Utah Code 41-6a-513. Acceptance of plea of guilty to DUI — Restrictions — Verification of prior violations — Prosecutor to examine defendant’s record

41-6a-513. Acceptance of plea of guilty to DUI — Restrictions — Verification of prior violations — Prosecutor to examine defendant‘s record.

(1)

An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea:

Terms Used In Utah Code 41-6a-513

Arrest: Taking physical custody of a person by lawful authority.
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means any conviction arising from a separate episode of driving for a violation of:

(i)	driving under the influence under Section 41-6a-502;

(ii)

(A)	for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or

(B)

for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Writing: includes :Utah Code 68-3-12.5

(a)

in open court;

(b)	in writing; or

(c)	by another means of communication which the court finds adequate to record the prosecutor’s agreement.

(2)

(a)

Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant’s record contains a conviction, arrest, or charge for:

(i)	more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);

(ii)

a felony violation of:

(A)	Section 41-6a-502; or

(B)	Section 76-5-102.1; or

(iii)

a violation of Section 76-5-207.

(b)

If the defendant’s record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if:

(i)

approved by:

(A)	a district attorney;

(B)	a deputy district attorney;

(C)	a county attorney;

(D)	a deputy county attorney;

(E)	the attorney general; or

(F)	an assistant attorney general; and

(ii)	the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.

Amended by Chapter 116, 2022 General Session

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