S.B. 13 Enrolled

DUI PLEA RESTRICTIONS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: D. Chris Buttars
This act modifies the Motor Vehicles Code by providing restrictions on when a court can
accept a plea of guilty or no contest in a driving under the influence of alcohol or drugs
case. This act requires that a court receive verification that the prosecutor agrees to the
plea, the prosecutor files a criminal information, or the court receives verification of no
prior offenses from a law enforcement agency.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
41-6-43.8, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-43.8 is enacted to read:
41-6-43.8. Acceptance of plea of guilty to DUI _ Restrictions -- Verification of
prior violations -- Prosecutor to examine defendant's record.
(1) A court may not accept a plea of guilty or no contest to a charge under Section
41-6-44 unless:
(a) the prosecutor agrees to the plea:
(i) in open court;
(ii) in writing; or
(iii) by another means of communication which the court finds adequate to record the
prosecutor's agreement;
(b) the charge is filed by information as defined under Section 77-1-3 ; or
(c) the court receives verification from a law enforcement agency that the defendant's
driver license record contains no record of a conviction, arrest, or charge for:
(i) more than one prior violation within the previous ten years of any offense which, if
the defendant were convicted, would qualify as a "conviction" as defined under Subsection
41-6-44 (1);

(ii) a felony violation of Section 41-6-44 ; or
(iii) automobile homicide under Section 76-5-207 .
(2) A verification under Subsection (1)(c) may be made by:
(a) a written indication on the citation;
(b) a separate written document; or
(c) any other means which the court finds adequate to record the law enforcement
agency's verification.
(3) Prior to agreeing to a plea of guilty or no contest or to filing an information under
Subsection (1), the prosecutor shall examine the criminal history or driver license record of the
defendant.
(4) A plea of guilty or no contest is not made invalid by the failure of the court,
prosecutor, or law enforcement agency to comply with this section.

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