Utah Code » Title 41, Chapter 6a — Traffic Code; part 41-6a-5 — Driving Under the Influence and Reckless Driving
Utah Code

Utah Code § 41-6a-502 (2026)

Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Penalities -- Reporting of convictions

✓ current as of May 2026
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An actor commits driving under the influence if the actor operates or is in actual physical control of a vehicle within this state if the actor:
has sufficient alcohol in the actor's body 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;
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
has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.
A violation of Subsection (1) is a class B misdemeanor.
Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A misdemeanor if the actor:
has a passenger younger than 16 years old in the vehicle at the time of the offense;
is 21 years old or older and has a passenger younger than 18 years old in the vehicle at the time of the offense;
at the time of the offense, also violated:
Section 41-6a-712 or 41-6a-714; or
Section 41-6a-709, if the violation occurs on a one-way highway, other than a roundabout, that has more than one lane of traffic; or
has one prior conviction within 10 years of:
the current conviction under Subsection (1); or
the commission of the offense upon which the current conviction is based.
Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree felony if:
the actor has two or more prior convictions each of which is within 10 years of:
the current conviction; or
the commission of the offense upon which the current conviction is based; or
the current conviction is at any time after:
a felony conviction; or
any conviction described in Subsection (2)(c)(ii)(A) for which judgment of conviction is reduced under Section 76-3-402.
Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
A court shall, monthly, send to the Division of Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving under the influence, in whole or in part, of a prescribed controlled substance.
An offense described in this section is a strict liability offense.
A guilty or no contest plea to an offense described in this section may not be held in abeyance.
An actor is guilty of a separate offense under Subsection (1) for each passenger in the vehicle that is younger than 16 years old at the time of the offense.
Notes of Decisions
Cited in 31 cases (8 in the last 5 years), 2005–2026 · leading case: State v. Outzen, 2017 UT 30 (Utah 2017).
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State v. Outzen, 2017 UT 30 (Utah 2017). · cites it 7× “The Plain Language of Utah Code Section 41-6a-517 Does Not Require Impairment ¶7 Utah Code section 41-6a-517 provides that “[i]n cases not amounting to a violation of Section 41-6a-502 [the DUI statute], a person may not operate or be in actual physical control of a motor…”
State v. Ainsworth, 2017 UT 60 (Utah 2017). · cites it 6× “1 Utah Code § 41-6a-502(1)(b) ; id. § 41-6a-503(2) (third degree felony to inflict serious bodily injury as a result of operating a vehicle in a negligent manner and in violation of section 502); id.”
State v. Roybal, 2010 UT 34 (Utah 2010). · cites it 4× “¶ 9 The State subsequently charged Roybal with one count of driving under the influence of alcohol, a third degree felony, in violation of Utah Code section 41-6a-502 (2005). [1] Roybal moved to suppress all evidence obtained as a result of his traffic stop, arguing that the…”
State v. Salgado, 2018 UT App 139 (Utah Ct. App. 2018). · cites it 2× “§ 41-6a-502. Procedural History ¶18 The case proceeded to trial.”
State v. Manwaring, 268 P.3d 201 (Utah Ct. App. 2011). · cites it 6× “On appeal, Defendant contends that the trial court erred in denying his motion to suppress, refusing to allow his expert witness to testify and limiting the seope of his cross-examination of the State's expert, and concluding that subsection (1)(a) of section 41-6a-502 (the DUI…”
Salt Lake City v. Bench, 2008 UT App 30 (Utah Ct. App. 2008). · cites it 2× “¶ 4 After further investigation, Officer Hudson arrested Bench for driving while intoxicated, a violation of Utah Code section 41-6a-502. See Utah Code Ann. § 41 -6a-502 (2005).”
State v. Perez-Avila, 131 P.3d 864 (Utah Ct. App. 2006). · cites it 3× “§ 41-6a-502 (2005); two counts of child abuse, class A misdemeanors, see id.”
United States v. Gorder, 726 F. Supp. 2d 1307 (D. Utah 2010). · cites it 2× “Specifically, both officers testified that (1) Gorder failed to signal when making a left turn, (2) an alcoholic beverage odor emanated from the vehicle and from Gorder’s person, (3) Gorder had bloodshot eyes, (4) Gorder’s speech was slurred, (5) Gorder was nervous and shaky,…”
State v. Eumana-moranchel, 277 P.3d 549 (Or. 2012). “08 percent BAC within two hours of driving); Utah: Utah Code Ann § 41-6a-502(l)(a) and (c) (offense committed if driver has .”
State v. Wareham, 2006 UT App 327 (Utah Ct. App. 2006). “§§ 41-6a-502, -503; criminal mischief and assault, both class B misdemeanors, see id.”
State v. Relyea, 2012 UT App 55 (Utah Ct. App. 2012). · cites it 2× “15 The State charged Relyea with driving under the influence of alcohol or drugs pursuant to Utah Code section 41-6a-502. See Utah Code Ann. § 41-62-502 (2010) 1 Subsequently, Relyea filed a Motion to Suppress Intoxilyzer Results, arguing that he was not adequately observed for…”
Becker v. Sunset City, 2013 UT 51 (Utah 2013). “" Ura Copr § 41-6a-502(2). 3 . Our holding, of course, is limited to the application of the substantial evidence standard of review to the specific evidence presented in this case.”
Show all 31 citing cases →
— Utah Code § 41-6a-502(1) — 3 cases
State v. Cissel, 2024 UT App 139 (Utah Ct. App. 2024).
State v. Dutton, 2025 UT App 139 (Utah Ct. App. 2025).
Houlin v. Forsey (D. Utah 2025).
— Utah Code § 41-6a-502(1)(a) — 3 cases
Salt Lake City v. McCLEVE, 2008 UT 41 (Utah 2008).
State v. Manwaring, 268 P.3d 201 (Utah Ct. App. 2011). “On appeal, Defendant contends that the trial court erred in denying his motion to suppress, refusing to allow his expert witness to testify and limiting the seope of his cross-examination of the State's expert, and concluding that subsection (1)(a) of section 41-6a-502 (the DUI…”
Houlin v. Forsey (D. Utah 2025).
— Utah Code § 41-6a-502(1)(b) — 7 cases
State v. Ainsworth, 2017 UT 60 (Utah 2017). “1 Utah Code § 41-6a-502(1)(b) ; id. § 41-6a-503(2) (third degree felony to inflict serious bodily injury as a result of operating a vehicle in a negligent manner and in violation of section 502); id.”
State v. Roybal, 2008 UT App 286 (Utah Ct. App. 2008).
State v. Deuel, 2026 UT App 8 (Utah Ct. App. 2026).
State v. Ainsworth, 2016 UT App 2 (Utah Ct. App. 2016).
State v. Herrera, 2021 UT App 46 (Utah Ct. App. 2021).
— Utah Code § 41-6a-502(1)(c) — 1 case
State v. Houston, 2011 UT App 350 (Utah Ct. App. 2011).
— Utah Code § 41-6a-502(2) — 1 case
Becker v. Sunset City, 2013 UT 51 (Utah 2013). “" Ura Copr § 41-6a-502(2). 3 . Our holding, of course, is limited to the application of the substantial evidence standard of review to the specific evidence presented in this case.”
— Utah Code § 41-6a-502(2)(c)(i) — 1 case
State v. Cissel, 2024 UT App 139 (Utah Ct. App. 2024).
— Utah Code § 41-6a-502(l)(a) — 3 cases
State v. Outzen, 2017 UT 30 (Utah 2017). “The Plain Language of Utah Code Section 41-6a-517 Does Not Require Impairment ¶7 Utah Code section 41-6a-517 provides that “[i]n cases not amounting to a violation of Section 41-6a-502 [the DUI statute], a person may not operate or be in actual physical control of a motor…”
State v. Eumana-moranchel, 277 P.3d 549 (Or. 2012). “08 percent BAC within two hours of driving); Utah: Utah Code Ann § 41-6a-502(l)(a) and (c) (offense committed if driver has .”
Burgess v. Dep't of Corr., 2017 UT App 186 (Utah Ct. App. 2017).
— Utah Code § 41-6a-502(l)(b) — 2 cases
State v. Outzen, 2017 UT 30 (Utah 2017). “The Plain Language of Utah Code Section 41-6a-517 Does Not Require Impairment ¶7 Utah Code section 41-6a-517 provides that “[i]n cases not amounting to a violation of Section 41-6a-502 [the DUI statute], a person may not operate or be in actual physical control of a motor…”
United States v. Gorder, 726 F. Supp. 2d 1307 (D. Utah 2010). “Specifically, both officers testified that (1) Gorder failed to signal when making a left turn, (2) an alcoholic beverage odor emanated from the vehicle and from Gorder’s person, (3) Gorder had bloodshot eyes, (4) Gorder’s speech was slurred, (5) Gorder was nervous and shaky,…”
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