7 LONG TITLE
8 General Description:
9 This bill removes from the definition of "interlock restricted driver" a driver convicted
10 of driving under the influence if the conviction does not involve alcohol.
11 Highlighted Provisions:
12 This bill:
13 ▸ removes from the definition of "interlock restricted driver" a driver convicted of
14 driving under the influence if the conviction does not involve alcohol; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 41-6a-518, as last amended by Laws of Utah 2016, Chapter 149
23 41-6a-518.2, as last amended by Laws of Utah 2016, Chapter 149
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-518 is amended to read:
27 41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost --
28 Impecuniosity -- Fee.
29 (1) As used in this section:
30 (a) "Commissioner" means the commissioner of the Department of Public Safety.
31 (b) "Employer verification" means written verification from the employer that:
32 (i) the employer is aware that the employee is an interlock restricted driver;
33 (ii) the vehicle the employee is operating for employment purposes is not made
34 available to the employee for personal use;
35 (iii) the business entity that employs the employee is not entirely or partly owned or
36 controlled by the employee;
37 (iv) the employer's auto insurance company is aware that the employee is an interlock
38 restricted driver; and
39 (v) the employee has been added to the employer's auto insurance policy as an operator
40 of the vehicle.
41 (c) "Ignition interlock system" or "system" means a constant monitoring device or any
42 similar device certified by the commissioner that prevents a motor vehicle from being started
43 or continuously operated without first determining the driver's breath alcohol concentration.
44 (d) "Probation provider" means the supervisor and monitor of the ignition interlock
45 system required as a condition of probation who contracts with the court in accordance with
46 Subsections 41-6a-507(2) and (3).
47 (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
48 41-6a-505, and in addition to any requirements imposed as a condition of probation, the court
49 may require that any person who is convicted of violating Section 41-6a-502 and who is
50 granted probation may not operate a motor vehicle during the period of probation unless that
51 motor vehicle is equipped with a functioning, certified ignition interlock system installed and
52 calibrated so that the motor vehicle will not start or continuously operate if the operator's blood
53 alcohol concentration exceeds a level ordered by the court.
54 (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
55 the violation occurred, the court shall order the installation of the ignition interlock system as a
56 condition of probation.
57 (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
58 prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
59 the interlock ignition system, at the person's expense, for all motor vehicles registered to that
60 person and all motor vehicles operated by that person.
61 (ii) A person who operates a motor vehicle without an ignition interlock device as
62 required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
63 (d) The division shall post the ignition interlock restriction on the electronic record
64 available to law enforcement.
65 (e) This section does not apply to a person convicted of a violation of Section
66 41-6a-502 whose violation [
67 (3) If the court imposes the use of an ignition interlock system as a condition of
68 probation, the court shall:
69 (a) stipulate on the record the requirement for and the period of the use of an ignition
70 interlock system;
71 (b) order that an ignition interlock system be installed on each motor vehicle owned or
72 operated by the probationer, at the probationer's expense;
73 (c) immediately notify the Driver License Division and the person's probation provider
74 of the order; and
75 (d) require the probationer to provide proof of compliance with the court's order to the
76 probation provider within 30 days of the order.
77 (4) (a) The probationer shall provide timely proof of installation within 30 days of an
78 order imposing the use of a system or show cause why the order was not complied with to the
79 court or to the probationer's probation provider.
80 (b) The probation provider shall notify the court of failure to comply under Subsection
82 (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
83 under Subsection (4)(b), the court shall order the Driver License Division to suspend the
84 probationer's driving privileges for the remaining period during which the compliance was
86 (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
87 to excuse the probationer's failure to comply with the court's order.
88 (5) (a) Any probationer required to install an ignition interlock system shall have the
89 system monitored by the manufacturer or dealer of the system for proper use and accuracy at
90 least semiannually and more frequently as the court may order.
91 (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
92 court or the person's probation provider.
93 (ii) The report shall be issued within 14 days following each monitoring.
94 (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
95 reasonable costs of leasing or buying and installing and maintaining the system.
96 (b) A probationer may not be excluded from this section for inability to pay the costs,
98 (i) the probationer files an affidavit of impecuniosity; and
99 (ii) the court enters a finding that the probationer is impecunious.
100 (c) In lieu of waiver of the entire amount of the cost, the court may direct the
101 probationer to make partial or installment payments of costs when appropriate.
102 (d) The ignition interlock provider shall cover the costs of waivers by the court under
103 this Subsection (6).
104 (7) (a) If a probationer is required in the course and scope of employment to operate a
105 motor vehicle owned by the probationer's employer, the probationer may operate that motor
106 vehicle without installation of an ignition interlock system only if:
107 (i) the motor vehicle is used in the course and scope of employment;
108 (ii) the employer has been notified that the employee is restricted; and
109 (iii) the employee has employer verification in the employee's possession while
110 operating the employer's motor vehicle.
111 (b) (i) To the extent that an employer-owned motor vehicle is made available to a
112 probationer subject to this section for personal use, no exemption under this section shall apply.
113 (ii) A probationer intending to operate an employer-owned motor vehicle for personal
114 use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
115 system shall notify the employer and obtain consent in writing from the employer to install a
116 system in the employer-owned motor vehicle.
117 (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
118 by a probationer subject to this section is not a motor vehicle owned by the employer and does
119 not qualify for an exemption under this Subsection (7).
120 (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
121 the commissioner shall make rules setting standards for the certification of ignition interlock
123 (b) The standards under Subsection (8)(a) shall require that the system:
124 (i) not impede the safe operation of the motor vehicle;
125 (ii) have features that make circumventing difficult and that do not interfere with the
126 normal use of the motor vehicle;
127 (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
128 (iv) prevent the motor vehicle from being started if the driver's breath alcohol
129 concentration exceeds a specified level;
130 (v) work accurately and reliably in an unsupervised environment;
131 (vi) resist tampering and give evidence if tampering is attempted;
132 (vii) operate reliably over the range of motor vehicle environments; and
133 (viii) be manufactured by a party who will provide liability insurance.
134 (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
135 independent laboratory tests relied upon in certification of ignition interlock systems by other
137 (d) A list of certified systems shall be published by the commissioner and the cost of
138 certification shall be borne by the manufacturers or dealers of ignition interlock systems
139 seeking to sell, offer for sale, or lease the systems.
140 (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
141 annual dollar assessment against the manufacturers of ignition interlock systems distributed in
142 the state for the costs incurred in certifying.
143 (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
144 manufacturers on a fair and reasonable basis.
145 (f) The commissioner shall require a provider of an ignition interlock system certified
146 in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
147 Ignition Interlock System Program Act.
148 (9) A violation of this section is a class C misdemeanor.
149 (10) There shall be no liability on the part of, and no cause of action of any nature shall
150 arise against, the state or its employees in connection with the installation, use, operation,
151 maintenance, or supervision of an interlock ignition system as required under this section.
152 Section 2. Section 41-6a-518.2 is amended to read:
153 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
154 interlock system.
155 (1) As used in this section:
156 (a) " Ignition interlock system" means a constant monitoring device or any similar
157 device that:
158 (i) is in working order at the time of operation or actual physical control; and
159 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
161 (b) (i) " Interlock restricted driver" means a person who:
162 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
163 probation or parole not to operate a motor vehicle without an ignition interlock system;
164 (B) within the last 18 months has been convicted of a driving under the influence
165 violation under Section 41-6a-502 that was committed on or after July 1, 2009;
166 (C) (I) within the last three years has been convicted of an offense that occurred after
167 May 1, 2006 which would be a conviction as defined under Section 41-6a-501; and
168 (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
169 from the date that one or more prior offenses was committed if the prior offense resulted in a
170 conviction as defined in Subsection 41-6a-501(2);
171 (D) within the last three years has been convicted of a violation of this section;
172 (E) within the last three years has had the person's driving privilege revoked for refusal
173 to submit to a chemical test under Section 41-6a-520, which refusal occurred after May 1,
175 (F) within the last three years has been convicted of a violation of Section 41-6a-502
176 and was under the age of 21 at the time the offense was committed;
177 (G) within the last six years has been convicted of a felony violation of Section
178 41-6a-502 for an offense that occurred after May 1, 2006; or
179 (H) within the last 10 years has been convicted of automobile homicide under Section
180 76-5-207 for an offense that occurred after May 1, 2006.
181 (ii) " Interlock restricted driver" does not include a person:
182 (A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
183 Section 41-6a-517[
184 are all convictions under Section 41-6a-517[
185 (B) whose conviction described in Subsection (1)(b)(i)(B) or (F) does not involve
186 alcohol and the convicting court notifies the Driver License Division at the time of sentencing
187 that the conviction does not involve alcohol.
188 (2) The division shall post the ignition interlock restriction on a person's electronic
189 record that is available to law enforcement.
190 (3) For purposes of this section, a plea of guilty or no contest to a violation of Section
191 41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
192 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
193 reduced or dismissed in accordance with the plea in abeyance agreement.
194 (4) An interlock restricted driver who operates or is in actual physical control of a
195 vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
196 (5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
197 (a) the interlock restricted driver operated or was in actual physical control of a vehicle
198 owned by the interlock restricted driver's employer;
199 (b) the interlock restricted driver had given written notice to the employer of the
200 interlock restricted driver's interlock restricted status prior to the operation or actual physical
201 control under Subsection (5)(a);
202 (c) the interlock restricted driver had on the interlock restricted driver's person, or in
203 the vehicle, at the time of operation or physical control employer verification, as defined in
204 Subsection 41-6a-518(1); and
205 (d) the operation or actual physical control described in Subsection (5)(a) was in the
206 scope of the interlock restricted driver's employment.
207 (6) The affirmative defense described in Subsection (5) does not apply to:
208 (a) an employer-owned motor vehicle that is made available to an interlock restricted
209 driver for personal use; or
210 (b) a motor vehicle owned by a business entity that is entirely or partly owned or
211 controlled by the interlock restricted driver.