Utah § 6a-401.8 - Sentencing requirements for a violation of operator duties at the scene of an accident violations.
Full text of Utah Utah Code § 6a-401.8 — Sentencing requirements for a violation of operator duties at the scene of an accident violations., with citation guidance and answers to common questions.
§ 6a-401.8. Sentencing requirements for a violation of operator duties at the scene of an accident violations.
Effective 7/1/2026 41-6a-401.8.
Sentencing requirements for a violation of operator duties at the scene of an accident violations.
(1)
As used in this section:
(a)
"24-7 sobriety program" means the same as that term is defined in Section 41-6a-515.5.
(b)
"Assessment" means the same as that term is defined in Section 41-6a-501.
(c)
"Screening" means the same as that term is defined in Section 41-6a-501.
(2)
As part of a sentence for a conviction of a class A misdemeanor offense described in Subsection 41-6a-401(8)(b) or 41-6a-401.3(4)(a):
(a)
the court shall:
(i)
(A)
subject to Subsection (3), impose a jail sentence of not less than two days; or
(B)
require the individual to work in a compensatory-service work program for not less than 48 hours;
(ii)
impose a fine of not less than $700;
(iii)
(A)
order the individual to pay the administrative impound fee described in Section 41-6a-1406; or
(B)
if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
(iv)
(A)
order the individual to pay the towing and storage fees described in Section 72-9-603; or
(B)
if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
(b)
the court may:
(i)
order the individual to participate in a screening;
(ii)
order the individual to participate in an assessment, if an assessment is found appropriate by a screening under Subsection (2)(b)(i);
(iii)
order the individual to obtain substance abuse treatment if the screening or assessment described in Subsection (2)(b)(i) or (ii) determines that substance abuse treatment is appropriate;
(iv)
order the individual to participate in an educational series if the court does not order substance abuse treatment under Subsection (2)(b)(iii);
(v)
order probation for the individual in accordance with Section 41-6a-507; or
(vi)
order the individual to participate in a 24-7 sobriety program if the individual is 21 years old or older.
(3)
(a)
If an individual described in Subsection (2) is participating in a 24-7 sobriety program, the court may suspend the jail sentence imposed under Subsection (2)(a).
(b)
If an individual described in Subsection (3)(a) fails to successfully complete all of the requirements of the 24-7 sobriety program, the court shall impose the sentence suspended under Subsection (3)(a).
(4)
As part of a sentence for a conviction of a third degree felony offense described in Subsection 41-6a-401(8)(c) or 41-6a-401.3(4)(b):
(a)
the court shall:
(i)
(A)
subject to Subsection (5), impose a jail sentence of not less than 10 days; or
(B)
impose a jail sentence of not less than five days in addition to home confinement of not fewer than 30 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;
(ii)
order the individual to participate in an educational series if the court does not order substance abuse treatment under Subsection (4)(b)(iii);
(iii)
impose a fine of not less than $800;
(iv)
order probation for the individual in accordance with Section 41-6a-507;
(v)
(A)
order the individual to pay the administrative impound fee described in Section 41-6a-1406; or
(B)
if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
(vi)
(A)
order the individual to pay the towing and storage fees described in Section 72-9-603; or
(B)
if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
(b)
the court may:
(i)
order the individual to participate in a screening;
(ii)
order the individual to participate in an assessment, if an assessment is found appropriate by a screening under Subsection (4)(b)(i);
(iii)
order the individual to obtain substance abuse treatment if the screening or assessment described in Subsection (4)(b)(i) or (ii) determines that substance abuse treatment is appropriate; or
(iv)
order the individual to participate in a 24-7 sobriety program if the individual is 21 years old or older.
(5)
(a)
If an individual described in Subsection (4) is participating in a 24-7 sobriety program, the court may suspend the jail sentence imposed under Subsection (4)(a) after the individual has served a minimum of:
(i)
five days of the jail sentence for a second conviction; or
(ii)
10 days of the jail sentence for a third or subsequent conviction.
(b)
If an individual described in Subsection (5)(a) fails to successfully complete all of the requirements of the 24-7 sobriety program, the court shall impose the sentence suspended under Subsection (5)(a).
(6)
As part of a sentence for a conviction of a second degree felony offense described in Subsection 41-6a-401.3(4)(c):
impose a jail sentence of not less than 10 days in addition to home confinement of not fewer than 60 consecutive days through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506; or
(C)
impose a jail sentence of not less than 10 days in addition to ordering the individual to obtain substance abuse treatment, if the court finds that substance abuse treatment is more likely to reduce recidivism than imposing a jail sentence and is in the interest of public safety;
(ii)
order the individual to participate in an educational series if the court does not order substance abuse treatment under Subsection (6)(b)(iii);
(iii)
impose a fine of not less than $800;
(iv)
order probation for the individual in accordance with Section 41-6a-507;
(v)
(A)
order the individual to pay the administrative impound fee described in Section 41-6a-1406; or
(B)
if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
(vi)
(A)
order the individual to pay the towing and storage fees described in Section 72-9-603; or
(B)
if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
(b)
the court may order the individual to:
(i)
participate in a screening;
(ii)
participate in an assessment, if an assessment is found appropriate by a screening under Subsection (6)(b)(i);
(iii)
obtain substance abuse treatment if the screening or assessment described in Subsection (6)(b)(i) or (ii) determines that substance abuse treatment is appropriate; or
(iv)
participate in a 24-7 sobriety program if the individual is 21 years old or older.
(7)
(a)
If an individual described in Subsection (6) is participating in a 24-7 sobriety program, the court may suspend the jail sentence imposed under Subsection (6)(a) after the individual has served a minimum of:
(i)
five days of the jail sentence for a second conviction; or
(ii)
10 days of the jail sentence for a third or subsequent conviction.
(b)
If an individual described in Subsection (7)(a) fails to successfully complete all of the requirements of the 24-7 sobriety program, the court shall impose the sentence suspended under Subsection (7)(a).
Section 6a-401.8 ("Sentencing requirements for a violation of operator duties at the scene of an accident violations.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
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How does Utah § 6a-401.8 apply to my situation?
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