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Utah · Through 2026 General Session

Utah Code § 41-6a-513: Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.

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Where this section sits in the code
  1. Title 41 Motor Vehicles
  2. Chapter 41-6a Traffic Code
  3. Part 41-6a-5 Driving Under the Influence and Reckless Driving

(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:

(A) Section 41-6a-502; or

(B) Section 76-5-102.1; or

(iii) a violation of 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.

Collected 2026-09-03T11:34:33Z. Source file · JSON

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