S.B. 12 Enrolled

1

DUI AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Sheldon L. Killpack
5 House Sponsor: Bradley G. Last
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code and the Uniform Driver License Act by
10 amending provisions relating to driving under the influence.
11 Highlighted Provisions:
12 This bill:
13 . defines driving under the influence court;
14 . provides that certain reports issued by the Driver License Division may not contain
15 evidence of an impaired driving conviction if the reporting court notifies the Driver
16 License Division that the defendant is participating in or has completed the
17 program of a driving under the influence court with exception for a CDL license
18 holder or a violation that occurred in a commercial vehicle;
19 . provides that if an impaired driving conviction is amended to a driving under the
20 influence conviction in certain circumstances, the Driver License Division shall
21 start the applicable suspension or revocation on the date of the amended conviction
22 and may not subtract any time for which the license was previously suspended or
23 revoked;
24 . requires the Driver License Division to reinstate a person's driver license prior to
25 completion of a certain 90-day suspension period immediately upon receiving
26 written verification of the person's conviction of impaired driving if:
27 . the written verification is received prior to completion of the suspension period;
28 and
29 . the reporting court notifies the Driver License Division that the defendant is

30 participating in or has successfully completed the program of a driving under the influence
31 court; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 41-6a-501, as last amended by Laws of Utah 2008, Chapter 226
40 41-6a-502.5, as enacted by Laws of Utah 2008, Chapter 226
41 41-6a-509, as enacted by Laws of Utah 2005, Chapter 2
42 53-3-223, as last amended by Laws of Utah 2008, Chapters 3, 226, and 304
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 41-6a-501 is amended to read:
46 41-6a-501. Definitions.
47 (1) As used in this part:
48 (a) "Assessment" means an in-depth clinical interview with a licensed mental health
49 therapist:
50 (i) used to determine if a person is in need of:
51 (A) substance abuse treatment that is obtained at a substance abuse program;
52 (B) an educational series; or
53 (C) a combination of Subsections (1)(a)(i)(A) and (B); and
54 (ii) that is approved by the Board of Substance Abuse and Mental Health in
55 accordance with Section 62A-15-105 .
56 (b) "Driving under the influence court" means a court that is approved as a driving
57 under the influence court by the Utah Judicial Council according to standards established by

58 the Judicial Council.
59 [(b)] (c) "Drug" or "drugs" means:
60 (i) a controlled substance as defined in Section 58-37-2 ;
61 (ii) a drug as defined in Section 58-17b-102 ; or
62 (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
63 human body, can impair the ability of a person to safely operate a motor vehicle.
64 [(c)] (d) "Educational series" means an educational series obtained at a substance
65 abuse program that is approved by the Board of Substance Abuse and Mental Health in
66 accordance with Section 62A-15-105 .
67 [(d)] (e) "Negligence" means simple negligence, the failure to exercise that degree of
68 care that an ordinarily reasonable and prudent person exercises under like or similar
69 circumstances.
70 [(e)] (f) "Screening" means a preliminary appraisal of a person:
71 (i) used to determine if the person is in need of:
72 (A) an assessment; or
73 (B) an educational series; and
74 (ii) that is approved by the Board of Substance Abuse and Mental Health in
75 accordance with Section 62A-15-105 .
76 [(f)] (g) "Serious bodily injury" means bodily injury that creates or causes:
77 (i) serious permanent disfigurement;
78 (ii) protracted loss or impairment of the function of any bodily member or organ; or
79 (iii) a substantial risk of death.
80 [(g)] (h) "Substance abuse treatment" means treatment obtained at a substance abuse
81 program that is approved by the Board of Substance Abuse and Mental Health in accordance
82 with Section 62A-15-105 .
83 [(h)] (i) "Substance abuse treatment program" means a state licensed substance abuse
84 program.
85 [(i)] (j) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in

86 Section 41-6a-102 ; and
87 (ii) "Vehicle" or "motor vehicle" includes:
88 (A) an off-highway vehicle as defined under Section 41-22-2 ; and
89 (B) a motorboat as defined in Section 73-18-2 .
90 (2) As used in Section 41-6a-503 :
91 (a) "Conviction" means any conviction for a violation of:
92 (i) driving under the influence under Section 41-6a-502 ;
93 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
94 combination of both-related reckless driving under:
95 (I) Section 41-6a-512 ; and
96 (II) Section 41-6a-528 ; or
97 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
98 41-6a-502.5 ;
99 (iii) driving with any measurable controlled substance that is taken illegally in the
100 body under Section 41-6a-517 ;
101 (iv) local ordinances similar to Section 41-6a-502 , alcohol, any drug, or a combination
102 of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
103 compliance with Section 41-6a-510 ;
104 (v) automobile homicide under Section 76-5-207 ;
105 (vi) Subsection 58-37-8 (2)(g);
106 (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
107 conviction is reduced under Section 76-3-402 ; or
108 (viii) statutes or ordinances previously in effect in this state or in effect in any other
109 state, the United States, or any district, possession, or territory of the United States which
110 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
111 both-related reckless driving if committed in this state, including punishments administered
112 under 10 U.S.C. Sec. 815.
113 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)

114 through (viii) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
115 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
116 subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
117 purposes of:
118 (i) enhancement of penalties under:
119 (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
120 (B) automobile homicide under Section 76-5-207 ; and
121 (ii) expungement under Section 77-18-12 .
122 Section 2. Section 41-6a-502.5 is amended to read:
123 41-6a-502.5. Impaired driving -- Penalty -- Sentencing requirements.
124 (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
125 Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
126 impaired driving under this section if:
127 (a) the defendant completes court ordered probation requirements; or
128 (b) (i) the prosecutor agrees as part of a negotiated plea; and
129 (ii) the court finds the plea to be in the interest of justice.
130 (2) A conviction entered under this section is a class B misdemeanor.
131 (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
132 probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
133 (ii) If the defendant fails to appear before the court and establish successful
134 completion of the court ordered probation requirements under Subsection (1)(a), the court
135 shall enter an amended conviction of Section 41-6a-502 .
136 (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
137 conviction.
138 (b) The court may enter a conviction of impaired driving immediately under
139 Subsection (1)(b).
140 (4) For purposes of Section 76-3-402 , the entry of a plea to a class B misdemeanor
141 violation of Section 41-6a-502 as impaired driving under this section is a reduction of one

142 degree.
143 (5) The court shall notify the Driver License Division of each conviction entered under
144 this section.
145 (6) (a) The provisions in Subsections 41-6a-505 (1), (2), and (3) that require a
146 sentencing court to order a convicted person to participate in a screening, an assessment, or an
147 educational series, or obtain substance abuse treatment or do a combination of those things,
148 apply to a conviction entered under this section.
149 (b) The court shall render the same order regarding screening, assessment, an
150 educational series, or substance abuse treatment in connection with a first, second, or
151 subsequent conviction under this section as the court would render in connection with
152 applying respectively, the first, second, or subsequent conviction requirements of Subsection
153 41-6a-505 (1), (2), or (3).
154 (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
155 53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
156 reporting court notifies the Driver License Division that the defendant is participating in or has
157 successfully completed the program of a driving under the influence court.
158 (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
159 (i) a CDL license holder; or
160 (ii) a violation that occurred in a commercial motor vehicle.
161 Section 3. Section 41-6a-509 is amended to read:
162 41-6a-509. Driver license suspension or revocation for a driving under the
163 influence violation.
164 (1) (a) The Driver License Division shall:
165 (i) suspend for 90 days the operator's license of a person convicted for the first time
166 under Section 41-6a-502 ;
167 (ii) revoke for one year the license of a person convicted of any subsequent offense
168 under Section 41-6a-502 or if the person has a prior conviction as defined under Subsection
169 41-6a-501 (2) if the violation is committed within a period of ten years from the date of the

170 prior violation; and
171 (iii) suspend or revoke the license of a person as ordered by the court under Subsection
172 (2).
173 (b) The Driver License Division shall subtract from any suspension or revocation
174 period the number of days for which a license was previously suspended under Section
175 53-3-223 or 53-3-231 , if the previous suspension was based on the same occurrence upon
176 which the record of conviction is based.
177 (c) If a conviction recorded as impaired driving is amended to a driving under the
178 influence conviction under Section 41-6a-502 in accordance with Subsection
179 41-6a-502.5 (3)(a)(ii), the Driver License Division:
180 (i) may not subtract from any suspension or revocation any time for which a license
181 was previously suspended or revoked under Section 53-3-223 or 53-3-231 ; and
182 (ii) shall start the suspension or revocation time under Subsection (1)(a) on the date of
183 the amended conviction.
184 (2) (a) (i) In addition to any other penalties provided in this section, a court may order
185 the operator's license of a person who is convicted of a violation of Section 41-6a-502 to be
186 suspended or revoked for an additional period of 90 days, 180 days, one year, or two years to
187 remove from the highways those persons who have shown they are safety hazards.
188 (ii) The additional suspension or revocation period provided in this Subsection (2)
189 shall begin the date on which the individual would be eligible to reinstate the individual's
190 driving privilege for a violation of Section 41-6a-502 .
191 (b) If the court suspends or revokes the person's license under this Subsection (2), the
192 court shall prepare and send to the Driver License Division an order to suspend or revoke that
193 person's driving privileges for a specified period of time.
194 (3) (a) The court shall notify the Driver License Division if a person fails to:
195 (i) complete all court ordered:
196 (A) screening;
197 (B) assessment;

198 (C) educational series;
199 (D) substance abuse treatment; and
200 (E) hours of work in a compensatory-service work program; or
201 (ii) pay all fines and fees, including fees for restitution and treatment costs.
202 (b) Upon receiving the notification described in Subsection (3)(a), the division shall
203 suspend the person's driving privilege in accordance with Subsections 53-3-221 (2) and (3).
204 Section 4. Section 53-3-223 is amended to read:
205 53-3-223. Chemical test for driving under the influence -- Temporary license --
206 Hearing and decision -- Suspension and fee -- Judicial review.
207 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
208 violating or has violated Section 41-6a-502 , prohibiting the operation of a vehicle with a
209 certain blood or breath alcohol concentration and driving under the influence of any drug,
210 alcohol, or combination of a drug and alcohol or while having any measurable controlled
211 substance or metabolite of a controlled substance in the person's body in violation of Section
212 41-6a-517 , the peace officer may, in connection with arresting the person, request that the
213 person submit to a chemical test or tests to be administered in compliance with the standards
214 under Section 41-6a-520 .
215 (b) In this section, a reference to Section 41-6a-502 includes any similar local
216 ordinance adopted in compliance with Subsection 41-6a-510 (1).
217 (2) The peace officer shall advise a person prior to the person's submission to a
218 chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
219 and the existence of a blood alcohol content sufficient to render the person incapable of safely
220 driving a motor vehicle may, result in suspension or revocation of the person's license to drive
221 a motor vehicle.
222 (3) If the person submits to a chemical test and the test results indicate a blood or
223 breath alcohol content in violation of Section 41-6a-502 or 41-6a-517 , or if a peace officer
224 makes a determination, based on reasonable grounds, that the person is otherwise in violation
225 of Section 41-6a-502 , a peace officer shall, on behalf of the division and within 24 hours of

226 arrest, give notice of the division's intention to suspend the person's license to drive a motor
227 vehicle.
228 (4) (a) When a peace officer gives notice on behalf of the division, the peace officer
229 shall:
230 (i) take the Utah license certificate or permit, if any, of the driver;
231 (ii) issue a temporary license certificate effective for only 29 days from the date of
232 arrest; and
233 (iii) supply to the driver, in a manner specified by the division, basic information
234 regarding how to obtain a prompt hearing before the division.
235 (b) A citation issued by a peace officer may, if provided in a manner specified by the
236 division, also serve as the temporary license certificate.
237 (5) As a matter of procedure, a peace officer shall send to the division within ten
238 calendar days after the day on which notice is provided:
239 (a) the person's license certificate;
240 (b) a copy of the citation issued for the offense;
241 (c) a signed report in a manner specified by the division indicating the chemical test
242 results, if any; and
243 (d) any other basis for the peace officer's determination that the person has violated
244 Section 41-6a-502 or 41-6a-517 .
245 (6) (a) Upon request in a manner specified by the division, the division shall grant to
246 the person an opportunity to be heard within 29 days after the date of arrest. The request to be
247 heard shall be made within ten calendar days of the day on which notice is provided under
248 Subsection (5).
249 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before
250 the division in the county in which the arrest occurred.
251 (ii) The division may hold a hearing in some other county if the division and the
252 person both agree.
253 (c) The hearing shall be documented and shall cover the issues of:

254 (i) whether a peace officer had reasonable grounds to believe the person was driving a
255 motor vehicle in violation of Section 41-6a-502 or 41-6a-517 ;
256 (ii) whether the person refused to submit to the test; and
257 (iii) the test results, if any.
258 (d) (i) In connection with a hearing the division or its authorized agent:
259 (A) may administer oaths and may issue subpoenas for the attendance of witnesses
260 and the production of relevant books and papers; or
261 (B) may issue subpoenas for the attendance of necessary peace officers.
262 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
263 accordance with the rates established in Section 78B-1-119 .
264 (e) The division may designate one or more employees to conduct the hearing.
265 (f) Any decision made after a hearing before any designated employee is as valid as if
266 made by the division.
267 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
268 grounds to believe that the person was driving a motor vehicle in violation of Section
269 41-6a-502 or 41-6a-517 , if the person failed to appear before the division as required in the
270 notice, or if a hearing is not requested under this section, the division shall suspend the
271 person's license or permit to operate a motor vehicle for a period of:
272 (i) 90 days beginning on the 30th day after the date of arrest for a first suspension; or
273 (ii) one year beginning on the 30th day after the date of arrest for a second or
274 subsequent suspension for an offense that occurred within the previous ten years.
275 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i), the division shall
276 reinstate a person's license prior to completion of the 90 day suspension period imposed under
277 Subsection (7)(a)(i):
278 (A) immediately upon receiving written verification of the person's dismissal of a
279 charge for a violation of Section 41-6a-502 or 41-6a-517 , if the written verification is received
280 prior to completion of the suspension period; or
281 (B) no sooner than 60 days beginning on the 30th day after the date of arrest upon

282 receiving written verification of the person's reduction of a charge for a violation of Section
283 41-6a-502 or 41-6a-517 , if the written verification is received prior to completion of the
284 suspension period.
285 (ii) Notwithstanding the provisions in Subsection (7)(a)(i) or (7)(b)(i), the division
286 shall reinstate a person's license prior to completion of the 90-day suspension period imposed
287 under Subsection (7)(a)(i) immediately upon receiving written verification of the person's
288 conviction of impaired driving under Section 41-6a-502.5 if:
289 (A) the written verification is received prior to completion of the suspension period;
290 and
291 (B) the reporting court notifies the Driver License Division that the defendant is
292 participating in or has successfully completed the program of a driving under the influence
293 court as defined in Section 41-6a-501 .
294 [(ii)] (iii) If a person's license is reinstated under this Subsection (7)(b), the person is
295 required to pay the license reinstatement fees under Subsections 53-3-105 (23) and (24).
296 [(iii)] (iv) The driver license reinstatements authorized under this Subsection (7)(b)
297 only apply to a 90 day suspension period imposed under Subsection (7)(a)(i).
298 (8) (a) The division shall assess against a person, in addition to any fee imposed under
299 Subsection 53-3-205 (12) for driving under the influence, a fee under Section 53-3-105 to
300 cover administrative costs, which shall be paid before the person's driving privilege is
301 reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or
302 court decision that the suspension was not proper.
303 (b) A person whose license has been suspended by the division under this section
304 following an administrative hearing may file a petition within 30 days after the suspension for
305 a hearing on the matter which, if held, is governed by Section 53-3-224 .