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

Utah Statutes

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

Utah § 41-6a-513

Title 41Motor Vehicles

Ch. 41-6aTraffic Code

Part 41-6a-5Driving Under the Influence and Reckless Driving

This text of Utah § 41-6a-513 (Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 41-6a-513 (2026).

Text

(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)(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)(

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(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) (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.