Second Substitute H.B. 209

Representative Nora B. Stephens proposes to substitute the following bill:

1 DRIVING UNDER THE INFLUENCE
2 AMENDMENTS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Nora B. Stephens
6 AN ACT RELATING TO MOTOR VEHICLES AND PUBLIC SAFETY; AMENDING
7 DRIVING UNDER THE INFLUENCE PENALTIES; AMENDING ADMINISTRATIVE FEE
8 PROVISIONS; AMENDING ALCOHOL OR DRUG ENFORCEMENT FUNDING
9 PROVISIONS; AMENDING CERTAIN HEARING PROVISIONS; AMENDING ALCOHOL
10 TRAINING AND EDUCATION SEMINAR REQUIREMENTS; PROVIDING CERTAIN
11 RULEMAKING; AND MAKING TECHNICAL CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 41-6-44, as last amended by Chapters 33, 226 and 258, Laws of Utah 1999
15 41-6-44.6, as last amended by Chapter 226, Laws of Utah 1999
16 41-6-44.7, as enacted by Chapter 174, Laws of Utah 1994
17 41-6-44.10, as last amended by Chapter 226, Laws of Utah 1999
18 41-6-44.30, as last amended by Chapters 125 and 270, Laws of Utah 1998
19 53-1-117, as last amended by Chapter 247, Laws of Utah 1998
20 53-3-106, as last amended by Chapter 247, Laws of Utah 1998
21 53-3-223, as last amended by Chapter 226, Laws of Utah 1999
22 53-3-231, as last amended by Chapter 226, Laws of Utah 1999
23 53-3-418, as last amended by Chapter 226, Laws of Utah 1999
24 62A-8-103.5, as enacted by Chapter 276, Laws of Utah 1997
25 62A-8-107, as last amended by Chapter 30, Laws of Utah 1992

26 ENACTS:
27 53-3-233, Utah Code Annotated 1953
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6-44 is amended to read:
30 41-6-44. Driving under the influence of alcohol, drugs, or with specified or unsafe
31 blood alcohol concentration -- Measurement of blood or breath alcohol -- Criminal
32 punishment -- Arrest without warrant -- Penalties -- Suspension or revocation of license.
33 (1) As used in this section:
34 (a) "educational series" means an educational series obtained at a substance abuse program
35 that is approved by the Board of Substance Abuse in accordance with Section 62A-8-107 ;
36 [(a)] (b) "prior conviction" means any conviction for a violation of:
37 (i) this section;
38 (ii) alcohol-related reckless driving under Subsections (9) and (10);
39 (iii) local ordinances similar to this section or alcohol-related reckless driving adopted in
40 compliance with Section 41-6-43 ;
41 (iv) automobile homicide under Section 76-5-207 ; or
42 (v) statutes or ordinances in effect in any other state, the United States, or any district,
43 possession, or territory of the United States which would constitute a violation of this section or
44 alcohol-related reckless driving if committed in this state, including punishments administered
45 under 10 U.S.C. Sec. 815;
46 (c) "screening and assessment" means a substance abuse addiction and dependency
47 screening and assessment obtained at a substance abuse program that is approved by the Board of
48 Substance Abuse in accordance with Section 62A-8-107 ;
49 [(b)] (d) "serious bodily injury" means bodily injury that creates or causes serious
50 permanent disfigurement, protracted loss or impairment of the function of any bodily member or
51 organ, or creates a substantial risk of death;
52 (e) "substance abuse treatment" means treatment obtained at a substance abuse program
53 that is approved by the Board of Substance Abuse in accordance with Section 62A-8-107 ;
54 (f) "substance abuse treatment program" means a state licensed substance abuse program;
55 [(c)] (g) a violation of this section includes a violation under a local ordinance similar to
56 this section adopted in compliance with Section 41-6-43 ; and

57 [(d)] (h) the standard of negligence is that of simple negligence, the failure to exercise that
58 degree of care that an ordinarily reasonable and prudent person exercises under like or similar
59 circumstances.
60 (2) (a) A person may not operate or be in actual physical control of a vehicle within this
61 state if the person:
62 (i) has sufficient alcohol in his body that a chemical test given within two hours of the
63 alleged operation or physical control shows that the person has a blood or breath alcohol
64 concentration of .08 grams or greater; or
65 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
66 any drug to a degree that renders the person incapable of safely operating a vehicle.
67 (b) The fact that a person charged with violating this section is or has been legally entitled
68 to use alcohol or a drug is not a defense against any charge of violating this section.
69 (c) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
70 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol
71 per 210 liters of breath.
72 (3) (a) A person convicted the first or second time of a violation of Subsection (2) is guilty
73 of a:
74 (i) class B misdemeanor; or
75 (ii) class A misdemeanor if the person:
76 (A) has also inflicted bodily injury upon another as a proximate result of having operated
77 the vehicle in a negligent manner; or
78 (B) had a passenger under 16 years of age in the vehicle at the time of the offense.
79 (b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony
80 if the person has also inflicted serious bodily injury upon another as a proximate result of having
81 operated the vehicle in a negligent manner.
82 (4) (a) As part of any sentence imposed the court shall, upon a first conviction, impose a
83 mandatory jail sentence of not less than 48 consecutive hours.
84 (b) The court may, as an alternative to all or part of a jail sentence, require the person to:
85 (i) work in a compensatory-service work program for not less than 24 hours; or
86 (ii) participate in home confinement through the use of electronic monitoring in
87 accordance with Subsection (13).

88 (c) In addition to the jail sentence, compensatory-service work program, or home
89 confinement, the court shall:
90 (i) order the person to participate in [an assessment and educational series at a licensed
91 alcohol or drug dependency rehabilitation facility, as appropriate] a screening and assessment;
92 [and]
93 (ii) order the person to participate in an educational series if the court does not order
94 substance abuse treatment as described under Subsection (4)(d); and
95 [(ii)] (iii) impose a fine of not less than $700.
96 (d) [For a violation committed after July 1, 1993, the] The court may order the person to
97 obtain substance abuse treatment [at an alcohol or drug dependency rehabilitation facility] if the
98 [licensed alcohol or drug dependency rehabilitation facility] substance abuse treatment program
99 determines that [the person has a problem condition involving alcohol or drugs] substance abuse
100 treatment is appropriate.
101 (e) The court may order probation for the person in accordance with Subsection (14).
102 (5) (a) If a person is convicted under Subsection (2) within six years of a prior conviction
103 under this section, the court shall as part of any sentence impose a mandatory jail sentence of not
104 less than 240 consecutive hours.
105 (b) The court may, as an alternative to all or part of a jail sentence, require the person to:
106 (i) work in a compensatory-service work program for not less than [80] 240 hours; or
107 (ii) participate in home confinement through the use of electronic monitoring in
108 accordance with Subsection (13).
109 (c) In addition to the jail sentence, compensatory-service work program, or home
110 confinement, the court shall:
111 (i) order the person to participate in [an assessment and educational series at a licensed
112 alcohol or drug dependency rehabilitation facility, as appropriate] a screening and assessment;
113 [and]
114 (ii) order the person to participate in an educational series if the court does not order
115 substance abuse treatment as described under Subsection (5)(d); and
116 [(ii)] (iii) impose a fine of not less than $800.
117 (d) The court may order the person to obtain substance abuse treatment [at an alcohol or
118 drug dependency rehabilitation facility] if the substance abuse treatment program determines that

119 substance abuse treatment is appropriate.
120 (e) The court may order probation for the person in accordance with Subsection (14).
121 (6) (a) A third or subsequent conviction for a violation committed within six years of two
122 or more prior convictions under this section is a third degree felony.
123 (b) Under Subsection (3)(b) or (6)(a), if the court suspends the execution of a prison
124 sentence and places the defendant on probation the court shall impose:
125 (i) a fine of not less than $1,500; and
126 (ii) a mandatory jail sentence of not less than [1,000] 1,500 hours[; and].
127 [(iii)] (c) For Subsection (6)(a) or (b), the court shall impose an order requiring the person
128 to obtain a screening and assessment and substance abuse treatment at [an alcohol or drug
129 dependency rehabilitation] a substance abuse treatment program providing intensive care or
130 inpatient treatment and long-term closely supervised follow-through after treatment for not less
131 than 240 hours.
132 [(c)] (d) In addition to the penalties required under Subsection (6)(b), the court may require
133 the person to participate in home confinement through the use of electronic monitoring in
134 accordance with Subsection (13).
135 (7) [(a)] The mandatory portion of any sentence required under this section may not be
136 suspended and the convicted person is not eligible for parole or probation until any sentence
137 imposed under this section has been served. Probation or parole resulting from a conviction for
138 a violation under this section may not be terminated.
139 [(b) The department may not reinstate any license suspended or revoked as a result of the
140 conviction under this section, until the convicted person has furnished evidence satisfactory to the
141 department that:]
142 [(i) all required alcohol or drug dependency assessment, education, treatment, and
143 rehabilitation ordered for a violation committed after July 1, 1993, have been completed;]
144 [(ii) all fines and fees including fees for restitution and rehabilitation costs assessed against
145 the person have been paid, if the conviction is a second or subsequent conviction for a violation
146 committed within six years of a prior violation; and]
147 [(iii) the person does not use drugs in any abusive or illegal manner as certified by a
148 licensed alcohol or drug dependency rehabilitation facility, if the conviction is for a third or
149 subsequent conviction for a violation committed within six years of two prior violations committed

150 after July 1, 1993.]
151 (8) (a) (i) The provisions in Subsections (4), (5), and (6) that require a sentencing court to
152 order a convicted person to: participate in [an] a screening and assessment; and an educational
153 series [at a licensed alcohol or drug dependency rehabilitation facility]; obtain, in the discretion
154 of the court, substance abuse treatment [at an alcohol or drug dependency rehabilitation facility];
155 obtain, mandatorily, substance abuse treatment [at an alcohol or drug dependency rehabilitation
156 facility]; or do a combination of those things, apply to a conviction for a violation of Section
157 41-6-44.6 or 41-6-45 under Subsection (9).
158 (ii) The court shall render the same order regarding [education] screening and assessment,
159 an educational series, or substance abuse treatment [at an alcohol or drug dependency rehabilitation
160 facility, or both,] in connection with a first, second, or subsequent conviction under Section
161 41-6-44.6 or 41-6-45 under Subsection (9), as the court would render in connection with applying
162 respectively, the first, second, or subsequent conviction requirements of Subsections (4), (5), and
163 (6).
164 [(b) Any alcohol or drug dependency rehabilitation program and any community-based or
165 other education program provided for in this section shall be approved by the Department of
166 Human Services.]
167 (b) If a person fails to complete all court ordered screening and assessment, educational
168 series, and substance abuse treatment, or fails to pay all fines and fees, including fees for restitution
169 and treatment costs, the court shall notify the Driver License Division of a failure to comply. Upon
170 receiving the notification, the division shall suspend the person's driving privilege in accordance
171 with Subsections 53-3-221 (2) and (3).
172 (9) (a) (i) When the prosecution agrees to a plea of guilty or no contest to a charge of a
173 violation of Section 41-6-45 , of an ordinance enacted under Section 41-6-43 , or of Section
174 41-6-44.6 in satisfaction of, or as a substitute for, an original charge of a violation of this section,
175 the prosecution shall state for the record a factual basis for the plea, including whether or not there
176 had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection
177 with the violation.
178 (ii) The statement is an offer of proof of the facts that shows whether there was
179 consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the
180 violation.

181 (b) The court shall advise the defendant before accepting the plea offered under this
182 Subsection (9)(b) of the consequences of a violation of Section 41-6-44.6 or of Section 41-6-45 .
183 (c) The court shall notify the [department] Driver License Division of each conviction of
184 Section 41-6-44.6 or 41-6-45 entered under this Subsection (9).
185 (10) A peace officer may, without a warrant, arrest a person for a violation of this section
186 when the officer has probable cause to believe the violation has occurred, although not in his
187 presence, and if the officer has probable cause to believe that the violation was committed by the
188 person.
189 (11) (a) The [Department of Public Safety] Driver License Division shall:
190 (i) suspend for 90 days the operator's license of a person convicted for the first time under
191 Subsection (2);
192 (ii) revoke for one year the license of a person convicted of any subsequent offense under
193 Subsection (2) if the violation is committed within a period of six years from the date of the prior
194 violation; and
195 (iii) suspend or revoke the license of a person as ordered by the court under Subsection
196 (12).
197 (b) The [department] Driver License Division shall subtract from any suspension or
198 revocation period the number of days for which a license was previously suspended under Section
199 53-3-223 or 53-3-231 , if the previous suspension was based on the same occurrence upon which
200 the record of conviction is based.
201 (12) (a) In addition to any other penalties provided in this section, a court may order the
202 operator's license of a person who is convicted of a violation of Subsection (2) to be suspended
203 or revoked for an additional period of 90 days, 180 days, or one year to remove from the highways
204 those persons who have shown they are safety hazards.
205 (b) If the court suspends or revokes the person's license under this Subsection (12)(b), the
206 court shall prepare and send to the Driver License Division [of the Department of Public Safety]
207 an order to suspend or revoke that person's driving privileges for a specified period of time.
208 (13) (a) If the court orders a person to participate in home confinement through the use of
209 electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation
210 monitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
211 (b) The electronic monitoring device shall be used under conditions which require:

212 (i) the person to wear an electronic monitoring device at all times;
213 (ii) that a device be placed in the home or other specified location of the person, so that
214 the person's compliance with the court's order may be monitored; and
215 (iii) the person to pay the costs of the electronic monitoring.
216 (c) The court shall order the appropriate entity described in Subsection (13)(e) to place an
217 electronic monitoring device on the person and install electronic monitoring equipment in the
218 residence of the person or other specified location.
219 (d) The court may:
220 (i) require the person's electronic home monitoring device to include an alcohol detection
221 breathalyzer;
222 (ii) restrict the amount of alcohol the person may consume during the time the person is
223 subject to home confinement;
224 (iii) set specific time and location conditions that allow the person to attend school
225 educational classes, or employment and to travel directly between those activities and the person's
226 home; and
227 (iv) waive all or part of the costs associated with home confinement if the person is
228 determined to be indigent by the court.
229 (e) The electronic monitoring described in this section may either be administered directly
230 by the appropriate corrections agency, probation monitoring agency, or by contract with a private
231 provider.
232 (f) The electronic monitoring provider shall cover the costs of waivers by the court under
233 Subsection (13)(c)(iv).
234 (14) (a) If probation is ordered under Subsection (4)(e) or (5)(e):
235 (i) the court shall specify the period of the probation;
236 (ii) the person shall pay all of the costs of the probation; and
237 (iii) the court may order any other conditions of the probation.
238 (b) The court shall provide the probation described in this section by contract with a
239 probation monitoring agency or a private probation provider.
240 (c) The probation provider described in Subsection (b) shall monitor the person's
241 compliance with all conditions of the person's sentence, conditions of probation, and court orders
242 received under this article and shall notify the court of any failure to comply with or complete that

243 sentence or those conditions or orders.
244 (d) (i) The court may waive all or part of the costs associated with probation if the person
245 is determined to be indigent by the court.
246 (ii) The probation provider described in Subsection (b) shall cover the costs of waivers by
247 the court under Subsection (d)(i).
248 Section 2. Section 41-6-44.6 is amended to read:
249 41-6-44.6. Definitions -- Driving with any measurable controlled substance in the
250 body -- Penalties -- Arrest without warrant.
251 (1) As used in this section:
252 (a) "Controlled substance" means any substance scheduled under Section 58-37-4 .
253 (b) "Practitioner" has the same meaning as provided in Section 58-37-2 .
254 (c) "Prescribe" has the same meaning as provided in Section 58-37-2 .
255 (d) "Prescription" has the same meaning as provided in Section 58-37-2 .
256 (2) In cases not amounting to a violation of Section 41-6-44 , a person may not operate or
257 be in actual physical control of a motor vehicle within this state if the person has any measurable
258 controlled substance or metabolite of a controlled substance in the person's body.
259 (3) It is an affirmative defense to prosecution under this section that the controlled
260 substance was involuntarily ingested by the accused or prescribed by a practitioner for use by the
261 accused.
262 (4) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
263 (5) A peace officer may, without a warrant, arrest a person for a violation of this section
264 when the officer has probable cause to believe the violation has occurred, although not in the
265 officer's presence, and if the officer has probable cause to believe that the violation was committed
266 by the person.
267 (6) The Driver License Division shall:
268 (a) suspend, for 90 days, the driver license of a person convicted under Subsection (2);
269 (b) revoke, for one year, the driver license of a person convicted of a second or subsequent
270 offense under Subsection (2) if the violation is committed within a period of six years after the date
271 of the prior violation; and
272 (c) subtract from any suspension or revocation period the number of days for which a
273 license was previously suspended under Section 53-3-223 or 53-3-231 , if the previous suspension

274 was based on the same occurrence upon which the record of conviction is based.
275 [(7) The Driver License Division may not reinstate any license suspended or revoked as
276 a result of a conviction under this section, until the convicted person has complied with the
277 requirements of Subsection 41-6-44 (7)(b).]
278 (7) If a person fails to complete all court ordered screening and assessment, educational
279 series, and substance abuse treatment, or fails to pay all fines and fees, including fees for restitution
280 and treatment costs, the court shall notify the Driver License Division of a failure to comply. Upon
281 receiving the notification, the division shall suspend the person's driving privilege in accordance
282 with Subsections 53-3-221 (2) and (3).
283 Section 3. Section 41-6-44.7 is amended to read:
284 41-6-44.7. Ignition interlock devices -- Use -- Probationer to pay cost --
285 Impecuniosity -- Fee.
286 (1) As used in this section:
287 (a) "Commissioner" means the commissioner of the Department of Public Safety.
288 (b) "Ignition interlock system" or "system" means a constant monitoring device or any
289 similar device certified by the commissioner that prevents a motor vehicle from being started
290 without first determining the driver's breath alcohol concentration.
291 (c) "Probation provider" means the supervisor and monitor of the ignition interlock system
292 required as a condition of probation or as otherwise ordered by the court who contracts with the
293 court in accordance with Subsections 41-6-44(14) (b) and (c).
294 (2) (a) In addition to any other penalties imposed under Section 41-6-44 , and in addition
295 to any requirements imposed as a condition of probation, the court may require that any person
296 who is convicted of violating Section 41-6-44 and who is granted probation may not operate a
297 motor vehicle during the period of probation unless that motor vehicle is equipped with a
298 functioning, certified ignition interlock system installed and calibrated so that the motor vehicle
299 will not start if the operator's blood alcohol concentration exceeds a level ordered by the court.
300 (b) If a person convicted of violating Section 41-6-44 was under the age of 21 when the
301 violation occurred, the court shall order the installation of the ignition interlock system as a
302 condition of probation.
303 (c) (i) If a person is convicted of a violation of Section 41-6-44 within six years of a prior
304 conviction of that section, the court shall order the installation of the ignition interlock system, at

305 the person's expense, for all motor vehicles registered to that person and all motor vehicles
306 operated by that person for three years from the date of conviction.
307 (ii) The division shall post the ignition interlock restriction on the electronic record
308 available to law enforcement.
309 (3) [If] Except as provided in Subsection (2)(c), if the court imposes the use of an ignition
310 interlock system as a condition of probation, the court shall:
311 (a) stipulate on the record the requirement for and the period of the use of an ignition
312 interlock system;
313 (b) order that an ignition interlock system be installed on each motor vehicle owned or
314 operated by the probationer, at the probationer's expense;
315 (c) order the probationer to submit his driver license to the Driver License Division in
316 accordance with Subsection (5);
317 (d) immediately notify the Driver License Division and the person's probation provider of
318 the order; and
319 (e) require the probationer to provide proof of compliance with the court's order to the
320 probation [officer] provider within 30 days of the order.
321 (4) (a) [If the] The probationer [fails to] shall provide timely proof of installation within
322 30 days of an order imposing the use of a system or show cause why the order was not complied
323 with[,] to the court or to the probationer's probation provider.
324 (b) The probation provider shall notify the court of failure to comply under Subsection
325 (4)(a).
326 (c) For failure to comply under Subsection (4)(a) or upon receiving the notification under
327 Subsection (4)(b), the court shall order the Driver License Division to suspend the probationer's
328 driving privileges for the remaining period during which the compliance was imposed.
329 [(b)] (d) Cause for failure to comply means any reason the court finds sufficiently
330 justifiable to excuse the probationer's failure to comply with the court's order.
331 (5) (a) If use of an ignition interlock system is required under this section, the [probationer
332 shall submit his driver license to the Driver License Division to obtain a driver license indicating
333 that the probationer may only operate a motor vehicle equipped with an ignition interlock system]
334 division may not issue, reinstate, or renew the driver license of that person unless that requirement
335 is coded on the person's driver license.

336 (b) (i) If the division receives a notice that a person with a valid driver license that does
337 not require a driver license withdrawal is required to use an ignition interlock system, the division
338 shall notify the person that he has ten calendar days to apply to the division for an ignition
339 interlock system requirement coded on the license.
340 (ii) The division shall suspend the driver license of the person after the ten-day period until
341 the person applies to the division for an ignition interlock system requirement coded on the license.
342 (6) (a) Any probationer required to install an ignition interlock system shall have the
343 system monitored by the manufacturer or dealer of the system for proper use and accuracy at least
344 semiannually and more frequently as the court may order.
345 (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the court
346 or the person's probation provider.
347 (ii) [If the system is required as a condition of probation, the] The report shall be issued
348 within 14 days following each monitoring.
349 (7) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
350 reasonable costs of leasing or buying and installing and maintaining the system.
351 (b) A probationer may not be excluded from this section for inability to pay the costs,
352 unless:
353 (i) the probationer files an affidavit of impecuniosity; and
354 (ii) the court enters a finding that the probationer is impecunious.
355 (c) In lieu of waiver of the entire amount of the cost, the court may direct the probationer
356 to make partial or installment payments of costs when appropriate.
357 (d) Subject to appropriation, the department shall lease or purchase the ignition interlock
358 system and reimburse each installer maintaining the system provided to probationers for whom
359 payment of costs has been waived or deferred on the grounds of indigency.
360 (8) (a) An additional fee of $100 shall be paid to the court by each probationer ordered to
361 purchase, install, use, and maintain an ignition interlock system under this section.
362 (b) The fee shall be deposited with the department as a dedicated credit for the support
363 costs incurred for indigent individuals under Subsection (7)(d).
364 (c) Failure to pay the fees required under this section shall, unless excused, constitute
365 sufficient basis for a finding by the court at a hearing that the probationer has failed to comply with
366 the terms of probation.

367 (9) (a) If a probationer is required in the course and scope of employment to operate a
368 motor vehicle owned by the probationer's employer, the probationer may operate that motor
369 vehicle in the course and scope of employment without installation of an ignition interlock system
370 only if the employer has been notified that the employee is restricted and the employee has proof
371 of the notification in his possession while operating the employer's motor vehicle.
372 (b) (i) To the extent that an employer-owned motor vehicle is made available to a
373 probationer subject to this section for personal use, no exemption under this section shall apply.
374 (ii) A probationer intending to operate an employer-owned motor vehicle for personal use
375 and who is restricted to the operation of a motor vehicle equipped with an ignition interlock system
376 shall notify the employer and obtain consent in writing from the employer to install a system in the
377 employer-owned motor vehicle.
378 (c) A motor vehicle owned by a business entity that is all or partly owned or controlled by
379 a probationer subject to this section is not a motor vehicle owned by the employer and does not
380 qualify for an exemption under this Subsection (9).
381 (10) Upon conviction for violation of this section, the court shall notify the Driver License
382 Division to immediately suspend the probationer's license to operate a motor vehicle for the
383 remainder of the period of probation.
384 (11) (a) It is a class B misdemeanor for a person to:
385 (i) circumvent or tamper with the operation of an ignition interlock system;
386 (ii) knowingly furnish a motor vehicle without an ignition interlock system to someone
387 who is not authorized to drive a motor vehicle unless the motor vehicle is equipped with an
388 ignition interlock system that is in working order;
389 (iii) rent, lease, or borrow a motor vehicle without an ignition interlock system if a driving
390 restriction is imposed under this section;
391 (iv) request another person to blow into an ignition interlock system, if the person is
392 required to have a system and the person requests or solicits another to blow into the system to
393 start the motor vehicle in order to circumvent the system;
394 (v) blow into an ignition interlock system or start a motor vehicle equipped with an
395 ignition interlock system for the purpose of providing an operable motor vehicle to another person
396 required to have a system; and
397 (vi) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the

398 system has been certified by the commissioner and the manufacturer of the system has affixed a
399 warning label, as approved by the commissioner on the system, stating that the tampering,
400 circumventing, or other misuse of the system is a class B misdemeanor.
401 (b) This Subsection (11) does not apply if the starting of a motor vehicle, or the request
402 to start a motor vehicle, equipped with an ignition interlock system is done for the purpose of
403 safety or mechanical repair of the system or the motor vehicle and the person subject to the court
404 order does not drive the motor vehicle.
405 (12) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
406 the commissioner shall make rules setting standards for the certification of ignition interlock
407 systems.
408 (b) The standards shall require that the system:
409 (i) not impede the safe operation of the motor vehicle;
410 (ii) have features that make circumventing difficult and that do not interfere with the
411 normal use of the motor vehicle;
412 (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
413 (iv) prevent the motor vehicle from being started if the driver's breath alcohol
414 concentration exceeds an ordered level;
415 (v) work accurately and reliably in an unsupervised environment;
416 (vi) resist tampering and give evidence if tampering is attempted;
417 (vii) operate reliably over the range of motor vehicle environments; and
418 (viii) be manufactured by a party who will provide liability insurance.
419 (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
420 independent laboratory tests relied upon in certification of ignition interlock systems by other
421 states.
422 (d) A list of certified systems shall be published by the commissioner and the cost of
423 certification shall be borne by the manufacturers or dealers of ignition interlock systems seeking
424 to sell, offer for sale, or lease the systems.
425 (e) In accordance with Section 63-38-3.2 , the commissioner may establish an annual dollar
426 assessment against the manufacturers of ignition interlock systems distributed in the state for the
427 costs incurred in certifying. The assessment shall be apportioned among the manufacturers on a
428 fair and reasonable basis.

429 (13) There shall be no liability on the part of, and no cause of action of any nature shall
430 arise against, the state or its employees in connection with the installation, use, operation,
431 maintenance, or supervision of an interlock ignition system as required under this section.
432 Section 4. Section 41-6-44.10 is amended to read:
433 41-6-44.10. Implied consent to chemical tests for alcohol or drug -- Number of tests
434 -- Refusal -- Warning, report -- Hearing, revocation of license -- Appeal -- Person incapable
435 of refusal -- Results of test available -- Who may give test -- Evidence.
436 (1) (a) A person operating a motor vehicle in this state is considered to have given his
437 consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining
438 whether he was operating or in actual physical control of a motor vehicle while having a blood or
439 breath alcohol content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , while
440 under the influence of alcohol, any drug, or combination of alcohol and any drug under Section
441 41-6-44 , or while having any measurable controlled substance or metabolite of a controlled
442 substance in the person's body in violation of Section 41-6-44.6 , if the test is or tests are
443 administered at the direction of a peace officer having grounds to believe that person to have been
444 operating or in actual physical control of a motor vehicle while having a blood or breath alcohol
445 content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , or while under the
446 influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44 , or
447 while having any measurable controlled substance or metabolite of a controlled substance in the
448 person's body in violation of Section 41-6-44.6 .
449 (b) (i) The peace officer determines which of the tests are administered and how many of
450 them are administered.
451 (ii) If an officer requests more than one test, refusal by a person to take one or more
452 requested tests, even though he does submit to any other requested test or tests, is a refusal under
453 this section.
454 (c) (i) A person who has been requested under this section to submit to a chemical test or
455 tests of his breath, blood, or urine, may not select the test or tests to be administered.
456 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
457 not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal,
458 civil, or administrative proceeding resulting from a person's refusal to submit to the requested test
459 or tests.

460 (2) (a) If the person has been placed under arrest, has then been requested by a peace
461 officer to submit to any one or more of the chemical tests under Subsection (1), and refuses to
462 submit to any chemical test requested, the person shall be warned by the peace officer requesting
463 the test or tests that a refusal to submit to the test or tests can result in revocation of the person's
464 license to operate a motor vehicle.
465 (b) Following the warning under Subsection (2)(a), if the person does not immediately
466 request that the chemical test or tests as offered by a peace officer be administered a peace officer
467 shall serve on the person, on behalf of the Driver License Division, immediate notice of the Driver
468 License Division's intention to revoke the person's privilege or license to operate a motor vehicle.
469 When the officer serves the immediate notice on behalf of the Driver License Division, he shall:
470 (i) take the Utah license certificate or permit, if any, of the operator;
471 (ii) issue a temporary license effective for only 29 days; and
472 (iii) supply to the operator, on a form approved by the Driver License Division, basic
473 information regarding how to obtain a hearing before the Driver License Division.
474 (c) A citation issued by a peace officer may, if approved as to form by the Driver License
475 Division, serve also as the temporary license.
476 (d) As a matter of procedure, the peace officer shall submit a signed report, within ten
477 calendar days after the date of the arrest, that he had grounds to believe the arrested person had
478 been operating or was in actual physical control of a motor vehicle while having a blood or breath
479 alcohol content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , or while under
480 the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44 ,
481 or while having any measurable controlled substance or metabolite of a controlled substance in the
482 person's body in violation of Section 41-6-44.6 , and that the person had refused to submit to a
483 chemical test or tests under Subsection (1).
484 (e) (i) A person who has been notified of the Driver License Division's intention to revoke
485 his license under this section is entitled to a hearing.
486 (ii) A request for the hearing shall be made in writing within ten calendar days after the
487 date of the arrest.
488 (iii) Upon written request, the division shall grant to the person an opportunity to be heard
489 within 29 days after the date of arrest.
490 (iv) If the person does not make a timely written request for a hearing before the division,

491 his privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the
492 date of arrest for a period of:
493 (A) one year unless Subsection (2)(e)(iv)(B) applies; or
494 (B) 18 months if the person has had a previous license sanction after July 1, 1993, under
495 this section, Section 41-6-44.6 , 53-3-223 , 53-3-231 , 53-3-232 , or a conviction after July 1, 1993,
496 under Section 41-6-44 .
497 (f) If a hearing is requested by the person, the hearing shall be conducted by the Driver
498 License Division in the county in which the offense occurred, unless the division and the person
499 both agree that the hearing may be held in some other county.
500 (g) The hearing shall be documented and shall cover the issues of:
501 (i) whether a peace officer had reasonable grounds to believe that a person was operating
502 a motor vehicle in violation of Section 41-6-44 , 41-6-44.6 , or 53-3-231 ; and
503 (ii) whether the person refused to submit to the test.
504 (h) (i) In connection with the hearing, the division or its authorized agent:
505 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and the
506 production of relevant books and papers; and
507 (B) shall issue subpoenas for the attendance of necessary peace officers.
508 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
509 accordance with the rates established in Section 21-5-4 .
510 (i) If after a hearing, the Driver License Division determines that the person was requested
511 to submit to a chemical test or tests and refused to submit to the test or tests, or if the person fails
512 to appear before the Driver License Division as required in the notice, the Driver License Division
513 shall revoke his license or permit to operate a motor vehicle in Utah beginning on the date the
514 hearing is held for a period of:
515 (i) (A) one year unless Subsection (2)(i)(i)(B) applies; or
516 (B) 18 months if the person has had a previous license sanction after July 1, 1993, under
517 this section, Section 41-6-44.6 , 53-3-223 , 53-3-231 , 53-3-232 , or a conviction after July 1, 1993,
518 under Section 41-6-44 .
519 (ii) The Driver License Division shall also assess against the person, in addition to any fee
520 imposed under Subsection 53-3-205 (14), a fee under Section 53-3-105 , which shall be paid before
521 the person's driving privilege is reinstated, to cover administrative costs.

522 (iii) The fee shall be cancelled if the person obtains an unappealed court decision
523 following a proceeding allowed under this Subsection (2) that the revocation was improper.
524 (j) (i) Any person whose license has been revoked by the Driver License Division under
525 this section may seek judicial review.
526 (ii) Judicial review of an informal adjudicative proceeding is a trial. Venue is in the
527 district court in the county in which the offense occurred.
528 (3) Any person who is dead, unconscious, or in any other condition rendering him
529 incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the
530 consent provided for in Subsection (1), and the test or tests may be administered whether the
531 person has been arrested or not.
532 (4) Upon the request of the person who was tested, the results of the test or tests shall be
533 made available to him.
534 (5) (a) Only a physician, registered nurse, practical nurse, or person authorized under
535 Section 26-1-30 , acting at the request of a peace officer, may withdraw blood to determine the
536 alcoholic or drug content. This limitation does not apply to taking a urine or breath specimen.
537 (b) Any physician, registered nurse, practical nurse, or person authorized under Section
538 26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom
539 a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
540 facility at which the sample is drawn, is immune from any civil or criminal liability arising from
541 drawing the sample, if the test is administered according to standard medical practice.
542 (6) (a) The person to be tested may, at his own expense, have a physician of his own
543 choice administer a chemical test in addition to the test or tests administered at the direction of a
544 peace officer.
545 (b) The failure or inability to obtain the additional test does not affect admissibility of the
546 results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or
547 tests to be taken at the direction of a peace officer.
548 (c) The additional test shall be subsequent to the test or tests administered at the direction
549 of a peace officer.
550 (7) For the purpose of determining whether to submit to a chemical test or tests, the person
551 to be tested does not have the right to consult an attorney or have an attorney, physician, or other
552 person present as a condition for the taking of any test.

553 (8) If a person under arrest refuses to submit to a chemical test or tests or any additional
554 test under this section, evidence of any refusal is admissible in any civil or criminal action or
555 proceeding arising out of acts alleged to have been committed while the person was operating or
556 in actual physical control of a motor vehicle while under the influence of alcohol, any drug,
557 combination of alcohol and any drug, or while having any measurable controlled substance or
558 metabolite of a controlled substance in the person's body.
559 Section 5. Section 41-6-44.30 is amended to read:
560 41-6-44.30. Seizure and impoundment of vehicles by peace officers -- Impound
561 requirements -- Removal of vehicle by owner.
562 (1) (a) If a peace officer arrests or cites the operator of a vehicle for violating Section
563 41-6-44 or 41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with
564 Subsection 41-6-43 (1), the officer shall seize and impound the vehicle, except as provided under
565 Subsection (2).
566 (b) A vehicle seized and impounded under this section shall be moved by a peace officer
567 or by a tow truck that meets the standards established:
568 (i) by the department under Subsection 41-6-102 (4)(b); and
569 (ii) under Title 72, Chapter 9, Motor Carrier Safety Act.
570 (2) If a registered owner of the vehicle, other than the operator, is present at the time of
571 arrest, the officer may release the vehicle to that registered owner, but only if the registered owner:
572 (a) requests to remove the vehicle from the scene;
573 (b) presents to the officer a valid operator's license and sufficient identification to prove
574 ownership of the vehicle;
575 (c) complies with all restrictions of his operator's license; and
576 (d) would not, in the judgment of the officer, be in violation of Section 41-6-44 or
577 41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with Subsection
578 41-6-43 (1), if permitted to operate the vehicle, and if the vehicle itself is legally operable.
579 (3) (a) The peace officer or agency by whom the officer is employed shall, within 24 hours
580 after the seizure, notify, in writing, the Motor Vehicle Division of the seizure and impoundment.
581 (b) The notice shall state:
582 (i) the operator's name;
583 (ii) a description of the vehicle;

584 (iii) its identification number, if any;
585 (iv) its license number;
586 (v) the date, time, and place of impoundment;
587 (vi) the reason for impoundment; and
588 (vii) the name of the garage or place where the vehicle is stored.
589 (4) Upon receipt of notice, the Motor Vehicle Division shall give notice to the registered
590 owner of the vehicle in the manner prescribed by Section 41-1a-114 . The notice shall:
591 (a) state the date, time, and place of impoundment, the name of the person operating the
592 vehicle at the time of seizure, if applicable, the reason for seizure and impoundment, and the name
593 of the garage or place where the vehicle is stored;
594 (b) state that the registered owner is responsible for payment of towing, impound, and
595 storage fees charged against the vehicle; and
596 (c) inform the registered owner of the vehicle of the conditions under Subsection (5) that
597 must be satisfied before the vehicle is released.
598 (5) (a) The impounded vehicle shall be released after the registered owner or the owner's
599 agent:
600 (i) makes a claim in person for release of the vehicle at any office of the State Tax
601 Commission;
602 (ii) pays an administrative impound fee of [$100] $200;
603 (iii) presents identification sufficient to prove ownership of the impounded vehicle; and
604 (iv) pays all towing and storage fees to the impound lot where the vehicle is stored.
605 (b) (i) Twenty-five dollars of the impound fees assessed under this Subsection (5) are
606 dedicated credits to the Motor Vehicle Division [and];
607 (ii) $100 of the impound fees assessed under this Subsection (5) shall be deposited in the
608 Department of Public Safety Restricted Account created in Section 53-3-106 ; and
609 (iii) the remainder shall be deposited in the General Fund.
610 (6) An impounded vehicle not claimed by the registered owner or the owner's agent within
611 the time prescribed by Section 41-1a-1103 shall be sold in accordance with that section and the
612 proceeds, if any, disposed of under Section 41-1a-1103 . The date of impoundment is considered
613 the date of seizure for computing the time period provided in Section 41-1a-1103 .
614 (7) The registered owner of the vehicle upon the payment of all fees and charges incurred

615 in the seizure and impoundment of the owner's vehicle has a cause of action for all the fees and
616 charges, together with damages, court costs, and attorney fees, against the operator of the vehicle
617 whose actions caused the impoundment.
618 (8) Liability may not be imposed upon any peace officer, the state, or any of its political
619 subdivisions on account of the enforcement of this section.
620 Section 6. Section 53-1-117 is amended to read:
621 53-1-117. Alcohol or drug enforcement funding -- Rulemaking -- Legislative
622 findings.
623 (1) From monies appropriated by the Legislature and any other funds made available for
624 the purposes described under this section, the department shall assist the law enforcement agencies
625 of the state and its political subdivisions in the enforcement of alcohol or drug-related offenses.
626 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
627 commissioner shall make rules establishing criteria and procedures for granting monies [and]
628 under this section to law enforcement agencies for:
629 (a) providing equipment, including drug and alcohol testing equipment[, to law
630 enforcement agencies under this section based on criteria established in the rules.];
631 (b) funding the training and overtime of peace officers; and
632 (c) managing driving under the influence related abandoned vehicles.
633 (3) The Legislature finds that these monies are for a general and statewide public purpose.
634 Section 7. Section 53-3-106 is amended to read:
635 53-3-106. Disposition of revenues under this chapter -- Restricted account created
636 -- Uses as provided by appropriation -- Nonlapsing.
637 (1) There is created within the Transportation Fund a restricted account known as the
638 "Department of Public Safety Restricted Account."
639 (2) The account consists of monies generated from the following revenue sources:
640 (a) all monies received under this chapter;
641 (b) administrative fees received according to the fee schedule authorized under this chapter
642 and Section 63-38-3.2 ; and
643 (c) any appropriations made to the account by the Legislature.
644 (3) (a) The account shall earn interest.
645 (b) All interest earned on account monies shall be deposited in the account.

646 (4) The expenses of the department in carrying out this chapter shall be provided for by
647 legislative appropriation from this account.
648 (5) The amount in excess of $35 of the fees collected under Subsection 53-3-105 (29) shall
649 be appropriated by the Legislature from this account to the department to implement the provisions
650 of Section 53-1-117 , except that of the amount in excess of $35, $30 shall be deposited in the State
651 Laboratory Drug Testing restricted account created in Section 26-1-34 .
652 (6) All monies received under Section 41-6-44.30 shall be appropriated by the Legislature
653 from this account to the department to implement the provisions of Section 53-3-117 .
654 [(6)] (7) Appropriations to the department from the account are nonlapsing.
655 Section 8. Section 53-3-223 is amended to read:
656 53-3-223. Chemical test for driving under the influence -- Temporary license --
657 Hearing and decision -- Suspension and fee -- Judicial review.
658 (1) (a) If a peace officer has reasonable grounds to believe that a person may be violating
659 or has violated Section 41-6-44 , prohibiting the operation of a vehicle with a certain blood or
660 breath alcohol concentration and driving under the influence of any drug, alcohol, or combination
661 of a drug and alcohol or while having any measurable controlled substance or metabolite of a
662 controlled substance in the person's body in violation of Section 41-6-44.6 , the peace officer may,
663 in connection with arresting the person, request that the person submit to a chemical test or tests
664 to be administered in compliance with the standards under Section 41-6-44.10 .
665 (b) In this section, a reference to Section 41-6-44 includes any similar local ordinance
666 adopted in compliance with Subsection 41-6-43 (1).
667 (2) The peace officer shall advise a person prior to the person's submission to a chemical
668 test that a test result indicating a violation of Section 41-6-44 or 41-6-44.6 shall, and the existence
669 of a blood alcohol content sufficient to render the person incapable of safely driving a motor
670 vehicle may, result in suspension or revocation of the person's license to drive a motor vehicle.
671 (3) If the person submits to a chemical test and the test results indicate a blood or breath
672 alcohol content in violation of Section 41-6-44 or 41-6-44.6 , or if the officer makes a
673 determination, based on reasonable grounds, that the person is otherwise in violation of Section
674 41-6-44 , the officer directing administration of the test or making the determination shall serve on
675 the person, on behalf of the division, immediate notice of the division's intention to suspend the
676 person's license to drive a motor vehicle.

677 (4) (a) When the officer serves immediate notice on behalf of the division he shall:
678 (i) take the Utah license certificate or permit, if any, of the driver;
679 (ii) issue a temporary license certificate effective for only 29 days; and
680 (iii) supply to the driver, on a form to be approved by the division, basic information
681 regarding how to obtain a prompt hearing before the division.
682 (b) A citation issued by the officer may, if approved as to form by the division, serve also
683 as the temporary license certificate.
684 (5) As a matter of procedure, the peace officer serving the notice shall send to the division
685 within ten calendar days after the date of arrest and service of the notice:
686 (a) the person's license certificate;
687 (b) a copy of the citation issued for the offense;
688 (c) a signed report on a form approved by the division indicating the chemical test results,
689 if any; and
690 (d) any other basis for the officer's determination that the person has violated Section
691 41-6-44 or 41-6-44.6 .
692 (6) (a) Upon written request, the division shall grant to the person an opportunity to be
693 heard within 29 days after the date of arrest. The request to be heard shall be made within ten
694 calendar days of the date of the arrest.
695 (b) A hearing, if held, shall be before the division in the county in which the arrest
696 occurred, unless the division and the person agree that the hearing may be held in some other
697 county.
698 (c) The hearing shall be documented and shall cover the issues of:
699 (i) whether a peace officer had reasonable grounds to believe the person was driving a
700 motor vehicle in violation of Section 41-6-44 or 41-6-44.6 ;
701 (ii) whether the person refused to submit to the test; and
702 (iii) the test results, if any.
703 (d) (i) In connection with a hearing the division or its authorized agent:
704 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and the
705 production of relevant books and papers; or
706 (B) may issue subpoenas for the attendance of necessary peace officers.
707 (ii) The division shall pay witness fees and mileage from the Transportation Fund in

708 accordance with the rates established in Section 21-5-4 .
709 (e) The division may designate one or more employees to conduct the hearing.
710 (f) Any decision made after a hearing before any designated employee is as valid as if
711 made by the division.
712 (g) After the hearing, the division shall order whether the person's license to drive a motor
713 vehicle is suspended or not.
714 (h) If the person for whom the hearing is held fails to appear before the division as
715 required in the notice, the division shall order whether the person's license to drive a motor vehicle
716 is suspended or not.
717 (7) (a) A first suspension, whether ordered or not challenged under this Subsection (7), is
718 for a period of 90 days, beginning on the 30th day after the date of the arrest.
719 (b) A second or subsequent suspension under this subsection is for a period of one year,
720 beginning on the 30th day after the date of arrest.
721 (8) (a) The division shall assess against a person, in addition to any fee imposed under
722 Subsection 53-3-205 (14) for driving under the influence, a fee under Section 53-3-105 to cover
723 administrative costs, which shall be paid before the person's driving privilege is reinstated. This
724 fee shall be cancelled if the person obtains an unappealed division hearing or court decision that
725 the suspension was not proper.
726 (b) A person whose license has been suspended by the division under this subsection may
727 file a petition within 30 days after the suspension for a hearing on the matter which, if held, is
728 governed by Section 53-3-224 .
729 Section 9. Section 53-3-231 is amended to read:
730 53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body
731 -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of
732 license or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse
733 authority or program.
734 (1) (a) As used in this section:
735 (i) "Local substance abuse authority" has the same meaning as provided in Section
736 62A-8-101 .
737 (ii) "Substance abuse program" means any substance abuse program licensed by the
738 Department of Human Services or the Department of Health and approved by the local substance

739 abuse authority.
740 (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
741 be made in accordance with the procedures in Subsection 41-6-44 (2).
742 (2) (a) A person younger than 21 years of age may not operate or be in actual physical
743 control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body
744 as shown by a chemical test.
745 (b) (i) A person with a valid operator license who violates Subsection (2)(a), in addition
746 to any other applicable penalties arising out of the incident, shall have his operator license denied
747 or suspended as provided in Subsection (2)(b)(ii).
748 (ii) (A) For a first offense under Subsection (2)(a), the Driver License Division of the
749 Department of Public Safety shall deny the person's operator license if ordered or not challenged
750 under this section for a period of 90 days beginning on the 30th day after the date of the arrest
751 under Section 32A-12-209 .
752 (B) For a second or subsequent offense under Subsection (2)(a), within three years of a
753 prior denial or suspension, the Driver License Division shall suspend the person's operator license
754 for a period of one year beginning on the 30th day after the date of arrest.
755 (c) (i) A person who has not been issued an operator license who violates Subsection
756 (2)(a), in addition to any other penalties arising out of the incident, shall be punished as provided
757 in Subsection (2)(c)(ii).
758 (ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
759 and the Driver License Division may not issue the person an operator license or learner's permit.
760 (3) (a) When a peace officer has reasonable grounds to believe that a person may be
761 violating or has violated Subsection (2), the peace officer may, in connection with arresting the
762 person for a violation of Section 32A-12-209 , request that the person submit to a chemical test or
763 tests to be administered in compliance with the standards under Section 41-6-44.10 .
764 (b) The peace officer shall advise a person prior to the person's submission to a chemical
765 test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
766 of the person's license to operate a motor vehicle or a refusal to issue a license.
767 (c) If the person submits to a chemical test and the test results indicate a blood, breath, or
768 urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination,
769 based on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the

770 officer directing administration of the test or making the determination shall serve on the person,
771 on behalf of the Driver License Division, immediate notice of the Driver License Division's
772 intention to deny or suspend the person's license to operate a vehicle or refusal to issue a license
773 under Subsection (2).
774 (4) When the officer serves immediate notice on behalf of the Driver License Division,
775 he shall:
776 (a) take the Utah license certificate or permit, if any, of the operator;
777 (b) issue a temporary license certificate effective for only 29 days if the driver had a valid
778 operator's license; and
779 (c) supply to the operator, on a form to be approved by the Driver License Division, basic
780 information regarding how to obtain a prompt hearing before the Driver License Division.
781 (5) A citation issued by the officer may, if approved as to form by the Driver License
782 Division, serve also as the temporary license certificate under Subsection (4)(b).
783 (6) As a matter of procedure, the peace officer serving the notice shall send to the Driver
784 License Division within ten calendar days after the date of arrest and service of the notice:
785 (a) the person's driver license certificate, if any;
786 (b) a copy of the citation issued for the offense;
787 (c) a signed report on a form approved by the Driver License Division indicating the
788 chemical test results, if any; and
789 (d) any other basis for the officer's determination that the person has violated Subsection
790 (2).
791 (7) (a) (i) Upon written request, the Driver License Division shall grant to the person an
792 opportunity to be heard within 29 days after the date of arrest under Section 32A-12-209 .
793 (ii) The request shall be made within ten calendar days of the date of the arrest.
794 (b) A hearing, if held, shall be before the Driver License Division in the county in which
795 the arrest occurred, unless the Driver License Division and the person agree that the hearing may
796 be held in some other county.
797 (c) The hearing shall be documented and shall cover the issues of:
798 (i) whether a peace officer had reasonable grounds to believe the person was operating a
799 motor vehicle in violation of Subsection (2)(a);
800 (ii) whether the person refused to submit to the test; and

801 (iii) the test results, if any.
802 (d) In connection with a hearing the Driver License Division or its authorized agent may
803 administer oaths and may issue subpoenas for the attendance of witnesses and the production of
804 relevant books and papers.
805 (e) One or more members of the Driver License Division may conduct the hearing.
806 (f) Any decision made after a hearing before any number of the members of the Driver
807 License Division is as valid as if made after a hearing before the full membership of the Driver
808 License Division.
809 (g) After the hearing, the Driver License Division shall order whether the person:
810 (i) with a valid license to operate a motor vehicle will have his license denied or not or
811 suspended or not; or
812 (ii) without a valid operator license will be refused a license under Subsection (2)(c).
813 (h) If the person for whom the hearing is held fails to appear before the Driver License
814 Division as required in the notice, the division shall order whether the person shall have his license
815 denied, suspended, or not denied or suspended, or whether an operator license will be refused or
816 not refused.
817 (8) (a) Following denial or suspension the Driver License Division shall assess against a
818 person, in addition to any fee imposed under Subsection 53-3-205 (14), a fee under Section
819 53-3-105 , which shall be paid before the person's driving privilege is reinstated, to cover
820 administrative costs. This fee shall be canceled if the person obtains an unappealed Driver License
821 Division hearing or court decision that the suspension was not proper.
822 (b) A person whose operator license has been denied, suspended, or postponed by the
823 Driver License Division under this section may file a petition within 30 days after the suspension
824 for a hearing on the matter which, if held, is governed by Section 53-3-224 .
825 (9) After reinstatement of an operator license for a first offense under this section, a report
826 authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
827 person's operator license under this section if he has not been convicted of any other offense for
828 which the denial or suspension may be extended.
829 (10) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
830 (2)(a) shall:
831 (i) obtain an assessment and recommendation for appropriate action from a substance

832 abuse program, but any associated costs shall be the person's responsibility; or
833 (ii) be referred by the Driver License Division to the local substance abuse authority for
834 an assessment and recommendation for appropriate action.
835 (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
836 license is contingent upon successful completion of the action recommended by the local substance
837 abuse authority or the substance abuse program.
838 (ii) The local substance abuse authority's or the substance abuse program's recommended
839 action shall be determined by an assessment of the person's alcohol abuse and may include:
840 (A) a targeted education and prevention program;
841 (B) an early intervention program; or
842 (C) a substance abuse treatment program.
843 (iii) Successful completion of the recommended action shall be determined by standards
844 established by the Division of Substance Abuse.
845 (c) At the conclusion of the penalty period imposed under Subsection (2), the local
846 substance abuse authority or the substance abuse program shall notify the Driver License Division
847 of the person's status regarding completion of the recommended action.
848 (d) The local substance abuse authorities and the substance abuse programs shall cooperate
849 with the Driver License Division in:
850 (i) conducting the assessments;
851 (ii) making appropriate recommendations for action; and
852 (iii) notifying the Driver License Division about the person's status regarding completion
853 of the recommended action.
854 (e) (i) The local substance abuse authority is responsible for the cost of the assessment of
855 the person's alcohol abuse, if the assessment is conducted by the local substance abuse authority.
856 (ii) The local substance abuse authority or a substance abuse program selected by a person
857 is responsible for:
858 (A) conducting an assessment of the person's alcohol abuse; and
859 (B) for making a referral to an appropriate program on the basis of the findings of the
860 assessment.
861 (iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
862 associated with the recommended program to which the person selected or is referred.

863 (B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale
864 consistent with the local substance abuse authority's policies and practices regarding fees for
865 services or determined by the substance abuse program.
866 Section 10. Section 53-3-233 is enacted to read:
867 53-3-233. Coded licenses.
868 (1) As used in this section:
869 (a) "Qualifying conviction" has the same meaning provided in Section 53-3-232 .
870 (b) "Qualifying conviction coded license" means a driver license with information coded
871 on the driver license indicating the person has a qualifying conviction.
872 (2) (a) The division may not issue, reinstate, or renew the driver license of a person who
873 has a qualifying conviction within the previous six years unless the person's driver license is a
874 qualifying conviction coded license.
875 (b) (i) If the division receives a notice of a qualifying conviction for a person with a valid
876 driver license, that does not require a driver license withdrawal, the division shall notify the person
877 that he has ten calendar days to apply to the division for a qualifying conviction coded license.
878 (ii) If the person fails to apply within ten days, the division shall suspend the person's
879 driver license. The suspension shall remain effective until the person applies to the division for
880 a qualifying conviction coded license.
881 Section 11. Section 53-3-418 is amended to read:
882 53-3-418. Prohibited alcohol level for drivers -- Procedures, including hearing.
883 (1) A person who holds or is required to hold a CDL may not drive a commercial motor
884 vehicle in this state if the person:
885 (a) has a blood, breath, or urine alcohol concentration of .04 grams or greater as shown by
886 a chemical test given within two hours after the alleged driving of the commercial motor vehicle;
887 or
888 (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and
889 any drug to any degree that renders the person incapable of safely driving a commercial motor
890 vehicle.
891 (2) A person who holds or is required to hold a CDL and who drives a commercial motor
892 vehicle in this state is considered to have given his consent to a test or tests of his blood, breath,
893 or urine to determine the concentration of alcohol or the presence of other drugs in his physical

894 system.
895 (3) If a peace officer or port-of-entry agent has reasonable cause to believe that a person
896 may be violating this section, the peace officer or port-of-entry agent may request the person to
897 submit to a chemical test to be administered in compliance with Section 41-6-44.3 .
898 (4) When a peace officer or port-of-entry agent requests a person to submit to a test under
899 this section, he shall advise the person that test results indicating .04 grams or greater alcohol
900 concentration or refusal to submit to any test requested will result in the person's disqualification
901 under Section 53-3-414 from driving a commercial motor vehicle.
902 (5) If test results under this section indicate .04 grams or greater of alcohol concentration
903 or the person refuses to submit to any test requested under this section, the peace officer or
904 port-of-entry agent shall on behalf of the division serve the person with immediate notice of the
905 division's intention to disqualify the person's privilege to drive a commercial motor vehicle.
906 (6) When the peace officer or port-of-entry agent serves notice under Subsection (5) he
907 shall:
908 (a) take any Utah license certificate or permit held by the driver;
909 (b) issue to the driver a temporary license certificate effective for 29 days;
910 (c) provide the driver, on a form approved by the division, basic information regarding
911 how to obtain a prompt hearing before the division; and
912 (d) issue a 24-hour out-of-service order.
913 (7) A notice of disqualification issued under Subsection (6) may serve also as the
914 temporary license certificate under that subsection, if the form is approved by the division.
915 (8) As a matter of procedure, the peace officer or port-of-entry agent serving the notice of
916 disqualification shall, within ten calendar days after the date of service, send to the division the
917 person's license certificate, a copy of the served notice, and a report signed by the peace officer or
918 port-of-entry agent that indicates the results of any chemical test administered or that the person
919 refused a test.
920 (9) (a) The person has the right to a hearing regarding the disqualification.
921 (b) The request for the hearing shall be submitted to the division in writing and shall be
922 made within ten calendar days of the date the notice was issued. If requested, the hearing shall be
923 conducted within 29 days after the notice was issued.
924 (10) (a) A hearing held under this section shall be held before the division and in the

925 county where the notice was issued, unless the division agrees to hold the hearing in another
926 county.
927 (b) The hearing shall be documented and shall determine:
928 (i) whether the peace officer or port-of-entry agent had reasonable grounds to believe the
929 person had been driving a motor vehicle in violation of this section;
930 (ii) whether the person refused to submit to any requested test; and
931 (iii) any test results obtained.
932 (c) In connection with a hearing the division or its authorized agent may administer oaths
933 and may issue subpoenas for the attendance of witnesses and the production of relevant books and
934 documents.
935 (d) One or more members of the division may conduct the hearing.
936 (e) A decision made after a hearing before any number of members of the division is as
937 valid as if the hearing were held before the full membership of the division.
938 (f) After a hearing under this section the division shall indicate by order if the person's
939 CDL is disqualified.
940 (g) If the person for whom the hearing is held fails to appear before the division as required
941 in the notice, the division shall indicate by order if the person's CDL is disqualified.
942 (11) If the division disqualifies a person under this section, the person may petition for a
943 hearing under Section 53-3-224 . The petition shall be filed within 30 days after the division issues
944 the disqualification.
945 (12) (a) A person who violates this section shall be punished in accordance with Section
946 53-3-414 .
947 (b) In accordance with Section 53-3-414 , the first disqualification under this section shall
948 be for one year, and a second disqualification shall be for life.
949 (13) (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a
950 CDL, a fee under Section 53-3-105 to cover administrative costs shall be paid before the driving
951 privilege is reinstated.
952 (b) The fees under Sections 53-3-105 and 53-3-205 shall be canceled if an unappealed
953 hearing at the division or court level determines the disqualification was not proper.
954 Section 12. Section 62A-8-103.5 is amended to read:
955 62A-8-103.5. Alcohol training and education seminar.

956 (1) Each new and renewing licensee under Title 32A who sells or furnishes alcoholic
957 beverages to the public within the scope of his employment, and each employee of every other
958 establishment who, within the scope of his employment, serves alcoholic beverages to the public
959 for consumption on the premises shall:
960 (a) complete an alcohol training and education seminar within [six] two months of
961 beginning employment; and
962 (b) pay a fee to the seminar provider.
963 (2) The division shall:
964 (a) provide alcohol training and education seminars;
965 (b) include the following subjects in the curriculum and instruction:
966 (i) alcohol as a drug and its effect on the body and behavior;
967 (ii) recognizing the problem drinker;
968 (iii) an overview of state alcohol laws;
969 (iv) dealing with the problem customer, including ways to terminate service; and
970 (v) alternative means of transportation to get the customer safely home; and
971 (c) establish a fee for each person attending the seminar in an amount sufficient to offset
972 the division's cost of administering the seminar.
973 (3) The seminar provider shall collect the fee and forward it to the division.
974 Section 13. Section 62A-8-107 is amended to read:
975 62A-8-107. Authority and responsibilities of board.
976 The board is the policymaking body for the division and for programs funded with state
977 and federal moneys under Sections 17A-3-701 and 62A-8-110.5 . The board has the following
978 duties and responsibilities:
979 (1) in establishing policy, the board shall seek input from local substance abuse authorities,
980 consumers, providers, advocates, division staff, and other interested parties as determined by the
981 board;
982 (2) to establish, by rule, minimum standards for local substance abuse authorities;
983 (3) to establish, by rule, procedures for developing its policies which ensure that local
984 substance abuse authorities are given opportunity to comment and provide input on any new policy
985 of the board or proposed changes in existing policy of the board;
986 (4) the board shall also provide a mechanism for review of its existing policy, and for

987 consideration of policy changes that are proposed by local substance abuse authorities; [and]
988 (5) to develop program policies, standards, rules, and fee schedules for the division[.]; and
989 (6) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make
990 rules approving the form and content of substance abuse treatment, educational series, and
991 screening and assessment that are described in Section 41-6-44 .