Background:
The 18th 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
- 10,532 DUI-related arrests were made in FY 2020, 537 more (+5%) than in FY 2019.
- Despite a slight increase last year, Utah’s DUI-related arrest rate (32.9 per 10,000 population) has declined steadily over the past 10 years, with a 34% decrease since FY 2011 (associated with 3,284 fewer arrests in FY 2020 than in FY 2011), even as the population has greatly 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 2020 displayed the following characteristics: o 72% of arrestees were male (25% female, with 2% unspecified). o 37% of arrestees were between 25-36 years of age, followed by 23% 37-48, 14% 21-24, 14% 49 and older, and 12% under 21.
- The majority of arrests (57%) were made by city/municipal police departments, with the rest split between Utah Highway Patrol (32%) and county sheriff’s offices (11%).
- Over forty percent (41%) of the arrests did not have a BAC reported, and 11% of arrestees refused testing. Of those with a BAC reported, 43% exceeded .15. Additionally, 10% fell between .05-.07, an increase over previous years with the first full fiscal year under the new statutory level (.05) in effect since January 2019.
- It was the first DUI-related arrest for 72% of arrestees, with 19% having one prior arrest and another 9% having two or more prior arrests for DUI.
- The 12% of arrestees under the age of 21 is up slightly (11% in FY2019), and the 1,306 total arrests of underage persons is up 19% over 2019 (though in line with FY2017 levels).
- It is still too soon to see any definitive impacts of changing the statutory BAC level to .05, though there does appear to be a slight increase in arrests after the implementation date.
- Consistent with previous years, 80% of the arrests were for per se violations where the driver had a blood/breath alcohol concentration (BAC) over the legal limit (now .05 as of December 30, 2018), 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 from FY 2014-18 and remained stable in FY2019, decreased sharply (-41%) in FY 2020.
- Arrests included 1,981 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 decreased last year, particularly fatalities, after increases in 2018. o Crashes decreased 2% from CY 2018 to 1,921 in CY 2019; injuries decreased 5% to 1,167 in CY 2019; and fatalities dropped 60% to 19 in CY 2019 the lowest number in over ten years.
- DUI/drug-related crashes, injuries, and fatalities also all decreased in 2019, particularly fatalities, after significant increases on all indicators in the previous ten years. o Crashes decreased 2% from CY 2018 to 1,039 in CY 2019 (was up 93% 2009-18).
- Injuries stayed stable at 774 in CY 2019 (773 in CY 2018, was up 75% 2009-18). o Drug-positive driver fatalities decreased 31% from CY 2018 to 67 in CY 2019. The 97 fatalities in CY 2018 had previously represented a 273% increase since 2010.
- The most common drug types found in drug-positive driver fatalities in CY 2019 were depressants (e.g., sedatives); marijuana/THC; stimulants (e.g., methamphetamine); and opioids (e.g., oxycodone).
Courts: Adjudications and Sanctions
- In FY 2020, there were 6,568 DUI-related cases disposed by Utah’s Justice Courts.
- 76% resulted in a guilty plea or verdict.
- In FY 2020, there were 2,545 DUI-related cases disposed by the state’s District Courts.
- 79% resulted in a guilty plea or verdict.
- FY 2020 slightly reversed a trend whereby an increasing number and percentage of DUIrelated cases had been handled in the District Courts over the previous ten years.
Courts: Orders for Assessment, Treatment, and Education
- Justice Court judges ordered offenders to undergo a substance use disorder screening and assessment in 4,392 cases (88% of guilty), ordered substance use disorder treatment in 3,031 cases (61%), and ordered an educational series in 2,982 cases (60%).
- District Court judges ordered offenders to undergo a substance use disorder screening and assessment in 1,173 cases (58% of guilty), ordered substance use disorder treatment in 1,185 cases (59%), and ordered an educational series in 379 cases (19%).
- Treatment orders have generally increased over the past ten years in both courts.
Driver License Control
- 5,663 hearings were conducted in FY 2020 to determine if there was sufficient information to warrant the suspension or revocation of the individual’s driver license.
- 4,454 (79%) involved at least one of the parties calling in for the hearing.
- In 2,159 (38%) 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.