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Utah Code § 41-6a-531

Access to DUI investigative reports

Enacted by Chapter 94, 2024 General Session

(1) As used in this section:

(a) "Agent" means a person's attorney that has been formally engaged.

(b) "DUI investigative report" means all materials that a peace officer gathers as part of investigating an offense described in Subsection 41-6a-501 including:

(i) the identity of witnesses and, if known, contact information;

(ii) witness statements;

(iii) photographs and videotapes;

(iv) diagrams;

(v) field notes;

(vi) test results; and

(vii) any Targeted Responsibility for Alcohol Connected Emergencies investigation report.

(2)

(a) Upon request, a law enforcement agency shall disclose an unredacted DUI investigative report to:

(i) a person who suffers loss or injury related to the person's actions that gave rise to the investigation; or

(ii) an agent, parent, or legal guardian of the person described in Subsection (2)(a)(i).

(b) A law enforcement agency responding to a request under Subsection (2)(a) may:

(i) withhold a portion of the DUI investigative report if disclosure would materially prejudice an ongoing criminal investigation or criminal prosecution;

(ii) redact or withhold any privileged information;

(iii) redact an individual's phone number or address, if disclosure of the individual's phone number or address may endanger an individual's physical safety; or

(iv) provide the DUI investigative report subject to an agreement that limits the recipient's use of the DUI investigative report to use solely for the purpose of pursuing a civil claim related to the incident.

(3) A law enforcement agency may charge a reasonable fee to cover the cost incurred by disclosing a DUI investigative report in accordance with this section.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.