First Substitute S.B. 42

Senator Carlene M. Walker proposes the following substitute bill:

1 ALCOHOL RESTRICTED DRIVERS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carlene M. Walker
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Motor Vehicles Code and the Public Safety Code by amending
9 provisions related to certain persons operating a vehicle with any measurable or
10 detectable amount of alcohol in the person's body.
11 Highlighted Provisions:
12 This bill:
13 . changes the restricted blood alcohol content level for certain persons and changes
14 the violation from a driving under the influence violation to an alcohol restricted
15 driver violation;
16 . defines certain persons as alcohol restricted drivers;
17 . provides that it is a class B misdemeanor for an alcohol restricted driver to drive a
18 vehicle with any measurable or detectable amount of alcohol in the person's body;
19 . requires a peace officer to warn a person that has been placed under arrest for
20 refusing to submit to a chemical test for alcohol or drugs that a refusal to submit to a
21 chemical test for alcohol or drugs may result in a five or ten-year prohibition of the
22 person driving with any measurable or detectable amount of alcohol in the person's
23 body;
24 . provides that a peace officer may impound a vehicle for certain violations;
25 . prohibits the Driver License Division from issuing, reinstating, or renewing a driver

26 license in the form of a no alcohol conditional license beginning on July 1, 2005;
27 . repeals provisions regarding:
28 . no alcohol conditional licenses beginning on July 1, 2015; and
29 . coded licenses beginning on July 1, 2005; and
30 . makes technical changes.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill takes effect July 1, 2005.
35 This bill provides a coordination clause.
36 Utah Code Sections Affected:
37 AMENDS:
38 41-6a-502, as renumbered and amended by Chapter 2, Laws of Utah 2005
39 41-6a-503, as enacted by Chapter 2, Laws of Utah 2005
40 41-6a-520, as renumbered and amended by Chapter 2, Laws of Utah 2005
41 41-6a-521, as enacted by Chapter 2, Laws of Utah 2005
42 41-6a-524, as enacted by Chapter 2, Laws of Utah 2005
43 41-6a-527, as renumbered and amended by Chapter 2, Laws of Utah 2005
44 53-3-220, as last amended by Chapters 161 and 205, Laws of Utah 2004
45 53-3-227, as last amended by Chapter 205, Laws of Utah 2004
46 53-3-232, as last amended by Chapter 161, Laws of Utah 2004
47 63-55-253, as last amended by Chapter 90, Laws of Utah 2004
48 ENACTS:
49 41-6a-529, Utah Code Annotated 1953
50 41-6a-530, Utah Code Annotated 1953
51 REPEALS:
52 53-3-233, as last amended by Chapter 161, Laws of Utah 2004
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 41-6a-502 is amended to read:
56 41-6a-502. Driving under the influence of alcohol, drugs, or a combination of

57 both or with specified or unsafe blood alcohol concentration.
58 (1) A person may not operate or be in actual physical control of a vehicle within this
59 state if the person:
60 (a) has sufficient alcohol in the person's body that a subsequent chemical test shows
61 that the person has a blood or breath alcohol concentration of .08 grams or greater at the time
62 of the test;
63 (b) is under the influence of alcohol, any drug, or the combined influence of alcohol
64 and any drug to a degree that renders the person incapable of safely operating a vehicle; or
65 (c) has a blood or breath alcohol concentration of .08 grams or greater at the time of
66 operation or actual physical control[; or].
67 [(d) (i) is 21 years of age or older;]
68 [(ii) has a passenger under 16 years of age in the vehicle at the time of operation or
69 actual physical control;]
70 [(iii) has committed a violation of this Subsection (1)(d) within ten years of a prior
71 conviction as defined in Subsection 41-6a-501 (2); and]
72 [(iv) (A) has sufficient alcohol in the person's body that a subsequent chemical test
73 shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the
74 time of the test; or]
75 [(B) has a blood or breath alcohol concentration of .05 grams or greater at the time of
76 operation or actual physical control.]
77 (2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
78 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
79 alcohol per 210 liters of breath.
80 (3) A violation of this section includes a violation under a local ordinance similar to
81 this section adopted in compliance with Section 41-6a-510 .
82 Section 2. Section 41-6a-503 is amended to read:
83 41-6a-503. Penalties for driving under the influence violations.
84 (1) A person convicted the first or second time of a violation of [Subsections] Section
85 41-6a-502 [(1)(a) through (c)] is guilty of a:
86 (a) class B misdemeanor; or
87 (b) class A misdemeanor if the person:

88 (i) has also inflicted bodily injury upon another as a proximate result of having
89 operated the vehicle in a negligent manner;
90 (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
91 (iii) was 21 years of age or older and had a passenger under 18 years of age in the
92 vehicle at the time of the offense.
93 (2) A person convicted of a violation of Section 41-6a-502 is guilty of a third degree
94 felony if:
95 (a) the person has also inflicted serious bodily injury upon another as a proximate
96 result of having operated the vehicle in a negligent manner;
97 (b) the conviction under Section 41-6a-502 is within ten years of two or more prior
98 convictions as defined in Subsection 41-6a-501 (2); or
99 (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
100 (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
101 (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
102 that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
103 (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
104 conviction is reduced under Section 76-3-402 .
105 [(3) A person convicted of a violation of Subsection 41-6a-502 (1)(d) is guilty of:]
106 [(a) a class B misdemeanor; or]
107 [(b) a class A misdemeanor if the person has also inflicted bodily injury upon another
108 as a proximate result of having operated the vehicle in a negligent manner.]
109 Section 3. Section 41-6a-520 is amended to read:
110 41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
111 tests -- Refusal -- Warning, report.
112 (1) (a) A person operating a motor vehicle in this state is considered to have given the
113 person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
114 the purpose of determining whether the person was operating or in actual physical control of a
115 motor vehicle while:
116 (i) having a blood or breath alcohol content statutorily prohibited under Section
117 41-6a-502 , 41-6a-530 53-3-231 , or 53-3-232 [, or Subsection 53-3-227 (4)];
118 (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug

119 under Section 41-6a-502 ; or
120 (iii) having any measurable controlled substance or metabolite of a controlled
121 substance in the person's body in violation of Section 41-6a-517 .
122 (b) A test or tests authorized under this Subsection (1) must be administered at the
123 direction of a peace officer having grounds to believe that person to have been operating or in
124 actual physical control of a motor vehicle while in violation of any provision under Subsections
125 (1)(a)(i) through (iii).
126 (c) (i) The peace officer determines which of the tests are administered and how many
127 of them are administered.
128 (ii) If a peace officer requests more than one test, refusal by a person to take one or
129 more requested tests, even though the person does submit to any other requested test or tests, is
130 a refusal under this section.
131 (d) (i) A person who has been requested under this section to submit to a chemical test
132 or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
133 administered.
134 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
135 not a defense to taking a test requested by a peace officer, and it is not a defense in any
136 criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
137 requested test or tests.
138 (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
139 submit to the test or tests may result in revocation of the person's license to operate a motor
140 vehicle and a five or ten-year prohibition of the person driving with any measurable or
141 detectable amount of alcohol in the person's body depending on the person's prior driving
142 history if the person:
143 (i) has been placed under arrest;
144 (ii) has then been requested by a peace officer to submit to any one or more of the
145 chemical tests under Subsection (1); and
146 (iii) refuses to submit to any chemical test requested.
147 (b) (i) Following the warning under Subsection (2)(a), if the person does not
148 immediately request that the chemical test or tests as offered by a peace officer be
149 administered, a peace officer shall, on behalf of the Driver License Division and within 24

150 hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
151 privilege or license to operate a motor vehicle.
152 (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
153 peace officer shall:
154 (A) take the Utah license certificate or permit, if any, of the operator;
155 (B) issue a temporary license certificate effective for only 29 days from the date of
156 arrest; and
157 (C) supply to the operator, in a manner specified by the Driver License Division, basic
158 information regarding how to obtain a hearing before the Driver License Division.
159 (c) A citation issued by a peace officer may, if provided in a manner specified by the
160 Driver License Division, also serve as the temporary license certificate.
161 (d) As a matter of procedure, the peace officer shall submit a signed report, within ten
162 calendar days after the day on which notice is provided under Subsection (2)(b), that:
163 (i) the peace officer had grounds to believe the arrested person was in violation of any
164 provision under Subsections (1)(a)(i) through (iii); and
165 (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
166 (3) Upon the request of the person who was tested, the results of the test or tests shall
167 be made available to the person.
168 (4) (a) The person to be tested may, at the person's own expense, have a physician of
169 the person's own choice administer a chemical test in addition to the test or tests administered
170 at the direction of a peace officer.
171 (b) The failure or inability to obtain the additional test does not affect admissibility of
172 the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
173 test or tests to be taken at the direction of a peace officer.
174 (c) The additional test shall be subsequent to the test or tests administered at the
175 direction of a peace officer.
176 (5) For the purpose of determining whether to submit to a chemical test or tests, the
177 person to be tested does not have the right to consult an attorney or have an attorney, physician,
178 or other person present as a condition for the taking of any test.
179 Section 4. Section 41-6a-521 is amended to read:
180 41-6a-521. Revocation hearing for refusal -- Appeal.

181 (1) (a) A person who has been notified of the Driver License Division's intention to
182 revoke the person's license under Section 41-6a-520 is entitled to a hearing.
183 (b) A request for the hearing shall be made in writing within ten calendar days after the
184 day on which notice is provided.
185 (c) Upon request in a manner specified by the Driver License Division, the Driver
186 License Division shall grant to the person an opportunity to be heard within 29 days after the
187 date of arrest.
188 (d) If the person does not make a request for a hearing before the Driver License
189 Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
190 is revoked beginning on the 30th day after the date of arrest for a period of:
191 (i) 18 months unless Subsection (1)(d)(ii) applies; or
192 (ii) 24 months if the person has had a previous:
193 (A) license sanction for an offense that occurred within the previous ten years from the
194 date of arrest under Section 41-6a-517 , 41-6a-520 , 41-6a-530 , 53-3-223 , 53-3-231 , or
195 53-3-232 [, or Subsection 53-3-227 (4)]; or
196 (B) conviction for an offense that occurred within the previous ten years from the date
197 of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
198 constitute a violation of Section 41-6a-502 .
199 (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
200 the hearing shall be conducted by the Driver License Division in the county in which the
201 offense occurred.
202 (b) The Driver License Division may hold a hearing in some other county if the Driver
203 License Division and the person both agree.
204 (3) The hearing shall be documented and shall cover the issues of:
205 (a) whether a peace officer had reasonable grounds to believe that a person was
206 operating a motor vehicle in violation of Section 41-6a-502 , 41-6a-517 , 41-6a-530 , 53-3-231 ,
207 or [Subsection 53-3-227 (4)] 53-3-232 ; and
208 (b) whether the person refused to submit to the test or tests under Section 41-6a-520 .
209 (4) (a) In connection with the hearing, the division or its authorized agent:
210 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
211 the production of relevant books and papers; and

212 (ii) shall issue subpoenas for the attendance of necessary peace officers.
213 (b) The Driver License Division shall pay witness fees and mileage from the
214 Transportation Fund in accordance with the rates established in Section 78-46-28 .
215 (5) (a) If after a hearing, the Driver License Division determines that the person was
216 requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
217 person fails to appear before the Driver License Division as required in the notice, the Driver
218 License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
219 beginning on the date the hearing is held for a period of:
220 (i) 18 months unless Subsection (5)(a)(ii) applies; or
221 (ii) 24 months if the person has had a previous:
222 (A) license sanction for an offense that occurred within the previous ten years from the
223 date of arrest under Section 41-6a-517 , 41-6a-520 , 41-6a-530 , 53-3-223 , 53-3-231 , or
224 53-3-232 [, or Subsection 53-3-227 (4)]; or
225 (B) conviction for an offense that occurred within the previous ten years from the date
226 of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
227 constitute a violation of Section 41-6a-502 .
228 (b) The Driver License Division shall also assess against the person, in addition to any
229 fee imposed under Subsection 53-3-205 (13), a fee under Section 53-3-105 , which shall be paid
230 before the person's driving privilege is reinstated, to cover administrative costs.
231 (c) The fee shall be cancelled if the person obtains an unappealed court decision
232 following a proceeding allowed under Subsection (2) that the revocation was improper.
233 (6) (a) Any person whose license has been revoked by the Driver License Division
234 under this section may seek judicial review.
235 (b) Judicial review of an informal adjudicative proceeding is a trial.
236 (c) Venue is in the district court in the county in which the offense occurred.
237 Section 5. Section 41-6a-524 is amended to read:
238 41-6a-524. Refusal as evidence.
239 If a person under arrest refuses to submit to a chemical test or tests or any additional
240 test under Section 41-6a-520 , evidence of any refusal is admissible in any civil or criminal
241 action or proceeding arising out of acts alleged to have been committed while the person was
242 operating or in actual physical control of a motor vehicle while:

243 (1) under the influence of:
244 (a) alcohol;
245 (b) any drug; or
246 (c) a combination of alcohol and any drug; [or]
247 (2) having any measurable controlled substance or metabolite of a controlled substance
248 in the person's body[.];
249 (3) having any measurable or detectable amount of alcohol in the person's body if the
250 person is an alcohol restricted driver as defined under Section 41-6a-529 ; or
251 (4) having any measurable or detectable amount of alcohol in the person's body if the
252 person has been issued a conditional license under Section 53-3-232 .
253 Section 6. Section 41-6a-527 is amended to read:
254 41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impound
255 requirements -- Removal of vehicle by owner.
256 (1) If a peace officer arrests or cites the operator of a vehicle for violating Section
257 41-6a-502 , 41-6a-517 , 41-6a-520 , [or] 41-6a-530 , 53-3-231 , 53-3-232 , Subsection
258 41-6a-518 (10), or a local ordinance similar to Section 41-6a-502 which complies with
259 Subsection 41-6a-510 (1), [or 53-3-227 (4),] the peace officer shall seize and impound the
260 vehicle in accordance with Section 41-6a-1406 , except as provided under Subsection (2).
261 (2) If a registered owner of the vehicle, other than the operator, is present at the time of
262 arrest, the peace officer may release the vehicle to that registered owner, but only if:
263 (a) the registered owner:
264 (i) requests to remove the vehicle from the scene; and
265 (ii) presents to the peace officer sufficient identification to prove ownership of the
266 vehicle or motorboat;
267 (b) the registered owner identifies a driver with a valid operator's license who:
268 (i) complies with all restrictions of his operator's license; and
269 (ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502 ,
270 41-6a-517 , [or] 41-6a-520 , 41-6a-530 , 53-3-231 , 53-3-232 , Subsection 41-6a-518 (10), or a
271 local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510 (1) [or
272 53-3-227 (4)] if permitted to operate the vehicle; and
273 (c) the vehicle itself is legally operable.

274 (3) If necessary for transportation of a motorboat for impoundment under this section,
275 the motorboat's trailer may be used to transport the motorboat.
276 Section 7. Section 41-6a-529 is enacted to read:
277 41-6a-529. Definitions -- Alcohol restricted drivers.
278 (1) As used in this section and section 41-6a-530 , "alcohol restricted driver" means a
279 person who:
280 (a) within the last two years:
281 (i) has been convicted of:
282 (A) a misdemeanor violation of Section 41-6a-502 ;
283 (B) alcohol, any drug, or a combination of both-related reckless driving under Section
284 41-6a-512 ;
285 (C) local ordinances similar to Section 41-6a-502 or alcohol, any drug, or a
286 combination of both-related reckless driving adopted in compliance with Section 41-6a-510 ;
287 (D) a violation described in Subsections (1)(a)(i)(A) through (C), which judgment of
288 conviction is reduced under Section 76-3-402 ; or
289 (E) statutes or ordinances previously in effect in this state or in effect in any other state,
290 the United States, or any district, possession, or territory of the United States which would
291 constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
292 both-related reckless driving if committed in this state, including punishments administered
293 under 10 U.S.C. Sec. 815; or
294 (ii) has had the person's driving privilege suspended under Section 53-3-223 based on
295 an arrest which occurred on or after July 1, 2005;
296 (b) within the last five years:
297 (i) has had the person's driving privilege revoked for refusal to submit to a chemical
298 test under Section 41-6a-520 , which refusal occurred on or after July 1, 2005; or
299 (ii) (A) has been convicted of an offense described in Subsection (1)(a)(i); and
300 (B) at the time of operation or actual physical control of a vehicle the person:
301 (I) is 21 years of age or older;
302 (II) has a passenger under 16 years of age in the vehicle;
303 (c) within the last ten years:
304 (i) has been convicted of an offense described in Subsection (1)(a)(i) which conviction

305 was within ten years of a prior conviction for an offense described in Subsection (1)(a)(i); or
306 (ii) has had the person's driving privilege revoked for refusal to submit to a chemical
307 test and the refusal is within ten years after:
308 (A) a prior refusal to submit to a chemical test under Section 41-6a-520 ; or
309 (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
310 based on the same arrest as the refusal; or
311 (d) at any time has been convicted of:
312 (i) automobile homicide under Section 76-5-207 for an offense that occurred on or
313 after July 1, 2005; or
314 (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
315 1, 2005.
316 (2) For purposes of this section and Section 41-6a-530 , a plea of guilty or no contest to
317 a violation described in Subsections (1)(a)(i) which plea is held in abeyance under Title 77,
318 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been
319 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
320 Section 8. Section 41-6a-530 is enacted to read:
321 41-6a-530. Alcohol restricted drivers -- Prohibited from operating a vehicle while
322 having any measurable or detectable amount of alcohol in the person's body -- Penalties.
323 (1) An alcohol restricted driver who operates or is in actual physical control of a
324 vehicle in this state with any measurable or detectable amount of alcohol in the person's body is
325 guilty of a class B misdemeanor.
326 (2) A "measurable or detectable amount" of alcohol in the person's body may be
327 established by:
328 (a) a chemical test;
329 (b) evidence other than a chemical test; or
330 (c) a combination of Subsections (2)(a) and (b).
331 Section 9. Section 53-3-220 is amended to read:
332 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
333 disqualification of license -- Offense requiring an extension of period -- Hearing --
334 Limited driving privileges.
335 (1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter

336 [6] 6a, Traffic [Rules and Regulations] Code, specifically provides for denial, suspension, or
337 disqualification, the division shall deny, suspend, or disqualify the license of a person upon
338 receiving a record of the person's conviction for any of the following offenses:
339 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
340 automobile homicide under Section 76-5-207 ;
341 (ii) driving or being in actual physical control of a motor vehicle while under the
342 influence of alcohol, any drug, or combination of them to a degree that renders the person
343 incapable of safely driving a motor vehicle as prohibited in Section [ 41-6-44 ] 41-6a-502 or as
344 prohibited in an ordinance that complies with the requirements of Subsection [ 41-6-43 ]
345 41-6a-510 (1);
346 (iii) driving or being in actual physical control of a motor vehicle while having a blood
347 or breath alcohol content prohibited in Section [ 41-6-44 ] 41-6a-502 or as prohibited in an
348 ordinance that complies with the requirements of Subsection [ 41-6-43] 41-6a-510 (1);
349 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
350 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
351 regulating driving on highways;
352 (v) any felony under the motor vehicle laws of this state;
353 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
354 (vii) failure to stop and render aid as required under the laws of this state if a motor
355 vehicle accident results in the death or personal injury of another;
356 (viii) two charges of reckless driving committed within a period of 12 months; but if
357 upon a first conviction of reckless driving the judge or justice recommends suspension of the
358 convicted person's license, the division may after a hearing suspend the license for a period of
359 three months;
360 (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
361 required in Section [ 41-6-13.5 ] 41-6a-206 ;
362 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
363 requires disqualification;
364 (xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
365 Subsection 76-10-508 (2);
366 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or

367 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b);
368 (xiii) operating or being in actual physical control of a motor vehicle while having any
369 measurable controlled substance or metabolite of a controlled substance in the person's body in
370 violation of Section [ 41-6-44.6 ] 41-6a-517 ; [and]
371 (xiv) until July 30, 2015, operating or being in actual physical control of a motor
372 vehicle while having any alcohol in the person's body in violation of Section 53-3-232 [.]; and
373 (xv) operating or being in actual physical control of a motor vehicle while having any
374 measurable or detectable amount of alcohol in the person's body in violation of Section
375 41-6a-530 .
376 (b) The division shall immediately revoke the license of a person upon receiving a
377 record of an adjudication under Title 78, Chapter 3a, Juvenile Court Act of 1996, for any of the
378 following offenses:
379 (i) discharging or allowing the discharge of a firearm from a vehicle in violation of
380 Subsection 76-10-508 (2); and
381 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
382 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b).
383 (c) Except when action is taken under Section 53-3-219 for the same offense, the
384 division shall immediately suspend for six months the license of a person upon receiving a
385 record of conviction for any of the following offenses:
386 (i) any violation of:
387 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
388 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
389 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
390 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
391 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
392 (ii) any criminal offense that prohibits:
393 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
394 that is prohibited under the acts described in Subsection (1)(c)(i); or
395 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
396 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
397 (2) [(a)] The division shall extend the period of the first denial, suspension, revocation,

398 or disqualification for an additional like period, to a maximum of one year for each subsequent
399 occurrence, upon receiving:
400 [(i)] (a) a record of the conviction of any person on a charge of driving a motor vehicle
401 while the person's license is denied, suspended, revoked, or disqualified;
402 [(ii)] (b) a record of a conviction of the person for any violation of the motor vehicle
403 law in which the person was involved as a driver;
404 [(iii)] (c) a report of an arrest of the person for any violation of the motor vehicle law in
405 which the person was involved as a driver; or
406 [(iv)] (d) a report of an accident in which the person was involved as a driver.
407 [(b) For a violation of Subsection 53-3-227 (4), the division shall extend the period of
408 the first suspension, revocation, or disqualification for an additional one-year period.]
409 (3) When the division receives a report under Subsection (2)[(a)(iii)](c) or [(iv)] (d)
410 that a person is driving while the person's license is denied, suspended, disqualified, or
411 revoked, the person is entitled to a hearing regarding the extension of the time of denial,
412 suspension, disqualification, or revocation originally imposed under Section 53-3-221 .
413 (4) (a) The division may extend to a person the limited privilege of driving a motor
414 vehicle to and from the person's place of employment or within other specified limits on
415 recommendation of the trial judge in any case where a person is convicted of any of the
416 offenses referred to in Subsections (1) and (2) except:
417 (i) automobile homicide under Subsection (1)(a)(i);
418 (ii) those offenses referred to in Subsections (1)(a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
419 (1)(b), and (1)(c); and
420 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
421 revocation, or disqualification was imposed because of a violation of Section [41-6-44 , Section
422 41-6-44.6 ] 41-6a-502 , 41-6a-517 , a local ordinance which complies with the requirements of
423 Subsection [ 41-6-43 ] 41-6a-510 (1), Section [ 41-6-44.10 ] 41-6a-520 , or Section 76-5-207 , or a
424 criminal prohibition that the person was charged with violating as a result of a plea bargain
425 after having been originally charged with violating one or more of these sections or ordinances.
426 (b) This discretionary privilege is limited to when undue hardship would result from a
427 failure to grant the privilege and may be granted only once to any individual during any single
428 period of denial, suspension, revocation, or disqualification, or extension of that denial,

429 suspension, revocation, or disqualification.
430 (c) A limited CDL may not be granted to an individual disqualified under Part 4,
431 Uniform Commercial Driver License Act, or whose license has been revoked, suspended,
432 cancelled, or denied under this chapter.
433 Section 10. Section 53-3-227 is amended to read:
434 53-3-227. Driving a motor vehicle prohibited while driving privilege denied,
435 suspended, disqualified, or revoked -- Penalties.
436 (1) A person whose driving privilege has been denied, suspended, disqualified, or
437 revoked under this chapter or under the laws of the state in which the person's driving privilege
438 was granted and who drives any motor vehicle upon the highways of this state while that
439 driving privilege is denied, suspended, disqualified, or revoked shall be punished as provided
440 in this section.
441 (2) A person convicted of a violation of Subsection (1), other than a violation specified
442 in Subsection (3) [or (4)], is guilty of a class C misdemeanor.
443 (3) (a) A person is guilty of a class B misdemeanor if the person's conviction under
444 Subsection (1) is based on the person driving a motor vehicle while the person's driving
445 privilege is suspended, disqualified, or revoked for:
446 (i) a refusal to submit to a chemical test under Section [ 41-6-44.10 ] 41-6a-520 ;
447 (ii) a violation of Section [ 41-6-44 ] 41-6a-502 ;
448 (iii) a violation of a local ordinance that complies with the requirements of Section
449 [ 41-6-43 ] 41-6a-510 ;
450 (iv) a violation of Section [ 41-6-44.6 ] 41-6a-517 ;
451 (v) a violation of Section 76-5-207 ;
452 (vi) a criminal action that the person plead guilty to as a result of a plea bargain after
453 having been originally charged with violating one or more of the sections or ordinances under
454 this Subsection (3);
455 (vii) a revocation or suspension which has been extended under Subsection
456 53-3-220 (2); or
457 (viii) where disqualification is the result of driving a commercial motor vehicle while
458 the person's CDL is disqualified, suspended, canceled, or revoked under Subsection
459 53-3-414 (1).

460 (b) A person is guilty of a class B misdemeanor if the person's conviction under
461 Subsection (1) is based on the person driving a motor vehicle while the person's driving
462 privilege is suspended, disqualified, or revoked by any state, the United States, or any district,
463 possession, or territory of the United States for violations corresponding to the violations listed
464 in Subsections (3)(a)(i) through (viii).
465 (c) A fine imposed under this Subsection (3) shall be at least the maximum fine for a
466 class C misdemeanor under Section 76-3-301 .
467 [(4) (a) A person is guilty of a class B misdemeanor if:]
468 [(i) the person's conviction under Subsection (1) is based on the person driving a motor
469 vehicle while the person's driving privilege is suspended, disqualified, or revoked for:]
470 [(A) any violations listed in Subsections (3)(a)(i) through (vi); or]
471 [(B) a violation listed in Subsection (3)(a)(vii) if the original revocation or suspension
472 was based on any violations listed in Subsections (3)(a)(i) through (vi); and]
473 [(ii) the person had any alcohol in the person's body at the time of the violation under
474 Subsection (1).]
475 [(b) A person is guilty of a class B misdemeanor if:]
476 [(i) the person's conviction under Subsection (1) is based on the person driving a motor
477 vehicle while the person's driving privilege is suspended, disqualified, or revoked by any state,
478 the United States, or any district, possession, or territory of the United States for violations
479 corresponding to:]
480 [(A) the violations listed in Subsections (3)(a)(i) through (vi); or]
481 [(B) a violation listed in Subsection (3)(a)(vii) if the original revocation or suspension
482 was based on any violation corresponding to the violations listed in Subsections (3)(a)(i)
483 through (vi); and]
484 [(ii) the person had any alcohol in the person's body at the time of the violation under
485 Subsection (1).]
486 [(c) (i) As part of any sentence imposed for a violation of this Subsection (4), the court
487 shall order:]
488 [(A) a jail sentence of not less than 48 consecutive hours;]
489 [(B) a compensatory-service work program for not less than 48 hours; or]
490 [(C) home confinement through the use of electronic monitoring in accordance with

491 Subsection 41-6-44 (13).]
492 [(ii) In addition to the penalties under Subsection (4)(c)(i), the court shall impose a fine
493 of not less than $750.]
494 Section 11. Section 53-3-232 is amended to read:
495 53-3-232. Conditional license -- May not operate a vehicle or motorboat with
496 alcohol in body -- Penalty.
497 (1) As used in this section, "qualifying conviction" means:
498 (a) a conviction of a violation of Section [ 41-6-44 ] 41-6a-502 , Section [ 41-6-44.6 ]
499 41-6a-517 , a local ordinance which complies with the requirements of Subsection [ 41-6-43 ]
500 41-6a-510 (1), Section 76-5-207 , or of alcohol-related reckless driving as described under
501 Subsection [ 41-6-44 (9)] 41-6a-512 (1);
502 (b) a revocation under Section [ 41-6-44.10 ] 41-6a-521 if the revocation is not based on
503 the same arrest as a conviction under Subsection (1)(a); or
504 (c) a violation of Subsection (3).
505 (2) [The] (a) Until June 30, 2005, the division may only issue, reinstate, or renew a
506 driver license in the form of a no alcohol conditional license to a person who has a qualifying
507 conviction for a period of:
508 [(a)] (i) two years after issuance of a Utah driver license or permit following a first
509 qualifying conviction that occurred within the previous ten years from the date of arrest; and
510 [(b)] (ii) ten years after issuance of a Utah driver license or permit following a second
511 or subsequent qualifying conviction that occurred within the previous ten years from the date of
512 arrest.
513 (b) Beginning on July 1, 2005, the division may not issue, reinstate, or renew a driver
514 license in the form of a no alcohol conditional license.
515 (3) A no alcohol conditional license shall be issued on the condition that the person
516 may not operate or be in actual physical control of a vehicle or motorboat in this state with any
517 alcohol in the person's body.
518 (4) It is a class B misdemeanor for a person who has been issued a no alcohol
519 conditional license to operate or be in actual physical control of a vehicle or motorboat in this
520 state in violation of Subsection (3).
521 Section 12. Section 63-55-253 is amended to read:

522 63-55-253. Repeal dates, Titles 53, 53A, and 53B.
523 The following provisions of Title 53A are repealed on the following dates:
524 (1) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
525 repealed July 1, 2005.
526 (2) The State Instructional Materials Commission, created in Section 53A-14-101 , is
527 repealed July 1, 2011.
528 (3) Title 53A, Chapter 20a, Public Education Revenue Bond Act, is repealed July 1,
529 2007.
530 (4) Section 53-3-232 , Conditional licenses, is repealed July 1, 2015.
531 Section 13. Repealer.
532 This bill repeals:
533 Section 53-3-233, Coded licenses.
534 Section 14. Effective date.
535 This bill takes effect July 1, 2005.
536 Section 15. Coordinating S.B. 42 with H.B. 65.
537 If this S.B. 42 and H.B. 65, Driver License and Commercial Driver License
538 Amendments, both pass, it is the intent of the Legislature that Subsection 53-3-220 (1)(a)(xv) in
539 S.B. 42 supercedes Subsection 53-3-220 (1)(a)(xv) in H.B. 65 when the Office of Legislative
540 Research and General Counsel prepares the Utah Code database for publication.