H.B. 236 Enrolled

DRIVER LICENSE HEARING PROCESS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Nora B. Stephens
AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN DRIVER LICENSE
SUSPENSION PROVISIONS; AMENDING CERTAIN HEARING PROVISIONS; AND
MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-44, as last amended by Chapters 13, 94 and 168, Laws of Utah 1998
41-6-44.6, as last amended by Chapter 68, Laws of Utah 1997
41-6-44.10, as last amended by Chapter 213, Laws of Utah 1998
53-3-223, as last amended by Chapter 180, Laws of Utah 1994
53-3-224, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-3-231, as last amended by Chapter 98, Laws of Utah 1998
53-3-418, as last amended by Chapter 7, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-44 is amended to read:
41-6-44. Driving under the influence of alcohol, drugs, or with specified or unsafe
blood alcohol concentration -- Measurement of blood or breath alcohol -- Criminal
punishment -- Arrest without warrant -- Penalties -- Suspension or revocation of license.
(1) As used in this section:
(a) "prior conviction" means any conviction for a violation of:
(i) this section;
(ii) alcohol-related reckless driving under Subsections (9) and (10);
(iii) local ordinances similar to this section or alcohol-related reckless driving adopted in
compliance with Section 41-6-43 ;
(iv) automobile homicide under Section 76-5-207 ; or
(v) statutes or ordinances in effect in any other state, the United States, or any district,

possession, or territory of the United States which would constitute a violation of this section or
alcohol-related reckless driving if committed in this state, including punishments administered under
10 U.S.C. Sec. 815;
(b) "serious bodily injury" means bodily injury that creates or causes serious permanent
disfigurement, protracted loss or impairment of the function of any bodily member or organ, or
creates a substantial risk of death;
(c) a violation of this section includes a violation under a local ordinance similar to this
section adopted in compliance with Section 41-6-43 ; and
(d) the standard of negligence is that of simple negligence, the failure to exercise that degree
of care that an ordinarily reasonable and prudent person exercises under like or similar
circumstances.
(2) (a) A person may not operate or be in actual physical control of a vehicle within this state
if the person:
(i) has a blood or breath alcohol concentration of .08 grams or greater as shown by a
chemical test given within two hours after the alleged operation or physical control; or
(ii) 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.
(b) The fact that a person charged with violating this section is or has been legally entitled
to use alcohol or a drug is not a defense against any charge of violating this section.
(c) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per
210 liters of breath.
(3) (a) A person convicted the first or second time of a violation of Subsection (2) is guilty
of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person:
(A) has also inflicted bodily injury upon another as a proximate result of having operated
the vehicle in a negligent manner; or

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(B) had a passenger under 16 years of age in the vehicle at the time of the offense.
(b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony if
the person has also inflicted serious bodily injury upon another as a proximate result of having
operated the vehicle in a negligent manner.
(4) (a) As part of any sentence imposed the court shall, upon a first conviction, impose a
mandatory jail sentence of not less than 48 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to
work in a compensatory-service work program for not less than 24 hours.
(c) In addition to the jail sentence or compensatory-service work program, the court shall:
(i) order the person to participate in an assessment and educational series at a licensed
alcohol or drug dependency rehabilitation facility, as appropriate; and
(ii) impose a fine of not less than $700.
(d) For a violation committed after July 1, 1993, the court may order the person to obtain
treatment at an alcohol or drug dependency rehabilitation facility if the licensed alcohol or drug
dependency rehabilitation facility determines that the person has a problem condition involving
alcohol or drugs.
(5) (a) If a person is convicted under Subsection (2) within six years of a prior conviction
under this section, the court shall as part of any sentence impose a mandatory jail sentence of not less
than 240 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to
work in a compensatory-service work program for not less than 80 hours.
(c) In addition to the jail sentence or compensatory-service work program, the court shall:
(i) order the person to participate in an assessment and educational series at a licensed
alcohol or drug dependency rehabilitation facility, as appropriate; and
(ii) impose a fine of not less than $800.
(d) The court may order the person to obtain treatment at an alcohol or drug dependency
rehabilitation facility.
(6) (a) A third or subsequent conviction for a violation committed within six years of two

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or more prior convictions under this section is a[: (i) class A misdemeanor except as provided in
Subsection (6)(a)(ii); and (ii)] third degree felony [if at least:].
[(A) three prior convictions are for violations committed after April 23, 1990; or]
[(B) two prior convictions are for violations committed after July 1, 1996.]
[(b) (i) Under Subsection (6)(a)(i) the court shall as part of any sentence impose a fine of not
less than $2,000 and impose a mandatory jail sentence of not less than 720 hours.]
[(ii) The court may, as an alternative to all or part of a jail sentence, require the person to
work in a compensatory-service work program for not less than 240 hours, but only if the court
enters in writing on the record the reason it finds the defendant should not serve the jail sentence.
Enrollment in and completion of an alcohol or drug dependency rehabilitation program approved by
the court may be a sentencing alternative to incarceration or compensatory service if the program
provides intensive care or inpatient treatment and long-term closely supervised follow-through after
the treatment.]
[(iii) In addition to the jail sentence or compensatory-service work program, the court shall
order the person to obtain treatment at an alcohol or drug dependency rehabilitation facility.]
[(c)] (b) Under Subsection (3)(b) or (6)(a)[(ii)], if the court suspends the execution of a
prison sentence and places the defendant on probation the court shall impose:
(i) a fine of not less than $1,500;
(ii) a mandatory jail sentence of not less than 1,000 hours; and
(iii) an order requiring the person to obtain treatment at an alcohol or drug dependency
rehabilitation program providing intensive care or inpatient treatment and long-term closely
supervised follow-through after treatment.
(7) (a) The mandatory portion of any sentence required under this section may not be
suspended and the convicted person is not eligible for parole or probation until any sentence imposed
under this section has been served. Probation or parole resulting from a conviction for a violation
under this section may not be terminated.
(b) The department may not reinstate any license suspended or revoked as a result of the
conviction under this section, until the convicted person has furnished evidence satisfactory to the

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department that:
(i) all required alcohol or drug dependency assessment, education, treatment, and
rehabilitation ordered for a violation committed after July 1, 1993, have been completed;
(ii) all fines and fees including fees for restitution and rehabilitation costs assessed against
the person have been paid, if the conviction is a second or subsequent conviction for a violation
committed within six years of a prior violation; and
(iii) the person does not use drugs in any abusive or illegal manner as certified by a licensed
alcohol or drug dependency rehabilitation facility, if the conviction is for a third or subsequent
conviction for a violation committed within six years of two prior violations committed after July
1, 1993.
(8) (a) (i) The provisions in Subsections (4), (5), and (6) that require a sentencing court to
order a convicted person to: participate in an assessment and educational series at a licensed alcohol
or drug dependency rehabilitation facility; obtain, in the discretion of the court, treatment at an
alcohol or drug dependency rehabilitation facility; obtain, mandatorily, treatment at an alcohol or
drug dependency rehabilitation facility; or do a combination of those things, apply to a conviction
for a violation of Section 41-6-44.6 or 41-6-45 under Subsection (9).
(ii) The court shall render the same order regarding education or treatment at an alcohol or
drug dependency rehabilitation facility, or both, in connection with a first, second, or subsequent
conviction under Section 41-6-44.6 or 41-6-45 under Subsection (9), as the court would render in
connection with applying respectively, the first, second, or subsequent conviction requirements of
Subsections (4), (5), and (6).
(b) Any alcohol or drug dependency rehabilitation program and any community-based or
other education program provided for in this section shall be approved by the Department of Human
Services.
(9) (a) (i) When the prosecution agrees to a plea of guilty or no contest to a charge of a
violation of Section 41-6-45 , of an ordinance enacted under Section 41-6-43 , or of Section 41-6-44.6
in satisfaction of, or as a substitute for, an original charge of a violation of this section, the
prosecution shall state for the record a factual basis for the plea, including whether or not there had

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been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with
the violation.
(ii) The statement is an offer of proof of the facts that shows whether there was consumption
of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation.
(b) The court shall advise the defendant before accepting the plea offered under this
subsection of the consequences of a violation of Section 41-6-44.6 or of Section 41-6-45 .
(c) The court shall notify the department of each conviction of Section 41-6-44.6 or 41-6-45
entered under this Subsection (9).
(10) A peace officer may, without a warrant, arrest a person for a violation of this section
when the officer has probable cause to believe the violation has occurred, although not in his
presence, and if the officer has probable cause to believe that the violation was committed by the
person.
(11) (a) The Department of Public Safety shall:
(i) suspend for 90 days the operator's license of a person convicted for the first time under
Subsection (2);
(ii) revoke for one year the license of a person convicted of any subsequent offense under
Subsection (2) if the violation is committed within a period of six years from the date of the prior
violation; and
(iii) suspend or revoke the license of a person as ordered by the court under Subsection (12).
(b) The department shall subtract from any suspension or revocation period the number of
days for which a license was previously suspended under Section 53-3-223 or 53-3-231 , if the
previous suspension was based on the same occurrence upon which the record of conviction is based.
(12) (a) In addition to any other penalties provided in this section, a court may order the
operator's license of a person who is convicted of a violation of Subsection (2) to be suspended or
revoked for an additional period of 90 days, 180 days, or one year to remove from the highways
those persons who have shown they are safety hazards.
(b) If the court suspends or revokes the person's license under this subsection, the court shall
prepare and send to the Driver License Division of the Department of Public Safety an order to

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suspend or revoke that person's driving privileges for a specified period of time.
Section 2. Section 41-6-44.6 is amended to read:
41-6-44.6. Definitions -- Driving with any measurable controlled substance in the body
-- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means any substance scheduled under Section 58-37-4 .
(b) "Practitioner" has the same meaning as provided in Section 58-37-2 .
(c) "Prescribe" has the same meaning as provided in Section 58-37-2 .
(d) "Prescription" has the same meaning as provided in Section 58-37-2 .
(2) In cases not amounting to a violation of Section 41-6-44 , a person may not operate or be
in actual physical control of a motor vehicle within this state if the person has any measurable
controlled substance or metabolite of a controlled substance in the person's body.
(3) It is an affirmative defense to prosecution under this section that the controlled substance
was involuntarily ingested by the accused or prescribed by a practitioner for use by the accused.
(4) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
(5) A peace officer may, without a warrant, arrest a person for a violation of this section
when the officer has probable cause to believe the violation has occurred, although not in the
officer's presence, and if the officer has probable cause to believe that the violation was committed
by the person.
(6) The Driver License Division shall:
(a) suspend, for 90 days, the driver license of a person convicted under Subsection (2); [and]
(b) revoke, for one year, the driver license of a person convicted of a second or subsequent
offense under Subsection (2) if the violation is committed within a period of six years after the date
of the prior violation[.]; and
(c) subtract from any suspension or revocation period the number of days for which a license
was previously suspended under Section 53-3-223 or 53-3-231 , if the previous suspension was based
on the same occurrence upon which the record of conviction is based.
(7) The Driver License Division may not reinstate any license suspended or revoked as a

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result of a conviction under this section, until the convicted person has complied with the
requirements of Subsection 41-6-44 (7)(b).
Section 3. Section 41-6-44.10 is amended to read:
41-6-44.10. Implied consent to chemical tests for alcohol or drug -- Number of tests --
Refusal -- Warning, report -- Hearing, revocation of license -- Appeal -- Person incapable of
refusal -- Results of test available -- Who may give test -- Evidence.
(1) (a) A person operating a motor vehicle in this state is considered to have given his
consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining
whether he was operating or in actual physical control of a motor vehicle while having a blood or
breath alcohol content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , while
under the influence of alcohol, any drug, or combination of alcohol and any drug under Section
41-6-44 , or while having any measurable controlled substance or metabolite of a controlled
substance in the person's body in violation of Section 41-6-44.6 , if the test is or tests are administered
at the direction of a peace officer having grounds to believe that person to have been operating or
in actual physical control of a motor vehicle while having a blood or breath alcohol content
statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , or while under the influence of
alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44 , or while having
any measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section 41-6-44.6 .
(b) (i) The peace officer determines which of the tests are administered and how many of
them are administered.
(ii) If an officer requests more than one test, refusal by a person to take one or more
requested tests, even though he does submit to any other requested test or tests, is a refusal under this
section.
(c) (i) A person who has been requested under this section to submit to a chemical test or
tests of his breath, blood, or urine, may not select the test or tests to be administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is not
a defense to taking a test requested by a peace officer, and it is not a defense in any criminal, civil,

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or administrative proceeding resulting from a person's refusal to submit to the requested test or tests.
(2) (a) If the person has been placed under arrest, has then been requested by a peace officer
to submit to any one or more of the chemical tests under Subsection (1), and refuses to submit to any
chemical test requested, the person shall be warned by the peace officer requesting the test or tests
that a refusal to submit to the test or tests can result in revocation of the person's license to operate
a motor vehicle.
(b) Following the warning under Subsection (a), if the person does not immediately request
that the chemical test or tests as offered by a peace officer be administered a peace officer shall serve
on the person, on behalf of the Driver License Division, immediate notice of the Driver License
Division's intention to revoke the person's privilege or license to operate a motor vehicle. When the
officer serves the immediate notice on behalf of the Driver License Division, he shall:
(i) take the Utah license certificate or permit, if any, of the operator;
(ii) issue a temporary license effective for only 29 days; and
(iii) supply to the operator, on a form approved by the Driver License Division, basic
information regarding how to obtain a hearing before the Driver License Division.
(c) A citation issued by a peace officer may, if approved as to form by the Driver License
Division, serve also as the temporary license.
(d) [The] As a matter of procedure, the peace officer shall submit a signed report, within
[five] ten days after the date of the arrest, that he had grounds to believe the arrested person had been
operating or was in actual physical control of a motor vehicle while having a blood or breath alcohol
content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , or while under the
influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44 , or
while having any measurable controlled substance or metabolite of a controlled substance in the
person's body in violation of Section 41-6-44.6 , and that the person had refused to submit to a
chemical test or tests under Subsection (1).
(e) (i) A person who has been notified of the Driver License Division's intention to revoke
his license under this section is entitled to a hearing.
(ii) A request for the hearing shall be made in writing within ten days after the date of the

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arrest.
(iii) Upon written request, the division shall grant to the person an opportunity to be heard
within 29 days after the date of arrest.
(iv) If the person does not make a timely written request for a hearing before the division,
his privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the
date of arrest for a period of:
(A) one year unless Subsection (2)(e)(iv)(B) applies; or
(B) 18 months if the person has had a previous license sanction after July 1, 1993, under this
section, Section 41-6-44.6 , 53-3-223 , 53-3-231 , 53-3-232 , or a conviction after July 1, 1993, under
Section 41-6-44 .
(f) If a hearing is requested by the person [and], the hearing shall be conducted by the Driver
License Division[, the] in the county in which the offense occurred, unless the division and the
person both agree that the hearing may be held in some other county.
(g) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe that a person was operating a
motor vehicle in violation of Section 41-6-44 , 41-6-44.6 , or 53-3-231 ; and
(ii) whether the person refused to submit to the test.
[(g)] (h) (i) In connection with the hearing, the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers; and
(B) shall issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund in
accordance with the rates established in Section 21-5-4 .
[(h)] (i) If after a hearing, the Driver License Division determines that the person was
requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
person fails to appear before the Driver License Division as required in the notice, the Driver License
Division shall revoke his license or permit to operate a motor vehicle in Utah beginning on the date
the hearing is held for a period of:

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(i) (A) one year unless Subsection (2)(i)(i)(B) applies; or
(B) 18 months if the person has had a previous license sanction after July 1, 1993, under this
section, Section 41-6-44.6 , 53-3-223 , 53-3-231 , 53-3-232 , or a conviction after July 1, 1993, under
Section 41-6-44 .
(ii) The Driver License Division shall also assess against the person, in addition to any fee
imposed under Subsection 53-3-205 (14), a fee under Section 53-3-105 , which shall be paid before
the person's driving privilege is reinstated, to cover administrative costs.
(iii) The fee shall be cancelled if the person obtains an unappealed court decision following
a proceeding allowed under this Subsection (2) that the revocation was improper.
[(i)] (j) (i) Any person whose license has been revoked by the Driver License Division under
this section may seek judicial review.
(ii) Judicial review of an informal adjudicative proceeding is a trial. Venue is in the district
court in the county in which the [person resides] offense occurred.
(3) Any person who is dead, unconscious, or in any other condition rendering him incapable
of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent
provided for in Subsection (1), and the test or tests may be administered whether the person has been
arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall be
made available to him.
(5) (a) Only a physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 , acting at the request of a peace officer, may withdraw blood to determine the alcoholic or
drug content. This limitation does not apply to taking a urine or breath specimen.
(b) Any physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom a
peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
facility at which the sample is drawn, is immune from any civil or criminal liability arising from
drawing the sample, if the test is administered according to standard medical practice.
(6) (a) The person to be tested may, at his own expense, have a physician of his own choice

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administer a chemical test in addition to the test or tests administered at the direction of a peace
officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of the
results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests
to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the direction
of a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, the person
to be tested does not have the right to consult an attorney or have an attorney, physician, or other
person present as a condition for the taking of any test.
(8) If a person under arrest refuses to submit to a chemical test or tests or any additional test
under this section, evidence of any refusal is admissible in any civil or criminal action or proceeding
arising out of acts alleged to have been committed while the person was operating or in actual
physical control of a motor vehicle while under the influence of alcohol, any drug, combination of
alcohol and any drug, or while having any measurable controlled substance or metabolite of a
controlled substance in the person's body.
Section 4. Section 53-3-223 is amended to read:
53-3-223. Chemical test for driving under the influence -- Temporary license --
Hearing and decision -- Suspension and fee -- Judicial review.
(1) (a) If a peace officer has reasonable grounds to believe that a person may be violating or
has violated Section 41-6-44 , prohibiting the operation of a vehicle with a certain blood or breath
alcohol concentration and driving under the influence of any drug, alcohol, or combination of a drug
and alcohol or while having any measurable controlled substance or metabolite of a controlled
substance in the person's body in violation of Section 41-6-44.6 , the peace officer may, in connection
with arresting the person, request that the person submit to a chemical test or tests to be administered
in compliance with the standards under Section 41-6-44.10 .
(b) In this section, a reference to Section 41-6-44 includes any similar local ordinance
adopted in compliance with Subsection 41-6-43 (1).

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(2) The peace officer shall advise a person prior to the person's submission to a chemical test
that a test result indicating a violation of Section 41-6-44 or 41-6-44.6 shall, and the existence of a
blood alcohol content sufficient to render the person incapable of safely driving a motor vehicle may,
result in suspension or revocation of the person's license to drive a motor vehicle.
(3) If the person submits to a chemical test and the test results indicate a blood or breath
alcohol content in violation of Section 41-6-44 or 41-6-44.6 , or if the officer makes a determination,
based on reasonable grounds, that the person is otherwise in violation of Section 41-6-44 , the officer
directing administration of the test or making the determination shall serve on the person, on behalf
of the division, immediate notice of the division's intention to suspend the person's license to drive
a motor vehicle.
(4) (a) When the officer serves immediate notice on behalf of the division he shall:
(i) take the Utah license certificate or permit, if any, of the driver;
(ii) issue a temporary license certificate effective for only 29 days; and
(iii) supply to the driver, on a form to be approved by the division, basic information
regarding how to obtain a prompt hearing before the division.
(b) A citation issued by the officer may, if approved as to form by the division, serve also
as the temporary license certificate.
(5) [The] As a matter of procedure, the peace officer serving the notice shall send to the
division within [five] ten days after the date of arrest and service of the notice:
(a) the person's license certificate;
(b) a copy of the citation issued for the offense;
(c) a signed report on a form approved by the division indicating the chemical test results,
if any; and
(d) any other basis for the officer's determination that the person has violated Section
41-6-44 or 41-6-44.6 .
(6) (a) Upon written request, the division shall grant to the person an opportunity to be heard
within 29 days after the date of arrest. The request to be heard shall be made within ten days of the
date of the arrest.

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(b) A hearing, if held, shall be before the division in the county in which the arrest occurred,
unless the division and the person agree that the hearing may be held in some other county.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was driving a motor
vehicle in violation of Section 41-6-44 or 41-6-44.6 ;
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund in
accordance with the rates established in Section 21-5-4 .
(e) [One or more members of the] The division may designate one or more employees to
conduct the hearing.
(f) Any decision made after a hearing before any [number of the members of the division]
designated employee is as valid as if made [after a hearing before the full membership of] by the
division.
(g) After the hearing, the division shall order whether the person's license to drive a motor
vehicle is suspended or not.
(h) If the person for whom the hearing is held fails to appear before the division as required
in the notice, the division shall order whether the person's license to drive a motor vehicle is
suspended or not.
(7) (a) A first suspension, whether ordered or not challenged under this Subsection (7), is
for a period of 90 days, beginning on the 30th day after the date of the arrest.
(b) A second or subsequent suspension under this subsection is for a period of one year,
beginning on the 30th day after the date of arrest.
(8) (a) The division shall assess against a person, in addition to any fee imposed under

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Subsection 53-3-205 (14) for driving under the influence, a fee under Section 53-3-105 to cover
administrative costs, which shall be paid before the person's driving privilege is reinstated. This fee
shall be cancelled if the person obtains an unappealed division hearing or court decision that the
suspension was not proper.
(b) A person whose license has been suspended by the division under this subsection may
file a petition within 30 days after the suspension for a hearing on the matter which, if held, is
governed by Section 53-3-224 .
Section 5. Section 53-3-224 is amended to read:
53-3-224. Filing a petition for hearing -- Judicial review of license cancellation,
revocation, or suspension -- Scope of review.
(1) A person denied a license or whose license has been cancelled, suspended, or revoked
by the division may seek judicial review of the division's order.
(2) (a) Venue for judicial review of informal adjudicative proceedings is in the district court
in the county where the [person resides] offense occurred, which resulted in the cancellation,
suspension, or revocation.
(b) Persons not residing in the state shall file in Salt Lake County or the county where the
offense occurred, which resulted in the cancellation, suspension, or revocation.
Section 6. Section 53-3-231 is amended to read:
53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body --
Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of license
or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse authority
or program.
(1) (a) As used in this section:
(i) "Local substance abuse authority" has the same meaning as provided in Section
62A-8-101 .
(ii) "Substance abuse program" means any substance abuse program licensed by the
Department of Human Services or the Department of Health and approved by the local substance
abuse authority.

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(b) Calculations of blood, breath, or urine alcohol concentration under this section shall be
made in accordance with the procedures in Subsection 41-6-44 (2).
(2) (a) A person younger than 21 years of age may not operate or be in actual physical
control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body
as shown by a chemical test.
(b) (i) A person with a valid operator license who violates Subsection (2)(a), in addition to
any other applicable penalties arising out of the incident, shall have his operator license denied or
suspended as provided in Subsection (2)(b)(ii).
(ii) (A) For a first offense under Subsection (2)(a), the Driver License Division of the
Department of Public Safety shall deny the person's operator license if ordered or not challenged
under this section for a period of 90 days beginning on the 30th day after the date of the arrest under
Section 32A-12-209 .
(B) For a second or subsequent offense under Subsection (2)(a), within three years of a prior
denial or suspension, the Driver License Division shall suspend the person's operator license for a
period of one year beginning on the 30th day after the date of arrest.
(c) (i) A person who has not been issued an operator license who violates Subsection (2)(a),
in addition to any other penalties arising out of the incident, shall be punished as provided in
Subsection (2)(c)(ii).
(ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
and the Driver License Division may not issue the person an operator license or learner's permit.
(3) (a) When a peace officer has reasonable grounds to believe that a person may be violating
or has violated Subsection (2), the peace officer may, in connection with arresting the person for a
violation of Section 32A-12-209 , request that the person submit to a chemical test or tests to be
administered in compliance with the standards under Section 41-6-44.10 .
(b) The peace officer shall advise a person prior to the person's submission to a chemical test
that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension of the
person's license to operate a motor vehicle or a refusal to issue a license.
(c) If the person submits to a chemical test and the test results indicate a blood, breath, or

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urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination, based
on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the officer
directing administration of the test or making the determination shall serve on the person, on behalf
of the Driver License Division, immediate notice of the Driver License Division's intention to deny
or suspend the person's license to operate a vehicle or refusal to issue a license under Subsection (2).
(4) When the officer serves immediate notice on behalf of the Driver License Division, he
shall:
(a) take the Utah license certificate or permit, if any, of the operator;
(b) issue a temporary license certificate effective for only 29 days if the driver had a valid
operator's license; and
(c) supply to the operator, on a form to be approved by the Driver License Division, basic
information regarding how to obtain a prompt hearing before the Driver License Division.
(5) A citation issued by the officer may, if approved as to form by the Driver License
Division, serve also as the temporary license certificate under Subsection (4)(b).
(6) [The] As a matter of procedure, the peace officer serving the notice shall send to the
Driver License Division within [five] ten days after the date of arrest and service of the notice:
(a) the person's driver license certificate, if any;
(b) a copy of the citation issued for the offense;
(c) a signed report on a form approved by the Driver License Division indicating the
chemical test results, if any; and
(d) any other basis for the officer's determination that the person has violated Subsection (2).
(7) (a) (i) Upon written request, the Driver License Division shall grant to the person an
opportunity to be heard within 29 days after the date of arrest under Section 32A-12-209 .
(ii) The request shall be made within ten days of the date of the arrest.
(b) A hearing, if held, shall be before the Driver License Division in the county in which the
arrest occurred, unless the Driver License Division and the person agree that the hearing may be held
in some other county.
(c) The hearing shall be documented and shall cover the issues of:

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(i) whether a peace officer had reasonable grounds to believe the person was operating a
motor vehicle in violation of Subsection (2)(a);
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) In connection with a hearing the Driver License Division or its authorized agent may
administer oaths and may issue subpoenas for the attendance of witnesses and the production of
relevant books and papers.
(e) One or more members of the Driver License Division may conduct the hearing.
(f) Any decision made after a hearing before any number of the members of the Driver
License Division is as valid as if made after a hearing before the full membership of the Driver
License Division.
(g) After the hearing, the Driver License Division shall order whether the person:
(i) with a valid license to operate a motor vehicle will have his license denied or not or
suspended or not; or
(ii) without a valid operator license will be refused a license under Subsection (2)(c).
(h) If the person for whom the hearing is held fails to appear before the Driver License
Division as required in the notice, the division shall order whether the person shall have his license
denied, suspended, or not denied or suspended, or whether an operator license will be refused or not
refused.
(8) (a) Following denial or suspension the Driver License Division shall assess against a
person, in addition to any fee imposed under Subsection 53-3-205 (14), a fee under Section 53-3-105 ,
which shall be paid before the person's driving privilege is reinstated, to cover administrative costs.
This fee shall be canceled if the person obtains an unappealed Driver License Division hearing or
court decision that the suspension was not proper.
(b) A person whose operator license has been denied, suspended, or postponed by the Driver
License Division under this section may file a petition within 30 days after the suspension for a
hearing on the matter which, if held, is governed by Section 53-3-224 .
(9) After reinstatement of an operator license for a first offense under this section, a report

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authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
person's operator license under this section if he has not been convicted of any other offense for
which the denial or suspension may be extended.
(10) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
(2)(a) shall:
(i) obtain an assessment and recommendation for appropriate action from a substance abuse
program, but any associated costs shall be the person's responsibility; or
(ii) be referred by the Driver License Division to the local substance abuse authority for an
assessment and recommendation for appropriate action.
(b) (i) Reinstatement of the person's operator license or the right to obtain an operator license
is contingent upon successful completion of the action recommended by the local substance abuse
authority or the substance abuse program.
(ii) The local substance abuse authority's or the substance abuse program's recommended
action shall be determined by an assessment of the person's alcohol abuse and may include:
(A) a targeted education and prevention program;
(B) an early intervention program; or
(C) a substance abuse treatment program.
(iii) Successful completion of the recommended action shall be determined by standards
established by the Division of Substance Abuse.
(c) At the conclusion of the penalty period imposed under Subsection (2), the local substance
abuse authority or the substance abuse program shall notify the Driver License Division of the
person's status regarding completion of the recommended action.
(d) The local substance abuse authorities and the substance abuse programs shall cooperate
with the Driver License Division in:
(i) conducting the assessments;
(ii) making appropriate recommendations for action; and
(iii) notifying the Driver License Division about the person's status regarding completion of
the recommended action.

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(e) (i) The local substance abuse authority is responsible for the cost of the assessment of
the person's alcohol abuse, if the assessment is conducted by the local substance abuse authority.
(ii) The local substance abuse authority or a substance abuse program selected by a person
is responsible for:
(A) conducting an assessment of the person's alcohol abuse; and
(B) for making a referral to an appropriate program on the basis of the findings of the
assessment.
(iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
associated with the recommended program to which the person selected or is referred.
(B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale
consistent with the local substance abuse authority's policies and practices regarding fees for services
or determined by the substance abuse program.
Section 7. Section 53-3-418 is amended to read:
53-3-418. Prohibited alcohol level for drivers -- Procedures, including hearing.
(1) A person who holds or is required to hold a CDL may not drive a commercial motor
vehicle in this state if the person:
(a) has a blood, breath, or urine alcohol concentration of .04 grams or greater as shown by
a chemical test given within two hours after the alleged driving of the commercial motor vehicle;
or
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any
drug to any degree that renders the person incapable of safely driving a commercial motor vehicle.
(2) A person who holds or is required to hold a CDL and who drives a commercial motor
vehicle in this state is considered to have given his consent to a test or tests of his blood, breath, or
urine to determine the concentration of alcohol or the presence of other drugs in his physical system.
(3) If a peace officer or port-of-entry agent has reasonable cause to believe that a person may
be violating this section, the peace officer or port-of-entry agent may request the person to submit
to a chemical test to be administered in compliance with Section 41-6-44.3 .
(4) When a peace officer or port-of-entry agent requests a person to submit to a test under

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this section, he shall advise the person that test results indicating .04 grams or greater alcohol
concentration or refusal to submit to any test requested will result in the person's disqualification
under Section 53-3-414 from driving a commercial motor vehicle.
(5) If test results under this section indicate .04 grams or greater of alcohol concentration or
the person refuses to submit to any test requested under this section, the peace officer or port-of-entry
agent shall on behalf of the division serve the person with immediate notice of the division's
intention to disqualify the person's privilege to drive a commercial motor vehicle.
(6) When the peace officer or port-of-entry agent serves notice under Subsection (5) he shall:
(a) take any Utah license certificate or permit held by the driver;
(b) issue to the driver a temporary license certificate effective for 29 days;
(c) provide the driver, on a form approved by the division, basic information regarding how
to obtain a prompt hearing before the division; and
(d) issue a 24-hour out-of-service order.
(7) A notice of disqualification issued under Subsection (6) may serve also as the temporary
license certificate under that subsection, if the form is approved by the division.
(8) [The] As a matter of procedure, the peace officer or port-of-entry agent serving the notice
of disqualification shall, within [five] ten days after the date of service, send to the division the
person's license certificate, a copy of the served notice, and a report signed by the peace officer or
port-of-entry agent that indicates the results of any chemical test administered or that the person
refused a test.
(9) (a) The person has the right to a hearing regarding the disqualification.
(b) The request for the hearing shall be submitted to the division in writing and shall be
made within ten days of the date the notice was issued. If requested, the hearing shall be conducted
within 29 days after the notice was issued.
(10) (a) A hearing held under this section shall be held before the division and in the county
where the notice was issued, unless the division agrees to hold the hearing in another county.
(b) The hearing shall be documented and shall determine:
(i) whether the peace officer or port-of-entry agent had reasonable grounds to believe the

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person had been driving a motor vehicle in violation of this section;
(ii) whether the person refused to submit to any requested test; and
(iii) any test results obtained.
(c) In connection with a hearing the division or its authorized agent may administer oaths
and may issue subpoenas for the attendance of witnesses and the production of relevant books and
documents.
(d) One or more members of the division may conduct the hearing.
(e) A decision made after a hearing before any number of members of the division is as valid
as if the hearing were held before the full membership of the division.
(f) After a hearing under this section the division shall indicate by order if the person's CDL
is disqualified.
(g) If the person for whom the hearing is held fails to appear before the division as required
in the notice, the division shall indicate by order if the person's CDL is disqualified.
(11) If the division disqualifies a person under this section, the person may petition for a
hearing under Section 53-3-224 . The petition shall be filed within 30 days after the division issues
the disqualification.
(12) (a) A person who violates this section shall be punished in accordance with Section
53-3-414 .
(b) In accordance with Section 53-3-414 , the first disqualification under this section shall
be for one year, and a second disqualification shall be for life.
(13) (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a CDL,
a fee under Section 53-3-105 to cover administrative costs shall be paid before the driving privilege
is reinstated.
(b) The fees under Sections 53-3-105 and 53-3-205 shall be canceled if an unappealed
hearing at the division or court level determines the disqualification was not proper.

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