| (1) |
Terms Used In Utah Code 41-6a-516- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- drugs: means :
| (i) | a controlled substance as defined in Section 58-37-2; |
| (iii) | a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
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| (a) |
In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or drugs or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test or tests as authorized in Section 41-6a-520 are admissible as evidence. |
| (b) |
| (i) |
In a criminal proceeding, noncompliance with Section 41-6a-520 does not render the results of a chemical test inadmissible. |
| (ii) |
Evidence of a defendant‘s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution. |
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| (2) |
This section does not prevent a court from receiving otherwise admissible evidence as to a defendant’s blood or breath alcohol level or drug level at the time relevant to the alleged offense. |
Renumbered and Amended by Chapter 2, 2005 General Session
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