41-6a-501. Definitions.
(1) As used in this part: "Actual physical control" is determined by a consideration of the totality of the circumstances, but does not include a circumstance in which: the person is asleep inside the vehicle; the person is not in the driver's seat of the vehicle; the engine of the vehicle is not running; the vehicle is lawfully parked; and under the facts presented, it is evident that the person did not drive the vehicle to the location while under the influence of alcohol, a drug, or the combined influence of alcohol and any drug. "Assessment" means an in-depth clinical interview with a licensed mental health therapist: used to determine if a person is in need of: substance abuse treatment that is obtained at a substance abuse program; an educational series; or a combination of Subsectionsand; and (1)(b)(i)(A) (B) that is approved by the Division of Integrated Healthcare in accordance with Section. 26B-5-104 "Driving under the influence court" means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. "Drug" or "drugs" means: a controlled substance as defined in Section; 58-37-101 a drug as defined in Section; or 58-17b-102 a 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. "Educational series" means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section. 26B-5-104 "Extreme DUI" means an offense of driving under the influence under Sectionwhere there is admissible evidence that the individual: 41-1a-502 had a blood or breath alcohol level of.16 or higher; had a blood or breath alcohol level of.05 or higher in addition to any measurable controlled substance; or had a combination of two or more controlled substances in the individual's body that were not: recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or prescribed. "Negligence" means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. "Novice learner driver" means an individual who: has applied for a Utah driver license; has not previously held a driver license in this state or another state; and has not completed the requirements for issuance of a Utah driver license. "Screening" means a preliminary appraisal of a person: used to determine if the person is in need of: an assessment; or an educational series; and that is approved by the Division of Integrated Healthcare in accordance with Section. 26B-5-104 "Serious bodily injury" means bodily injury that creates or causes: serious permanent disfigurement; protracted loss or impairment of the function of any bodily member or organ; or a substantial risk of death. "Substance abuse treatment" means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section. 26B-5-104 "Substance abuse treatment program" means a state licensed substance abuse program. "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in Section; and 41-6a-102 "Vehicle" or "motor vehicle" includes: an off-highway vehicle as defined under Section; and 41-22-2 a motorboat as defined in Section. 73-18-2
(2) As used in Sectionsand: 41-6a-502 41-6a-520.1 "Conviction" means any conviction arising from a separate episode of driving for a violation of: driving under the influence under Section; 41-6a-502 for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sectionsand; or 41-6a-512 41-6a-528 for an offense committed on or after July 1, 2008, impaired driving under Section; 41-6a-502.5 driving with any measurable controlled substance that is taken illegally in the body under Section; 41-6a-517 local ordinances similar to Section, alcohol, any drug, or a combination of both-related reckless driving, or impaired driving under Sectionadopted in compliance with Section; 41-6a-502 41-6a-502.5 41-6a-510 Section; 76-5-207 operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection; 58-37-8(2)(g) negligently operating a vehicle resulting in injury under Section; 76-5-102.1 a violation described in Subsectionsthrough, which judgment of conviction is reduced under Section; (2)(a)(i) (vii) 76-3-402 refusal of a chemical test under Subsection; or 41-6a-520.1(1) statutes or ordinances previously in effect in this state or in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of Sectionor alcohol, any drug, or a combination of both-related reckless driving if committed in this state, including punishments administered under 10 U.S.C. Sec. 815. 41-6a-502 A plea of guilty or no contest to a violation described in Subsectionsthroughwhich plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of: (2)(a)(i) (x) enhancement of penalties under this part; and expungement under Title 77, Chapter 40a, Expungement of Criminal Records. An admission to a violation of Sectionin juvenile court is the equivalent of a conviction even if the charge has been subsequently dismissed in accordance with the Utah Rules of Juvenile Procedure for the purposes of enhancement of penalties under: 41-6a-502 this part; negligently operating a vehicle resulting in injury under Section; and 76-5-102.1 automobile homicide under Section. 76-5-207
(3) As used in Section, "controlled substance" does not include an inactive metabolite of a controlled substance. 41-6a-505