Title 41 Motor Vehicles
Chapter 6a Traffic Code
Section 509 Driver license suspension or revocation for a driving under the influence violation.
41-6a-509. Driver license suspension or revocation for a driving under the
influence violation.
(1) (a) The Driver License Division shall:
(i) if the person is 21 years of age or older at the time of arrest:
(A) suspend for a period of 120 days the operator's license of a person convicted for the
first time under Section 41-6a-502 of an offense committed on or after July 1, 2009; and
(B) revoke for a period of two years the license of a person if:
(I) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(II) the current driving under the influence violation under Section 41-6a-502 is
committed:
(Aa) within a period of 10 years from the date of the prior violation; and
(Bb) on or after July 1, 2009;
(ii) if the person is under 21 years of age at the time of arrest:
(A) suspend the person's driver license until the person is 21 years of age or for a period
of 120 days, whichever is longer, if the person is convicted for the first time of a driving under
the influence violation under Section 41-6a-502 of an offense that was committed on or after July
1, 2009;
(B) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of 120 days, whichever is longer, if the person:
(I) is convicted for the first time of a driving under the influence violation under Section
41-6a-502 of an offense committed on or after July 1, 2009; and
(II) has not been issued an operator license;
(C) revoke the person's driver license until the person is 21 years of age or for a period of
two years, whichever is longer, if:
(I) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(II) the current driving under the influence violation under Section 41-6a-502 is
committed:
(Aa) within a period of 10 years from the date of the prior violation; and
(Bb) on or after July 1, 2009; or
(D) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of two years, whichever is longer, if:
(I) the person has a prior conviction as defined under Subsection 41-6a-501(2);
(II) the current driving under the influence violation under Section 41-6a-502 is
committed:
(Aa) within a period of 10 years from the date of the prior violation; and
(Bb) on or after July 1, 2009; and
(III) the person has not been issued an operator license; and
(iii) suspend or revoke the license of a person as ordered by the court under Subsection
(2).
(b) The Driver License Division shall suspend the operator's license of a person
convicted under Section 41-6a-502 of an offense that was committed prior to July 1, 2009, for
the suspension periods in effect prior to July 1, 2009.
(c) The Driver License Division 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.
(d) If a conviction recorded as impaired driving is amended to a driving under the
influence conviction under Section 41-6a-502 in accordance with Subsection
41-6a-502.5(3)(a)(ii), the Driver License Division:
(i) may not subtract from any suspension or revocation any time for which a license was
previously suspended or revoked under Section 53-3-223 or 53-3-231; and
(ii) shall start the suspension or revocation time under Subsection (1)(a) on the date of
the amended conviction.
(2) (a) (i) 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 Section 41-6a-502 to be
suspended or revoked for an additional period of 90 days, 180 days, one year, or two years to
remove from the highways those persons who have shown they are safety hazards.
(ii) The additional suspension or revocation period provided in this Subsection (2) shall
begin the date on which the individual would be eligible to reinstate the individual's driving
privilege for a violation of Section 41-6a-502.
(b) If the court suspends or revokes the person's license under this Subsection (2), the
court shall prepare and send to the Driver License Division an order to suspend or revoke that
person's driving privileges for a specified period of time.
(3) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening;
(B) assessment;
(C) educational series;
(D) substance abuse treatment; and
(E) hours of work in a compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification described in Subsection (3)(a), the division shall
suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
Amended by Chapter 201, 2009 General Session
Amended by Chapter 390, 2009 General Session
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