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7 LONG TITLE
8 General Description:
9 This bill modifies penalties for driving under the influence if the individual is also
10 convicted for driving in the wrong direction during the same occurrence.
11 Highlighted Provisions:
12 This bill:
13 ▸ increases the penalty for driving under the influence to a class A misdemeanor if the
14 individual was also driving in the wrong direction on a freeway or controlled-access
15 highway during the same occurrence; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-503, as last amended by Laws of Utah 2009, Chapter 214
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-503 is amended to read:
27 41-6a-503. Penalties for driving under the influence violations.
28 (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
29 (a) class B misdemeanor; or
30 (b) class A misdemeanor if the person:
31 (i) has also inflicted bodily injury upon another as a proximate result of having
32 operated the vehicle in a negligent manner;
33 (ii) had a passenger under 16 years of age in the vehicle at the time of the offense; [
34 (iii) was 21 years of age or older and had a passenger under 18 years of age in the
35 vehicle at the time of the offense[
36 (iv) at the time of the violation of Section 41-6a-502, also violated Section 41-6a-714.
37 (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
38 (a) the person has also inflicted serious bodily injury upon another as a proximate
39 result of having operated the vehicle in a negligent manner;
40 (b) the person has two or more prior convictions as defined in Subsection
41 41-6a-501(2), each of which is within 10 years of:
42 (i) the current conviction under Section 41-6a-502; or
43 (ii) the commission of the offense upon which the current conviction is based; or
44 (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
45 (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
46 (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
47 that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
48 (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
49 conviction is reduced under Section 76-3-402.
50 (3) A person is guilty of a separate offense for each victim suffering bodily injury or
51 serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
52 result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
53 same episode of driving.