Having immediate physical control over a vehicle, while impaired by alcohol or drugs.
This statute requires a lot of explanation, more than is in this text.
Having "immediate physical control" basically means that you have to
take very little action to be able to operate a vehicle. So obviously
you must be close to one, have the keys, and the opportunity to start
driving. In some cases nationwide, suspects have been found guilty for
merely being within a few feet of a car and in possession of the keys.
Other cases, or States, require that the suspect actually be driving
the vehicle. Utah tends to be more in the middle.
"Impairment" can be determined by two means. One is the infamous
breathalizer test. In Utah a 0.08 BAC (blood alcohol content) is
considered impairment. The other means is by the Police Officer
deciding that he/she has reason to believe you are impaired reguardless
of BAC testing. Everyone is affected by alcohol differently. Some
people can become impaired after one beer. But nearly all cases of DUI
are proven in Utah with a BAC test. If you are drinking and are close
to your car, give your keys to a friend who is not drinking, this will
help avoid any misunderstanding between you and a Police Officer!!
This is a State Code (41-6-44) and a Class B Misdemeanor.
This is an Orem City Code (10.56.140) and a Class B Misdemeanor.