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 Breathalyzer 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 regardless 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.