The legislature has defined when you are guilty of intoxication:
76-9-701. Intoxication — Release of arrested person or placement in a detoxification center.
(1) A person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors. To the degree that the person may endanger the person or another, the person unreasonably disturbs other persons in a public place or a private area. (2) (a) A peace officer or a magistrate may release from custody a person arrested under this section if the peace officer or magistrate believes imprisonment is unnecessary for protecting the person or another. (b) A peace officer may take the arrested person to a detoxification center or other special facility as an alternative to incarceration or release from custody. (3) If a minor is found by a court to have violated this section and the violation is the minor’s second or subsequent violation of this section, the court: (a) shall order the minor to participate in an educational series as defined in Section 41-6a-501; and (b) may order the minor to participate in screening as defined in Section 41-6a-501. (4) (a) When a minor who is at least 18 years old but younger than 21 years old is found by a court to have violated this section, the court hearing the case shall suspend the minor’s driving privileges under Section 53-3-219. (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the suspension period required under Section 53-3-219 if: (i) the violation is the minor’s first violation of this section; and (ii) the minor completes an educational series as defined in Section 41-6a-501. (5) When a person who is at least 13 years old but younger than 18 years old is found by a court to have violated this section, the provisions regarding suspension of the driver’s license under Section 78A-6-606 apply to the violation. (6) When the court issues an order suspending a person’s driving privileges for a violation of this section, the person’s driver’s license shall be suspended under Section 53-3-219. (7) An offense under this section is a class C misdemeanor.
Utah Public Intoxication Attorney.
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