Background:
The Sixteenth Annual DUI Report to the Utah Legislature was prepared in accordance with §41-6a-511 of the Utah Code. The statute requires the Utah Commission on Criminal and Juvenile Justice to prepare an annual report of DUI related data, including the following:
- Data collected by the state courts to allow sentencing and enhancement decisions to be made in accordance with violations involving driving under the influence of alcohol and/or other drugs;
- Data collected by the justice courts (same DUI related data elements collected by the state courts); and
- Any measures for which data are available to evaluate the profile and impacts of DUI recidivism and to evaluate the DUI related processes of: law enforcement; adjudication; sanctions; driver license control; and alcohol education, assessment, and treatment.
Law Enforcement: DUI-Related Arrests & Enforcement Activities
- 10,383 DUI-related arrests were made in FY 2018, 379 fewer (-3.5%) than in FY 2017.
- Utah’s DUI-related arrest rate (33.5 per 10,000 population) has declined steadily over the past 10 years, with a nearly 43% decrease since FY 2009, even as the population has markedly increased in the same time.
- The majority of arrests occurred along the Wasatch Front, with Salt Lake, Davis, Utah, and Weber Counties accounting for 69% of the total. While counties outside the Wasatch Front only accounted for 31% of the total, this was disproportionate to their population (24.5%).
- DUI-related arrests in FY 2018 displayed the following characteristics:
- 72% of arrestees were male (26% female). o 38% of arrestees were between 25-36 years of age, followed by 21% 37-48, 15% 21-24, 14% 49 and older, and 12% under 21. The youngest arrestee was 14.
- The majority of arrests (59%) were made by city/municipal police departments, with the rest split between Utah Highway Patrol (29%) and county sheriff’s offices (12%).
- The average (mean/median) blood/breath alcohol content (BAC) for arrestees with test results reported was .16 (twice the legal limit of .08), and the highest was .49, over six times the legal limit. 38% of the arrests did not have a BAC reported, and 7% of arrestees refused testing.
- It was the first DUI-related arrest for 71% of arrestees, with 19% having one prior arrest and another 10% having two or more prior arrests for DUI.
- The 12% of arrestees under the age of 21 is consistent with recent years, though the 1,255 total arrests of underage DUIs is down 14% since 2013, when there were 1,460.
- Consistent with previous years, 79% of the arrests were for per se violations where the driver had a .08 or greater blood/breath alcohol concentration, or was impaired by alcohol, other drugs, or a combination of the two to the extent it was unsafe to operate a vehicle.
- There was a sharp (49%) increase in drug metabolite arrests, from 268 in FY 2017 to 398 in FY 2018. This continues a longer upward trend since 2014 (+180%).
- Arrests included 2,247 made during specialized DUI overtime enforcement events such as enforcement blitzes, saturation patrols, and DUI sobriety checkpoints that involved law enforcement agencies throughout the state.
DUI and Drug-Related Crashes, Injuries, and Fatalities
- The numbers of DUI/alcohol-related crashes, injuries, and fatalities have remained fairly stable, with a recent decline in each.
- Crashes decreased 7% from CY 2016 to 1,825 in CY 2017; injuries decreased 6% to 1,149 in CY 2017; and fatalities remained stable at 36 (13.2% of total).
- DUI/drug-related crashes, injuries, and fatalities, on the other hand, have all shown a marked increase over the past ten years, and especially in recent years.
- Crashes increased 27% from CY 2016 to 1,002 in CY 2017, and +83% since 2012.
- Injuries increased 43% from CY 2016 to 732 in CY 2017, +91% since 2012.
- Drug-positive driver fatalities increased 22% from CY 2016 to 88 in CY 2017 (now almost one-third of all crash fatalities). The 88 fatalities also represents a 138% increase since 2012, and over 7 times the number of fatalities ten years ago (2008).
- The most common drug types found in drug-positive driver fatalities in CY 2017 were stimulants (e.g., methamphetamine, 47%); opioids (e.g., oxycodone, 36%); marijuana/THC (31%); and depressants (e.g., sedatives, 25%).
Courts: Adjudications and Sanctions
- In FY 2018, there were 8,277 DUI-related cases disposed by Utah’s Justice Courts.
- 78% resulted in a guilty plea or verdict.
- In FY 2018, there were 3,443 DUI-related cases disposed by the state’s District Courts.
- 77% resulted in a guilty plea or verdict.
- An increasing number of DUI-related cases have been handled in the District Courts over the past ten years.
Courts: Orders for Assessment, Treatment, and Education
- Justice Court judges ordered offenders to undergo a substance use disorder screening and assessment in 4,558 cases (71% of guilty), ordered substance use disorder treatment in 3,018 cases (47%), and ordered an educational series in 2,985 cases (46%).
- District Court judges ordered offenders to undergo a substance use disorder screening and assessment in 1,173 cases (44% of guilty), ordered substance use disorder treatment in 1,418 cases (53%), and ordered an educational series in 476 cases (18%).
- Treatment orders have increased significantly over the past ten years in both courts. Driver License Control
- 4,116 hearings were conducted in FY 2018 to determine if there was sufficient information to warrant the suspension or revocation of the individual’s driver license.
- 3,103 (75%) involved at least one of the parties calling in for the hearing.
- In 1,530 (37%) of the cases, no action could be taken against the driver due to the absence of the arresting officer at the hearing or other factors.