Background:
The 19th 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
- 10,619 DUI-related arrests were made in FY 2021, 87 more (< +1%) than in FY 2020.
- Despite a slight increase recently, Utah’s DUI-related arrest rate (32.5 per 10,000 population) has declined steadily over the past 10 years, with a 30% decrease since FY 2012 (associated with 2,412 fewer arrests in FY 2021 than in FY 2012), 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 67% of the total. While counties outside the Wasatch Front only accounted for 33% of the total, this was disproportionate to their population (25%).
- DUI-related arrests in FY 2021 displayed the following characteristics: o 74% of arrestees were male (24% female, with 2% unspecified).
- 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 (31%) and county sheriff’s offices (12%).
- Almost half (49%) of the arrests did not have a BAC reported, and 12% of arrestees refused testing. Of those tested with a BAC reported, 43% exceeded .15. Additionally, 9% fell between .05-.07, a slight decrease from FY 2020 in the second full fiscal year under the new statutory level (.05) in effect since January 2019.
- It was the first DUI-related arrest for 70% of arrestees, with 19% having one prior arrest and another 11% having two or more prior arrests for DUI.
- The 12% of arrestees under the age of 21 is consistent with previous years, and the 1,287 total arrests in this category are down slightly from FY 2020 (but up 17% from FY 2019).
- Changing the statutory BAC level to .05 has not had a significant impact on DUI arrests to date.
- Consistent with previous years, 82% of the arrests were for per se violations where the driver had a blood/breath alcohol concentration (BAC) over the legal limit (now .05), 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, decreased sharply (-63%) once again in FY 2021 (now down 79% since FY 2018).
- Arrests included 1,626 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 were down in FY 2021.
DUI and Drug-Related Crashes, Injuries, and Fatalities
- The numbers of DUI/alcohol-related crashes, injuries, and fatalities all increased last year, particularly fatalities, after decreases in 2019.
- Crashes increased 3% from CY 2019 to 1,978 in CY 2020; injuries increased 13% to 1,320 in CY 2020; and fatalities jumped 142% to 46 in CY 2020 following a 60% decrease in CY 2019, when there were only 19 fatalities.
- DUI/drug-related crashes and fatalities also increased in 2020, particularly fatalities, after a significant decrease on all indicators in 2019. o Crashes increased 3% from CY 2019 to 1,067 in CY 2020.
- Injuries decreased 11% in CY 2020 to 688 (from 773 in CY 2019).
- Drug-positive driver fatalities increased 60% from CY 2019 to 107 in CY 2020 after dropping 31% to 67 fatalities in CY 2019.
- The most common drug types found in drug-positive driver fatalities in CY 2020 were marijuana/THC; stimulants (e.g., methamphetamine); depressants (e.g., sedatives); and opioids (e.g., oxycodone).
Courts: Adjudications and Sanctions
- In FY 2021, there were 7,260 DUI-related cases disposed by Utah’s Justice Courts.
- 79% resulted in a guilty plea or verdict.
- In FY 2021, there were 2,921 DUI-related cases disposed by the state’s District Courts.
- 81% resulted in a guilty plea or verdict.
- FY 2021 continued a trend whereby an increasing number and percentage of DUI-related cases have 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 4,434 cases (77% of guilty), ordered substance use disorder treatment in 3,028 cases (52%), and ordered an educational series in 2,940 cases (51%).
- District Court judges ordered offenders to undergo a substance use disorder screening and assessment in 1,358 cases (57% of guilty), ordered substance use disorder treatment in 1,486 cases (62%), and ordered an educational series in 519 cases (22%).
- Treatment orders have generally increased over the past ten years in both courts.
Driver License Control
- 3,370 hearings were conducted in FY 2021 (down 40%) to determine if there was sufficient information to warrant the suspension or revocation of the individual’s driver license.
- 3,046 (90%) involved at least one of the parties calling in for the hearing.
- In 1,248 (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