S.B. 15 Enrolled

1

DRIVING UNDER THE INFLUENCE
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Carlene M. Walker
6 House Sponsor: Paul Ray
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to driving under the influence.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions;
14 . enacts an impaired driving plea;
15 . provides that a plea to a driving under the influence violation for an offense
16 committed on or after July 1, 2008 may be entered as an impaired driving conviction
17 in certain circumstances;
18 . provides that an impaired driving violation is a class B misdemeanor;
19 . provides requirements for a court entering a conviction of impaired driving in certain
20 circumstances;
21 . requires the court to notify the Driver License Division of an impaired driving
22 conviction;
23 . provides sentencing requirements for impaired driving convictions;
24 . provides that certain plea requirements when the prosecution agrees to a plea of
25 guilty or no contest to an alcohol or drug-related reckless charge in satisfaction or
26 substitute of an original charge of driving under the influence only apply to an
27 offense committed before July 1, 2008;
28 . clarifies that certain license reinstatement provisions only apply to a certain 90 day
29 suspension period imposed by the Driver License Division;

30 . increases the administrative impound fee for a driving under the influence violation
31 impound; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 This bill appropriates:
35 . as an ongoing appropriation subject to future budget constraints, $660,000 from the
36 General Fund for fiscal year 2008-09 to the Department of Public Safety, Utah
37 Highway Patrol; and
38 . as an ongoing appropriation subject to future budget constraints, $660,000 from the
39 General Fund for fiscal year 2008-09 to the Department of Public Safety, Liquor
40 Law Enforcement Program.
41 Other Special Clauses:
42 This bill provides an effective date.
43 Utah Code Sections Affected:
44 AMENDS:
45 41-6a-501, as enacted by Laws of Utah 2005, Chapter 2
46 41-6a-510, as renumbered and amended by Laws of Utah 2005, Chapter 2
47 41-6a-512, as enacted by Laws of Utah 2005, Chapter 2
48 41-6a-518.2, as enacted by Laws of Utah 2006, Chapter 341
49 41-6a-529, as last amended by Laws of Utah 2007, Chapter 261
50 41-6a-1406, as last amended by Laws of Utah 2005, Chapter 56 and renumbered and
51 amended by Laws of Utah 2005, Chapter 2
52 53-3-220, as last amended by Laws of Utah 2007, Chapter 261
53 53-3-223, as last amended by Laws of Utah 2007, Chapter 261
54 76-5-207, as last amended by Laws of Utah 2006, Chapter 341
55 76-10-528, as last amended by Laws of Utah 2005, Chapter 2
56 ENACTS:
57 41-6a-502.5, Utah Code Annotated 1953

58
59 Be it enacted by the Legislature of the state of Utah:
60 Section 1. Section 41-6a-501 is amended to read:
61 41-6a-501. Definitions.
62 (1) As used in this part:
63 (a) "Assessment" means an in-depth clinical interview with a licensed mental health
64 therapist:
65 (i) used to determine if a person is in need of:
66 (A) substance abuse treatment that is obtained at a substance abuse program;
67 (B) an educational series; or
68 (C) a combination of Subsections (1)(a)(i)(A) and (B); and
69 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
70 with Section 62A-15-105 .
71 (b) "Drug" or "drugs" means:
72 (i) a controlled substance as defined in Section 58-37-2 ;
73 (ii) a drug as defined in Section 58-17b-102 ; or
74 (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
75 human body, can impair the ability of a person to safely operate a motor vehicle.
76 [(b)] (c) "Educational series" means an educational series obtained at a substance abuse
77 program that is approved by the Board of Substance Abuse and Mental Health in accordance
78 with Section 62A-15-105 .
79 [(c)] (d) "Negligence" means simple negligence, the failure to exercise that degree of
80 care that an ordinarily reasonable and prudent person exercises under like or similar
81 circumstances.
82 [(d)] (e) "Screening" means a preliminary appraisal of a person:
83 (i) used to determine if the person is in need of:
84 (A) an assessment; or
85 (B) an educational series; and

86 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
87 with Section 62A-15-105 .
88 [(e)] (f) "Serious bodily injury" means bodily injury that creates or causes:
89 (i) serious permanent disfigurement;
90 (ii) protracted loss or impairment of the function of any bodily member or organ; or
91 (iii) a substantial risk of death.
92 [(f)] (g) "Substance abuse treatment" means treatment obtained at a substance abuse
93 program that is approved by the Board of Substance Abuse and Mental Health in accordance
94 with Section 62A-15-105 .
95 [(g)] (h) "Substance abuse treatment program" means a state licensed substance abuse
96 program.
97 [(h)] (i) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
98 Section 41-6a-102 ; and
99 (ii) "Vehicle" or "motor vehicle" includes:
100 (A) an off-highway vehicle as defined under Section 41-22-2 ; and
101 (B) a motorboat as defined in Section 73-18-2 .
102 (2) As used in Section 41-6a-503 :
103 (a) "Conviction" means any conviction for a violation of:
104 (i) driving under the influence under Section 41-6a-502 ;
105 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
106 combination of both-related reckless driving under [Sections]:
107 (I) Section 41-6a-512 ; and
108 (II) Section 41-6a-528 ; or
109 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
110 41-6a-502.5 ;
111 (iii) driving with any measurable controlled substance that is taken illegally in the body
112 under Section 41-6a-517 ;
113 (iv) local ordinances similar to Section 41-6a-502 [or], alcohol, any drug, or a

114 combination of both-related reckless driving, or impaired driving under Section 41-6a-502.5
115 adopted in compliance with Section 41-6a-510 ;
116 (v) automobile homicide under Section 76-5-207 ;
117 (vi) Subsection 58-37-8 (2)(g);
118 (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
119 conviction is reduced under Section 76-3-402 ; or
120 (viii) statutes or ordinances previously in effect in this state or in effect in any other
121 state, the United States, or any district, possession, or territory of the United States which
122 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
123 both-related reckless driving if committed in this state, including punishments administered
124 under 10 U.S.C. Sec. 815.
125 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
126 through (viii) which plea [is] was held in abeyance under Title 77, Chapter 2a, Pleas in
127 Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
128 subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
129 purposes of:
130 (i) enhancement of penalties under:
131 (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
132 (B) automobile homicide under Section 76-5-207 ; and
133 (ii) expungement under Section 77-18-12 .
134 Section 2. Section 41-6a-502.5 is enacted to read:
135 41-6a-502.5. Impaired driving -- Penalty -- Sentencing requirements.
136 (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
137 Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
138 impaired driving under this section if:
139 (a) the defendant completes court ordered probation requirements; or
140 (b) (i) the prosecutor agrees as part of a negotiated plea; and
141 (ii) the court finds the plea to be in the interest of justice.

142 (2) A conviction entered under this section is a class B misdemeanor.
143 (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
144 probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
145 (ii) If the defendant fails to appear before the court and establish successful completion
146 of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
147 amended conviction of Section 41-6a-502 .
148 (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
149 conviction.
150 (b) The court may enter a conviction of impaired driving immediately under Subsection
151 (1)(b).
152 (4) For purposes of Section 76-3-402 , the entry of a plea to a class B misdemeanor
153 violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
154 degree.
155 (5) The court shall notify the Driver License Division of each conviction entered under
156 this section.
157 (6) (a) The provisions in Subsections 41-6a-505 (1), (2), and (3) that require a
158 sentencing court to order a convicted person to participate in a screening, an assessment, or an
159 educational series, or obtain substance abuse treatment or do a combination of those things,
160 apply to a conviction entered under this section.
161 (b) The court shall render the same order regarding screening, assessment, an
162 educational series, or substance abuse treatment in connection with a first, second, or
163 subsequent conviction under this section as the court would render in connection with applying
164 respectively, the first, second, or subsequent conviction requirements of Subsection
165 41-6a-505 (1), (2), or (3).
166 Section 3. Section 41-6a-510 is amended to read:
167 41-6a-510. Local DUI and related ordinances and reckless driving and impaired
168 driving ordinances -- Consistent with code.
169 (1) An ordinance adopted by a local authority that governs the following matters shall

170 be consistent with the provisions in this code which govern the following matters:
171 (a) a person's operating or being in actual physical control of a motor vehicle while
172 having alcohol in the blood or while under the influence of alcohol or any drug or the combined
173 influence of alcohol and any drug; or
174 (b) in relation to any of the matters described in Subsection (1)(a), the use of:
175 (i) a chemical test or chemical tests;
176 (ii) evidentiary presumptions;
177 (iii) penalties; or
178 (iv) any combination of the matters described in Subsection (1).
179 (2) An ordinance adopted by a local authority that governs reckless driving, impaired
180 driving, or operating a vehicle in willful or wanton disregard for the safety of persons or
181 property shall be consistent with the provisions of this code which govern those matters.
182 Section 4. Section 41-6a-512 is amended to read:
183 41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.
184 (1) (a) The prosecution shall state for the record a factual basis for a plea, including
185 whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
186 defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
187 contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
188 original charge of a violation of Section 41-6a-502 for an offense committed before July 1,
189 2008:
190 (i) reckless driving under Section 41-6a-528 ; or
191 (ii) an ordinance enacted under Section 41-6a-510 .
192 (b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
193 whether there was consumption of alcohol, drugs, or a combination of both, by the defendant,
194 in connection with the violation.
195 (2) The court shall advise the defendant before accepting the plea offered under this
196 section of the consequences of a violation of Section 41-6a-528 .
197 (3) The court shall notify the Driver License Division of each conviction of Section

198 41-6a-528 entered under this section.
199 (4) (a) The provisions in Subsections 41-6a-505 (1), (2), and (3) that require a
200 sentencing court to order a convicted person to participate in a screening, an assessment, or an
201 educational series or obtain substance abuse treatment or do a combination of those things,
202 apply to a conviction for a violation of Section 41-6a-528 under Subsection (1).
203 (b) The court shall render the same order regarding screening, assessment, an
204 educational series, or substance abuse treatment in connection with a first, second, or
205 subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would render
206 in connection with applying respectively, the first, second, or subsequent conviction
207 requirements of Subsections 41-6a-505 (1), (2), and (3).
208 Section 5. Section 41-6a-518.2 is amended to read:
209 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
210 interlock system.
211 (1) As used in this section:
212 (a) "ignition interlock system" means a constant monitoring device or any similar device
213 that:
214 (i) is in working order at the time of operation or actual physical control; and
215 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
216 41-6a-518 (8); and
217 (b) (i) "interlock restricted driver" means a person who:
218 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
219 probation or parole not to operate a motor vehicle without an ignition interlock system;
220 (B) (I) within the last three years has been convicted of an offense that occurred after
221 May 1, 2006 which would be a conviction as defined under Section 41-6a-501 ; and
222 (II) the [conviction] offense described under Subsection (1)(b)(i)(B)(I) is committed
223 within ten years [of one or more prior convictions] from the date that one or more prior
224 offenses was committed if the prior offense resulted in a conviction as defined in Subsection
225 41-6a-501 (2);

226 (C) within the last three years has been convicted of a violation of this section;
227 (D) within the last three years has had the person's driving privilege revoked for refusal
228 to submit to a chemical test under Section 41-6a-520 , which refusal occurred after May 1,
229 2006;
230 (E) within the last three years has been convicted of a violation of Section 41-6a-502
231 and was under the age of 21 at the time the offense was committed;
232 [(E)] (F) within the last six years has been convicted of a felony violation of Section
233 41-6a-502 for an offense that occurred after May 1, 2006; or
234 [(F)] (G) within the last ten years has been convicted of automobile homicide under
235 Section 76-5-207 for an offense that occurred after May 1, 2006; and
236 (ii) "interlock restricted driver" does not include a person if:
237 (A) the person's conviction described in Subsection (1)(b)(i)(B)(I) is a conviction under
238 Section 41-6a-517 ; and
239 (B) all of the person's prior convictions described in Subsection (1)(b)(i)(B)(II) are
240 convictions under Section 41-6a-517 .
241 (2) For purposes of this section, a plea of guilty or no contest to a violation of Section
242 41-6a-502 which plea [is] was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
243 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
244 reduced or dismissed in accordance with the plea in abeyance agreement.
245 (3) An interlock restricted driver that operates or is in actual physical control of a
246 vehicle in this state without an ignition interlock system is guilty of a class B misdemeanor.
247 (4) (a) It is an affirmative defense to a charge of a violation of Subsection (3) if:
248 (i) an interlock restricted driver:
249 (A) operated or was in actual physical control of a vehicle owned by the interlock
250 restricted driver's employer;
251 (B) had given written notice to the employer of the interlock restricted driver's interlock
252 restricted status prior to the operation or actual physical control under Subsection (4)(a)(i); and
253 (C) had on the interlock restricted driver's person or in the vehicle at the time of

254 operation or physical control proof of having given notice to the interlock restricted driver's
255 employer; and
256 (ii) the operation or actual physical control under Subsection (4)(a)(i)(A) was in the
257 scope of the interlock restricted driver's employment.
258 (b) The affirmative defense under Subsection (4)(a) does not apply to:
259 (i) an employer-owned motor vehicle that is made available to an interlock restricted
260 driver for personal use; or
261 (ii) a motor vehicle owned by a business entity that is all or partly owned or controlled
262 by the interlock restricted driver.
263 Section 6. Section 41-6a-529 is amended to read:
264 41-6a-529. Definitions -- Alcohol restricted drivers.
265 (1) As used in this section and Section 41-6a-530 , "alcohol restricted driver" means a
266 person who:
267 (a) within the last two years:
268 (i) has been convicted of:
269 (A) a misdemeanor violation of Section 41-6a-502 ;
270 (B) alcohol, any drug, or a combination of both-related reckless driving under Section
271 41-6a-512 ;
272 (C) impaired driving under Section 41-6a-502.5 ;
273 [(C)] (D) local ordinances similar to Section 41-6a-502 [or], alcohol, any drug, or a
274 combination of both-related reckless driving, or impaired driving adopted in compliance with
275 Section 41-6a-510 ;
276 [(D)] (E) a violation described in Subsections (1)(a)(i)(A) through [(C)] (D), which
277 judgment of conviction is reduced under Section 76-3-402 ; or
278 [(E)] (F) statutes or ordinances previously in effect in this state or in effect in any other
279 state, the United States, or any district, possession, or territory of the United States which
280 would constitute a violation of Section 41-6a-502 [or], alcohol, any drug, or a combination of
281 both-related reckless driving, or impaired driving if committed in this state, including

282 punishments administered under 10 U.S.C. Sec. 815; or
283 (ii) has had the person's driving privilege suspended under Section 53-3-223 for an
284 alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
285 (b) within the last three years has been convicted of a violation of this section or
286 Section 41-6a-518.2 ;
287 (c) within the last five years:
288 (i) has had the person's driving privilege revoked for refusal to submit to a chemical test
289 under Section 41-6a-520 , which refusal occurred on or after July 1, 2005; or
290 (ii) [(A)] has been convicted of [an offense described in Subsection (1)(a)(i); and] a
291 class A misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008;
292 [(B) at the time of operation or actual physical control of a vehicle the person:]
293 [(I) is 21 years of age or older; and]
294 [(II) has a passenger under 16 years of age in the vehicle;]
295 (d) within the last ten years:
296 (i) has been convicted of an offense described in Subsection (1)(a)(i) which [conviction]
297 offense was committed within ten years of [a prior conviction for an] the commission of a prior
298 offense described in Subsection (1)(a)(i) for which the person was convicted; or
299 (ii) has had the person's driving privilege revoked for refusal to submit to a chemical
300 test and the refusal is within ten years after:
301 (A) a prior refusal to submit to a chemical test under Section 41-6a-520 ; or
302 (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
303 based on the same arrest as the refusal; [or]
304 (e) at any time has been convicted of:
305 (i) automobile homicide under Section 76-5-207 for an offense that occurred on or after
306 July 1, 2005; or
307 (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
308 1, 2005[.]; or
309 (f) at the time of operation of a vehicle is under 21 years of age.

310 (2) For purposes of this section and Section 41-6a-530 , a plea of guilty or no contest to
311 a violation described in Subsection (1)(a)(i) which plea [is] was held in abeyance under Title 77,
312 Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
313 the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
314 agreement.
315 Section 7. Section 41-6a-1406 is amended to read:
316 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
317 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
318 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
319 Section 41-1a-1101 , 41-6a-527 , 41-6a-1405 , 41-6a-1408 , or 73-18-20.1 by an order of a peace
320 officer or by an order of a person acting on behalf of a law enforcement agency or highway
321 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
322 expense of the owner.
323 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
324 impounded to:
325 (a) a state impound yard; or
326 (b) if none, a garage, docking area, or other place of safety.
327 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
328 removed by a tow truck motor carrier that meets standards established:
329 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
330 (b) by the department under Subsection (10).
331 (4) (a) Immediately after the removal of the vehicle, vessel, or outboard motor, a report
332 of the removal shall be sent to the Motor Vehicle Division by:
333 (i) the peace officer or agency by whom the peace officer is employed; and
334 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
335 operator is employed.
336 (b) The report shall be in a form specified by the Motor Vehicle Division and shall
337 include:

338 (i) the operator's name, if known;
339 (ii) a description of the vehicle, vessel, or outboard motor;
340 (iii) the vehicle identification number or vessel or outboard motor identification number;
341 (iv) the license number or other identification number issued by a state agency;
342 (v) the date, time, and place of impoundment;
343 (vi) the reason for removal or impoundment;
344 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
345 outboard motor; and
346 (viii) the place where the vehicle, vessel, or outboard motor is stored.
347 (c) Until the tow truck operator or tow truck motor carrier reports the removal as
348 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
349 (i) collect any fee associated with the removal; and
350 (ii) begin charging storage fees.
351 (5) (a) Upon receipt of the report, the Motor Vehicle Division shall give notice to the
352 registered owner of the vehicle, vessel, or outboard motor and any lien holder in the manner
353 prescribed by Section 41-1a-114 .
354 (b) The notice shall:
355 (i) state the date, time, and place of removal, the name, if applicable, of the person
356 operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
357 and the place where the vehicle, vessel, or outboard motor is stored;
358 (ii) state that the registered owner is responsible for payment of towing, impound, and
359 storage fees charged against the vehicle, vessel, or outboard motor;
360 (iii) inform the registered owner of the vehicle, vessel, or outboard motor of the
361 conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and
362 (iv) inform the registered owner and lienholder of the division's intent to sell the vehicle,
363 vessel, or outboard motor, if within 30 days from the date of the removal or impoundment
364 under this section, the owner, lien holder, or the owner's agent fails to make a claim for release
365 of the vehicle, vessel, or outboard motor.

366 (c) If the vehicle, vessel, or outboard motor is not registered in this state, the Motor
367 Vehicle Division shall make a reasonable effort to notify the registered owner and any lien
368 holder of the removal and the place where the vehicle, vessel, or outboard motor is stored.
369 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
370 the vehicle, vessel, or outboard motor is stored.
371 (6) (a) The vehicle, vessel, or outboard motor shall be released after the registered
372 owner, lien holder, or the owner's agent:
373 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
374 the State Tax Commission;
375 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
376 vessel, or outboard motor;
377 (iii) completes the registration, if needed, and pays the appropriate fees;
378 (iv) if the impoundment was made under Section 41-6a-527 , pays an administrative
379 impound fee of [$230] $330; and
380 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
381 motor is stored.
382 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under Subsection
383 (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
384 (ii) $97 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be
385 deposited in the Department of Public Safety Restricted Account created in Section 53-3-106 ;
386 and
387 (iii) the remainder of the administrative impound fee assessed under Subsection
388 (6)(a)(iv) shall be deposited in the General Fund.
389 (c) The administrative impound fee assessed under Subsection (6)(a)(iv) shall be waived
390 or refunded by the State Tax Commission if the registered owner, lien holder, or owner's agent
391 presents written evidence to the State Tax Commission that:
392 (i) the Driver License Division determined that the arrested person's driver license
393 should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter

394 or other report from the Driver License Division presented within 30 days of the final
395 notification from the Driver License Division; or
396 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
397 stolen vehicle report presented within 30 days of the impoundment.
398 (7) (a) An impounded vehicle, vessel, or outboard motor not claimed by the registered
399 owner or the owner's agent within the time prescribed by Section 41-1a-1103 shall be sold in
400 accordance with that section and the proceeds, if any, shall be disposed of as provided under
401 Section 41-1a-1104 .
402 (b) The date of impoundment is considered the date of seizure for computing the time
403 period provided under Section 41-1a-1103 .
404 (8) The registered owner who pays all fees and charges incurred in the impoundment of
405 the owner's vehicle, vessel, or outboard motor, has a cause of action for all the fees and charges,
406 together with damages, court costs, and attorney fees, against the operator of the vehicle,
407 vessel, or outboard motor whose actions caused the removal or impoundment.
408 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
409 or outboard motor.
410 (10) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
411 the department shall make rules setting the performance standards for towing companies to be
412 used by the department.
413 (11) (a) The Motor Vehicle Division may specify that a report required under
414 Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
415 retrieval of the information.
416 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
417 administrator of the database may adopt a schedule of fees assessed for utilizing the database.
418 (ii) The fees under this Subsection (11)(b) shall:
419 (A) be reasonable and fair; and
420 (B) reflect the cost of administering the database.
421 Section 8. Section 53-3-220 is amended to read:

422 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
423 disqualification of license -- Offense requiring an extension of period -- Hearing --
424 Limited driving privileges.
425 (1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter
426 6a, Traffic Code, specifically provides for denial, suspension, or disqualification, the division
427 shall deny, suspend, or disqualify the license of a person upon receiving a record of the person's
428 conviction for any of the following offenses:
429 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
430 automobile homicide under Section 76-5-207 ;
431 (ii) driving or being in actual physical control of a motor vehicle while under the
432 influence of alcohol, any drug, or combination of them to a degree that renders the person
433 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited in
434 an ordinance that complies with the requirements of Subsection 41-6a-510 (1);
435 (iii) driving or being in actual physical control of a motor vehicle while having a blood
436 or breath alcohol content prohibited in Section 41-6a-502 or as prohibited in an ordinance that
437 complies with the requirements of Subsection 41-6a-510 (1);
438 (iv) perjury or the making of a false affidavit to the division under this chapter, Title 41,
439 Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
440 regulating driving on highways;
441 (v) any felony under the motor vehicle laws of this state;
442 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
443 (vii) failure to stop and render aid as required under the laws of this state if a motor
444 vehicle accident results in the death or personal injury of another;
445 (viii) two charges of reckless driving, impaired driving, or any combination of reckless
446 driving and impaired driving committed within a period of 12 months; but if upon a first
447 conviction of reckless driving or impaired driving the judge or justice recommends suspension
448 of the convicted person's license, the division may after a hearing suspend the license for a
449 period of three months;

450 (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
451 required in Section 41-6a-210 ;
452 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
453 requires disqualification;
454 (xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
455 Subsection 76-10-508 (2);
456 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
457 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b);
458 (xiii) operating or being in actual physical control of a motor vehicle while having any
459 measurable controlled substance or metabolite of a controlled substance in the person's body in
460 violation of Section 41-6a-517 ;
461 (xiv) until July 30, 2015, operating or being in actual physical control of a motor vehicle
462 while having any alcohol in the person's body in violation of Section 53-3-232 ;
463 (xv) operating or being in actual physical control of a motor vehicle while having any
464 measurable or detectable amount of alcohol in the person's body in violation of Section
465 41-6a-530 ;
466 (xvi) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
467 violation of Section 41-6a-606 ; and
468 (xvii) operating or being in actual physical control of a motor vehicle in this state
469 without an ignition interlock system in violation of Section 41-6a-518.2 .
470 (b) The division shall immediately revoke the license of a person upon receiving a
471 record of an adjudication under Title 78, Chapter 3a, Juvenile Court Act of 1996, for any of the
472 following offenses:
473 (i) discharging or allowing the discharge of a firearm from a vehicle in violation of
474 Subsection 76-10-508 (2); and
475 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
476 incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b).
477 (c) Except when action is taken under Section 53-3-219 for the same offense, the

478 division shall immediately suspend for six months the license of a person upon receiving a
479 record of conviction for any of the following offenses:
480 (i) any violation of:
481 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
482 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
483 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
484 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
485 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
486 (ii) any criminal offense that prohibits:
487 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
488 that is prohibited under the acts described in Subsection (1)(c)(i); or
489 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
490 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
491 (2) The division shall extend the period of the first denial, suspension, revocation, or
492 disqualification for an additional like period, to a maximum of one year for each subsequent
493 occurrence, upon receiving:
494 (a) a record of the conviction of any person on a charge of driving a motor vehicle
495 while the person's license is denied, suspended, revoked, or disqualified;
496 (b) a record of a conviction of the person for any violation of the motor vehicle law in
497 which the person was involved as a driver;
498 (c) a report of an arrest of the person for any violation of the motor vehicle law in
499 which the person was involved as a driver; or
500 (d) a report of an accident in which the person was involved as a driver.
501 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
502 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
503 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
504 or revocation originally imposed under Section 53-3-221 .
505 (4) (a) The division may extend to a person the limited privilege of driving a motor

506 vehicle to and from the person's place of employment or within other specified limits on
507 recommendation of the trial judge in any case where a person is convicted of any of the offenses
508 referred to in Subsections (1) and (2) except:
509 (i) automobile homicide under Subsection (1)(a)(i);
510 (ii) those offenses referred to in Subsections (1)(a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
511 (1)(b), and (1)(c); and
512 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
513 revocation, or disqualification was imposed because of a violation of Section 41-6a-502 ,
514 41-6a-517 , a local ordinance which complies with the requirements of Subsection 41-6a-510 (1),
515 Section 41-6a-520 , or Section 76-5-207 , or a criminal prohibition that the person was charged
516 with violating as a result of a plea bargain after having been originally charged with violating
517 one or more of these sections or ordinances.
518 (b) This discretionary privilege is limited to when undue hardship would result from a
519 failure to grant the privilege and may be granted only once to any individual during any single
520 period of denial, suspension, revocation, or disqualification, or extension of that denial,
521 suspension, revocation, or disqualification.
522 (c) A limited CDL may not be granted to an individual disqualified under Part 4,
523 Uniform Commercial Driver License Act, or whose license has been revoked, suspended,
524 cancelled, or denied under this chapter.
525 Section 9. Section 53-3-223 is amended to read:
526 53-3-223. Chemical test for driving under the influence -- Temporary license --
527 Hearing and decision -- Suspension and fee -- Judicial review.
528 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
529 violating or has violated Section 41-6a-502 , prohibiting the operation of a vehicle with a certain
530 blood or breath alcohol concentration and driving under the influence of any drug, alcohol, or
531 combination of a drug and alcohol or while having any measurable controlled substance or
532 metabolite of a controlled substance in the person's body in violation of Section 41-6a-517 , the
533 peace officer may, in connection with arresting the person, request that the person submit to a

534 chemical test or tests to be administered in compliance with the standards under Section
535 41-6a-520 .
536 (b) In this section, a reference to Section 41-6a-502 includes any similar local ordinance
537 adopted in compliance with Subsection 41-6a-510 (1).
538 (2) The peace officer shall advise a person prior to the person's submission to a
539 chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
540 and the existence of a blood alcohol content sufficient to render the person incapable of safely
541 driving a motor vehicle may, result in suspension or revocation of the person's license to drive a
542 motor vehicle.
543 (3) If the person submits to a chemical test and the test results indicate a blood or
544 breath alcohol content in violation of Section 41-6a-502 or 41-6a-517 , or if a peace officer
545 makes a determination, based on reasonable grounds, that the person is otherwise in violation of
546 Section 41-6a-502 , a peace officer shall, on behalf of the division and within 24 hours of arrest,
547 give notice of the division's intention to suspend the person's license to drive a motor vehicle.
548 (4) (a) When a peace officer gives notice on behalf of the division, the peace officer
549 shall:
550 (i) take the Utah license certificate or permit, if any, of the driver;
551 (ii) issue a temporary license certificate effective for only 29 days from the date of
552 arrest; and
553 (iii) supply to the driver, in a manner specified by the division, basic information
554 regarding how to obtain a prompt hearing before the division.
555 (b) A citation issued by a peace officer may, if provided in a manner specified by the
556 division, also serve as the temporary license certificate.
557 (5) As a matter of procedure, a peace officer shall send to the division within ten
558 calendar days after the day on which notice is provided:
559 (a) the person's license certificate;
560 (b) a copy of the citation issued for the offense;
561 (c) a signed report in a manner specified by the division indicating the chemical test

562 results, if any; and
563 (d) any other basis for the peace officer's determination that the person has violated
564 Section 41-6a-502 or 41-6a-517 .
565 (6) (a) Upon request in a manner specified by the division, the division shall grant to the
566 person an opportunity to be heard within 29 days after the date of arrest. The request to be
567 heard shall be made within ten calendar days of the day on which notice is provided under
568 Subsection (5).
569 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
570 division in the county in which the arrest occurred.
571 (ii) The division may hold a hearing in some other county if the division and the person
572 both agree.
573 (c) The hearing shall be documented and shall cover the issues of:
574 (i) whether a peace officer had reasonable grounds to believe the person was driving a
575 motor vehicle in violation of Section 41-6a-502 or 41-6a-517 ;
576 (ii) whether the person refused to submit to the test; and
577 (iii) the test results, if any.
578 (d) (i) In connection with a hearing the division or its authorized agent:
579 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
580 the production of relevant books and papers; or
581 (B) may issue subpoenas for the attendance of necessary peace officers.
582 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
583 accordance with the rates established in Section 78-46-28 .
584 (e) The division may designate one or more employees to conduct the hearing.
585 (f) Any decision made after a hearing before any designated employee is as valid as if
586 made by the division.
587 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
588 grounds to believe that the person was driving a motor vehicle in violation of Section 41-6a-502
589 or 41-6a-517 , if the person failed to appear before the division as required in the notice, or if a

590 hearing is not requested under this section, the division shall suspend the person's license or
591 permit to operate a motor vehicle for a period of:
592 (i) 90 days beginning on the 30th day after the date of arrest for a first suspension; or
593 (ii) one year beginning on the 30th day after the date of arrest for a second or
594 subsequent suspension for an offense that occurred within the previous ten years.
595 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i), the division shall reinstate
596 a person's license prior to completion of the 90 day suspension period imposed under
597 Subsection (7)(a)(i) [if the person's charge for a violation of Section 41-6a-502 or 41-6a-517 is
598 reduced or dismissed]:
599 (A) immediately upon receiving written verification of the person's dismissal of a charge
600 for a violation of Section 41-6a-502 or 41-6a-517 , if the written verification is received prior to
601 completion of the suspension period[.]; or
602 [(ii) The division shall immediately reinstate a person's license upon receiving written
603 verification of the person's dismissal of a charge for a violation of Section 41-6a-502 or
604 41-6a-517 .]
605 [(iii) The division shall reinstate a person's license no sooner than 60 days beginning on
606 the 30th day after the date of arrest upon receiving written verification of the person's reduction
607 of a charge for a violation of Section 41-6a-502 or 41-6a-517 .]
608 (B) no sooner than 60 days beginning on the 30th day after the date of arrest upon
609 receiving written verification of the person's reduction of a charge for a violation of Section
610 41-6a-502 or 41-6a-517 , if the written verification is received prior to completion of the
611 suspension period.
612 [(iv)] (ii) If a person's license is reinstated under this Subsection (7)(b), the person is
613 required to pay the license reinstatement fees under Subsections 53-3-105 (29) and (30).
614 (iii) The driver license reinstatements authorized under this Subsection (7)(b) only apply
615 to a 90 day suspension period imposed under Subsection (7)(a)(i).
616 (8) (a) The division shall assess against a person, in addition to any fee imposed under
617 Subsection 53-3-205 (13) for driving under the influence, a fee under Section 53-3-105 to cover

618 administrative costs, which shall be paid before the person's driving privilege is reinstated. This
619 fee shall be cancelled if the person obtains an unappealed division hearing or court decision that
620 the suspension was not proper.
621 (b) A person whose license has been suspended by the division under this section
622 following an administrative hearing may file a petition within 30 days after the suspension for a
623 hearing on the matter which, if held, is governed by Section 53-3-224 .
624 Section 10. Section 76-5-207 is amended to read:
625 76-5-207. Automobile homicide.
626 (1) As used in this section[, "motor]:
627 (a) "Drug" or "drugs" means:
628 (i) a controlled substance as defined in Section 58-37-2 ;
629 (ii) a drug as defined in Section 58-17b-102 ; or
630 (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
631 human body, can impair the ability of a person to safely operate a motor vehicle.
632 (b) "Motor vehicle" means any self-propelled vehicle and includes any automobile,
633 truck, van, motorcycle, train, engine, watercraft, or aircraft.
634 (2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person
635 operates a motor vehicle in a negligent manner causing the death of another and:
636 (i) has sufficient alcohol in his body that a subsequent chemical test shows that the
637 person has a blood or breath alcohol concentration of .08 grams or greater at the time of the
638 test;
639 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
640 any drug to a degree that renders the person incapable of safely operating a vehicle; or
641 (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
642 operation.
643 (b) A conviction for a violation of this Subsection (2) is a second degree felony if it is
644 subsequent to a conviction as defined in Subsection 41-6a-501 (2).
645 (c) As used in this Subsection (2), "negligent" means simple negligence, the failure to

646 exercise that degree of care that reasonable and prudent persons exercise under like or similar
647 circumstances.
648 (3) (a) Criminal homicide is automobile homicide, a second degree felony, if the person
649 operates a motor vehicle in a criminally negligent manner causing the death of another and:
650 (i) has sufficient alcohol in his body that a subsequent chemical test shows that the
651 person has a blood or breath alcohol concentration of .08 grams or greater at the time of the
652 test;
653 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
654 any drug to a degree that renders the person incapable of safely operating a vehicle; or
655 (iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
656 operation.
657 (b) As used in this Subsection (3), "criminally negligent" means criminal negligence as
658 defined by Subsection 76-2-103 (4).
659 (4) The standards for chemical breath analysis as provided by Section 41-6a-515 and
660 the provisions for the admissibility of chemical test results as provided by Section 41-6a-516
661 apply to determination and proof of blood alcohol content under this section.
662 (5) Calculations of blood or breath alcohol concentration under this section shall be
663 made in accordance with Subsection 41-6a-502 (1).
664 (6) The fact that a person charged with violating this section is or has been legally
665 entitled to use alcohol or a drug is not a defense.
666 (7) Evidence of a defendant's blood or breath alcohol content or drug content is
667 admissible except when prohibited by Rules of Evidence or the constitution.
668 Section 11. Section 76-10-528 is amended to read:
669 76-10-528. Carrying a dangerous weapon while under influence of alcohol or
670 drugs unlawful.
671 (1) Any person who carries a dangerous weapon while under the influence of alcohol or
672 a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under
673 the influence means the same level of influence or blood or breath alcohol concentration as

674 provided in Subsections 41-6a-502 (1)(a)[(i)] through [(iii)](c).
675 (2) It is not a defense to prosecution under this section that the person:
676 (a) is licensed in the pursuit of wildlife of any kind; or
677 (b) has a valid permit to carry a concealed firearm.
678 Section 12. Appropriation.
679 (1) As an ongoing appropriation subject to future budget constraints, there is
680 appropriated from the General Fund for fiscal year 2008-09, $660,000 to the Department of
681 Public Safety, Utah Highway Patrol to be used for additional Driving Under the Influence Law
682 Enforcement Officers.
683 (2) As an ongoing appropriation subject to future budget constraints, there is
684 appropriated from the General Fund for fiscal year 2008-09, $660,000 to the Department of
685 Public Safety, Liquor Law Enforcement Program to be used for additional Liquor Law
686 Enforcement Officers.
687 Section 13. Effective date.
688 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2008.
689 (2) If approved by two-thirds of all members elected to each house, the amendments to
690 Sections 53-3-223 and 76-10-528 take effect upon approval by the governor, or the day
691 following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the
692 governor's signature, or in the case of a veto, the date of veto override.