SALT LAKE CITY, UT. (AP) — Utah Highway Patrol troopers have made their first arrest under the state’s new lowered DUI threshold.

Sgt. Nick Street says the Tuesday-morning arrest would have happened before the law went into effect, but the measure makes it more likely that the Wyoming man will face criminal charges.

He says the man was pulled over as he drove home from a rave party after a female passenger reported he had elbowed her in the face.

Street says an initial test showed a blood-alcohol level above .08, but took two hours before he was tested on a breathalyzer that is admissible in court. He was then measured at .059 percent.

Utah’s new 0.05 percent limit is the lowest in the United States. While supporters say it’s a public-safety measure, critics say it punishes responsible drivers.