Restaurants & Bars

Utah law changed on December 30th 2018
The Blood or breath Alcohol Concentration (BAC) is .05
Individuals with a Commercial Drivers License (CDL) is .04

It is LEGAL to carry a firearm into a restaurant and/or bar that serves alcohol.
It is ILLEGAL to carry a dangerous weapon (firearm) while under the influence of alcohol or drugs but there is no law that prohibits consuming alcohol while carrying a firearm.

A person cannot be charged under this law if:
• You are under the influence and have a firearm which is securely encased or if it's not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person
• You use or threaten to use force in compliance with Section 76-2-402
• You are carrying a dangerous weapon or firearm in your home or someone else's home as long as you have their permission to have the firearm in their home

Laws

Utah Laws

76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful. (law changed on May 14th 2019)
76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) It is a class B misdemeanor for any person to carry a dangerous weapon while under the influence of:
(a) alcohol as determined by the person's blood or breath alcohol concentration in accordance with Subsections 41-6a-502(1)(a) through (c); or
(b) a controlled substance as defined in Section 58-37-2.
(2) This section does not apply to:
(a) a person carrying a dangerous weapon that is either securely encased, as defined in this part, or not within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person;
(b) any person who uses or threatens to use force in compliance with Section 76-2-402; or
(c) any person carrying a dangerous weapon in the person's residence or the residence of another with the consent of the individual who is lawfully in possession.
(3) It is not a defense to prosecution under this section that the person:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .05 grams or greater at the time of operation or actual physical control.

76-10-501. Definitions.
As used in this part:
(6)(a) "Dangerous weapon" means:
(i) a firearm; or
(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury.
(b) The following factors are used in determining whether any object, other than a firearm, is a dangerous weapon:
(i) the location and circumstances in which the object was used or possessed;
(ii) the primary purpose for which the object was made;
(iii) the character of the wound, if any, produced by the object's unlawful use;
(iv) the manner in which the object was unlawfully used;
(v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and
(vi) the lawful purposes for which the object may be used.
(c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.

Federal Law

The Federal Motor Carrier Safety Administration (FMCSA) has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL,  and is operating a commercial motor vehicle, is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Federal regulations. Most States have established a BAC level of .08% as the level at or above which a person operating a non-commercial motor vehicle is deemed to be driving under the influence of alcohol. Sanctions for alcohol-related driving violations may affect the driver's qualification and eligibility for both commercial and non-commercial licenses.