32B-4-423. Immunity regarding alcohol consumption offenses when seeking emergency aid for another person.

242 words·~1 min read·/ut/title-32b/chapter-4/32b-4-423

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(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 76-9-110(2) 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.

Amended by Chapter 173 , 2025 General Session