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Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-4-423. Immunity regarding alcohol consumption offenses when seeking emergency aid for another person

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A law enforcement officer may not cite or arrest a person solely because of a person's violation of a provision under Subsection (2) if the officer came into contact with the person because:

(a) the person had requested or acted in concert with another person to request emergency medical assistance for a third party who reasonably appeared to be in need of medical care due to the consumption of alcohol;

(b) the officer was responding to the request for emergency medical assistance;

(c) the person provided to the officer the person's name and identifying information as requested by the officer;

(d) the person remained at the location where the third party was located until emergency medical response personnel arrived at the location; and

(e) the person cooperated with the emergency medical assistance personnel and law enforcement officers at the location.

(2) Offenses referred to in Subsection (1) are violations of:

(a)Section 32B-4-403 regarding the unlawful sale, offer for sale, or furnishing of alcohol to a minor;

(b)Subsection 32B-4-409(1) regarding the unlawful purchase, possession, or consumption of alcohol by a minor; and

(c)Subsection 76-9-701(1) regarding intoxication when the offense involves consumption of alcohol.

(3) An officer who declines to cite or arrest a person while acting in good faith under Subsection (1) is not civilly liable.

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Cite this article: FindLaw.com - Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-4-423. Immunity regarding alcohol consumption offenses when seeking emergency aid for another person - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-32b-alcoholic-beverage-control-act/ut-code-sect-32b-4-423/

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