S.B. 15

1

DRIVING UNDER THE INFLUENCE
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Carlene M. Walker
6 House Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Transportation Interim Committee recommended this bill.
11 General Description:
12 This bill amends provisions relating to driving under the influence.
13 Highlighted Provisions:
14 This bill:
15 . amends definitions;
16 . enacts an impaired driving plea;
17 . provides that a plea to a driving under the influence violation may be entered as an
18 impaired driving conviction in certain circumstances;
19 . provides that an impaired driving violation is a class B misdemeanor;
20 . provides requirements for a court entering a conviction of impaired driving in
21 certain circumstances;
22 . requires the court to notify the Driver License Division of an impaired driving
23 conviction;
24 . provides sentencing requirements for impaired driving convictions;
25 . repeals certain plea requirements when the prosecution agrees to a plea of guilty or
26 no contest to an alcohol or drug-related reckless charge in satisfaction or substitute
27 of an original charge of driving under the influence;

28 . provides that a tampering with an ignition interlock system violation may be tried in
29 certain cities or counties;
30 . repeals certain alcohol or drug-related reckless driving plea restrictions;
31 . increases the administrative impound fee for a driving under the influence violation
32 impound; and
33 . makes technical changes.
34 Monies Appropriated in this Bill:
35 This bill appropriates:
36 . as an ongoing appropriation subject to future budget constraints, $660,000 from the
37 General Fund for fiscal year 2008-09 to the Department of Public Safety, Utah
38 Highway Patrol; and
39 . as an ongoing appropriation subject to future budget constraints, $660,000 from the
40 General Fund for fiscal year 2008-09 to the Department of Public Safety, Liquor
41 Law Enforcement Program.
42 Other Special Clauses:
43 This bill takes effect on July 1, 2008.
44 This bill provides revisor instructions.
45 Utah Code Sections Affected:
46 AMENDS:
47 41-6a-501, as enacted by Laws of Utah 2005, Chapter 2
48 41-6a-510, as renumbered and amended by Laws of Utah 2005, Chapter 2
49 41-6a-518.1, as enacted by Laws of Utah 2006, Chapter 341
50 41-6a-518.2, as enacted by Laws of Utah 2006, Chapter 341
51 41-6a-529, as last amended by Laws of Utah 2007, Chapter 261
52 41-6a-1406, as last amended by Laws of Utah 2005, Chapter 56 and renumbered and
53 amended by Laws of Utah 2005, Chapter 2
54 53-3-220, as last amended by Laws of Utah 2007, Chapter 261
55 53-3-232, as last amended by Laws of Utah 2005, Chapters 2, 91, and 220
56 ENACTS:
57 41-6a-502.5, Utah Code Annotated 1953
58 REPEALS:

59 41-6a-512, as enacted by Laws of Utah 2005, Chapter 2
60
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 41-6a-501 is amended to read:
63 41-6a-501. Definitions.
64 (1) As used in this part:
65 (a) "Assessment" means an in-depth clinical interview with a licensed mental health
66 therapist:
67 (i) used to determine if a person is in need of:
68 (A) substance abuse treatment that is obtained at a substance abuse program;
69 (B) an educational series; or
70 (C) a combination of Subsections (1)(a)(i)(A) and (B); and
71 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
72 with Section 62A-15-105 .
73 (b) "Drug" or "drugs" means any substance that, when taken into the human body, can
74 impair the ability of a person to safely operate a motor vehicle.
75 [(b)] (c) "Educational series" means an educational series obtained at a substance abuse
76 program that is approved by the Board of Substance Abuse and Mental Health in accordance
77 with Section 62A-15-105 .
78 [(c)] (d) "Negligence" means simple negligence, the failure to exercise that degree of
79 care that an ordinarily reasonable and prudent person exercises under like or similar
80 circumstances.
81 [(d)] (e) "Screening" means a preliminary appraisal of a person:
82 (i) used to determine if the person is in need of:
83 (A) an assessment; or
84 (B) an educational series; and
85 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
86 with Section 62A-15-105 .
87 [(e)] (f) "Serious bodily injury" means bodily injury that creates or causes:
88 (i) serious permanent disfigurement;
89 (ii) protracted loss or impairment of the function of any bodily member or organ; or

90 (iii) a substantial risk of death.
91 [(f)] (g) "Substance abuse treatment" means treatment obtained at a substance abuse
92 program that is approved by the Board of Substance Abuse and Mental Health in accordance
93 with Section 62A-15-105 .
94 [(g)] (h) "Substance abuse treatment program" means a state licensed substance abuse
95 program.
96 [(h)] (i) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
97 Section 41-6a-102 ; and
98 (ii) "Vehicle" or "motor vehicle" includes:
99 (A) an off-highway vehicle as defined under Section 41-22-2 ; and
100 (B) a motorboat as defined in Section 73-18-2 .
101 (2) As used in Section 41-6a-503 :
102 (a) "Conviction" means any conviction for a violation of:
103 (i) driving under the influence under Section 41-6a-502 ;
104 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
105 combination of both-related reckless driving under [Sections]:
106 (I) Section 41-6a-512 , repealed by this bill; and
107 (II) Section 41-6a-528 ; or
108 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
109 41-6a-502.5 ;
110 (iii) driving with any measurable controlled substance that is taken illegally in the body
111 under Section 41-6a-517 ;
112 (iv) local ordinances similar to Section 41-6a-502 [or], alcohol, any drug, or a
113 combination of both-related reckless driving prior to July 1, 2008, or impaired driving under
114 Section 41-6a-502.5 adopted in compliance with Section 41-6a-510 ;
115 (v) automobile homicide under Section 76-5-207 ;
116 (vi) Subsection 58-37-8 (2)(g);
117 (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
118 conviction is reduced under Section 76-3-402 ; or
119 (viii) statutes or ordinances previously in effect in this state or in effect in any other
120 state, the United States, or any district, possession, or territory of the United States which

121 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
122 both-related reckless driving if committed in this state, including punishments administered
123 under 10 U.S.C. Sec. 815.
124 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
125 through (viii) which plea [is] was held in abeyance under Title 77, Chapter 2a, Pleas in
126 Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
127 subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
128 purposes of:
129 (i) enhancement of penalties under:
130 (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
131 (B) automobile homicide under Section 76-5-207 ; and
132 (ii) expungement under Section 77-18-12 .
133 Section 2. Section 41-6a-502.5 is enacted to read:
134 41-6a-502.5. Impaired driving -- Penalty -- Sentencing requirements.
135 (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
136 Section 41-6a-502 may be entered as a conviction of impaired driving under this section if:
137 (a) the defendant completes court ordered probation requirements; or
138 (b) (i) the prosecutor agrees as part of a negotiated plea; and
139 (ii) the court finds the plea to be in the interest of justice.
140 (2) A conviction entered under this section is a class B misdemeanor.
141 (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
142 probation under Subsection (1)(a), the court shall enter the conviction at the time of plea.
143 (ii) If the defendant fails to appear before the court and establish successful completion
144 of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
145 amended conviction of Section 41-6a-502 .
146 (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
147 conviction.
148 (b) The court may enter a conviction of impaired driving immediately under
149 Subsection (1)(b).
150 (4) For purposes of Section 76-3-402 , the entry of a plea to a class B misdemeanor
151 violation of Section 41-6a-502 as impaired driving under this section is a reduction of one

152 degree.
153 (5) The court shall notify the Driver License Division of each conviction entered under
154 this section.
155 (6) (a) The provisions in Subsections 41-6a-505 (1), (2), and (3) that require a
156 sentencing court to order a convicted person to participate in a screening, an assessment, or an
157 educational series, or obtain substance abuse treatment or do a combination of those things,
158 apply to a conviction entered under this section.
159 (b) The court shall render the same order regarding screening, assessment, an
160 educational series, or substance abuse treatment in connection with a first, second, or
161 subsequent conviction under this section as the court would render in connection with applying
162 respectively, the first, second, or subsequent conviction requirements of Subsection
163 41-6a-505 (1), (2), or (3).
164 Section 3. Section 41-6a-510 is amended to read:
165 41-6a-510. Local DUI and related ordinances and reckless driving and impaired
166 driving ordinances -- Consistent with code.
167 (1) An ordinance adopted by a local authority that governs the following matters shall
168 be consistent with the provisions in this code which govern the following matters:
169 (a) a person's operating or being in actual physical control of a motor vehicle while
170 having alcohol in the blood or while under the influence of alcohol or any drug or the
171 combined influence of alcohol and any drug; or
172 (b) in relation to any of the matters described in Subsection (1)(a), the use of:
173 (i) a chemical test or chemical tests;
174 (ii) evidentiary presumptions;
175 (iii) penalties; or
176 (iv) any combination of the matters described in Subsection (1).
177 (2) An ordinance adopted by a local authority that governs reckless driving, impaired
178 driving, or operating a vehicle in willful or wanton disregard for the safety of persons or
179 property shall be consistent with the provisions of this code which govern those matters.
180 Section 4. Section 41-6a-518.1 is amended to read:
181 41-6a-518.1. Tampering with an ignition interlock system.
182 (1) As used in this section:

183 (a) "ignition interlock system" has the same meaning as defined in Section 41-6a-518 ;
184 and
185 (b) "interlock restricted driver" has the same meaning as defined in Section
186 41-6a-518.2 .
187 (2) (a) A person may not:
188 (i) circumvent or tamper with the operation of an ignition interlock system;
189 (ii) knowingly furnish an interlock restricted driver a motor vehicle without an ignition
190 interlock system unless authorized under Subsection 41-6a-518 (7);
191 (iii) blow into an ignition interlock system or start a motor vehicle equipped with an
192 ignition interlock system for the purpose of allowing an interlock restricted driver to operate a
193 motor vehicle; or
194 (iv) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless
195 the system has been certified by the commissioner as required under Subsection 41-6a-518 (8).
196 (b) An interlock restricted driver may not:
197 (i) rent, lease, or borrow a motor vehicle without an ignition interlock system; or
198 (ii) request another person to blow into an ignition interlock system in order to allow
199 the interlock restricted driver to operate the motor vehicle.
200 (c) A violation of any provision under this Subsection (2) is a class B misdemeanor.
201 (d) A person who commits a violation of this section may be tried:
202 (i) in the city or county:
203 (A) where the installation of the ignition interlock system was ordered;
204 (B) where the ignition interlock system was actually installed;
205 (C) where the defendant tampered with or attempted to tamper with the ignition
206 interlock system; or
207 (D) where the tampered-with ignition interlock system is found; or
208 (ii) if multiple offenses of ignition interlock system tampering occur in multiple
209 jurisdictions, in any county:
210 (A) where the ignition interlock system was tampered with or installed; or
211 (B) where the defendant resides.
212 (3) It is an affirmative defense to a charge of a violation of this section if:
213 (a) the starting of a motor vehicle, or the request to start a motor vehicle, that is

214 equipped with an ignition interlock system is done for the purpose of safety or mechanical
215 repair of the system or the motor vehicle; and
216 (b) the interlock restricted driver does not operate the motor vehicle.
217 Section 5. Section 41-6a-518.2 is amended to read:
218 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
219 interlock system.
220 (1) As used in this section:
221 (a) "ignition interlock system" means a constant monitoring device or any similar
222 device that:
223 (i) is in working order at the time of operation or actual physical control; and
224 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
225 41-6a-518 (8); and
226 (b) (i) "interlock restricted driver" means a person who:
227 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
228 probation or parole not to operate a motor vehicle without an ignition interlock system;
229 (B) (I) within the last three years has been convicted of an offense that occurred after
230 May 1, 2006 which would be a conviction as defined under Section 41-6a-501 ; and
231 (II) the [conviction] offense described under Subsection (1)(b)(i)(B)(I) is committed
232 within ten years [of one or more prior convictions] from the date that one or more prior
233 offenses was committed if the prior offense resulted in a conviction as defined in Subsection
234 41-6a-501 (2);
235 (C) within the last three years has been convicted of a violation of this section;
236 (D) within the last three years has had the person's driving privilege revoked for refusal
237 to submit to a chemical test under Section 41-6a-520 , which refusal occurred after May 1,
238 2006;
239 (E) within the last three years has been convicted of a violation of Section 41-6a-502
240 and was under the age of 21 at the time the offense was committed;
241 [(E)] (F) within the last six years has been convicted of a felony violation of Section
242 41-6a-502 for an offense that occurred after May 1, 2006; or
243 [(F)] (G) within the last ten years has been convicted of automobile homicide under
244 Section 76-5-207 for an offense that occurred after May 1, 2006; and

245 (ii) "interlock restricted driver" does not include a person if:
246 (A) the person's conviction described in Subsection (1)(b)(i)(B)(I) is a conviction under
247 Section 41-6a-517 ; and
248 (B) all of the person's prior convictions described in Subsection (1)(b)(i)(B)(II) are
249 convictions under Section 41-6a-517 .
250 (2) For purposes of this section, a plea of guilty or no contest to a violation of Section
251 41-6a-502 which plea [is] was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
252 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
253 reduced or dismissed in accordance with the plea in abeyance agreement.
254 (3) An interlock restricted driver that operates or is in actual physical control of a
255 vehicle in this state without an ignition interlock system is guilty of a class B misdemeanor.
256 (4) (a) It is an affirmative defense to a charge of a violation of Subsection (3) if:
257 (i) an interlock restricted driver:
258 (A) operated or was in actual physical control of a vehicle owned by the interlock
259 restricted driver's employer;
260 (B) had given written notice to the employer of the interlock restricted driver's
261 interlock restricted status prior to the operation or actual physical control under Subsection
262 (4)(a)(i); and
263 (C) had on the interlock restricted driver's person or in the vehicle at the time of
264 operation or physical control proof of having given notice to the interlock restricted driver's
265 employer; and
266 (ii) the operation or actual physical control under Subsection (4)(a)(i)(A) was in the
267 scope of the interlock restricted driver's employment.
268 (b) The affirmative defense under Subsection (4)(a) does not apply to:
269 (i) an employer-owned motor vehicle that is made available to an interlock restricted
270 driver for personal use; or
271 (ii) a motor vehicle owned by a business entity that is all or partly owned or controlled
272 by the interlock restricted driver.
273 Section 6. Section 41-6a-529 is amended to read:
274 41-6a-529. Definitions -- Alcohol restricted drivers.
275 (1) As used in this section and Section 41-6a-530 , "alcohol restricted driver" means a

276 person who:
277 (a) within the last two years:
278 (i) has been convicted of:
279 (A) a misdemeanor violation of Section 41-6a-502 ;
280 (B) alcohol, any drug, or a combination of both-related reckless driving under Section
281 41-6a-512 , repealed by this bill;
282 (C) impaired driving under Section 41-6a-502.5 ;
283 [(C)] (D) local ordinances similar to Section 41-6a-502 [or], alcohol, any drug, or a
284 combination of both-related reckless driving prior to July 1, 2008, or impaired driving adopted
285 in compliance with Section 41-6a-510 ;
286 [(D)] (E) a violation described in Subsections (1)(a)(i)(A) through [(C)] (D), which
287 judgment of conviction is reduced under Section 76-3-402 ; or
288 [(E)] (F) statutes or ordinances previously in effect in this state or in effect in any other
289 state, the United States, or any district, possession, or territory of the United States which
290 would constitute a violation of Section 41-6a-502 [or], alcohol, any drug, or a combination of
291 both-related reckless driving, or impaired driving if committed in this state, including
292 punishments administered under 10 U.S.C. Sec. 815; or
293 (ii) has had the person's driving privilege suspended under Section 53-3-223 for an
294 alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
295 (b) within the last three years has been convicted of a violation of this section or
296 Section 41-6a-518.2 ;
297 (c) within the last five years:
298 (i) has had the person's driving privilege revoked for refusal to submit to a chemical
299 test under Section 41-6a-520 , which refusal occurred on or after July 1, 2005; or
300 (ii) [(A)] has been convicted of [an offense described in Subsection (1)(a)(i); and] a
301 class A misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008;
302 [(B) at the time of operation or actual physical control of a vehicle the person:]
303 [(I) is 21 years of age or older; and]
304 [(II) has a passenger under 16 years of age in the vehicle;]
305 (d) within the last ten years:
306 (i) has been convicted of an offense described in Subsection (1)(a)(i) which

307 [conviction] offense was committed within ten years of [a prior conviction for an] the
308 commission of a prior offense described in Subsection (1)(a)(i) for which the person was
309 convicted; or
310 (ii) has had the person's driving privilege revoked for refusal to submit to a chemical
311 test and the refusal is within ten years after:
312 (A) a prior refusal to submit to a chemical test under Section 41-6a-520 ; or
313 (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
314 based on the same arrest as the refusal; [or]
315 (e) at any time has been convicted of:
316 (i) automobile homicide under Section 76-5-207 for an offense that occurred on or
317 after July 1, 2005; or
318 (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
319 1, 2005[.]; or
320 (f) at the time of operation of a vehicle is under 21 years of age.
321 (2) For purposes of this section and Section 41-6a-530 , a plea of guilty or no contest to
322 a violation described in Subsection (1)(a)(i) which plea [is] was held in abeyance under Title
323 77, Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even
324 if the charge has been subsequently reduced or dismissed in accordance with the plea in
325 abeyance agreement.
326 Section 7. Section 41-6a-1406 is amended to read:
327 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
328 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
329 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
330 Section 41-1a-1101 , 41-6a-527 , 41-6a-1405 , 41-6a-1408 , or 73-18-20.1 by an order of a peace
331 officer or by an order of a person acting on behalf of a law enforcement agency or highway
332 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
333 expense of the owner.
334 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
335 impounded to:
336 (a) a state impound yard; or
337 (b) if none, a garage, docking area, or other place of safety.

338 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
339 removed by a tow truck motor carrier that meets standards established:
340 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
341 (b) by the department under Subsection (10).
342 (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
343 of the removal shall be sent to the Motor Vehicle Division by:
344 (i) the peace officer or agency by whom the peace officer is employed; and
345 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
346 operator is employed.
347 (b) The report shall be in a form specified by the Motor Vehicle Division and shall
348 include:
349 (i) the operator's name, if known;
350 (ii) a description of the vehicle, vessel, or outboard motor;
351 (iii) the vehicle identification number or vessel or outboard motor identification
352 number;
353 (iv) the license number or other identification number issued by a state agency;
354 (v) the date, time, and place of impoundment;
355 (vi) the reason for removal or impoundment;
356 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
357 outboard motor; and
358 (viii) the place where the vehicle, vessel, or outboard motor is stored.
359 (c) Until the tow truck operator or tow truck motor carrier reports the removal as
360 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
361 (i) collect any fee associated with the removal; and
362 (ii) begin charging storage fees.
363 (5) (a) Upon receipt of the report, the Motor Vehicle Division shall give notice to the
364 registered owner of the vehicle, vessel, or outboard motor and any lien holder in the manner
365 prescribed by Section 41-1a-114 .
366 (b) The notice shall: