H.B. 325

1

DRUNK DRIVING AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to driving
10 under the influence.
11 Highlighted Provisions:
12 This bill:
13 . clarifies that a person who is convicted of certain driving under the influence
14 violations is an ignition interlock restricted driver; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 41-6a-505, as enacted by Laws of Utah 2005, Chapter 2
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 41-6a-505 is amended to read:
26 41-6a-505. Sentencing requirements for driving under the influence of alcohol,
27 drugs, or a combination of both violations.

28 (1) As part of any sentence for a first conviction of Section 41-6a-502 :
29 (a) the court shall:
30 (i) (A) impose a jail sentence of not less than 48 consecutive hours;
31 (B) require the person to work in a compensatory-service work program for not less
32 than 48 hours; or
33 (C) require the person to participate in home confinement through the use of electronic
34 monitoring in accordance with Section 41-6a-506 ;
35 (ii) order the person to participate in a screening;
36 (iii) order the person to participate in an assessment, if it is found appropriate by a
37 screening under Subsection (1)(a)(ii);
38 (iv) order the person to participate in an educational series if the court does not order
39 substance abuse treatment as described under Subsection (1)(b);
40 (v) impose a fine of not less than $700; [and]
41 (vi) order probation for the person in accordance with Section 41-6a-507 , if there is
42 admissible evidence that the person had a blood alcohol level of .16 or higher; and
43 (vii) order compliance with the interlock restricted driver requirements in accordance
44 with Section 41-6a-518.2 ; and
45 (b) the court may:
46 (i) order the person to obtain substance abuse treatment if the substance abuse
47 treatment program determines that substance abuse treatment is appropriate; or
48 (ii) order probation for the person in accordance with Section 41-6a-507 .
49 (2) If a person is convicted under Section 41-6a-502 within 10 years of a prior
50 conviction as defined in Subsection 41-6a-501 (2):
51 (a) the court shall:
52 (i) (A) impose a jail sentence of not less than 240 consecutive hours;
53 (B) require the person to work in a compensatory-service work program for not less
54 than 240 hours; or
55 (C) require the person to participate in home confinement through the use of electronic
56 monitoring in accordance with Section 41-6a-506 ;
57 (ii) order the person to participate in a screening;
58 (iii) order the person to participate in an assessment, if it is found appropriate by a

59 screening under Subsection (2)(a)(ii);
60 (iv) order the person to participate in an educational series if the court does not order
61 substance abuse treatment as described under Subsection (2)(b);
62 (v) impose a fine of not less than $800; [and]
63 (vi) order probation for the person in accordance with Section 41-6a-507 ; and
64 (vii) order compliance with the interlock restricted driver requirements in accordance
65 with Section 41-6a-518.2 ; and
66 (b) the court may order the person to obtain substance abuse treatment if the substance
67 abuse treatment program determines that substance abuse treatment is appropriate.
68 (3) Under Subsection 41-6a-503 (2), if the court suspends the execution of a prison
69 sentence and places the defendant on probation:
70 (a) the court shall impose:
71 (i) a fine of not less than $1,500;
72 (ii) a jail sentence of not less than 1,500 hours;
73 (iii) supervised probation; and
74 (iv) an order requiring the person to obtain a screening and assessment and substance
75 abuse treatment at a substance abuse treatment program providing intensive care or inpatient
76 treatment and long-term closely supervised follow-through after treatment for not less than 240
77 hours; and
78 (b) the court may require the person to participate in home confinement through the use
79 of electronic monitoring in accordance with Section 41-6a-506 .
80 (4) (a) The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
81 (b) Probation or parole resulting from a conviction for a violation under this section
82 may not be terminated.
83 (5) If a person is convicted of a violation of Section 41-6a-502 and there is admissible
84 evidence that the person had a blood alcohol level of .16 or higher, the court:
85 (a) shall order compliance with the interlock restricted driver requirements in
86 accordance with Section 41-6a-518.2 ;
87 (b) shall order the following, or describe on record why the order or orders are not
88 appropriate:
89 [(a)] (i) treatment as described under Subsection (1)(b), (2)(b), or (3)(a)(iv); and

90 [(b)] (ii) one or both of the following:
91 [(i)] (A) the installation of an ignition interlock system as a condition of probation for
92 the person in accordance with Section 41-6a-518 ; or
93 [(ii)] (B) the imposition of home confinement through the use of electronic monitoring
94 in accordance with Section 41-6a-506 .




Legislative Review Note
as of 2-15-11 3:59 PM

Office of Legislative Research and General Counsel