Background:
The 17th 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
- 9,995 DUI-related arrests were made in FY 2019, 388 fewer (-4%) than in FY 2018.
- Utah’s DUI-related arrest rate (31.6 per 10,000 population) has declined steadily over the past 10 years, with a nearly 44% decrease since FY 2010 (associated with 5,290 fewer arrests in FY 2019 than there were in FY 2010), even as the population has markedly increased in the same time (16% increase in statewide population).
- The majority of arrests occurred along the Wasatch Front, with Salt Lake, Davis, Utah, and Weber Counties accounting for 70% of the total. While counties outside the Wasatch Front only accounted for 30% of the total, this was disproportionate to their population (25%).
- DUI-related arrests in FY 2019 displayed the following characteristics: o 71% of arrestees were male (27% female).
- 37% of arrestees were between 25-36 years of age, followed by 22% 37-48, 13% 21-24, 16% 49 and older, and 11% under 21.
- The majority of arrests (57%) were made by city/municipal police departments, with the rest split between Utah Highway Patrol (31%) and county sheriff’s offices (12%).
- Over forty percent (41%) of the arrests did not have a BAC reported, and 8% of arrestees refused testing. Of those with a BAC reported, almost half (48%) exceeded .15. Additionally, 7% fell between .05-.07, an increase over previous years with six months of the new statutory level (.05).
- 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 11% of arrestees under the age of 21 is consistent with recent years, though the 1,101 total arrests of underage persons is down 25% since 2013, when there were 1,460.
- It is too soon to assess the impact of changing the statutory level to .05, though there did not appear to be a significant change in arrests after the implementation date.
- Consistent with previous years, 79% of the arrests were for per se violations where the driver had a .08 (.05 as of December 30, 2018)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.
- Drug metabolite arrests, which had increased sharply in FY 2018 and preceding years, stabilized in FY 2019.
- Arrests included 2,124 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. These overtime shifts have been increasing.
DUI and Drug-Related Crashes, Injuries, and Fatalities
- The numbers of DUI/alcohol-related crashes, injuries, and fatalities all increased this year, particularly fatalities, after several years of stability or decline.
- Crashes increased 8% from CY 2017 to 1,968 in CY 2018; injuries increased 6% to 1,223 in CY 2018; and fatalities jumped 33% to 48 (19% of total) in CY 2018.
- 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 6% from CY 2017 to 1,057 in CY 2018, and +93% since 2009. o Injuries increased 6% from CY 2017 to 774 in CY 2018, +75% since 2009.
- Drug-positive driver fatalities increased 10% from CY 2017 to 97 in CY 2018 (now over one-third of all crash fatalities). The 97 fatalities also represent a 273% increase since 2010.
- The most common drug types found in drug-positive driver fatalities in CY 2018 were marijuana/THC; stimulants (e.g., methamphetamine); depressants (e.g., sedatives); and opioids (e.g., oxycodone).
Courts: Adjudications and Sanctions
- In FY 2019, there were 7,725 DUI-related cases disposed by Utah’s Justice Courts.
- 78% resulted in a guilty plea or verdict.
- In FY 2019, there were 3,316 DUI-related cases disposed by the state’s District Courts.
- 80% resulted in a guilty plea or verdict.
- An increasing number and percentage 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 4,271 cases (71% of guilty), ordered substance use disorder treatment in 2,985 cases (49%), and ordered an educational series in 2,803 cases (46%).
- District Court judges ordered offenders to undergo a substance use disorder screening and assessment in 1,301 cases (49% of guilty), ordered substance use disorder treatment in 1,432 cases (54%), and ordered an educational series in 420 cases (16%).
- Treatment orders have increased significantly over the past ten years in both courts.
Driver License Control
- 3,835 hearings were conducted in FY 2019 to determine if there was sufficient information to warrant the suspension or revocation of the individual’s driver license.
- 2,905 (76%) involved at least one of the parties calling in for the hearing.
- In 1,293 (34%) 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.