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Grand County Justice Court - DRIVING UNDER THE INFLUENCE

  1. GRAND COUNTY JUSTICE COURT

    125 E. Center St. - Moab, UT 84532

  2. DRIVING UNDER THE INFLUENCE 41-6a-502

  3. ELEMENTS

    A person may not operate or be in actual physical control of a vehicle within this state if the person:
    (a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;
    (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
    (c) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.

  4. PENALTIES

    Driving under the influence (DUI) is a Class B Misdemeanor for a first or second offense

    SENTENCE FOR A FIRST CONVICTION, as part of the sentence the court shall:
    (1) impose a jail sentence of not less than 48 consecutive hours; or require the individual to work in a compensatory-service work program for not less than 48 hours;
    (2) order the individual to participate in a screening;
    (3) order the individual to participate in an assessment, if it is found appropriate by a screening;
    (4) order the individual to participate in an educational series if the court does not order substance abuse treatment;
    (5) impose a fine of not less than $700;
    (6) order probation for the individual in accordance with Section 41-6a-507, if there is admissible
    evidence that the individual had a blood alcohol level of .16 or higher;

  5. PENALTY ENHANCEMENTS

    A prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction is based; a third or subsequent conviction for a DUI within 10 years is a 3 rd Degree Felony

    SENTENCE FOR SECOND CONVICTION, as part of the sentence the court shall:
    (1) impose a jail sentence of not less than 240 hours; or impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument;
    (2) order the individual to participate in a screening;
    (3) order the individual to participate in an assessment, if it is found appropriate by a screening;
    (4) order the individual to participate in an educational series if the court does not order substance abuse treatment;
    (5) impose a fine of not less than $800;
    (6) order probation for the individual in accordance with Section 41-6a-507;

  6. INTERLOCK REQUIREMENTS

    Under 41-6a-518.2 offenders may be interlock restricted for 18 months from conviction date

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