Utah statute
Utah Code Ann. § 41-6a-513 — Acceptance of plea of guilty to DUI - Restrictions - Verification of prior violations - Prosecutor to examine defendant's record.
Current through 2026 General Session
Part of Part 5: Driving Under the Influence and Reckless Driving, Utah Code.
Full text of Utah Code Ann. § 41-6a-513
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(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: (1)(a) in open court; (1)(b) in writing; or (1)(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: (2)(a)(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); (2)(a)(ii) a felony violation of: (2)(a)(ii)(A) Section 41-6a-502; or (2)(a)(ii)(B) Section 76-5-102.1; or (2)(a)(iii) a violation of Section 76-5-207. (2)(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: (2)(b)(i) approved by: (2)(b)(i)(A) a district attorney; (2)(b)(i)(B) a deputy district attorney; (2)(b)(i)(C) a county attorney; (2)(b)(i)(D) a deputy county attorney; (2)(b)(i)(E) the attorney general; or (2)(b)(i)(F) an assistant attorney general; and (2)(b)(ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.
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