2011 Utah Code
Title 32B Alcoholic Beverage Control Act
Chapter 4 Criminal Offenses and Procedure Act
Section 210 Sentencing considerations.

32B-4-210. Sentencing considerations.
(1) In sentencing an actor for a misdemeanor violation of Section 32B-4-403 or Subsection 32B-4-409(1), the court shall consider the elements under Subsection (2) as a mitigating factor.
(2) The mitigating factor referred to in Subsection (1) is:
(a) the actor committed an offense under Subsection (1) in the course of the same event regarding which the actor contacted a law enforcement agency for emergency assistance for a person whom the actor reasonably believed was, at the time the call was made, in need of medical care due to having apparently consumed an excessive amount of alcohol;
(b) the actor was younger than 21 years of age at the time of the offense;
(c) the actor was present during the incident of alcohol consumption that resulted in the actor's call to law enforcement under this section, but the actor was not involved in coercing or encouraging the endangered person to consume alcohol; and
(d) the actor was not charged with any other criminal conduct during the incident when the actor committed the offense listed under Subsection (1).