41-6a-517. 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 41-6a-502, 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:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused; or
(c) otherwise legally ingested.
(4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
misdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under both
this section and any applicable offense under Section 58-37-8.
(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);
(b) revoke, for one year, the driver license of a person convicted of a second or
subsequent offense under Subsection (2) or if the person has a prior conviction as defined under
Subsection 41-6a-501(2), if the violation is committed within a period of ten 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) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered screening and assessment, educational series, and
substance abuse treatment; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification, the division shall suspend the person's driving
privilege in accordance with Subsections 53-3-221(2) and (3).
(8) The court shall order supervised probation in accordance with Section 41-6a-507 for
a person convicted under Subsection (2).
Amended by Chapter 8, 2006 General Session
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Last revised: Thursday, May 01, 2008