Utah § 76-11-217 - Carrying a dangerous weapon while under the influence of alcohol or drugs.
Full text of Utah Utah Code § 76-11-217 — Carrying a dangerous weapon while under the influence of alcohol or drugs., with citation guidance and answers to common questions.
§ 76-11-217. Carrying a dangerous weapon while under the influence of alcohol or drugs.
Effective 5/6/2026 76-11-217.
Carrying a dangerous weapon while under the influence of alcohol or drugs.
An actor commits carrying a dangerous weapon while under the influence of alcohol or drugs if the actor:
(a)
carries a dangerous weapon that is readily accessible by the actor for immediate use; and
(b)
is under the influence of:
(i)
alcohol as determined by the actor's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
(ii)
a controlled substance as defined in Section 58-37-101.
(3)
A violation of Subsection (2) is a class B misdemeanor.
(4)
This section does not apply to:
(a)
an actor who uses or threatens to use force in compliance with Section 76-2-402;
(b)
an actor carrying a dangerous weapon in the actor's residence or the residence of another individual with the consent of the individual who is lawfully in possession of the residence;
has a valid prescription for a controlled substance;
(ii)
takes the controlled substance described in Subsection (4)(d)(i) as prescribed; and
(iii)
after taking the controlled substance, the actor:
(A)
is not a danger to the actor or another individual; or
(B)
is capable of safely handling a dangerous weapon.
(5)
It is not a defense to prosecution under this section that the actor:
(a)
is licensed in the pursuit of wildlife of any kind;
(b)
has a concealed carry permit as described in Section 53-5a-303;
(c)
has a provisional concealed carry permit as described in Section 53-5a-304;
(d)
has a temporary concealed carry permit issued under Section 53-5a-305;
(e)
has a concealed carry permit lawfully issued by or in another state; or
(f)
is 21 years old or older and may otherwise lawfully possess a concealed loaded firearm without a concealed carry permit as described in Section 53-5a-101.5.
Section 76-11-217 ("Carrying a dangerous weapon while under the influence of alcohol or drugs.") 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.
How do I cite Utah § 76-11-217?
A common citation format is "Utah Code § 76-11-217" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-11-217 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
