32B-4-409 (Effective 07/01/11) - Unlawful purchase, possession, consumption by minor -- Measurable amounts in body.
32B-4-409 (Effective 07/01/11). Unlawful purchase, possession, consumption byminor -- Measurable amounts in body.
(1) Unless specifically authorized by this title, it is unlawful for a minor to:
(a) purchase an alcoholic product;
(b) attempt to purchase an alcoholic product;
(c) solicit another person to purchase an alcoholic product;
(d) possess an alcoholic product;
(e) consume an alcoholic product; or
(f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
(2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholicproduct for a minor for:
(a) a minor to misrepresent the minor's age; or
(b) any other person to misrepresent the age of a minor.
(3) It is unlawful for a minor to possess or consume an alcoholic product while riding ina limousine or chartered bus.
(4) If a minor is found by a court to have violated this section and the violation is theminor's second or subsequent violation of this section, the court:
(a) shall order the minor to participate in an educational series as defined in Section41-6a-501; and
(b) may order the minor to participate in a screening as defined in Section 41-6a-501.
(5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is foundby a court to have violated this section, except as provided in Section 32B-4-411, the courthearing the case shall suspend the minor's driving privileges under Section 53-3-219.
(b) Notwithstanding the provision in Subsection (5)(a), the court may reduce thesuspension period required under Section 53-3-219 if:
(i) the violation is the minor's first violation of this section; and
(ii) the minor completes an educational series as defined in Section 41-6a-501.
(6) When a minor who is at least 13 years old, but younger than 18 years old, is found bythe court to have violated this section, Section 78A-6-606 applies to the violation.
(7) When a court issues an order suspending a person's driving privileges for a violationof this section, the Driver License Division shall suspend the person's license under Section53-3-219.
(8) When the Department of Public Safety receives the arrest or conviction record of aperson for a driving offense committed while the person's license is suspended pursuant to thissection, the Department of Public Safety shall extend the suspension for an additional like periodof time.
(9) This section does not apply to a minor's consumption of an alcoholic product inaccordance with this title:
(a) for medicinal purposes if:
(i) the minor is at least 18 years old; or
(ii) the alcoholic product is furnished by:
(A) the parent or guardian of the minor; or
(B) the minor's health care practitioner, if the health care practitioner is authorized by lawto write a prescription; or
(b) as part of a religious organization's religious services.
Enacted by Chapter 276, 2010 General Session