Background:
The 20th 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
- 10,413 DUI-related arrests were made in FY 2022, 206 fewer (-2%) than in FY 2021.
- Despite arrest numbers stabilizing recently, Utah’s DUI-related arrest rate (31.2 per 10,000 population) has declined steadily over the past 10 years, with a 27% decrease since FY 2013 (associated with 1,814 fewer arrests in FY 2022 than in FY 2013), even as the population has greatly increased in the same time (17% increase in statewide population).
- The majority of arrests occurred along the Wasatch Front, with Salt Lake, Davis, Utah, and Weber Counties accounting for 66% of the total. While counties outside the Wasatch Front only accounted for 34% of the total, this was disproportionate to their population (25%).
- DUI-related arrests in FY 2022 displayed the following characteristics:
- 74% of arrestees were male (24% female, with 2% unspecified).
- 37% of arrestees were between 25-36 years of age, followed by 24% 37-48, 13% 21-24, 15% 49 and older, and 11% under 21.
- The majority of arrests (58%) were made by city/municipal police departments, with the rest split between Utah Highway Patrol (29%) and county sheriff’s offices (13%).
- Half (50%) of the arrests did not have a BAC reported, and 13% of arrestees refused testing. Of those tested with a BAC reported, 41% exceeded .15. Additionally, 8% fell between .05-.07, a slight decrease from FY 2021 in the third full fiscal year under the new statutory level (.05) in effect since January 2019.
- 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 previous years, and the 1,145 total arrests in this category are down 11% from FY 2021 (lowest since FY 2019).
- Changing the statutory BAC level to .05 has not led to a significant increase in DUI arrests to date, though arrest numbers have stabilized in the three years since the change.
- 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 (-74%) once again in FY 2022 to only 22 (now down 94% since FY 2018).
- Arrests included 1,367 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 2022.
DUI and Drug-Related Crashes, Injuries, and Fatalities
- The numbers of DUI/alcohol-related fatalities increased in CY 2021 for the second straight year; alcohol-related crashes and injured persons remained stable.
- Fatalities jumped 27% to 61 in CY 2021 (from 48 in CY 2020); crashes increased slightly (+3%) to 918 (from 895), while injuries decreased slightly (-7%) to 313 (from 336).
- DUI/drug-related fatalities continued to increase in CY 2021 for the seventh consecutive year, even while crashes and injured persons both decreased significantly.
- Drug-positive driver fatalities increased 7% from 118 in CY 2020 to 126 in CY 2021. These fatalities have increased more than three-fold (+241%) over the past ten years.
- Crashes decreased 22% to 188 in CY 2021 (from 242 in 2020).
- Injuries decreased 36% in CY 2021 to 41 (from 64 in 2020).
- The most common drug types found in drug-positive driver fatalities in CY 2021 were stimulants (e.g., methamphetamine); marijuana/THC; depressants (e.g., sedatives); and opioids (e.g., oxycodone).
- Crash fatalities in Utah overall were up significantly in 2021 (+52 (19%) over 2020, and +80 (32%) since 2019), and almost 60% of fatalities are now related to alcohol or drugs.
Courts: Adjudications and Sanctions
- In FY 2022, there were 7,650 DUI-related cases disposed by Utah’s Justice Courts.
- 81% resulted in a guilty plea or verdict.
- In FY 2022, there were 3,202 DUI-related cases disposed by the state’s District Courts.
- 81% resulted in a guilty plea or verdict.
Courts: Orders for Assessment, Treatment, and Education
- Justice Court judges ordered offenders to undergo a substance use disorder screening and assessment in 4,783 cases (77% of guilty), ordered substance use disorder treatment in 3,272 cases (53%), and ordered an educational series in 2,879 cases (47%).
- District Court judges ordered offenders to undergo a substance use disorder screening and assessment in 1,383 cases (54% of guilty), ordered substance use disorder treatment in 1,555 cases (60%), and ordered an educational series in 502 cases (19%).
- Treatment orders have generally increased over the past ten years in both courts
Driver License Control
- 3,436 hearings were conducted in FY 2022 (up 2%) to determine if there was sufficient information to warrant the suspension or revocation of the individual’s driver license.
- 3,076 (90%) involved at least one of the parties calling in for the hearing.
- In 1,334 (39%) 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.