2021 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 5 - Driving Under the Influence and Reckless Driving
Section 513 - Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.

Universal Citation: UT Code § 41-6a-513 (2021)
Effective 5/12/2020
41-6a-513. Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.
  • (1) An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea:
    • (a) in open court;
    • (b) in writing; or
    • (c) by another means of communication which the court finds adequate to record the prosecutor's agreement.
  • (2)
    • (a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for:
      • (i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);
      • (ii) a felony violation of Section 41-6a-502; or
      • (iii) automobile homicide under Section 76-5-207.
    • (b) If the defendant's record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if:
      • (i) approved by:
        • (A) a district attorney;
        • (B) a deputy district attorney;
        • (C) a county attorney;
        • (D) a deputy county attorney;
        • (E) the attorney general; or
        • (F) an assistant attorney general; and
      • (ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.


Amended by Chapter 70, 2020 General Session
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