Utah Carrying Under the Influence Laws

Carrying a Dangerous Weapon While Under the Influence in Utah

Statute Reference

Utah Code § 76-11-217 — Carrying a dangerous weapon while under the influence of alcohol or drugs (Effective 5/7/2025 — Renumbered and Amended by Chapter 208, 2025 General Session)

Offense

A person commits this offense if they:

1. Carry a dangerous weapon that is readily accessible for immediate use; AND
2. Are under the influence of:
   • Alcohol — as determined by blood or breath alcohol concentration in accordance with Utah Code §§ 41-6a-502(1)(a) through (c) (the same DUI standards); OR
   • A controlled substance — as defined in Utah Code § 58-37-2

Penalty

• A violation is a Class B misdemeanor.

Exceptions

The law does not apply to:

1. Self-defense — An actor who uses or threatens to use force in compliance with Utah Code § 76-2-402 (justification for use of force).
2. In a residence — An actor carrying a dangerous weapon in their own residence or in another individual's residence with the consent of the person lawfully in possession of that residence.
3. Medical cannabis users — An actor under the influence of cannabis or a cannabis product (as defined in § 26B-4-201) if their use complies with Title 26B, Chapter 4, Part 2 (Cannabinoid Research and Medical Cannabis).
4. Valid prescription holders — An actor who:
   • Has a valid prescription for a controlled substance;
   • Takes the controlled substance as prescribed; AND
   • After taking the substance, is either not a danger to themselves or others, OR is capable of safely handling a dangerous weapon.

Not a Defense

The following are explicitly not defenses to prosecution under this section:

• Having a wildlife/hunting license
• Having a concealed carry permit (§ 53-5a-303)
• Having a provisional concealed carry permit (§ 53-5a-304)
• Having a temporary concealed carry permit (§ 53-5a-305)
• Having a concealed carry permit lawfully issued by another state
• Being 21 years old or older and otherwise lawfully permitted to carry a concealed loaded firearm without a permit (§ 53-5a-101.5)

Key Takeaways for Permit Holders

• A concealed carry permit does not protect you from prosecution for carrying while under the influence.
• Utah's permitless carry law (for those 21+) also does not provide a defense.
• The alcohol threshold is tied to the same standards used for DUI offenses under § 41-6a-502.
• The law applies to any dangerous weapon, not just firearms.

Pending Legislation

Proposed 2026 General Session legislation may affect § 76-11-217: H.B. 301 / H.B. 301 S1.