41-6a-502.5. Impaired driving -- Penalty -- Sentencing requirements.
(1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
impaired driving under this section if:
(a) the defendant completes court ordered probation requirements; or
(b) (i) the prosecutor agrees as part of a negotiated plea; and
(ii) the court finds the plea to be in the interest of justice.
(2) A conviction entered under this section is a class B misdemeanor.
(3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
(ii) If the defendant fails to appear before the court and establish successful completion
of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
amended conviction of Section 41-6a-502.
(iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
conviction.
(b) The court may enter a conviction of impaired driving immediately under Subsection
(1)(b).
(4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
degree.
(5) The court shall notify the Driver License Division of each conviction entered under
this section.
(6) (a) The provisions in Subsections 41-6a-505(1), (2), and (3) that require a sentencing
court to order a convicted person to participate in a screening, an assessment, or an educational
series, or obtain substance abuse treatment or do a combination of those things, apply to a
conviction entered under this section.
(b) The court shall render the same order regarding screening, assessment, an educational
series, or substance abuse treatment in connection with a first, second, or subsequent conviction
under this section as the court would render in connection with applying respectively, the first,
second, or subsequent conviction requirements of Subsection 41-6a-505(1), (2), or (3).
Enacted by Chapter 226, 2008 General Session
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Last revised: Wednesday, July 23, 2008