32B-4-409. Unlawful purchase, possession, consumption by minor — Measurable amounts in body.
(1)
Unless specifically authorized by this title, it is unlawful for a minor to:
Terms Used In Utah Code 32B-4-409
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Arrest: Taking physical custody of a person by lawful authority.
Chartered bus: means a passenger bus, coach, or other motor vehicle provided by a bus company to a group of persons pursuant to a common purpose:
(a)
under a single contract;
(b)
at a fixed charge in accordance with the bus company's tariff; and
(c)
to give the group of persons the exclusive use of the passenger bus, coach, or other motor vehicle, and a driver to travel together to one or more specified destinations. See Utah Code 32B-1-102
Conviction: A judgement of guilt against a criminal defendant.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Limousine: means a motor vehicle licensed by the state or a local authority, other than a bus or taxicab:
(a)
in which the driver and a passenger are separated by a partition, glass, or other barrier;
(b)
that is provided by a business entity to one or more individuals at a fixed charge in accordance with the business entity's tariff; and
(c)
to give the one or more individuals the exclusive use of the limousine and a driver to travel to one or more specified destinations. See Utah Code 32B-1-102
Prescription: means an order issued by a health care practitioner when:
(a)
the health care practitioner is licensed under Title 58, Occupations and Professions, to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b)
the order is made in the course of that health care practitioner's professional practice; and
(c)
the order is made for obtaining an alcoholic product for medicinal purposes only. See Utah Code 32B-1-102
solicit another person to purchase an alcoholic product;
(d)
possess an alcoholic product;
(e)
consume an alcoholic product; or
(f)
have measurable blood, breath, or urine alcohol concentration in the minor’s body.
(2)
It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic product for a minor for:
(a)
a minor to misrepresent the minor’s age; or
(b)
any other person to misrepresent the age of a minor.
(3)
It is unlawful for a minor to possess or consume an alcoholic product while riding in a limousine or chartered bus.
(4)
(a)
If a minor is found by a court to have violated this section and the violation is the minor’s first violation of this section, the court may:
(i)
order the minor to complete a screening as defined in Section 41-6a-501;
(ii)
order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(iii)
order the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.
(b)
If a minor is found by a court to have violated this section and the violation is the minor’s second or subsequent violation of this section, the court shall:
(i)
order the minor to complete a screening as defined in Section 41-6a-501;
(ii)
order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(iii)
order the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.
(5)
(a)
When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, except as provided in Section 32B-4-411, the court hearing the case shall suspend the minor’s driving privileges under Section 53-3-219.
(b)
Notwithstanding the provision in Subsection (5)(a), the court may reduce the suspension period required under Section 53-3-219 if:
(i)
the violation is the minor’s first violation of this section; and
(ii)
(A)
the minor completes an educational series as defined in Section 41-6a-501; or
(B)
the minor demonstrates substantial progress in substance use disorder treatment.
(c)
Notwithstanding the requirement in Subsection (5)(a) and in accordance with the requirements of Section 53-3-219, the court may reduce the suspension period required under Section 53-3-219 if:
(i)
the violation is the minor’s second or subsequent violation of this section;
(ii)
the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A)
the person is 18 years old or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (5)(a); or
(B)
the person is under 18 years old and has the person’s parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian‘s knowledge the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (5)(a).
(6)
When a minor who is younger than 18 years old is found by the court to have violated this section, Section 80-6-707 applies to the violation.
(7)
Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section 80-6-701, the court may only order substance use disorder treatment or an educational series if the minor has an assessed need for the intervention on the basis of the results of a validated assessment.
(8)
When a court issues an order suspending a person’s driving privileges for a violation of this section, the Driver License Division shall suspend the person’s license under Section 53-3-219.
(9)
When the Department of Public Safety receives the arrest or convictionrecord of a person for a driving offense committed while the person’s license is suspended pursuant to this section, the Department of Public Safety shall extend the suspension for an additional like period of time.
(10)
This section does not apply to a minor’s consumption of an alcoholic product in accordance with this title:
(a)
for medicinal purposes if:
(i)
the minor is at least 18 years old; or
(ii)
the alcoholic product is furnished by:
(A)
the parent or guardian of the minor; or
(B)
the minor’s health care practitioner, if the health care practitioner is authorized by law to write a prescription; or
(b)
as part of a religious organization’s religious services.
