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Local DUI and related ordinances and reckless driving ordinances
-- Consistent with code. (1) An ordinance adopted by a local authority that governs the following matters shall be consistent with the
provisions in this code which govern the following matters:
(a) a person's operating or
being in actual physical control of a motor vehicle while having alcohol in the blood or while under the influence of alcohol
or any drug or the combined influence of alcohol and any drug; or
(b) in relation to any
of the matters described in Subsection (1)(a), the use of:
(i) a chemical test or chemical
tests;
(ii) evidentiary presumptions;
(iii) penalties;
or
(iv) any combination of the matters described in Subsection (1).
(2) An ordinance adopted by a local authority that governs reckless driving, or operating a vehicle in willful or wanton
disregard for the safety of persons or property shall be consistent with the provisions of this code which govern those matters.
Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.
(1) A person may
not operate or be in actual physical control of a vehicle within this state if the person:
(a)
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;
(b) 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
(c) has a blood or breath alcohol concentration of .08 grams or
greater at the time of operation or actual physical control.
(2) Alcohol concentration
in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall
be based upon grams of alcohol per 210 liters of breath.
(3) A violation of this section
includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
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