H.B. 123

1

NOT A DROP AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Don E. Bush
5 AN ACT RELATING TO PUBLIC SAFETY; AMENDING CERTAIN DRIVER LICENSE
6 PENALTIES TO ALLOW LICENSED AND APPROVED SUBSTANCE ABUSE
7 PROGRAMS TO CONDUCT ASSESSMENTS AND MAKE TREATMENT
8 RECOMMENDATIONS; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-3-231, as last amended by Chapter 51, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 53-3-231 is amended to read:
14 53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body
15 -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of
16 license or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse
17 authority or program.
18 (1) (a) As used in this section:
19 (i) "Local substance abuse authority" has the same meaning as provided in Section
20 62A-8-101.
21 (ii) "Substance abuse program" means any substance abuse program licensed by the
22 Department of Human Services or the Department of Health and approved by the local substance
23 abuse authority.
24 (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
25 be made in accordance with the procedures in Subsection 41-6-44(2).
26 (2) (a) A person younger than 21 years of age may not operate or be in actual physical
27 control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body

1 as shown by a chemical test.
2 (b) (i) A person with a valid operator license who violates Subsection (a), in addition to
3 any other applicable penalties arising out of the incident, shall have his operator license denied or
4 suspended as provided in Subsection (2)(b)(ii).
5 (ii) (A) For a first offense under Subsection (2)(a), the Driver License Division of the
6 Department of Public Safety shall deny the person's operator license if ordered or not challenged
7 under this section for a period of 90 days beginning on the 30th day after the date of the arrest
8 under Section 32A-12-209.
9 (B) For a second or subsequent offense under Subsection (2)(a), within three years of a
10 prior denial or suspension, the Driver License Division shall suspend the person's operator license
11 for a period of one year beginning on the 30th day after the date of arrest.
12 (c) (i) A person who has not been issued an operator license who violates Subsection (a),
13 in addition to any other penalties arising out of the incident, shall be punished as provided in
14 Subsection (2)(c)(ii).
15 (ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
16 and the Driver License Division may not issue the person an operator license or learner's permit.
17 (3) (a) When a peace officer has reasonable grounds to believe that a person may be
18 violating or has violated Subsection (2), the peace officer may, in connection with arresting the
19 person for a violation of Section 32A-12-209, request that the person submit to a chemical test or
20 tests to be administered in compliance with the standards under Section 41-6-44.10.
21 (b) The peace officer shall advise a person prior to the person's submission to a chemical
22 test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
23 of the person's license to operate a motor vehicle or a refusal to issue a license.
24 (c) If the person submits to a chemical test and the test results indicate a blood, breath, or
25 urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination,
26 based on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the
27 officer directing administration of the test or making the determination shall serve on the person,
28 on behalf of the Driver License Division, immediate notice of the Driver License Division's
29 intention to deny or suspend the person's license to operate a vehicle or refusal to issue a license
30 under Subsection (2).
31 (4) When the officer serves immediate notice on behalf of the Driver License Division,

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1 he shall:
2 (a) take the Utah license certificate or permit, if any, of the operator;
3 (b) issue a temporary license certificate effective for only 29 days if the driver had a valid
4 operator's license; and
5 (c) supply to the operator, on a form to be approved by the Driver License Division, basic
6 information regarding how to obtain a prompt hearing before the Driver License Division.
7 (5) A citation issued by the officer may, if approved as to form by the Driver License
8 Division, serve also as the temporary license certificate under Subsection (4)(b).
9 (6) The peace officer serving the notice shall send to the Driver License Division within
10 five days after the date of arrest and service of the notice:
11 (a) the person's driver license certificate, if any;
12 (b) a copy of the citation issued for the offense;
13 (c) a signed report on a form approved by the Driver License Division indicating the
14 chemical test results, if any; and
15 (d) any other basis for the officer's determination that the person has violated Subsection
16 (2).
17 (7) (a) (i) Upon written request, the Driver License Division shall grant to the person an
18 opportunity to be heard within 29 days after the date of arrest under Section 32A-12-209.
19 (ii) The request shall be made within ten days of the date of the arrest.
20 (b) A hearing, if held, shall be before the Driver License Division in the county in which
21 the arrest occurred, unless the Driver License Division and the person agree that the hearing may
22 be held in some other county.
23 (c) The hearing shall be documented and shall cover the issues of:
24 (i) whether a peace officer had reasonable grounds to believe the person was operating a
25 motor vehicle in violation of Subsection (2)(a);
26 (ii) whether the person refused to submit to the test; and
27 (iii) the test results, if any.
28 (d) In connection with a hearing the Driver License Division or its authorized agent may
29 administer oaths and may issue subpoenas for the attendance of witnesses and the production of
30 relevant books and papers.
31 (e) One or more members of the Driver License Division may conduct the hearing.

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1 (f) Any decision made after a hearing before any number of the members of the Driver
2 License Division is as valid as if made after a hearing before the full membership of the Driver
3 License Division.
4 (g) After the hearing, the Driver License Division shall order whether the person:
5 (i) with a valid license to operate a motor vehicle will have his license denied or not or
6 suspended or not; or
7 (ii) without a valid operator license will be refused a license under Subsection (2)(c).
8 (h) If the person for whom the hearing is held fails to appear before the Driver License
9 Division as required in the notice, the division shall order whether the person shall have his license
10 denied, suspended, or not denied or suspended, or whether an operator license will be refused or
11 not refused.
12 (8) (a) Following denial or suspension the Driver License Division shall assess against a
13 person, in addition to any fee imposed under Subsection 53-3-205(14), a fee under Section
14 53-3-105, which shall be paid before the person's driving privilege is reinstated, to cover
15 administrative costs. This fee shall be canceled if the person obtains an unappealed Driver License
16 Division hearing or court decision that the suspension was not proper.
17 (b) A person whose operator license has been denied, suspended, or postponed by the
18 Driver License Division under this section may file a petition within 30 days after the suspension
19 for a hearing on the matter which, if held, is governed by Section 53-3-224.
20 (9) After reinstatement of an operator license for a first offense under this section, a report
21 authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
22 person's operator license under this section if he has not been convicted of any other offense for
23 which the denial or suspension may be extended.
24 (10) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
25 (2)(a) shall:
26 (i) obtain an assessment and recommendation for appropriate action from a substance
27 abuse program, but any associated costs shall be the person's responsibility; or
28 (ii) be referred by the Driver License Division to the local substance abuse authority for
29 an assessment and recommendation for appropriate action.
30 (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
31 license is contingent upon successful completion of the action recommended by the local substance

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1 abuse authority or the substance abuse program.
2 (ii) The local substance abuse authority's or the substance abuse program's recommended
3 action shall be determined by an assessment of the person's alcohol abuse and may include:
4 (A) a targeted education and prevention program;
5 (B) an early intervention program; or
6 (C) a substance abuse treatment program.
7 (iii) Successful completion of the recommended action shall be determined by standards
8 established by the Division of Substance Abuse.
9 (c) At the conclusion of the penalty period imposed under Subsection (2), the local
10 substance abuse authority or the substance abuse program shall notify the Driver License Division
11 of the person's status regarding completion of the recommended action.
12 (d) The local substance abuse authorities and the substance abuse programs shall cooperate
13 with the Driver License Division in:
14 (i) conducting the assessments;
15 (ii) making appropriate recommendations for action; and
16 (iii) notifying the Driver License Division about the person's status regarding completion
17 of the recommended action.
18 (e) (i) The local substance abuse authority is responsible for[: (A)] the cost of the
19 assessment of the person's alcohol abuse[; and], if the assessment is conducted by the local
20 substance abuse authority.
21 (ii) The local substance abuse authority or a substance abuse program selected by a person
22 is responsible for:
23 (A) conducting an assessment of the person's alcohol abuse; and
24 (B) for making a referral to an appropriate program on the basis of the findings of the
25 assessment.
26 [(ii)] (iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and
27 fees associated with the recommended program to which the person selected or is referred.
28 (B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale
29 consistent with the local substance abuse authority's policies and practices regarding fees for
30 services or determined by the substance abuse program.


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Legislative Review Note
as of 1-20-98 5:15 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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