Full text of Utah Utah Code § 76-9-110 — Public intoxication., with citation guidance and answers to common questions.
§ 76-9-110. Public intoxication.
Effective 5/7/2025
76-9-110.
Public intoxication.
| (1) |
| (a) | As used in this section, "minor" means an individual who is younger than 21 years old. |
| (b) | Terms defined in Section 76-1-101.5 apply to this section. |
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| (2) | An actor commits public intoxication if the actor:
| (a) |
| (i) | is in a public place; or |
| (ii) | in a private place where the actor could unreasonably disturb other individuals; |
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| (b) | is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors; and |
| (c) | is under the influence to a degree that it may endanger the actor or another individual. |
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| (3) | A violation of Subsection (2) is a class C misdemeanor. |
| (4) |
| (a) | A peace officer or a magistrate may release an actor from custody arrested under this section if the peace officer or magistrate believes incarceration is unnecessary for the protection of the actor or another individual. |
| (b) | A peace officer may take the actor to a detoxification center or other special facility as an alternative to incarceration or release from custody. |
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| (5) |
| (a) | If a minor is found by a court to have committed a violation of Subsection (2) and the violation is the minor's first violation of Subsection (2), the court may:
| (i) | order the minor to complete a screening as defined in Section 41-6a-501; |
| (ii) | order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and |
| (iii) | order the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment. |
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| (b) | If a minor is found by a court to have violated Subsection (2) and the violation is the minor's second or subsequent violation of Subsection (2), the court shall:
| (i) | order the minor to complete a screening as defined in Section 41-6a-501; |
| (ii) | order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and |
| (iii) | order the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment. |
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| (6) |
| (a) | When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated Subsection (2), the court shall suspend the minor's driving privileges under Section 53-3-219. |
| (b) | Notwithstanding the requirement in Subsection (6)(a), the court may reduce the suspension period required under Section 53-3-219 if:
| (i) | the violation is the minor's first violation of Subsection (2); and |
| (ii) |
| (A) | the minor completes an educational series as defined in Section 41-6a-501; or |
| (B) | the minor demonstrates substantial progress in substance use disorder treatment. |
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| (c) | Notwithstanding the requirement in Subsection (6)(a) and in accordance with the requirements of Section 53-3-219, the court may reduce the suspension period required under Section 53-3-219 if:
| (i) | the violation is the minor's second or subsequent violation of Subsection (2); |
| (ii) | the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and |
| (iii) |
| (A) | the minor is 18 years old or older and provides a sworn statement to the court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a); or |
| (B) | the minor is under 18 years old and has the minor's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a). |
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| (7) | When a minor who is younger than 18 years old is found by a court to have violated Subsection (2), the provisions regarding suspension of the driver's license under Section 80-6-707 apply to the violation. |
| (8) | Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section 80-6-701, the court may only order substance use disorder treatment or an educational series if the minor has an assessed need for the intervention based on the results of a validated assessment. |
| (9) | When the court issues an order suspending an actor's driving privileges for a violation of Subsection (2), the actor's driver license shall be suspended under Section 53-3-219. |
Renumbered and Amended by Chapter
173, 2025 General Session
Frequently Asked Questions About Utah § 76-9-110
What does Utah Code § 76-9-110 cover?
Section 76-9-110 ("Public intoxication.") 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 § 76-9-110?
A common citation format is "Utah Code § 76-9-110" (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 § 76-9-110 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.
