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A New Year’s Day DUI arrest may be Utah’s first case of someone getting caught under the strict new 0.05 blood alcohol standard

A man went to the Summit County jail on New Year’s Day after he blew a 0.059 blood alcohol content approximately two hours after a trooper arrested him for alleged signs of driving under the influence, making him possibly the first to be arrested under Utah’s new, stricter DUI threshold.

The man purportedly failed a field sobriety test about 7 p.m. Tuesday and recorded a preliminary 0.089 BAC at the scene, Utah Highway Patrol spokesman Sgt. Nick Street said. Two hours later, he recorded the 0.059 on a court-admissible BAC test — which, Street said, would have allowed him to escape prosecution under Utah’s old law, where the threshold for driving under the influence was 0.