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WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Utah law uses, what it actually means, and the misreading it usually collects.

31 terms

A

Administrative traffic checkpoint

A checkpoint run on a magistrate's written authority, under a signed written plan, for impaired driving, licenses, registration, insurance, wildlife or a purpose distinct from general crime control.

Also called DUI checkpoint, roadblock

A checkpoint run on a magistrate's written authority, under a signed written plan, for impaired driving, licenses, registration, insurance, wildlife or a purpose distinct from general crime control.

What it is not

An officer cannot set one up alone: without the magistrate's authority, a stop needs a warrant, probable cause, reasonable suspicion or an emergency.

Where it applies →

Alcohol restricted driver

A driver barred, after a DUI related event, from driving with any measurable or detectable amount of alcohol in the body; driving that way is a class B misdemeanor.

Also called no alcohol restriction

A driver barred, after a DUI related event, from driving with any measurable or detectable amount of alcohol in the body; driving that way is a class B misdemeanor.

What it is not

It is not the ordinary .05 limit: any detectable amount is enough, shown by a test or by other evidence.

  • Utah Code 41-6a-530
  • Utah Code 41-6a-520
Where it applies →

C

Careless driving

Committing two or more moving violations within three miles, or a moving violation while distracted by something in the vehicle unrelated to driving, such as searching for an item or grooming.

Also called distracted driving

Committing two or more moving violations within three miles, or a moving violation while distracted by something in the vehicle unrelated to driving, such as searching for an item or grooming.

What it is not

It is an infraction, not the misdemeanor of reckless driving, which takes willful or wanton disregard for safety.

Where it applies →

Class B misdemeanor

The middle misdemeanor class, punishable by up to six months in jail and a fine of up to $1,000; a first DUI, assault and most traffic misdemeanors sit here.

The middle misdemeanor class, punishable by up to six months in jail and a fine of up to $1,000; a first DUI, assault and most traffic misdemeanors sit here.

What it is not

It is not a ticket: unlike an infraction, it can carry jail time.

Where it applies →

Clean slate

Expungement a court orders without a petition for qualifying misdemeanor cases after a set period: five years for a class C or infraction, six for a class B, seven for a class A drug possession.

Also called automatic expungement

Expungement a court orders without a petition for qualifying misdemeanor cases after a set period: five years for a class C or infraction, six for a class B, seven for a class A drug possession.

What it is not

It is not every record: felonies and cases over the conviction limits need a petition, if eligible at all.

  • Utah Code 77-40a-205
Where it applies →

Course of conduct

Two or more acts directed at a specific person, such as following, watching, threatening, contacting them or people around them, or using electronic means, directly or through others.

Two or more acts directed at a specific person, such as following, watching, threatening, contacting them or people around them, or using electronic means, directly or through others.

What it is not

One act is not a course of conduct; stalking takes at least two.

  • Utah Code 76-5-106.5
Where it applies →

D

Drug paraphernalia

Equipment used, or possessed to be used, to grow, make, store, conceal, inject, ingest or inhale a controlled substance in violation of the law.

Also called paraphernalia

Equipment used, or possessed to be used, to grow, make, store, conceal, inject, ingest or inhale a controlled substance in violation of the law.

What it is not

An unused syringe in a sealed sterile package cannot be charged as paraphernalia.

Where it applies →

DUI

Operating or being in actual physical control of a vehicle with a blood or breath alcohol concentration of .05 grams or greater, or under the influence of alcohol or any drug to a degree that makes safe driving impossible.

Also called driving under the influence, drunk driving

Operating or being in actual physical control of a vehicle with a blood or breath alcohol concentration of .05 grams or greater, or under the influence of alcohol or any drug to a degree that makes safe driving impossible.

What it is not

The line in Utah is .05, not the higher figure many people expect, and actual physical control can be enough without the vehicle moving.

  • Utah Code 41-6a-502
Where it applies →

E

Extreme DUI

A DUI with admissible evidence of a blood or breath alcohol level of .16 or higher, .05 or higher plus a measurable controlled substance, or two or more unprescribed controlled substances.

Also called high BAC

A DUI with admissible evidence of a blood or breath alcohol level of .16 or higher, .05 or higher plus a measurable controlled substance, or two or more unprescribed controlled substances.

What it is not

It is not a separate crime with its own name on the charge: it changes the sentence, starting at not less than five days in jail for a first conviction.

  • Utah Code 41-6a-501
  • Utah Code 41-6a-505
Where it applies →

F

Failure to disclose identity

Refusing, during a lawful stop, to give a name or date of birth that an officer demands for a reason related to the stop, where answering would not risk self incrimination.

Also called refusing to give a name

Refusing, during a lawful stop, to give a name or date of birth that an officer demands for a reason related to the stop, where answering would not risk self incrimination.

What it is not

The crime covers only the name or date of birth, and there is no crime where the stop itself was not lawful.

Where it applies →

Forcible felony

Crimes such as aggravated assault, murder, kidnapping, rape, arson, robbery and burglary, and other felonies using force that pose a substantial danger of death or serious bodily injury.

Crimes such as aggravated assault, murder, kidnapping, rape, arson, robbery and burglary, and other felonies using force that pose a substantial danger of death or serious bodily injury.

What it is not

Burglary of an unoccupied vehicle is not one.

  • Utah Code 76-2-402
Where it applies →

H

Home solicitation sale

A sale solicited at the buyer's home, which the buyer may cancel until midnight of the third business day after signing, by written notice.

Also called door to door sale

A sale solicited at the buyer's home, which the buyer may cancel until midnight of the third business day after signing, by written notice.

What it is not

The notice needs no special form: any written expression of not wanting to be bound is enough.

Where it applies →

Homestead exemption

The value a creditor cannot reach in a home: up to $42,000 in a primary personal residence, or $5,000 in other property.

The value a creditor cannot reach in a home: up to $42,000 in a primary personal residence, or $5,000 in other property.

What it is not

It is not an exemption from every debt: the section lists obligations it does not protect against.

  • Utah Code 78B-5-503
Where it applies →

I

Infraction

The lowest level of offense, which may not be punished by imprisonment, only by a fine of up to $750, forfeiture or disqualification.

Also called ticket offense

The lowest level of offense, which may not be punished by imprisonment, only by a fine of up to $750, forfeiture or disqualification.

What it is not

It is still a conviction, and paying the fine on a citation is entered as one.

Where it applies →

Interference with a peace officer

Interfering with a lawful arrest or detention by force or a weapon, by refusing a lawful order the arrest needs, or by refusing to stop impeding it.

Also called resisting arrest, obstruction

Interfering with a lawful arrest or detention by force or a weapon, by refusing a lawful order the arrest needs, or by refusing to stop impeding it.

What it is not

Recording an officer in plain view is not by itself interference, resistance, disorderly conduct or obstruction.

Where it applies →

J

L

Lane filtering

A motorcycle passing a vehicle stopped in the same lane, allowed only where the limit is 45 miles per hour or less or on an off ramp, at 15 miles per hour or less, and when safe.

Also called filtering

A motorcycle passing a vehicle stopped in the same lane, allowed only where the limit is 45 miles per hour or less or on an off ramp, at 15 miles per hour or less, and when safe.

What it is not

It is not lane splitting, riding between lanes of moving traffic, which is not allowed at all.

  • Utah Code 41-6a-704
Where it applies →

N

Non compete agreement

An agreement restricting work after a job ends, which for agreements since May 10, 2016 may not run more than one year from the day employment ends.

Also called noncompete

An agreement restricting work after a job ends, which for agreements since May 10, 2016 may not run more than one year from the day employment ends.

What it is not

One for longer is not shortened to a year: the section makes it void.

Where it applies →

Notice of claim

The written notice, stating the facts and the nature of the claim, that must be filed with a governmental entity within one year before a claim against it can go forward.

Also called government claim

The written notice, stating the facts and the nature of the claim, that must be filed with a governmental entity within one year before a claim against it can go forward.

What it is not

Filing the notice is not filing the lawsuit: the suit cannot start until 60 days after the notice, and must start within two years.

  • Utah Code 63G-7-402
  • Utah Code 63G-7-401
  • Utah Code 63G-7-403
Where it applies →

Notice of deficient condition

The renter's written notice describing each problem, the corrective period, the remedy chosen, permission to enter, served as an eviction notice is or as the agreement provides.

Also called repair notice

The renter's written notice describing each problem, the corrective period, the remedy chosen, permission to enter, served as an eviction notice is or as the agreement provides.

What it is not

A phone call about a dangerous condition starts the 24 hour clock for that condition, but is not this notice unless it meets its requirements.

  • Utah Code 57-22-6
Where it applies →

O

Order of restitution

The court's order returning the premises to the landlord, included in a judgment for the landlord and enforceable immediately.

Also called eviction order

The court's order returning the premises to the landlord, included in a judgment for the landlord and enforceable immediately.

What it is not

It is not money paid to a victim: in an eviction, restitution means restoring possession of the premises.

  • Utah Code 78B-6-811
Where it applies →

Owner's or operator's security

The insurance or other security every resident owner keeps in effect whenever the vehicle is operated on a highway or a quasi public road or parking area in Utah.

Also called car insurance, proof of insurance

The insurance or other security every resident owner keeps in effect whenever the vehicle is operated on a highway or a quasi public road or parking area in Utah.

What it is not

Evidence of it on a phone counts, and an officer viewing it there may not look at anything else on the device.

  • Utah Code 41-12a-301
  • Utah Code 41-12a-302
Where it applies →

P

Predominant aggressor

The person an officer finds mainly responsible when both sides complain of domestic violence, weighing prior complaints, injuries, the likelihood of future injury, and self defense.

Also called primary aggressor

The person an officer finds mainly responsible when both sides complain of domestic violence, weighing prior complaints, injuries, the likelihood of future injury, and self defense.

What it is not

An officer who finds one predominant aggressor need not arrest the other person, and may not threaten to arrest everyone to discourage a call.

  • Utah Code 77-36-2.2
Where it applies →

R

Relocation

A parent moving 150 miles or more from the other parent's residence, which takes written notice at least 60 days before the move.

Also called move away

A parent moving 150 miles or more from the other parent's residence, which takes written notice at least 60 days before the move.

What it is not

A shorter move is not a relocation under the section.

  • Utah Code 81-9-209
Where it applies →

Rent abatement

The remedy in which, if the owner does not act in time, the rent is abated from the notice, the agreement ends, the owner repays the deposit and prorated rent, and the renter moves out within 10 calendar days.

The remedy in which, if the owner does not act in time, the rent is abated from the notice, the agreement ends, the owner repays the deposit and prorated rent, and the renter moves out within 10 calendar days.

What it is not

It is not a rent discount while staying: choosing it ends the lease.

  • Utah Code 57-22-6
Where it applies →

Repair and deduct

The remedy in which the renter fixes a deficient condition the owner did not correct in time and deducts the cost from future rent, up to two months' rent, keeping receipts.

The remedy in which the renter fixes a deficient condition the owner did not correct in time and deducts the cost from future rent, up to two months' rent, keeping receipts.

What it is not

It is available only if the renter chose it in the notice and is meeting the renter's own duties under the act.

  • Utah Code 57-22-6
Where it applies →

Restricted person

Someone in category I or II who may not possess a dangerous weapon, such as a person convicted of a violent felony, on felony probation or parole, or an unlawful drug user.

Also called prohibited person

Someone in category I or II who may not possess a dangerous weapon, such as a person convicted of a violent felony, on felony probation or parole, or an unlawful drug user.

What it is not

It is not limited to people with felonies: a qualifying protective order after a hearing or a domestic violence misdemeanor can make someone one.

Where it applies →

T

Third degree felony

The lowest felony degree, with an indeterminate prison term of not more than five years and a fine of up to $5,000.

Also called F3

The lowest felony degree, with an indeterminate prison term of not more than five years and a fine of up to $5,000.

What it is not

In Utah the numbering runs backward from what many expect: the first degree is the most serious, the third the least.

Where it applies →

U

Unlawful detainer

A tenant staying in possession after the lease term, after a proper notice to quit, or after a notice to pay rent or leave has gone uncomplied with for three business days.

Also called eviction

A tenant staying in possession after the lease term, after a proper notice to quit, or after a notice to pay rent or leave has gone uncomplied with for three business days.

What it is not

A notice alone is not an eviction: the tenant can only be removed through the court's order of restitution.

Where it applies →

V

Vulnerable user of a highway

A pedestrian or highway worker, a rider on an animal, or a person on a bicycle, skateboard, scooter, moped, motorcycle, wheelchair or golf cart, whom a driver may not pass within three feet.

Also called vulnerable road user

A pedestrian or highway worker, a rider on an animal, or a person on a bicycle, skateboard, scooter, moped, motorcycle, wheelchair or golf cart, whom a driver may not pass within three feet.

What it is not

The rule reaches more than cyclists: a motorcycle rider and a pedestrian are vulnerable users too.

  • Utah Code 41-6a-706.5
Where it applies →

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Utah attorney answers and a glossary cannot. Current as of October 2026.