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Appendix A
Motor Vehicle Statutes That Address Child Endangerment

UTAH

Utah Code Ann. § 41-6-44(2005)
Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Measurement of blood or breath alcohol -- Criminal punishment -- Arrest without warrant -- Penalties -- Suspension or revocation of license

(2)(a) A person may not operate or be in actual physical control of a vehicle within this state if the person:

  1. has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
  2. is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
  3. has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control;
  4.  (A) is 21 years of age or older;

    (B) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;

    (C) has a passenger under 16 years of age in the vehicle at the time of operation or actual physical control; and

    (D) committed the offense within ten years of a prior conviction; or

  5. (A) is 21 years of age or older;

(B) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control;

(C) has a passenger under 16 years of age in the vehicle at the time of operation or actual physical control; and

(D) committed the offense within ten years of a prior conviction. 

(3) (a) A person convicted the first or second time of a violation of Subsections (2)(a)(i) through (iii) is guilty of a:

  1. class B misdemeanor; or
  2. class A misdemeanor if the person: . . .

    (B) had a passenger under 16 years of age in the vehicle at the time of the offense; or

    (C) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense.

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