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Utah’s impaired-driving law is pretty straightforward.

• It’s against the law to drive under the influence of alcohol.

• You are considered legally drunk when you are in physical control of a vehicle and have a blood alcohol concentration of 0.08 or higher.

• You can’t drink any alcoholic beverage while driving or as a passenger in a motor vehicle at any time. And you can’t carry an open container of alcohol in the passenger compartment of a vehicle.

But many drivers might ask how many drinks it takes to be impaired. This, of course, varies by the individual and can be affected by age, gender, physical condition, food consumed and medication. Also, different mixed drinks contain different amounts of alcohol.

But, for the average person, there is some impairment after one-half to two drinks. As few as three of the right kinds of drinks can raise the blood alcohol level to 0.08 percent. In that case, the average risk of a crash is 10 times more than normal for adult and 70 to 80 times normal for someone under 21.

Costs of getting a DUI can be severe.
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Utes linebacker Nai Fotu was arrested Sunday morning on suspicion of driving under the influence.

The Utah Highway Patrol Lt. Steve Winward says 22-year-old Timote Nai Fotu (Fo-too) was stopped about 2 a.m. Sunday on state Route 21 while driving west in eastbound traffic.

Winward says Fotu failed a field sobriety test.

Salt Lake County Jail records show Fotu was booked for investigation of DUI, driving in one-way traffic, driving without a license, speeding, unlawful possession or consumption of alcohol and possessing an open container.  A jail officer says Fotu posted bail on Monday and was released.

It was not immediately clear whether Fotu had an attorney.  Fotu has played for the Utes since 2007. He missed the 2010 season after a knee injury.

Utah football coach Kyle Whittingham issued a statement Monday saying, “Effective immediately, Nai Fotu has been suspended from our football team until further notice.”

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Minors who get busted for driving under the influence could get a break under a bill approved Tuesday by the Utah Senate.

SB28, sponsored by Senate Majority Leader Scott Jenkins, R-Plain City, would allow underage motorists to have their license reinstated by the court after two years if the driver is under 19 years, or after six months if the driver is between 19 and 21 years old.

To qualify, the offender must complete a screening and assessment program, comply with the terms of probation, and provide a sworn statement that he or she has not consumed alcohol during the suspension period.

Two years ago, the Legislature enacted a law suspending an underage driver with a DUI until the offender is 21 years old. But that law has proven to be too harsh, said Jenkins, with individuals unable to drive to work or school, in some cases, for several years.

“What drives this is the desire to give some of these 18-year-olds a chance to get back their license,” Jenkins said during earlier debate on the bill.

The measure cleared the Senate 26-0 and now goes to the House.

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The Senate Judiciary, Law Enforcement and Criminal Justice Committee backed a bill proposed by Senate Majority Leader Scott Jenkins that would reduce the penalty for underage drunken drivers but would increase the penalty for those stopped on suspicion of driving under the influence and not submitting to a sobriety test.

Currently, underage drinkers arrested for drunken driving have their license suspended for two years. SB28 would reduce the suspension to a year. However, if a person pulled over refuses the test, his or her license could be suspended upwards of two years rather than the current 18 months.

Jenkins said the result of the “Not a Drop” program on this front has resulted in more underage motorists who drive on suspended licenses.

“You do worry about forcing people underground and driving without a license,” Jenkins said. We’re trying to toughen this up, too. This is a bit of compromise.”

Among the other provisions of the bill are a requirement for underage drunken drivers to sign a sworn affidavit that shows they haven’t had access or consumed alcohol during the time of the suspension and Jenkins was open to the idea of requiring blood alcohol tests for violators.

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SALT LAKE CITY (AP) — A Summit County sheriff’s office detective says the pilot of the U.S. Olympic gold medal-winning four-man bobsled team was arrested for driving under the influence in Park City last year, months before the Vancouver Games.

Summit County sheriff’s Det. Ron Bridge says Steve Holcomb was arrested during a traffic stop Oct. 22, 2009. Bridge confirmed the arrest to The Associated Press on Sunday.

Bridge says Holcomb was pulled over for a traffic violation. He says Holcomb failed a a field sobriety test and was arrested on suspicion of driving under the influence. Bridge says a breath test given to Holcomb at the Summit County Jail registered 0.19 more than twice Utah’s legal limit of 0.08.

A pretrial hearing is set for Dec. 7.

A recent report showed Utah to have the lowest DUI death rate.

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Officials say Utah has the lowest DUI-death rate in the nation due largely to a Utah Highway Patrol initiative to crack down on drunken drivers.

A report by the Utah Commission on Criminal and Juvenile Justice presented to a legislative committee Wednesday says 16.4 percent of all traffic deaths in the state were alcohol-related in 2009.

It’s the lowest ranking in the country, where the average is 32.1 percent.

Thirty-one people died in Utah in DUI crashes last year, three fewer than the year before.

UHP superintendent Col. Daniel Fuhr says troopers stepped up their DUI enforcement as part of an initiative to make 10 percent more arrests than last year. The result was a 26 percent increase.

However, he tells lawmakers not to expect the figures to be sustained at in the future. Fuhr says the UHP’s priority this year is seat-belt use.

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The Utah Supreme Court says information provided by a man’s girlfriend was enough for authorities to reasonably suspect he was driving under the influence of alcohol.

The court on Friday reversed an appeals court decision involving a a DUI charge for Jose Roybal.

Roybal was arrested in 2005 after drinking at his home, getting into an argument with his girlfriend and leaving. After he left, she called 911. He was later arrested, largely because of information the woman provided police.

The appeals court concluded the woman was an unreliable source because she may have had ulterior motives.

In its 4-1 decision, though, the Utah Supreme Court said the girlfriend was reliable enough to give dispatchers a reasonable suspicion that Roybal was driving while intoxicated.

In almost every DUI case there is a way around a conviction. Obviously this man had to go all the way to the supreme court, but it would be in anyone’s best interest to hire an experienced DUI/DWI lawyer when accused of drunk driving.

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Video Courtesy of KSL.com

SALT LAKE CITY — Underage drinking is illegal.

“They’re under 21. They shouldn’t have been drinking,” says defense attorney Cara Tangaro.

Drinking and driving is illegal.

“Obviously, we don’t want kids to drink, and we don’t want them to be in an automobile,” says Rep. Carol Spackman Moss, D-Holladay.

Kids who break the law must be punished.

“You make your bed. You lay in it,” says Robert Milliner, a father from Ogden.

Minors shouldn’t be drinking. They shouldn’t be drinking and driving, that’s not controversial. The dispute centers on the punishment itself. A KSL 5 News investigation reveals the new DUI penalties facing Utah minors.

Utah’s liquor laws saw some major changes last year, including the end of private clubs and memberships. But there was another change that didn’t grab as many headlines: new penalties for underage drinkers who drive.

“I never thought this would happen to me, and it did,” 17-year-old Krystal Milliner says.

“This is the first offense I’ve ever had,” 19-year-old Craig Arnoldus says. “I don’t have anything on my legal or my driving record, and yet I’m done.”

Done, because of Utah’s Not a Drop DUI law. Craig and Krystal both know they’re not supposed to drink alcohol. They didn’t realize that minors who drink — even a drop — and then drive, are committing a DUI.

“I thought .08 was the limit for everyone,” Krystal says.

“I stayed the night where I drank and decided to drive when I was sober,” Craig says.

But sober does not matter. Since 1992, it has been illegal for a minor to drink any alcohol and drive. What is new are the tougher penalties for minors who break this zero tolerance law.

Defense attorney Cara Tangaro represents both Krystal and Craig. She says she was shocked when she learned about the strict new punishment her clients now face. read more…

Law enforcement agencies across the state are reporting an increase in arrests of people suspected of driving under the influence of alcohol or drugs. Salt Lake County alone has seen a record-breaking 40 percent increase this year. Troopers with the Utah Highway Patrol say they’ve also seen an increase in the number of people driving under the influence of drugs. Troopers want drivers to understand they are watching closely and expanding their efforts to stop impaired drivers.

“We aggressively look for impaired drivers. It is [...] one of our big pushes,” said Lt. Robert Anderson of the Utah Highway Patrol.

Law enforcement officials are also reminding motorists that the court fines, legal fees and increased insurance rates associated with a DUI arrest can easily add up to thousands of dollars, which is much more costly than safe alternatives like arranging a taxi cab ride or using a designated driver.

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SALT LAKE CITY – Republican House Speaker David Clark said he was unaware of Kevin Garns DUI arrest until Fox 13 called for comment. Clark says the House would never condone any illegal or unethical acts. During the 2010 session, Kevin Garn was on the House Ethics Committee. Garn was arrested for DUI two months after filing to be a candidate in 2006. It happened just days before he earned his party’s nomination at the 2006 State Convention.

The Davis County GOP Vice Chair, Wade Farraway says vetting candidates is up to delegates who hold cottage meetings and Q and A sessions.

“Maybe one of the questions needs to be is there anything in your criminal past or in your history that needs to be disclosed. And i think that might be asked now in some of these meetings,” says Farraway.

Caucuses will be held statewide Tuesday night. Davis County will pick its delegates who will have the responsibility to narrow down 5 candidates who want to replace Kevin Garn.

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