Section 423 - Immunity regarding alcohol consumption offenses when seeking emergency aid for another person.

UT Code § 32B-4-423 (2019) (N/A)
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(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.

(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.

(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.