Law Offices of David Laurence Altman

Drunk driving is the catch all phrase for driving under the influence of alcohol, drugs or a combination of both. Drunk driving laws apply to all vehicles and Utah has an extremely broad definition of vehicles, including vehicles that are not motorized. Police in Utah have been known to make DUI arrests of individuals riding bicycles and in rare cases individuals on horseback! Under Utah Code 41-6a-102(72) the term “vehicle” “means any device in, on, or by which a person or property is or may be transported or drawn on a highway, except devices used exclusively on stationary rails or tracks.” Motorized vehicles include the expected cars, trucks and motorcycles but also include boats, jet skis, dirt bikes, atvs, snowmobiles and even riding lawn mowers. Utah laws do not require actual driving. The Utah DUI code provides that “ a person may not operate or be in actual physical control of a vehicle…” If you are impaired or intoxicated and are in a vehicle or have access (keys) to your nearby vehicle, you can be charged with a DUI even if there is no evidence of actual driving. 41-6a-102. Definitions. As used in this chapter: (1) “Alley” means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. (2) “All-terrain type I vehicle” has the same meaning as defined in Section 41-22-2. (3) “Authorized emergency vehicle” includes: (a) fire department vehicles; (b) police vehicles; (c) ambulances; and (d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. (4) (a) “Bicycle” means a wheeled vehicle: (i) propelled by human power by feet or hands acting upon pedals or cranks; (ii) with a seat or saddle designed for the use of the operator; (iii) designed to be operated on the ground; and (iv) whose wheels are not less than 14 inches in diameter. (b) “Bicycle” includes an electric assisted bicycle. (c) “Bicycle” does not include scooters and similar devices. (5) (a) “Bus” means a motor vehicle: (i) designed for carrying more than 15 passengers and used for the transportation of persons; or (ii) designed and used for the transportation of persons for compensation. (b) “Bus” does not include a taxicab.