufficient alcohol in the actor's body such that a subsequent chemical test shows that the actor has a blood or breath alcohol concentration of .05 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 actor incapable of safely operating a vehicle; or
(C) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation; or
(b)
(i) operates a vehicle in a criminally negligent manner causing death to another; and
(ii) has in the actor's body any measurable amount of a controlled substance.
(3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty of:
(a) a second degree felony; and
(b) a separate offense for each victim suffering death as a result of the actor's violation of this section, regardless of whether the deaths arise from the same episode of driving.
(4) An actor is not guilty of a violation of negligently operating a vehicle resulting in death under Subsection (2)(b) if:
(a) the controlled substance was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the practitioner's professional practice, or as otherwise authorized by Title 58, Occupations and Professions;
(b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c) the actor possessed, in the actor's body, a controlled substance listed in Section 58-37-4.2 if:
(i) the actor is the subject of medical research conducted by a holder of a valid license to possess controlled substances under Section 58-37-6; and
(ii) the substance was administered to the actor by the medical researcher.
(5)
(a) A judge imposing a sentence under this section may consider:
(i) the sentencing guidelines developed in accordance with Section 63M-7-404;
(ii) the defendant's history;
(iii) the facts of the case;
(iv) aggravating and mitigating factors; or
(v) any other relevant fact.
(b) The judge may not impose a lesser sentence than would be required for a conviction based on the defendant's history under Section 41-6a-505.
(c) The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.
(d) A calculation of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(3).
(e) Except as provided in Subsection (4), the fact that an actor charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f) Evidence of a defendant's blood or breath alcohol content or drug content is admissible except when prohibited by the Utah Rules of Evidence, the United States Constitution, or the Utah Constitution.
(g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense described in this section may not be held in abeyance.
Amended by Chapter 415, 2023 General Session