Title 41, Title 41: Motor Vehicles

41-6a-407. Livestock on highway -- Restrictions -- Collision, action for damages. (1) As used in this section, "open range" means the same as that term is defined in Section. 4-24-102 (2) A person who owns or is in possession or control of any livestock may not willfully or negli…

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: locate…

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: may not impose a fla…

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 …

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Penalities -- Reporting of convictions. (1) An actor commits driving under the influence if the actor operates or is in actual physical co…

41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing requirements. (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of Sectioncommitted on or after July 1, 2008, may be entered as a conviction of impaired driving un…

41-6a-504. Defense not available for driving under the influence violation. The fact that a person charged with violating Sectionis or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating Section.

41-6a-505. Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations. (1) As part of any sentence for a first conviction of extreme DUI: the court shall: impose a jail sentence of not less than five days; or impose a jail sente…

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, proba…

41-6a-507. Supervised probation for certain driving under the influence violations. (1) If supervised probation is ordered under Section,, or: 41-6a-401.8 41-6a-505 41-6a-517 the court shall specify the period of the probation; the person shall pay all of the costs of the probati…

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 Sectionwhen the peace officer has probable cause to believe the violation has occurred, although not in the peace officer's …

41-6a-509. Driver license suspension or revocation for a driving under the influence violation. (1) The Driver License Division shall, if the person is 21 years old or older at the time of arrest: suspend for a period of 120 days the operator's license of a person convicted for t…

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 followi…

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) Each justice court shall transmit dispositions electronically to the Departmen…

41-6a-512. Factual basis for alcohol or drug-related reckless driving plea. (1) 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 w…

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 Sectionis invalid unless the prosecutor agrees to the plea: 41…

41-6a-514. Procedures -- Adjudicative proceedings. The department shall comply with the procedures and requirements of, in its adjudicative proceedings.

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) …

41-6a-515.5. Sobriety program for DUI. (1) As used in this section: "24-7 sobriety program" means a 24 hours a day, seven days a week sobriety and drug monitoring program that: requires an individual to abstain from alcohol or drugs for a period of time; requires an individual to…

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 and in accordance with Section…

41-6a-516. Admissibility of chemical test results in actions for driving under the influence -- Weight of evidence. (1) 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 unde…

41-6a-517. Definitions -- Driving with any measurable controlled substance in the body -- Penalties -- Arrest without warrant. (1) As used in this section: "Controlled substance" means the same as that term is defined in Section. 58-37-101 "Practitioner" means the same as that te…

41-6a-518. Ignition interlock devices -- Use and monitoring -- Probationer to pay cost -- Indigency -- Fee. (1) As used in this section: "Commissioner" means the commissioner of the Department of Public Safety. "Employer verification" means written verification from the employer …

41-6a-518.1. Tampering with an ignition interlock system. (1) As used in this section: "ignition interlock system" has the same meaning as defined in Section; and 41-6a-518 "interlock restricted driver" has the same meaning as defined in Section. 41-6a-518.2 (2) A person may not:…

41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition interlock system -- Exemptions. (1) As used in this section: "Ignition interlock system" means a constant monitoring device or any similar device that: is in working order at the time of operatio…

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…

41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report. (1) An individual operating a motor vehicle in this state consents to a chemical test or tests of the individual's breath, blood, urine, or oral fluids to determine …

41-6a-520.1. Refusing a chemical test. (1) An actor commits refusing a chemical test if: a peace officer issues the warning required in Subsection; 41-6a-520(2)(a) a court issues a warrant to draw and test the blood; and after Subsections (1)(a) and (b), the actor refuses to subm…

41-6a-521. Revocation hearing for refusal -- Appeal. (1) An individual who has been notified of the Driver License Division's intention to revoke the individual's license under Sectionis entitled to a hearing. 41-6a-520 An individual shall request to be heard in writing within 10…

41-6a-521.1. Driver license denial or revocation for a criminal conviction for a refusal to submit to a chemical test violation. (1) Except as provided in Subsectionor, the Driver License Division shall, if the person is 21 years old or older at the time of arrest: (7) (8) revoke…

41-6a-522. Person incapable of refusal. Subject to Sectionfor 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 i…

41-6a-523. Persons authorized to draw blood -- Immunity from liability. (1) Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content: a physician; a physician assistant; a registered nurse; a licensed practical nurse; a…

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, evidence of any refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed whil…

41-6a-525. Reporting test results -- Immunity from liability. (1) As used in this section, "health care provider" means a person licensed under:; Title 58, Chapter 31b, Nurse Practice Act; or Title 58, Chapter 67, Utah Medical Practice Act. Title 58, Chapter 68, Utah Osteopathic …

41-6a-526. Drinking alcoholic beverage and open containers in motor vehicle prohibited -- Definitions -- Exceptions. (1) As used in this section: "Alcoholic beverage" has the same meaning as defined in Section. 32B-1-102 "Chartered bus" has the same meaning as defined in Section.…

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,,,,,,,, Subsectionsthrough, Subsecti…

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" in…

41-6a-529. Definitions -- Alcohol restricted drivers. (1) As used in this section and Section, "alcohol restricted driver" means a person who: 41-6a-530 within the last two years: has been convicted of: a misdemeanor violation of Sectionor; 41-6a-502 76-5-102.1 alcohol, any drug,…

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 wi…

41-6a-531. Access to DUI investigative reports. (1) As used in this section: "Agent" means a person's attorney that has been formally engaged. "DUI investigative report" means all materials that a peace officer gathers as part of investigating an offense described in Subsectionin…

41-6a-532. DUI reporting system requirements. (1) As used in this section, "electronic DUI reporting system" means a software platform or electronic form used by a law enforcement agency to generate, submit, or store reports related to an investigation or arrest for driving under…

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 t…

41-6a-602. Speed limits established on state highways. (1) The Department of Transportation shall determine the reasonable and safe speed limit for each highway or section of highway under its jurisdiction. For each highway or section of highway, each speed limit shall be based o…

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 Class…

41-6a-604. Maximum speed in a school zone -- Penalty -- Minimum fines -- Waiver -- Recordkeeping. (1) An individual 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) Except as provided in Subsec…

41-6a-604.5. Speeding in a school zone complaint procedure. (1) A school crossing guard who observes an operator of a vehicle violating Sectionmay prepare a report of the alleged violation, in a manner specified by the law enforcement agency with jurisdiction, for the law enforce…