76-9-701.   Intoxication -- Release of arrested person or placement in detoxification center.
     (1) A person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger the person or another, in a public place or in a private place where the person unreasonably disturbs other persons.
     (2) (a) A peace officer or a magistrate may release from custody a person arrested under this section if the peace officer or magistrate believes imprisonment is unnecessary for the protection of the person or another.
     (b) A peace officer may take the arrested person to a detoxification center or other special 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 the minor's second or subsequent violation of this section, the court:
     (a) shall order the minor to participate in an educational series as defined in Section 41-6a-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 found by a court to have violated this section, the court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
     (b) Notwithstanding the requirement in Subsection (4)(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 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 by a court to have violated this section, the provisions regarding suspension of the driver's license under Section 78A-6-606 apply to the violation.
     (6) When the court issues an order suspending a person's driving privileges for a violation 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
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Last revised: Thursday, May 28, 2009