Unit 08, Lesson 02 - Alcohol and Drug Use
THE DRINKING DRIVER / DRUG USE Too many people are killed in alcohol-related crashes each year in Utah, and many more are seriously or permanently injured. To help keep the drinking driver off the road, various laws have been enacted. These laws provide severe penalties for the intoxicated driver. A driver is considered to be intoxicated if his/her blood or breath alcohol concentration is .05 or higher (the level is .04 for commercial motor vehicle operators--refer to the CDL manual for details regarding CDL disqualifications).
If you are convicted of, plead guilty to, or forfeit bail for driving or being in actual physical control of a motor vehicle or a motorboat while under the influence of alcohol or drugs, your punishment may be as much as six (6) months in jail and a fine.
Arrest by police: By Riemann, Public domain, from Wikimedia Commons
Your license will be suspended for 120 days or until you reach the age of 21, whichever is longer, on the first conviction. Second and subsequent convictions will result in a two-year revocation or until you reach the age of 21, whichever is longer. A mandatory jail sentence or requirement to perform community service will be ordered upon conviction of driving under the influence. You must also participate in an assessment and educational series at a state-approved alcohol or drug dependency rehabilitation facility before you will again be allowed driving privileges.
A plea of “guilty” or “no contest” for a criminal charge of DUI that is held in abeyance by the court will not appear on the Motor Vehicle Report unless you hold a CDL license or were operating a commercial motor vehicle at the time you were cited. Although a plea held in abeyance for the DUI violation will not result in suspension or revocation of your regular operator privilege, it will result in the disqualification of your CDL privilege. In addition, the abeyance will be considered a “first offense” for the purposes of enhancement of penalties imposed by the court or the Driver License Division, including expungement. This law applies to the following offenses: driving under the influence of alcohol or drugs, reckless driving, and automobile homicide
In addition to the criminal penalties, for a first arrest, Utah’s Drunk Driving law also allows a peace officer to confiscate your Utah driver license for driving under the influence and allows the Division to suspend your license for 120 days or until you reach the age of 21, whichever is longer. For a second subsequent arrest, your license can be suspended for two years or until you reach the age of 21, whichever is longer, beginning on the 30th day after the date of arrest.
You may receive similar fines and jail sentences for any additional convictions for drunk driving or driving under the influence of drugs. A repeat offender may also be found to be a habitual user of alcohol or drugs and be refused a driver license indefinitely or for life.