76-9-701. Intoxication — Release of arrested person or placement in detoxification center.
| (1) |
A person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger the person or another, in a public place or in a private place where the person unreasonably disturbs other persons. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class C misdemeanor | up to 90 days | up to $750 |
For details, see
Utah Code § 76-3-204
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Terms Used In Utah Code 76-9-701
- 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.
- 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.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (2) |
| (a) |
A peace officer or a magistrate may release from custody a person arrested under this section if the peace officer or magistrate believes imprisonment is unnecessary for the protection of the person or another. |
| (b) |
A peace officer may take the arrested person to a detoxification center or other special facility as an alternative to incarceration or release from custody. |
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| (3) |
| (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. |
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| (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. |
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| (4) |
| (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, the court hearing the case shall suspend the minor’s driving privileges under Section 53-3-219. |
| (b) |
Notwithstanding the requirement in Subsection (4)(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. |
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| (c) |
Notwithstanding the requirement in Subsection (4)(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 (4)(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 (4)(a). |
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| (5) |
When a person who is younger than 18 years old is found by a court to have violated this section, the provisions regarding suspension of the driver’s license under Section 80-6-707 apply to the violation. |
| (6) |
Notwithstanding Subsections (3)(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 based on the results of a validated assessment. |
| (7) |
When the court issues an order suspending a person’s driving privileges for a violation of this section, the person’s driver license shall be suspended under Section 53-3-219. |
| (8) |
An offense under this section is a class C misdemeanor. |
Amended by Chapter 262, 2021 General Session
