S.B. 163 Enrolled

DRIVER LICENSE SUSPENSION
REQUIREMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Ron Allen
This act modifies the Public Safety Code by amending the mandatory revocation or
mandatory denial, suspension, or disqualification provisions to require a license to be
revoked, denied, suspended, or disqualified only if a person is convicted of a felony under
the motor vehicle laws rather than if the offense is punishable as a felony under the
motor vehicle laws. This act also modifies the mandatory denial, suspension, or
disqualification provisions to require suspension for any other felony conviction only if
the motor vehicle is used to facilitate the offense. This act makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-3-220, as last amended by Chapter 213, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-3-220 is amended to read:
53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
disqualification of license -- Offense requiring an extension of period -- Hearing --
Limited driving privileges.
(1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter
6, Traffic Rules and Regulations, specifically provides for denial, suspension, or
disqualification, the division shall deny, suspend, or disqualify the license of a person upon
receiving a record of his conviction for any of the following offenses:
(i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
automobile homicide under Section 76-5-207 ;
(ii) driving or being in actual physical control of a motor vehicle while under the
influence of alcohol, any drug, or combination of them to a degree that renders the person
incapable of safely driving a motor vehicle as prohibited in Section 41-6-44 or as prohibited in

an ordinance that complies with the requirements of Subsection 41-6-43 (1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood or
breath alcohol content prohibited in Section 41-6-44 or as prohibited in an ordinance that
complies with the requirements of Subsection 41-6-43 (1);
(iv) perjury or the making of a false affidavit to the division under this chapter, Title 41,
Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
regulating driving on highways;
(v) any [offense punishable as a] felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
(vii) failure to stop and render aid as required under the laws of this state if a motor
vehicle accident results in the death or personal injury of another;
(viii) two charges of reckless driving committed within a period of 12 months; but if
upon a first conviction of reckless driving the judge or justice recommends suspension of the
convicted person's license, the division may after a hearing suspend the license for a period of
three months;
(ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
required in Section 41-6-13.5 ;
(x) any offense specified in Part 4 of this chapter that requires disqualification;
(xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
Subsection 76-10-508 (2);
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b);
(xiii) operating or being in actual physical control of a motor vehicle while having any
measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section 41-6-44.6 ; and
(xiv) operating or being in actual physical control of a motor vehicle while having any
alcohol in the person's body in violation of Section 53-3-232 .
(b) The division shall immediately revoke the license of a person upon receiving a record

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of an adjudication under Title 78, Chapter 3a, Juvenile Courts, for any of the following offenses:
(i) discharging or allowing the discharge of a firearm from a vehicle in violation of
Subsection 76-10-508 (2); and
(ii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b).
(c) Except when action is taken under Section 53-3-219 for the same offense, the
division shall immediately suspend for six months the license of a person upon receiving a record
of conviction for any of the following offenses:
(i) any violation of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(ii) any criminal offense that prohibits:
(A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
that is prohibited under the acts described in Subsection (1)(c)(i); or
(B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
(2) The division shall extend the period of the first denial, suspension, revocation, or
disqualification for an additional like period, to a maximum of one year, upon receiving:
(a) a record of the conviction of any person on a charge of driving a motor vehicle while
the person's license is denied, suspended, revoked, or disqualified;
(b) a record of a conviction of the person for any violation of the motor vehicle law in
which the person was involved as a driver;
(c) a report of an arrest of the person for any violation of the motor vehicle law in which
the person was involved as a driver; or
(d) a report of an accident in which the person was involved as a driver.

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(3) When the division receives a report under Subsection (2)(c) or (d) that a person is
driving while the person's license is denied, suspended, disqualified, or revoked, the person is
entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or
revocation originally imposed under Section 53-3-221 .
(4) (a) The division may extend to a person the limited privilege of driving a motor
vehicle to and from the person's place of employment or within other specified limits on
recommendation of the trial judge in any case where a person is convicted of any of the offenses
referred to in Subsections (1) and (2) except:
(i) automobile homicide under Subsection (1)(a)(i);
(ii) those offenses referred to in Subsections (1) (a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
(1)(b), and (1)(c); and
(iii) those offenses referred to in Subsection (2) when the original denial, suspension,
revocation, or disqualification was imposed because of a violation of Section 41-6-44 , Section
41-6-44.6 , a local ordinance which complies with the requirements of Subsection 41-6-43 (1),
Section 41-6-44.10 , or Section 76-5-207 , or a criminal prohibition that the person was charged
with violating as a result of a plea bargain after having been originally charged with violating one
or more of these sections or ordinances.
(b) This discretionary privilege is limited to when undue hardship would result from a
failure to grant the privilege and may be granted only once to any individual during any single
period of denial, suspension, revocation, or disqualification, or extension of that denial,
suspension, revocation, or disqualification.
(c) A limited CDL may not be granted to an individual disqualified under Part 4 [of this
chapter], Uniform Commercial Driver License Act, or whose license has been revoked,
suspended, cancelled, or denied under this chapter.

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