Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-2 — Criminal Homicide
Utah Code

Utah Code § 76-5-207 (2026)

Automobile homicide -- Penalties -- Evidence

✓ current as of May 2026
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7/1/2026

As used in this section:
"Controlled substance" means the same as that term is defined in Section 58-37-101.
"Criminally negligent" means the same as that term is described in Subsection 76-2-103(4).
"Drug" means:
a controlled substance;
a drug as defined in Section 58-37-101; or
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.
"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.
"Vehicle" means the same as that term is defined in Section 41-6a-501.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits automobile homicide if the actor:
operates a vehicle in a negligent or criminally negligent manner causing the death of another individual; and
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;
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
operates a vehicle in a criminally negligent manner causing death to another; and
has in the actor's body any measurable amount of a controlled substance.
Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty of:
a second degree felony, punishable by a term of imprisonment of not less than five years nor more than 15 years; and
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.
An actor is not guilty of a violation of automobile homicide under Subsection (2)(b) if:
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;
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
the actor possessed, in the actor's body, a controlled substance listed in Section 58-37-109 if:
the actor is the subject of medical research conducted by a holder of a valid license to possess controlled substances under Section 58-37-105 or 58-37-113; and
the substance was administered to the actor by the medical researcher.
A judge imposing a sentence under this section may consider:
the adult sentencing and supervision length guidelines, as defined in Section 75E-4-101;
the defendant's history;
the facts of the case;
aggravating and mitigating factors; or
any other relevant fact.
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.
The standards for chemical breath analysis under Section 41-6a-515 and the provisions for the admissibility of chemical test results under Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.
A calculation of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(3).
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.
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.
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.
If, when imposing a sentence under this section, the court finds that it is in the interest of justice to suspend the imposition of prison, the court shall detail the finding on the record, including why a suspended prison sentence is in the interest of justice.
Notwithstanding Subsection (3)(a), the court may impose a sentence of not less than three years nor more than 15 years if the court details on the record why it is in the interest of justice.
A judge imposing a sentence under this section shall designate the defendant as an interdicted person, as that term is defined in Section 32B-1-102, for a period of time not to exceed the probationary period, unless the court finds good cause to order a shorter or longer time.
If a court designates a person as an interdicted person as described in Subsection (8)(a), the court shall:
require the person to surrender the person's Utah identification card or Utah driver license;
notify the Driver License Division that the person is an interdicted person; and
provide the person's identification card or driver license to the Driver License Division.
If a minor who is under 18 years old is found by a court to have violated Subsection (2)(b), the court may order the minor to complete:
a screening as defined in Section 41-6a-501;
an assessment as defined in Section 41-6a-501 if the screening described in Subsection (9)(a) indicates that an assessment is appropriate; and
an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (9)(b).
Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1977–2025 · leading case: State v. Chavez, 605 P.2d 1226 (Utah 1979).
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State v. Chavez, 605 P.2d 1226 (Utah 1979). · cites it 20× “WILKINS, Justice: Defendant appeals from a jury verdict of guilty of automobile homicide in violation of Section 76-5-207, [1] and from the judgment entered thereon by the District Court for Salt Lake County.”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). · cites it 4× “1984)); Utah Code Ann. § 76-5-207 (2)(a) (offense called "automobile homicide, a third degree felony" and requires proof of intoxication and simple negligence); N.”
State v. MacGuire, 2004 UT 4 (Utah 2004). · cites it 4× “Utah Code Ann. § 76-5-207 (1)(a), (2)(a) (1999).”
State v. Perez-Avila, 131 P.3d 864 (Utah Ct. App. 2006). · cites it 11× “Based on a blood draw taken just after the accident, which put Defendant’s blood alcohol concentration over the legal limit, as well as other witness testimony presented at trial, Defendant was convicted by a jury of two counts of automobile homicide, second degree felonies, see…”
State v. Bryan, 709 P.2d 257 (Utah 1985). · cites it 6× “untary intoxication as a defense; (3) that due process requires that defendant be charged under the automobile homicide statute; and (4) that the crime of manslaughter in the criminal code has the same elements as negligent homicide as defined in the motor vehicle code and that…”
State v. Cooke, 2025 UT 6 (Utah 2025). · cites it 8× “3 So, under section 76-5-207, a person now commits automobile homicide if the person “operates a vehicle in a criminally negligent manner causing death to another; and .”
State v. Crick, 675 P.2d 527 (Utah 1983). · cites it 4× “" We conclude that § 76-5-201 and the succeeding sections under the heading of "criminal homicide" (through § 76-5-207) amount to such a designation.”
State v. Durrant, 561 P.2d 1056 (Utah 1977). · cites it 8× “The relevant provisions of Section 76-5-207, under which defendant was convicted, specify: (1) Criminal homicide constitutes automobile homicide if the actor, while under the influence of intoxicating liquor, a controlled substance, or any drug, to a degree which renders the…”
State v. Ainsworth, 2017 UT 60 (Utah 2017). · cites it 3× “§ 76-5-207(2). *1234 And the legislature obviously deemed that difference significant.”
State v. Wight, 765 P.2d 12 (Utah Ct. App. 1988). · cites it 4× “Wight asserts the trial court erred in: 1) admitting expert testimony into evidence without adequate foundation; 2) failing to order a new trial based on ineffective assistance of counsel; 3) failing to declare a mistrial due to juror bias; 4) admitting Wight's blood sample and…”
State v. Larsen, 578 P.2d 1280 (Utah 1978). · cites it 4× “At the close of the State’s evidence, defendant moved to dismiss the charges against him on the ground that the State had failed to prove a prima facie case since the term “another” in Section 76-5-207, infra, could not be interpreted to include an unborn fetus.”
State v. Bredehoft, 966 P.2d 285 (Utah Ct. App. 1998). · cites it 4× “Bredehoft appeals his conviction for automobile homicide in the death of young Sean Adkins, a second degree felony, in violation of Utah Code Ann. § 76-5-207 (2) (1995). 1 We affirm.”
Show all 30 citing cases →
— Utah Code § 76-5-207(1) — 2 cases
State v. Chavez, 605 P.2d 1226 (Utah 1979). “WILKINS, Justice: Defendant appeals from a jury verdict of guilty of automobile homicide in violation of Section 76-5-207, [1] and from the judgment entered thereon by the District Court for Salt Lake County.”
State in Interest of KKH, 610 P.2d 849 (Utah 1980).
— Utah Code § 76-5-207(1)(a)(i) — 1 case
State v. Ainsworth, 2016 UT App 2 (Utah Ct. App. 2016).
— Utah Code § 76-5-207(2) — 4 cases
State v. Ainsworth, 2017 UT 60 (Utah 2017). “§ 76-5-207(2). *1234 And the legislature obviously deemed that difference significant.”
State v. Cooke, 2025 UT 6 (Utah 2025). “3 So, under section 76-5-207, a person now commits automobile homicide if the person “operates a vehicle in a criminally negligent manner causing death to another; and .”
State v. Tripp, 2008 UT App 388 (Utah Ct. App. 2008).
Ainsworth v. State of Utah (D. Utah 2021).
— Utah Code § 76-5-207(2)(a) — 3 cases
State v. Cooke, 2025 UT 6 (Utah 2025). “3 So, under section 76-5-207, a person now commits automobile homicide if the person “operates a vehicle in a criminally negligent manner causing death to another; and .”
State v. Perez-Avila, 131 P.3d 864 (Utah Ct. App. 2006). “Based on a blood draw taken just after the accident, which put Defendant’s blood alcohol concentration over the legal limit, as well as other witness testimony presented at trial, Defendant was convicted by a jury of two counts of automobile homicide, second degree felonies, see…”
State v. Herrera, 2021 UT App 46 (Utah Ct. App. 2021).
— Utah Code § 76-5-207(2)(a)(ii) — 1 case
State v. Ainsworth, 2016 UT App 2 (Utah Ct. App. 2016).
— Utah Code § 76-5-207(2)(b) — 1 case
State v. Cooke, 2025 UT 6 (Utah 2025). “3 So, under section 76-5-207, a person now commits automobile homicide if the person “operates a vehicle in a criminally negligent manner causing death to another; and .”
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