Background:
The 21st 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
- 11,246 DUI-related arrests were made in FY 2023, 833 more (+8%) than in FY 2022.
- Despite the slight increase in the past year, Utah’s DUI-related arrest rate (33.3 per 10,000 population) has declined steadily over the past 15 years (12% decrease since FY 2014, 42% since FY 2009), even as the population has greatly increased in the same time (23% increase in statewide population). The rate has stabilized in the low 30s the past 6 years.
- The majority of arrests occurred along the Wasatch Front, with Salt Lake, Davis, Utah, and Weber Counties accounting for 68% of the total. While counties outside the Wasatch Front only accounted for 32% of the total, this was disproportionate to their population (25%).
- DUI-related arrests in FY 2023 displayed the following characteristics: o 73% of arrestees were male (24% female, with 2% unspecified).
- 36% of arrestees were between 25-36 years of age, followed by 25% 37-48, 14% 21-24, 15% 49 and older, and 10% under 21.
- The majority of arrests (55%) were made by city/municipal police departments, with the rest split between Utah Highway Patrol (31%) and county sheriff’s offices (14%).
- Nearly half (47%) of the arrests did not have a BAC reported, and 13% of arrestees refused testing. Of those tested with a BAC reported, 38% exceeded .15 (down from 51% in FY 2018). 11% fell between .05-.07, the highest rate to date under the new statutory level (.05) in effect since January 2019.
- It was the first DUI-related arrest for 73% of arrestees, with 18% having one prior arrest and another 9% having two or more prior arrests for DUI.
- The 10% of arrestees under the age of 21 is consistent with previous years, and the 1,163 total arrests in this category are still among the lowest levels in the past ten years.
- Changing the statutory BAC level to .05 led to a slight increase in DUI arrests in the first three and a half years, though the estimated effect jumped significantly in FY 2023.
- 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, remained stable in FY 2023 at only 34 (down 91% since FY 2018).
- Arrests included 1,551 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 up in FY 2023.
DUI and Drug-Related Crashes, Injuries, and Fatalities
- The numbers of DUI/alcohol-related fatalities increased in CY 2022 for the third straight year; alcohol-related crashes remained stable and injured persons decreased significantly.
- Fatalities jumped 13% to 69 in CY 2021 (from 61 in CY 2021); crashes decreased slightly (-1%) to 908 (from 918), while injuries decreased significantly (-26%) to 231 (from 313).
- DUI/drug-related fatalities continued to increase in CY 2022 for the eighth consecutive year, even while crashes and injured persons both remained relatively stable.
- Drug-positive driver fatalities increased 19% from 127 in CY 2021 to 151 in CY 2022. These fatalities have increased more than three-fold (+236%) over the past ten years.
- Crashes increased 17% to 219 in CY 2022 (from 188 in 2021).
- Injuries increased 7% in CY 2022 to 176 (from 164 in 2021).
- The most common drug types found in drug-positive driver fatalities in CY 2021 were stimulants (e.g., methamphetamine); depressants (e.g., sedatives); marijuana/THC; and, to a lesser extent, opioids (e.g., oxycodone).
- Crash fatalities in Utah overall were down slightly in 2022 (-9 (-3%) over 2021, though still +71 (29%) since 2019), but almost 70% of fatalities are now related to alcohol or drugs.
Courts: Adjudications and Sanctions
- In FY 2023, there were 8,280 DUI-related cases disposed by Utah’s Justice Courts.
- 78% resulted in a guilty plea or verdict.
- In FY 2022, there were 3,885 DUI-related cases disposed by the state’s District Courts.
- 83% 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 5,141 cases (79% of guilty), ordered substance use disorder treatment in 3,336 cases (51%), and ordered an educational series in 2,886 cases (44%).
- District Court judges ordered offenders to undergo a substance use disorder screening and assessment in 1,785 cases (56% of guilty), ordered substance use disorder treatment in 2,035 cases (63%), and ordered an educational series in 591 cases (18%).
- Treatment orders have generally increased over the past ten years in both courts.
Driver License Control
- 3,804 hearings were conducted in FY 2023 (up 11%) to determine if there was sufficient information to warrant the suspension or revocation of the individual’s driver license.
- 3,436 (90%) involved at least one of the parties calling in for the hearing.
- In 1,403 (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.