76-9-701 - Intoxication -- Release of arrested person or placement in detoxification center.
76-9-701. Intoxication -- Release of arrested person or placement in detoxificationcenter.
(1) A person is guilty of intoxication if the person is under the influence of alcohol, acontrolled substance, or any substance having the property of releasing toxic vapors, to a degreethat the person may endanger the person or another, in a public place or in a private place wherethe person unreasonably disturbs other persons.
(2) (a) A peace officer or a magistrate may release from custody a person arrested underthis section if the peace officer or magistrate believes imprisonment is unnecessary for theprotection of the person or another.
(b) A peace officer may take the arrested person to a detoxification center or otherspecial facility as an alternative to incarceration or release from custody.
(3) 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.
(4) (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, the court hearing the case shall suspend the minor'sdriving privileges under Section 53-3-219.
(b) Notwithstanding the requirement in Subsection (4)(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.
(5) When a person who is at least 13 years old, but younger than 18 years old, is found bya court to have violated this section, the provisions regarding suspension of the driver's licenseunder Section 78A-6-606 apply to the violation.
(6) When the court issues an order suspending a person's driving privileges for aviolation of this section, the person's driver license shall be suspended under Section 53-3-219.
(7) An offense under this section is a class C misdemeanor.
Amended by Chapter 390, 2009 General Session