This document includes House Committee Amendments incorporated into the bill on Tue, Feb 18, 2020 at 7:53 AM by pflowers.
Representative Steve Eliason proposes the following substitute bill:


1     
DUI LIABILITY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends various provisions related to driving under the influence.
10     Highlighted Provisions:
11          This bill:
12          ▸     criminalizes a person's refusal to submit to a chemical test for alcohol or drugs
13     related to suspicion of driving under the influence of alcohol or drugs in certain
14     circumstances;
15          ▸     provides penalties for a person's refusal to submit to a chemical test for alcohol or
16     drugs related to suspicion of driving under the influence of alcohol or drugs;
17          ▸     clarifies that driving under the influence is a strict liability offense;
18          ▸     clarifies provisions related to driving in the wrong direction while driving under the
19     influence; Ĥ→ [
and]
19a          ▸ clarifies that the determination whether an individual is in actual physical control of
19b     a vehicle includes consideration of the totality of the circumstances, and creates a safe harbor
19c     provision related to that determination; and ←Ĥ
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:

26     AMENDS:
27          41-6a-501, as last amended by Laws of Utah 2018, Chapter 52
28          41-6a-502, as last amended by Laws of Utah 2017, Chapter 283
29          41-6a-503, as last amended by Laws of Utah 2018, Chapter 138
30          41-6a-509, as last amended by Laws of Utah 2017, Chapter 446
31          41-6a-518.2, as last amended by Laws of Utah 2019, Chapter 271
32          41-6a-520, as last amended by Laws of Utah 2019, Chapters 77 and 349
33          41-6a-529, as last amended by Laws of Utah 2018, Chapter 52
34          53-3-220, as last amended by Laws of Utah 2018, Chapters 121 and 133
35          53-3-223, as last amended by Laws of Utah 2019, Chapter 77
36          53-3-231, as last amended by Laws of Utah 2019, Chapter 77
37          77-40-105 (Effective 05/01/20), as last amended by Laws of Utah 2019, Chapter 448
38     ENACTS:
39          41-6a-521.1, Utah Code Annotated 1953
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 41-6a-501 is amended to read:
43          41-6a-501. Definitions.
44          (1) As used in this part:
45          (a) "Actual physical control" Ĥ→ is determined by a consideration of the totality of the
45a     circumstances, but ←Ĥ does not include a circumstance in which:
46          (i) the person is asleep inside the vehicle;
47          (ii) the person is not in the driver's seat of the vehicle;
48          (iii) the engine of the vehicle is not running;
49          (iv) the vehicle is lawfully parked; and
50          (v) under the facts presented, it is evident that the person Ĥ→ [
could not have driven] did
50a     not drive ←Ĥ the
51     vehicle to the location while under the influence of alcohol, a drug, or the combined influence
52     of alcohol and any drug.
53          [(a)] (b) "Assessment" means an in-depth clinical interview with a licensed mental
54     health therapist:
55          (i) used to determine if a person is in need of:
56          (A) substance abuse treatment that is obtained at a substance abuse program;

57          (B) an educational series; or
58          (C) a combination of Subsections [(1)(a)(i)(A)] (1)(b)(i)(A) and (B); and
59          (ii) that is approved by the Division of Substance Abuse and Mental Health in
60     accordance with Section 62A-15-105.
61          [(b)] (c) "Driving under the influence court" means a court that is approved as a driving
62     under the influence court by the Utah Judicial Council according to standards established by
63     the Judicial Council.
64          [(c)] (d) "Drug" or "drugs" means:
65          (i) a controlled substance as defined in Section 58-37-2;
66          (ii) a drug as defined in Section 58-17b-102; or
67          (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
68     human body, can impair the ability of a person to safely operate a motor vehicle.
69          [(d)] (e) "Educational series" means an educational series obtained at a substance abuse
70     program that is approved by the Division of Substance Abuse and Mental Health in accordance
71     with Section 62A-15-105.
72          [(e)] (f) "Negligence" means simple negligence, the failure to exercise that degree of
73     care that an ordinarily reasonable and prudent person exercises under like or similar
74     circumstances.
75          [(f)] (g) "Novice learner driver" means an individual who:
76          (i) has applied for a Utah driver license;
77          (ii) has not previously held a driver license in this state or another state; and
78          (iii) has not completed the requirements for issuance of a Utah driver license.
79          [(g)] (h) "Screening" means a preliminary appraisal of a person:
80          (i) used to determine if the person is in need of:
81          (A) an assessment; or
82          (B) an educational series; and
83          (ii) that is approved by the Division of Substance Abuse and Mental Health in
84     accordance with Section 62A-15-105.
85          [(h)] (i) "Serious bodily injury" means bodily injury that creates or causes:
86          (i) serious permanent disfigurement;
87          (ii) protracted loss or impairment of the function of any bodily member or organ; or

88          (iii) a substantial risk of death.
89          [(i)] (j) "Substance abuse treatment" means treatment obtained at a substance abuse
90     program that is approved by the Division of Substance Abuse and Mental Health in accordance
91     with Section 62A-15-105.
92          [(j)] (k) "Substance abuse treatment program" means a state licensed substance abuse
93     program.
94          [(k)] (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
95     Section 41-6a-102; and
96          (ii) "Vehicle" or "motor vehicle" includes:
97          (A) an off-highway vehicle as defined under Section 41-22-2; and
98          (B) a motorboat as defined in Section 73-18-2.
99          (2) As used in Section 41-6a-503:
100          (a) "Conviction" means any conviction arising from a separate episode of driving for a
101     violation of:
102          (i) driving under the influence under Section 41-6a-502;
103          (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
104     combination of both-related reckless driving under:
105          (I) Section 41-6a-512; and
106          (II) Section 41-6a-528; or
107          (B) for an offense committed on or after July 1, 2008, impaired driving under Section
108     41-6a-502.5;
109          (iii) driving with any measurable controlled substance that is taken illegally in the body
110     under Section 41-6a-517;
111          (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
112     of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
113     compliance with Section 41-6a-510;
114          (v) automobile homicide under Section 76-5-207;
115          (vi) Subsection 58-37-8(2)(g);
116          (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
117     conviction is reduced under Section 76-3-402; [or]
118          (viii) refusal of a chemical test under Subsection 41-6a-520(7); or

119          [(viii)] (ix) statutes or ordinances previously in effect in this state or in effect in any
120     other state, the United States, or any district, possession, or territory of the United States which
121     would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
122     both-related reckless driving if committed in this state, including punishments administered
123     under 10 U.S.C. Sec. 815.
124          (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
125     through [(viii)] (ix) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
126     Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
127     subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
128     purposes of:
129          (i) enhancement of penalties under:
130          (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
131          (B) automobile homicide under Section 76-5-207; and
132          (ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
133          (c) An admission to a violation of Section 41-6a-502 in juvenile court is the equivalent
134     of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
135     Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
136          (i) this part; and
137          (ii) automobile homicide under Section 76-5-207.
138          Section 2. Section 41-6a-502 is amended to read:
139          41-6a-502. Driving under the influence of alcohol, drugs, or a combination of
140     both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
141          (1) A person may not operate or be in actual physical control of a vehicle within this
142     state if the person:
143          (a) has sufficient alcohol in the person's body that a subsequent chemical test shows
144     that the person has a blood or breath alcohol concentration of .05 grams or greater at the time
145     of the test;
146          (b) is under the influence of alcohol, any drug, or the combined influence of alcohol
147     and any drug to a degree that renders the person incapable of safely operating a vehicle; or
148          (c) has a blood or breath alcohol concentration of .05 grams or greater at the time of
149     operation or actual physical control.

150          (2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
151     milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
152     alcohol per 210 liters of breath.
153          (3) A violation of this section includes a violation under a local ordinance similar to
154     this section adopted in compliance with Section 41-6a-510.
155          (4) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
156     Occupational and Professional Licensing, created in Section 58-1-103, a report containing the
157     name, case number, and, if known, the date of birth of each person convicted during the
158     preceding month of a violation of this section for whom there is evidence that the person was
159     driving under the influence, in whole or in part, of a prescribed controlled substance.
160          (5) An offense described in this section is a strict liability offense.
161          (6) A guilty or no contest plea to an offense described in this section may not be held in
162     abeyance.
163          Section 3. Section 41-6a-503 is amended to read:
164          41-6a-503. Penalties for driving under the influence violations.
165          (1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
166          (a) class B misdemeanor; or
167          (b) class A misdemeanor if the person:
168          (i) has also inflicted bodily injury upon another as a proximate result of having
169     operated the vehicle in a negligent manner;
170          (ii) had a passenger under 16 years of age in the vehicle at the time of the offense;
171          (iii) was 21 years of age or older and had a passenger under 18 years of age in the
172     vehicle at the time of the offense; or
173          (iv) at the time of the violation of Section 41-6a-502, also violated Section 41-6a-712
174     or 41-6a-714.
175          (2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
176          (a) the person has also inflicted serious bodily injury upon another as a proximate
177     result of having operated the vehicle in a negligent manner;
178          (b) the person has two or more prior convictions as defined in Subsection
179     41-6a-501(2), each of which is within 10 years of:
180          (i) the current conviction under Section 41-6a-502; or

181          (ii) the commission of the offense upon which the current conviction is based; or
182          (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
183          (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
184          (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
185     that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
186          (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
187     conviction is reduced under Section 76-3-402.
188          (3) A person is guilty of a separate offense for each victim suffering bodily injury or
189     serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
190     result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
191     same episode of driving.
192          Section 4. Section 41-6a-509 is amended to read:
193          41-6a-509. Driver license suspension or revocation for a driving under the
194     influence violation.
195          (1) The Driver License Division shall, if the person is 21 years of age or older at the
196     time of arrest:
197          (a) suspend for a period of 120 days the operator's license of a person convicted for the
198     first time under Section 41-6a-502 [of an offense committed on or after July 1, 2009]; or
199          (b) revoke for a period of two years the license of a person if:
200          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
201          (ii) the current [driving under the influence] violation under Section 41-6a-502 is
202     committed[: (A)] within a period of 10 years from the date of the prior violation[; and].
203          [(B) on or after July 1, 2009.]
204          (2) The Driver License Division shall, if the person is 19 years of age or older but
205     under 21 years of age at the time of arrest:
206          (a) suspend the person's driver license until the person is 21 years of age or for a period
207     of one year, whichever is longer, if the person is convicted for the first time of a [driving under
208     the influence] violation under Section 41-6a-502 of an offense that was committed on or after
209     July 1, 2011;
210          (b) deny the person's application for a license or learner's permit until the person is 21
211     years of age or for a period of one year, whichever is longer, if the person:

212          (i) is convicted for the first time of a [driving under the influence] violation under
213     Section 41-6a-502 of an offense committed on or after July 1, 2011; and
214          (ii) has not been issued an operator license;
215          (c) revoke the person's driver license until the person is 21 years of age or for a period
216     of two years, whichever is longer, if:
217          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
218          (ii) the current [driving under the influence] violation under Section 41-6a-502 is
219     committed [on or after July 1, 2009, and] within a period of 10 years from the date of the prior
220     violation; or
221          (d) deny the person's application for a license or learner's permit until the person is 21
222     years of age or for a period of two years, whichever is longer, if:
223          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
224          (ii) the current [driving under the influence] violation under Section 41-6a-502 is
225     committed [on or after July 1, 2009, and] within a period of 10 years from the date of the prior
226     violation; and
227          (iii) the person has not been issued an operator license.
228          (3) The Driver License Division shall, if the person is under 19 years of age at the time
229     of arrest:
230          (a) suspend the person's driver license until the person is 21 years of age if the person
231     is convicted for the first time of a [driving under the influence] violation under Section
232     41-6a-502 [of an offense that was committed on or after July 1, 2009];
233          (b) deny the person's application for a license or learner's permit until the person is 21
234     years of age if the person:
235          (i) is convicted for the first time of a [driving under the influence] violation under
236     Section 41-6a-502 [of an offense committed on or after July 1, 2009]; and
237          (ii) has not been issued an operator license;
238          (c) revoke the person's driver license until the person is 21 years of age if:
239          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
240          (ii) the current [driving under the influence] violation under Section 41-6a-502 is
241     committed [on or after July 1, 2009, and] within a period of 10 years from the date of the prior
242     violation; or

243          (d) deny the person's application for a license or learner's permit until the person is 21
244     years of age if:
245          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
246          (ii) the current [driving under the influence] violation under Section 41-6a-502 is
247     committed [on or after July 1, 2009, and] within a period of 10 years from the date of the prior
248     violation; and
249          (iii) the person has not been issued an operator license.
250          (4) The Driver License Division shall suspend or revoke the license of a person as
251     ordered by the court under Subsection [(10)] (9).
252          [(5) The Driver License Division shall:]
253          [(a) deny, suspend, or revoke the operator's license of a person convicted under Section
254     41-6a-502 of an offense that was committed prior to July 1, 2009, for the denial, suspension, or
255     revocation periods in effect prior to July 1, 2009; or]
256          [(b) deny, suspend, or revoke the operator's license of a person for the denial,
257     suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:]
258          [(i) the person was 20 years of age or older but under 21 years of age at the time of
259     arrest; and]
260          [(ii) the conviction under Section 41-6a-502 is for an offense that was committed on or
261     after July 1, 2009, and prior to July 1, 2011.]
262          [(6)] (5) The Driver License Division shall subtract from any suspension or revocation
263     period the number of days for which a license was previously suspended under Section
264     53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
265     which the record of conviction is based.
266          [(7)] (6) If a conviction recorded as impaired driving is amended to a driving under the
267     influence conviction under Section 41-6a-502 in accordance with Subsection
268     41-6a-502.5(3)(a)(ii), the Driver License Division:
269          (a) may not subtract from any suspension or revocation any time for which a license
270     was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
271          (b) shall start the suspension or revocation time under Subsection (1) on the date of the
272     amended conviction.
273          [(8)] (7) A court that reported a conviction of a violation of Section 41-6a-502 for a

274     violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the
275     suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to
276     completion of the suspension period if the person:
277          (a) completes at least six months of the license suspension;
278          (b) completes a screening;
279          (c) completes an assessment, if it is found appropriate by a screening under Subsection
280     [(8)] (7)(b);
281          (d) completes substance abuse treatment if it is found appropriate by the assessment
282     under Subsection [(8)] (7)(c);
283          (e) completes an educational series if substance abuse treatment is not required by an
284     assessment under Subsection [(8)] (7)(c) or the court does not order substance abuse treatment;
285          (f) has not been convicted of a violation of any motor vehicle law in which the person
286     was involved as the operator of the vehicle during the suspension period imposed under
287     Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
288          (g) has complied with all the terms of the person's probation or all orders of the court if
289     not ordered to probation; and
290          (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
291     person has not unlawfully consumed alcohol during the suspension period imposed under
292     Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
293          (ii) is under 18 years of age and has the person's parent or legal guardian provide an
294     affidavit or sworn statement to the court certifying that to the parent or legal guardian's
295     knowledge the person has not unlawfully consumed alcohol during the suspension period
296     imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
297          [(9)] (8) If the court shortens a person's license suspension period in accordance with
298     the requirements of Subsection [(8)] (7), the court shall forward the order shortening the
299     person's suspension period prior to the completion of the suspension period imposed under
300     Subsection (2)(a) or (b) or Subsection (3)(a) or (b) to the Driver License Division.
301          [(10)] (9) (a) (i) In addition to any other penalties provided in this section, a court may
302     order the operator's license of a person who is convicted of a violation of Section 41-6a-502 to
303     be suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or
304     two years to remove from the highways those persons who have shown they are safety hazards.

305          (ii) The additional suspension or revocation period provided in this Subsection [(10)]
306     (9) shall begin the date on which the individual would be eligible to reinstate the individual's
307     driving privilege for a violation of Section 41-6a-502.
308          (b) If the court suspends or revokes the person's license under this Subsection [(10)]
309     (9), the court shall prepare and send to the Driver License Division an order to suspend or
310     revoke that person's driving privileges for a specified period of time.
311          [(11)] (10) (a) The court shall notify the Driver License Division if a person fails to:
312          (i) complete all court ordered:
313          (A) screening;
314          (B) assessment;
315          (C) educational series;
316          (D) substance abuse treatment; and
317          (E) hours of work in a compensatory-service work program; or
318          (ii) pay all fines and fees, including fees for restitution and treatment costs.
319          (b) Upon receiving the notification described in Subsection [(11)] (10)(a), the division
320     shall suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and
321     (3).
322          [(12)] (11) (a) A court that reported a conviction of a violation of Section 41-6a-502 to
323     the Driver License Division may shorten the suspension period imposed under Subsection (1)
324     before completion of the suspension period if the person is participating in or has successfully
325     completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
326          (b) If the court shortens a person's license suspension period in accordance with the
327     requirements of this Subsection [(12)] (11), the court shall forward to the Driver License
328     Division the order shortening the person's suspension period.
329          (c) The court shall notify the Driver License Division if a person fails to complete all
330     requirements of a 24-7 sobriety program.
331          (d) Upon receiving the notification described in Subsection [(12)] (11)(c), the division
332     shall suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and
333     (3).
334          Section 5. Section 41-6a-518.2 is amended to read:
335          41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition

336     interlock system.
337          (1) As used in this section:
338          (a) "Ignition interlock system" means a constant monitoring device or any similar
339     device that:
340          (i) is in working order at the time of operation or actual physical control; and
341          (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
342     41-6a-518(8).
343          (b) (i) "Interlock restricted driver" means a person who:
344          (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
345     probation or parole not to operate a motor vehicle without an ignition interlock system;
346          (B) within the last 18 months has been convicted of a [driving under the influence]
347     violation under Section 41-6a-502 [that was committed on or after July 1, 2009] or Subsection
348     41-6a-520(7);
349          (C) (I) within the last three years has been convicted of an offense [that occurred after
350     May 1, 2006] which would be a conviction as defined under Section 41-6a-501; and
351          (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
352     from the date that one or more prior offenses was committed if the prior offense resulted in a
353     conviction as defined in Subsection 41-6a-501(2);
354          (D) within the last three years has been convicted of a violation of this section;
355          (E) within the last three years has had the person's driving privilege revoked through an
356     administrative action for refusal to submit to a chemical test under Section 41-6a-520[, which
357     refusal occurred after May 1, 2006];
358          (F) within the last three years has been convicted of a violation of Section 41-6a-502 or
359     Subsection 41-6a-520(7) and was under the age of 21 at the time the offense was committed;
360          (G) within the last six years has been convicted of a felony violation of Section
361     41-6a-502 or Subsection 41-6a-520(7) for an offense that occurred after May 1, 2006; or
362          (H) within the last 10 years has been convicted of automobile homicide under Section
363     76-5-207 for an offense that occurred after May 1, 2006.
364          (ii) "Interlock restricted driver" does not include a person:
365          (A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
366     Section 41-6a-502 that does not involve alcohol or a conviction under Section 41-6a-517 and

367     whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under
368     Section 41-6a-502 that did not involve alcohol or convictions under Section 41-6a-517;
369          (B) whose conviction described in Subsection (1)(b)(i)(B) or (F) is a conviction under
370     Section 41-6a-502 that does not involve alcohol and the convicting court notifies the Driver
371     License Division at the time of sentencing that the conviction does not involve alcohol; or
372          (C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) is a conviction
373     under Section 41-6a-502 that does not involve alcohol and the ignition interlock restriction is
374     removed as described in Subsection (7).
375          (2) The division shall post the ignition interlock restriction on a person's electronic
376     record that is available to law enforcement.
377          (3) For purposes of this section, a plea of guilty or no contest to a violation of Section
378     41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
379     prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
380     reduced or dismissed in accordance with the plea in abeyance agreement.
381          (4) An interlock restricted driver who operates or is in actual physical control of a
382     vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
383          (5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
384          (a) the interlock restricted driver operated or was in actual physical control of a vehicle
385     owned by the interlock restricted driver's employer;
386          (b) the interlock restricted driver had given written notice to the employer of the
387     interlock restricted driver's interlock restricted status prior to the operation or actual physical
388     control under Subsection (5)(a);
389          (c) the interlock restricted driver had on the interlock restricted driver's person, or in
390     the vehicle, at the time of operation or physical control employer verification, as defined in
391     Subsection 41-6a-518(1); and
392          (d) the operation or actual physical control described in Subsection (5)(a) was in the
393     scope of the interlock restricted driver's employment.
394          (6) The affirmative defense described in Subsection (5) does not apply to:
395          (a) an employer-owned motor vehicle that is made available to an interlock restricted
396     driver for personal use; or
397          (b) a motor vehicle owned by a business entity that is entirely or partly owned or

398     controlled by the interlock restricted driver.
399          (7) (a) An individual with an ignition interlock restriction may petition the division for
400     removal of the restriction if the individual's offense did not involve alcohol.
401          (b) If the division is able to establish that an individual's offense did not involve
402     alcohol, the division may remove the ignition interlock restriction.
403          Section 6. Section 41-6a-520 is amended to read:
404          41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
405     tests -- Refusal -- Warning, report.
406          (1) (a) A person operating a motor vehicle in this state is considered to have given the
407     person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
408     the purpose of determining whether the person was operating or in actual physical control of a
409     motor vehicle while:
410          (i) having a blood or breath alcohol content statutorily prohibited under Section
411     41-6a-502, 41-6a-530, or 53-3-231;
412          (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
413     under Section 41-6a-502; or
414          (iii) having any measurable controlled substance or metabolite of a controlled
415     substance in the person's body in violation of Section 41-6a-517.
416          (b) A test or tests authorized under this Subsection (1) must be administered at the
417     direction of a peace officer having grounds to believe that person to have been operating or in
418     actual physical control of a motor vehicle while in violation of any provision under Subsections
419     (1)(a)(i) through (iii).
420          (c) (i) The peace officer determines which of the tests are administered and how many
421     of them are administered.
422          (ii) If a peace officer requests more than one test, refusal by a person to take one or
423     more requested tests, even though the person does submit to any other requested test or tests, is
424     a refusal under this section.
425          (d) (i) A person who has been requested under this section to submit to a chemical test
426     or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
427     administered.
428          (ii) The failure or inability of a peace officer to arrange for any specific chemical test is

429     not a defense to taking a test requested by a peace officer, and it is not a defense in any
430     criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
431     requested test or tests.
432          (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
433     submit to the test or tests may result in criminal prosecution, revocation of the person's license
434     to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or
435     detectable amount of alcohol in the person's body depending on the person's prior driving
436     history, and a three-year prohibition of driving without an ignition interlock device if the
437     person:
438          (i) has been placed under arrest;
439          (ii) has then been requested by a peace officer to submit to any one or more of the
440     chemical tests under Subsection (1); and
441          (iii) refuses to submit to any chemical test requested.
442          (b) (i) Following the warning under Subsection (2)(a), if the person does not
443     immediately request that the chemical test or tests as offered by a peace officer be
444     administered, a peace officer shall, on behalf of the Driver License Division and within 24
445     hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
446     privilege or license to operate a motor vehicle.
447          (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
448     peace officer shall supply to the operator, in a manner specified by the Driver License Division,
449     basic information regarding how to obtain a hearing before the Driver License Division.
450          (c) As a matter of procedure, the peace officer shall submit a signed report, within 10
451     calendar days after the day on which notice is provided under Subsection (2)(b), that:
452          (i) the peace officer had grounds to believe the arrested person was in violation of any
453     provision under Subsections (1)(a)(i) through (iii); and
454          (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
455          (3) Upon the request of the person who was tested, the results of the test or tests shall
456     be made available to the person.
457          (4) (a) The person to be tested may, at the person's own expense, have a physician or a
458     physician assistant of the person's own choice administer a chemical test in addition to the test
459     or tests administered at the direction of a peace officer.

460          (b) The failure or inability to obtain the additional test does not affect admissibility of
461     the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
462     test or tests to be taken at the direction of a peace officer.
463          (c) The additional test shall be subsequent to the test or tests administered at the
464     direction of a peace officer.
465          (5) For the purpose of determining whether to submit to a chemical test or tests, the
466     person to be tested does not have the right to consult an attorney or have an attorney, physician,
467     or other person present as a condition for the taking of any test.
468          (6) Notwithstanding the provisions in this section, a blood test taken under this section
469     is subject to Section 77-23-213.
470          (7) A person is guilty of refusing a chemical test if Ĥ→ a peace officer has issued the
470a     warning required in Subsection (2)(a) and ←Ĥ the person refuses to submit to a test
471     of the person's blood under Subsection (1) after a court has issued a warrant to draw and test
472     the blood.
473          (8) A person who violates Subsection (7) is guilty of:
474          (a) a third degree felony if:
475          (i) the person has two or more prior convictions as defined in Subsection 41-6a-501(2),
476     each of which is within 10 years of:
477          (A) the current conviction; or
478          (B) the commission of the offense upon which the current conviction is based; or
479          (ii) the conviction is at any time after a conviction of:
480          (A) automobile homicide under Section 76-5-207;
481          (B) a felony violation of this section or Section 41-6a-502; or
482          (C) any conviction described in Subsection (8)(a)(ii) which judgment of conviction is
483     reduced under Section 76-3-402; or
484          (b) a class B misdemeanor if none of the circumstances in Subsection (8)(a) applies.
485          (9) As part of any sentence for a conviction of violating this section, the court shall
486     impose the same sentencing as outlined for driving under the influence violations in Section
487     41-6a-505, based on whether this is a first, second, or subsequent conviction as defined by
488     Subsection 41-6a-501(2), with the following modifications:
489          (a) any jail sentence shall be 24 consecutive hours more than would be required under
490     Section 41-6a-505;

491          (b) any fine imposed shall be $100 more than would be required under Section
492     41-6a-505; and
493          (c) the court shall order one or more of the following:
494          (i) the installation of an ignition interlock system as a condition of probation for the
495     individual in accordance with Section 41-6a-518;
496          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
497     device as a condition of probation for the individual; or
498          (iii) the imposition of home confinement through the use of electronic monitoring in
499     accordance with Section 41-6a-506.
500          (10) (a) The offense of refusal to submit to a chemical test under this section does not
501     merge with any violation of Section 32B-4-409, 41-6a-502, 41-6a-517, or 41-6a-530.
502          (b) A guilty or no contest plea to an offense of refusal to submit to a chemical test
503     under this section may not be held in abeyance.
504          Section 7. Section 41-6a-521.1 is enacted to read:
505          41-6a-521.1. Driver license denial or revocation for a criminal conviction for a
506     refusal to submit to a chemical test violation.
507          (1) The Driver License Division shall, if the person is 21 years of age or older at the
508     time of arrest:
509          (a) revoke for a period of 18 months the operator's license of a person convicted for the
510     first time under Subsection 41-6a-520(7); or
511          (b) revoke for a period of 36 months the license of a person if:
512          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
513          (ii) the current refusal to submit to a chemical test violation under Subsection
514     41-6a-520(7) is committed within a period of 10 years from the date of the prior violation.
515          (2) The Driver License Division shall, if the person is under 21 years of age at the time
516     of arrest:
517          (a) revoke the person's driver license until the person is 21 years of age or for a period
518     of two years, whichever is longer; or
519          (b) revoke the person's driver license until the person is 21 years of age or for a period
520     of 36 months, whichever is longer, if:
521          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and

522          (ii) the current refusal to submit to a chemical test violation under Subsection
523     41-6a-520(7) is committed within a period of 10 years from the date of the prior violation; or
524          (c) if the person has not been issued an operator license:
525          (i) deny the person's application for a license or learner's permit until the person is 21
526     years of age or for a period of two years, whichever is longer; or
527          (ii) deny the person's application for a license or learner's permit until the person is 21
528     years of age or for a period of 36 months, whichever is longer, if:
529          (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
530          (B) the current refusal to submit to a chemical test violation under Subsection
531     41-6a-520(7) is committed within a period of 10 years from the date of the prior violation.
532          (3) The Driver License Division shall suspend or revoke the license of a person as
533     ordered by the court under Subsection (5).
534          (4) The Driver License Division shall subtract from any revocation period the number
535     of days for which a license was previously revoked under Section 53-3-221 if the previous
536     revocation was based on the same occurrence upon which the record of conviction under
537     Subsection 41-6a-520(7) is based.
538          (5) (a) (i) In addition to any other penalties provided in this section, a court may order
539     the driver license of a person who is convicted of a violation of Subsection 41-6a-520(7) to be
540     revoked for an additional period of 90 days, 120 days, 180 days, one year, or two years to
541     remove from the highways those persons who have shown they are safety hazards.
542          (ii) The additional revocation period provided in this Subsection (5) shall begin the
543     date on which the individual would be eligible to reinstate the individual's driving privilege for
544     a violation of Subsection 41-6a-520(7).
545          (b) If the court suspends or revokes the person's license under this Subsection (5), the
546     court shall prepare and send to the Driver License Division an order to suspend or revoke that
547     person's driving privileges for a specified period of time.
548          (6) (a) The court shall notify the Driver License Division if a person fails to:
549          (i) complete all court ordered:
550          (A) screening;
551          (B) assessment;
552          (C) educational series;

553          (D) substance abuse treatment; and
554          (E) hours of work in a compensatory-service work program; or
555          (ii) pay all fines and fees, including fees for restitution and treatment costs.
556          (b) Upon receiving the notification described in Subsection (6)(a), the Driver License
557     Division shall suspend the person's driving privilege in accordance with Subsections
558     53-3-221(2) and (3).
559          Section 8. Section 41-6a-529 is amended to read:
560          41-6a-529. Definitions -- Alcohol restricted drivers.
561          (1) As used in this section and Section 41-6a-530, "alcohol restricted driver" means a
562     person who:
563          (a) within the last two years:
564          (i) has been convicted of:
565          (A) a misdemeanor violation of Section 41-6a-502;
566          (B) alcohol, any drug, or a combination of both-related reckless driving under Section
567     41-6a-512;
568          (C) impaired driving under Section 41-6a-502.5;
569          (D) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
570     of both-related reckless driving, or impaired driving adopted in compliance with Section
571     41-6a-510;
572          (E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of
573     conviction is reduced under Section 76-3-402; or
574          (F) statutes or ordinances previously in effect in this state or in effect in any other state,
575     the United States, or any district, possession, or territory of the United States which would
576     constitute a violation of Section 41-6a-502, alcohol, any drug, or a combination of both-related
577     reckless driving, or impaired driving if committed in this state, including punishments
578     administered under 10 U.S.C. Sec. 815; or
579          (ii) has had the person's driving privilege suspended under Section 53-3-223 for an
580     alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
581          (b) within the last three years has been convicted of a violation of this section or
582     Section 41-6a-518.2;
583          (c) within the last five years:

584          (i) has had the person's driving privilege revoked through an administrative action for
585     refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred on or after
586     July 1, 2005; [or]
587          (ii) has been convicted of a misdemeanor conviction for refusal to submit to a chemical
588     test under Subsection 41-6a-520(7); or
589          [(ii)] (iii) has been convicted of a class A misdemeanor violation of Section 41-6a-502
590     committed on or after July 1, 2008;
591          (d) within the last 10 years:
592          (i) has been convicted of an offense described in Subsection (1)(a)(i) which offense
593     was committed within 10 years of the commission of a prior offense described in Subsection
594     (1)(a)(i) for which the person was convicted; [or]
595          (ii) has been convicted of a felony violation of refusal to submit to a chemical test
596     under Subsection 41-6a-520(7); or
597          [(ii)] (iii) has had the person's driving privilege revoked for refusal to submit to a
598     chemical test and the refusal is within 10 years after:
599          (A) a prior refusal to submit to a chemical test under Section 41-6a-520; or
600          (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
601     based on the same arrest as the refusal;
602          (e) at any time has been convicted of:
603          (i) automobile homicide under Section 76-5-207 for an offense that occurred on or
604     after July 1, 2005; or
605          (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July
606     1, 2005;
607          (f) at the time of operation of a vehicle is under 21 years of age; or
608          (g) is a novice learner driver.
609          (2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to
610     a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77,
611     Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
612     the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
613     agreement.
614          Section 9. Section 53-3-220 is amended to read:

615          53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
616     disqualification of license -- Offense requiring an extension of period -- Hearing --
617     Limited driving privileges.
618          (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
619     6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
620     disqualification, the division shall deny, suspend, or disqualify the license of a person upon
621     receiving a record of the person's conviction for:
622          (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
623     automobile homicide under Section 76-5-207 or 76-5-207.5;
624          (ii) driving or being in actual physical control of a motor vehicle while under the
625     influence of alcohol, any drug, or combination of them to a degree that renders the person
626     incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
627     in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
628          (iii) driving or being in actual physical control of a motor vehicle while having a blood
629     or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
630     that complies with the requirements of Subsection 41-6a-510(1);
631          (iv) perjury or the making of a false affidavit to the division under this chapter, Title
632     41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
633     regulating driving on highways;
634          (v) any felony under the motor vehicle laws of this state;
635          (vi) any other felony in which a motor vehicle is used to facilitate the offense;
636          (vii) failure to stop and render aid as required under the laws of this state if a motor
637     vehicle accident results in the death or personal injury of another;
638          (viii) two charges of reckless driving, impaired driving, or any combination of reckless
639     driving and impaired driving committed within a period of 12 months; but if upon a first
640     conviction of reckless driving or impaired driving the judge or justice recommends suspension
641     of the convicted person's license, the division may after a hearing suspend the license for a
642     period of three months;
643          (ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
644     officer as required in Section 41-6a-210;
645          (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that

646     requires disqualification;
647          (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
648     allowing the discharge of a firearm from a vehicle;
649          (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
650     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
651          (xiii) operating or being in actual physical control of a motor vehicle while having any
652     measurable controlled substance or metabolite of a controlled substance in the person's body in
653     violation of Section 41-6a-517;
654          (xiv) operating or being in actual physical control of a motor vehicle while having any
655     measurable or detectable amount of alcohol in the person's body in violation of Section
656     41-6a-530;
657          (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
658     violation of Section 41-6a-606;
659          (xvi) operating or being in actual physical control of a motor vehicle in this state
660     without an ignition interlock system in violation of Section 41-6a-518.2; [or]
661          (xvii) custodial interference, under:
662          (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
663     the court provides the division with an order of suspension for a shorter period of time;
664          (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
665     the court provides the division with an order of suspension for a shorter period of time; or
666          (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
667     the court provides the division with an order of suspension for a shorter period of time[.]; or
668          (xviii) refusal of a chemical test under Subsection 41-6a-520(7).
669          (b) The division shall immediately revoke the license of a person upon receiving a
670     record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for:
671          (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
672     allowing the discharge of a firearm from a vehicle; or
673          (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
674     incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
675          (c) Except when action is taken under Section 53-3-219 for the same offense, upon
676     receiving a record of conviction, the division shall immediately suspend for six months the

677     license of the convicted person if the person was convicted of one of the following offenses
678     while the person was an operator of a motor vehicle:
679          (i) any violation of:
680          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
681          (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
682          (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
683          (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
684          (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
685          (ii) any criminal offense that prohibits:
686          (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
687     that is prohibited under the acts described in Subsection (1)(c)(i); or
688          (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
689     transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
690          (d) (i) The division shall immediately suspend a person's driver license for conviction
691     of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
692          (A) an order from the sentencing court requiring that the person's driver license be
693     suspended; and
694          (B) a record of the conviction.
695          (ii) An order of suspension under this section is at the discretion of the sentencing
696     court, and may not be for more than 90 days for each offense.
697          (e) (i) The division shall immediately suspend for one year the license of a person upon
698     receiving a record of:
699          (A) conviction for the first time for a violation under Section 32B-4-411; or
700          (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for a violation
701     under Section 32B-4-411.
702          (ii) The division shall immediately suspend for a period of two years the license of a
703     person upon receiving a record of:
704          (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
705          (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
706     conviction for a violation under Section 32B-4-411; or
707          (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court

708     Act of 1996, for a violation under Section 32B-4-411; and
709          (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
710     adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
711     Section 32B-4-411.
712          (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
713          (A) for a conviction or adjudication described in Subsection (1)(e)(i):
714          (I) impose a suspension for one year beginning on the date of conviction; or
715          (II) if the person is under the age of eligibility for a driver license, impose a suspension
716     that begins on the date of conviction and continues for one year beginning on the date of
717     eligibility for a driver license; or
718          (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
719          (I) impose a suspension for a period of two years; or
720          (II) if the person is under the age of eligibility for a driver license, impose a suspension
721     that begins on the date of conviction and continues for two years beginning on the date of
722     eligibility for a driver license.
723          (iv) Upon receipt of the first order suspending a person's driving privileges under
724     Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
725     ordered by the court in accordance with Subsection 32B-4-411(3)(a).
726          (v) Upon receipt of the second or subsequent order suspending a person's driving
727     privileges under Section 32B-4-411, the division shall reduce the suspension period under
728     Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
729          (2) The division shall extend the period of the first denial, suspension, revocation, or
730     disqualification for an additional like period, to a maximum of one year for each subsequent
731     occurrence, upon receiving:
732          (a) a record of the conviction of any person on a charge of driving a motor vehicle
733     while the person's license is denied, suspended, revoked, or disqualified;
734          (b) a record of a conviction of the person for any violation of the motor vehicle law in
735     which the person was involved as a driver;
736          (c) a report of an arrest of the person for any violation of the motor vehicle law in
737     which the person was involved as a driver; or
738          (d) a report of an accident in which the person was involved as a driver.

739          (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
740     driving while the person's license is denied, suspended, disqualified, or revoked, the person is
741     entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
742     or revocation originally imposed under Section 53-3-221.
743          (4) (a) The division may extend to a person the limited privilege of driving a motor
744     vehicle to and from the person's place of employment or within other specified limits on
745     recommendation of the judge in any case where a person is convicted of any of the offenses
746     referred to in Subsections (1) and (2) except:
747          (i) automobile homicide under Subsection (1)(a)(i);
748          (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
749     (1)(c); and
750          (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
751     revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
752     41-6a-517, a local ordinance which complies with the requirements of Subsection
753     41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
754     was charged with violating as a result of a plea bargain after having been originally charged
755     with violating one or more of these sections or ordinances, unless:
756          (A) the person has had the period of the first denial, suspension, revocation, or
757     disqualification extended for a period of at least three years;
758          (B) the division receives written verification from the person's primary care physician
759     that:
760          (I) to the physician's knowledge the person has not used any narcotic drug or other
761     controlled substance except as prescribed by a licensed medical practitioner within the last
762     three years; and
763          (II) the physician is not aware of any physical, emotional, or mental impairment that
764     would affect the person's ability to operate a motor vehicle safely; and
765          (C) for a period of one year prior to the date of the request for a limited driving
766     privilege:
767          (I) the person has not been convicted of a violation of any motor vehicle law in which
768     the person was involved as the operator of the vehicle;
769          (II) the division has not received a report of an arrest for a violation of any motor

770     vehicle law in which the person was involved as the operator of the vehicle; and
771          (III) the division has not received a report of an accident in which the person was
772     involved as an operator of a vehicle.
773          (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
774     authorized in this Subsection (4):
775          (A) is limited to when undue hardship would result from a failure to grant the
776     privilege; and
777          (B) may be granted only once to any person during any single period of denial,
778     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
779     or disqualification.
780          (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
781          (A) is limited to when the limited privilege is necessary for the person to commute to
782     school or work; and
783          (B) may be granted only once to any person during any single period of denial,
784     suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
785     or disqualification.
786          (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
787     Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
788     denied under this chapter.
789          Section 10. Section 53-3-223 is amended to read:
790          53-3-223. Chemical test for driving under the influence -- Temporary license --
791     Hearing and decision -- Suspension and fee -- Judicial review.
792          (1) (a) If a peace officer has reasonable grounds to believe that a person may be
793     violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a
794     certain blood or breath alcohol concentration and driving under the influence of any drug,
795     alcohol, or combination of a drug and alcohol or while having any measurable controlled
796     substance or metabolite of a controlled substance in the person's body in violation of Section
797     41-6a-517, the peace officer may, in connection with arresting the person, request that the
798     person submit to a chemical test or tests to be administered in compliance with the standards
799     under Section 41-6a-520.
800          (b) In this section, a reference to Section 41-6a-502 includes any similar local

801     ordinance adopted in compliance with Subsection 41-6a-510(1).
802          (2) The peace officer shall advise a person prior to the person's submission to a
803     chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
804     and the existence of a blood alcohol content sufficient to render the person incapable of safely
805     driving a motor vehicle may, result in suspension or revocation of the person's license to drive
806     a motor vehicle.
807          (3) If the person submits to a chemical test and the test results indicate a blood or
808     breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer
809     makes a determination, based on reasonable grounds, that the person is otherwise in violation
810     of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of
811     arrest, give notice of the division's intention to suspend the person's license to drive a motor
812     vehicle.
813          (4) When a peace officer gives notice on behalf of the division, the peace officer shall
814     supply to the driver, in a manner specified by the division, basic information regarding how to
815     obtain a prompt hearing before the division.
816          (5) As a matter of procedure, a peace officer shall send to the division within 10
817     calendar days after the day on which notice is provided:
818          (a) a copy of the citation issued for the offense;
819          (b) a signed report in a manner specified by the division indicating the chemical test
820     results, if any; and
821          (c) any other basis for the peace officer's determination that the person has violated
822     Section 41-6a-502 or 41-6a-517.
823          (6) (a) Upon request in a manner specified by the division, the division shall grant to
824     the person an opportunity to be heard within 29 days after the date of arrest. The request to be
825     heard shall be made within 10 calendar days of the day on which notice is provided under
826     Subsection (5).
827          (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
828     division in:
829          (A) the county in which the arrest occurred; or
830          (B) a county that is adjacent to the county in which the arrest occurred.
831          (ii) The division may hold a hearing in some other county if the division and the person

832     both agree.
833          (c) The hearing shall be documented and shall cover the issues of:
834          (i) whether a peace officer had reasonable grounds to believe the person was driving a
835     motor vehicle in violation of Section 41-6a-502 or 41-6a-517;
836          (ii) whether the person refused to submit to the test; and
837          (iii) the test results, if any.
838          (d) (i) In connection with a hearing the division or its authorized agent:
839          (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
840     the production of relevant books and papers; or
841          (B) may issue subpoenas for the attendance of necessary peace officers.
842          (ii) The division shall pay witness fees and mileage from the Transportation Fund in
843     accordance with the rates established in Section 78B-1-119.
844          (e) The division may designate one or more employees to conduct the hearing.
845          (f) Any decision made after a hearing before any designated employee is as valid as if
846     made by the division.
847          (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
848     grounds to believe that the person was driving a motor vehicle in violation of Section
849     41-6a-502 or 41-6a-517, if the person failed to appear before the division as required in the
850     notice, or if a hearing is not requested under this section, the division shall:
851          (i) if the person is 21 years of age or older at the time of arrest [and the arrest was made
852     on or after July 1, 2009], suspend the person's license or permit to operate a motor vehicle for a
853     period of:
854          (A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
855          (B) two years beginning on the 45th day after the date of arrest for a second or
856     subsequent suspension for an offense that occurred within the previous 10 years; or
857          (ii) if the person is under 21 years of age at the time of arrest [and the arrest was made
858     on or after May 14, 2013]:
859          (A) suspend the person's license or permit to operate a motor vehicle:
860          (I) for a period of six months, beginning on the 45th day after the date of arrest for a
861     first suspension; or
862          (II) until the person is 21 years of age or for a period of two years, whichever is longer,

863     beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
864     offense that occurred within the previous 10 years; or
865          (B) deny the person's application for a license or learner's permit:
866          (I) for a period of six months beginning on the 45th day after the date of the arrest for a
867     first suspension, if the person has not been issued an operator license; or
868          (II) until the person is 21 years of age or for a period of two years, whichever is longer,
869     beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
870     offense that occurred within the previous 10 years.
871          [(b) The division shall deny or suspend a person's license for the denial and suspension
872     periods in effect:]
873          [(i) prior to July 1, 2009, for an offense that was committed prior to July 1, 2009;]
874          [(ii) from July 1, 2009, through June 30, 2011, if:]
875          [(A) the person was 20 years 6 months of age or older but under 21 years of age at the
876     time of arrest; and]
877          [(B) the conviction under Subsection (2) is for an offense that was committed on or
878     after July 1, 2009, and prior to July 1, 2011; or]
879          [(iii) prior to May 14, 2013, for an offense that was committed prior to May 14, 2013.]
880          [(c)] (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division
881     shall reinstate a person's license prior to completion of the 120 day suspension period imposed
882     under Subsection (7)(a)(i)(A):
883          (A) immediately upon receiving written verification of the person's dismissal of a
884     charge for a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received
885     prior to completion of the suspension period; or
886          (B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
887     receiving written verification of the person's reduction of a charge for a violation of Section
888     41-6a-502 or 41-6a-517, if the written verification is received prior to completion of the
889     suspension period.
890          (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A) [or (7)(b)], the division
891     shall reinstate a person's license prior to completion of the 120-day suspension period imposed
892     under Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
893     conviction of impaired driving under Section 41-6a-502.5 if:

894          (A) the written verification is received prior to completion of the suspension period;
895     and
896          (B) the reporting court notifies the Driver License Division that the defendant is
897     participating in or has successfully completed the program of a driving under the influence
898     court as defined in Section 41-6a-501.
899          (iii) If a person's license is reinstated under this Subsection (7)[(c)](b), the person is
900     required to pay the license reinstatement fees under Subsections 53-3-105(24) and (25).
901          (iv) The driver license reinstatements authorized under this Subsection (7)[(c)](b) only
902     apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
903          [(8) (a) Notwithstanding the provisions in Subsection (7)(b)(iii), the division shall
904     shorten a person's two-year license suspension period that is currently in effect to a six-month
905     suspension period if:]
906          [(i) the driver was under the age of 19 at the time of arrest;]
907          [(ii) the offense was a first offense that was committed prior to May 14, 2013; and]
908          [(iii) the suspension under Subsection (7)(b)(iii) was based on the same occurrence
909     upon which the following written verifications are based:]
910          [(A) a court order shortening the driver license suspension for a violation of Section
911     41-6a-502 pursuant to Subsection 41-6a-509(8);]
912          [(B) a court order shortening the driver license suspension for a violation of Section
913     41-6a-517 pursuant to Subsection 41-6a-517(11);]
914          [(C) a court order shortening the driver license suspension for a violation of Section
915     32B-4-409;]
916          [(D) a dismissal for a violation of Section 41-6a-502, Section 41-6a-517, or Section
917     32B-4-409;]
918          [(E) a notice of declination to prosecute for a charge under Section 41-6a-502, Section
919     41-6a-517, or Section 32B-4-409;]
920          [(F) a reduction of a charge under Section 41-6a-502, Section 41-6a-517, or Section
921     32B-4-409; or]
922          [(G) other written documentation acceptable to the division.]
923          [(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
924     the division may make rules establishing requirements for acceptable written documentation to

925     shorten a person's driver license suspension period under Subsection (8)(a)(iii)(G).]
926          [(c) If a person's license sanction is shortened under this Subsection (8), the person is
927     required to pay the license reinstatement fees under Subsections 53-3-105(24) and (25).]
928          [(9)] (8) (a) The division shall assess against a person, in addition to any fee imposed
929     under Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to
930     cover administrative costs, which shall be paid before the person's driving privilege is
931     reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or
932     court decision that the suspension was not proper.
933          (b) A person whose license has been suspended by the division under this section
934     following an administrative hearing may file a petition within 30 days after the suspension for a
935     hearing on the matter which, if held, is governed by Section 53-3-224.
936          [(10)] (9) (a) Notwithstanding the provisions in Subsection (7)(a)(i) or (ii), the division
937     shall reinstate a person's license before completion of the suspension period imposed under
938     Subsection (7)(a)(i) or (ii) if the reporting court notifies the Driver License Division that the
939     defendant is participating in or has successfully completed a 24-7 sobriety program as defined
940     in Section 41-6a-515.5.
941          (b) If a person's license is reinstated under Subsection [(10)] (9)(a), the person is
942     required to pay the license reinstatement fees under Subsections 53-3-105(24) and (25).
943          Section 11. Section 53-3-231 is amended to read:
944          53-3-231. Person under 21 may not operate a vehicle or motorboat with
945     detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing
946     and decision -- Suspension of license or operating privilege -- Fees -- Judicial review --
947     Referral to local substance abuse authority or program.
948          (1) (a) As used in this section:
949          (i) "Local substance abuse authority" has the same meaning as provided in Section
950     62A-15-102.
951          (ii) "Substance abuse program" means any substance abuse program licensed by the
952     Department of Human Services or the Department of Health and approved by the local
953     substance abuse authority.
954          (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
955     be made in accordance with the procedures in Subsection 41-6a-502(1).

956          (2) (a) A person younger than 21 years of age may not operate or be in actual physical
957     control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol
958     concentration in the person's body as shown by a chemical test.
959          (b) A person who violates Subsection (2)(a), in addition to any other applicable
960     penalties arising out of the incident, shall have the person's operator license denied or
961     suspended as provided in Subsection (7).
962          (3) (a) When a peace officer has reasonable grounds to believe that a person may be
963     violating or has violated Subsection (2), the peace officer may, in connection with arresting the
964     person for a violation of Section 32B-4-409, request that the person submit to a chemical test
965     or tests to be administered in compliance with the standards under Section 41-6a-520.
966          (b) The peace officer shall advise a person prior to the person's submission to a
967     chemical test that a test result indicating a violation of Subsection (2)(a) will result in denial or
968     suspension of the person's license to operate a motor vehicle or a refusal to issue a license.
969          (c) If the person submits to a chemical test and the test results indicate a blood, breath,
970     or urine alcohol content in violation of Subsection (2)(a), or if a peace officer makes a
971     determination, based on reasonable grounds, that the person is otherwise in violation of
972     Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the
973     arrest, give notice of the division's intention to deny or suspend the person's license to operate a
974     vehicle or refusal to issue a license under this section.
975          (4) When a peace officer gives notice on behalf of the division, the peace officer shall
976     supply to the operator, in a manner specified by the division, basic information regarding how
977     to obtain a prompt hearing before the division.
978          (5) As a matter of procedure, a peace officer shall send to the division within 10
979     calendar days after the day on which notice is provided:
980          (a) a copy of the citation issued for the offense;
981          (b) a signed report in a manner specified by the Driver License Division indicating the
982     chemical test results, if any; and
983          (c) any other basis for a peace officer's determination that the person has violated
984     Subsection (2).
985          (6) (a) (i) Upon request in a manner specified by the division, the Driver License
986     Division shall grant to the person an opportunity to be heard within 29 days after the date of

987     arrest under Section 32B-4-409.
988          (ii) The request shall be made within 10 calendar days of the day on which notice is
989     provided.
990          (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
991     division in:
992          (A) the county in which the arrest occurred; or
993          (B) a county that is adjacent to the county in which the arrest occurred.
994          (ii) The division may hold a hearing in some other county if the division and the person
995     both agree.
996          (c) The hearing shall be documented and shall cover the issues of:
997          (i) whether a peace officer had reasonable grounds to believe the person was operating
998     a motor vehicle or motorboat in violation of Subsection (2)(a);
999          (ii) whether the person refused to submit to the test; and
1000          (iii) the test results, if any.
1001          (d) In connection with a hearing, the division or its authorized agent may administer
1002     oaths and may issue subpoenas for the attendance of witnesses and the production of relevant
1003     books and papers and records as defined in Section 46-4-102.
1004          (e) One or more members of the division may conduct the hearing.
1005          (f) Any decision made after a hearing before any number of the members of the
1006     division is as valid as if made after a hearing before the full membership of the division.
1007          (7) If, after a hearing, the division determines that a peace officer had reasonable
1008     grounds to believe that the person was driving a motor vehicle in violation of Subsection (2)(a),
1009     if the person fails to appear before the division as required in the notice, or if the person does
1010     not request a hearing under this section, the division shall for a person under 21 years of age on
1011     the date of arrest:
1012          (a) deny the person's license until the person complies with Subsection [(11)] (10)(b)(i)
1013     but for a period of not less than six months beginning on the 45th day after the date of arrest for
1014     a first offense under Subsection (2)(a) [committed on or after May 14, 2013];
1015          (b) suspend the person's license until the person complies with Subsection [(11)]
1016     (10)(b)(i) and until the person is 21 years of age or for a period of two years, whichever is
1017     longer, beginning on the 45th day after the date of arrest for a second or subsequent offense

1018     under Subsection (2)(a) [committed on or after July 1, 2009, and] within 10 years of a prior
1019     denial or suspension;
1020          (c) deny the person's application for a license or learner's permit until the person
1021     complies with Subsection [(11)] (10)(b)(i) but for a period of not less than six months
1022     beginning on the 45th day after the date of the arrest, if:
1023          (i) the person has not been issued an operator license; and
1024          (ii) the suspension is for a first offense under Subsection (2)(a) [committed on or after
1025     July 1, 2009];
1026          (d) deny the person's application for a license or learner's permit until the person
1027     complies with Subsection [(11)] (10)(b)(i) and until the person is 21 years of age or for a period
1028     of two years, whichever is longer, beginning on the 45th day after the date of the arrest, if:
1029          (i) the person has not been issued an operator license; and
1030          (ii) the suspension is for a second or subsequent offense under Subsection (2)(a)
1031     committed [on or after July 1, 2009, and] within 10 years of a prior denial or suspension[; or].
1032          [(e) deny or suspend a person's license for the denial and suspension periods in effect:]
1033          [(i) prior to July 1, 2009, for a violation under Subsection (2)(a) that was committed
1034     prior to July 1, 2009;]
1035          [(ii) from July 1, 2009, through June 30, 2011, if the person was 20 years 6 months of
1036     age or older but under 21 years of age at the time of arrest and the conviction under Subsection
1037     (2) is for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011; or]
1038          [(iii) prior to May 14, 2013, for a violation under Subsection (2)(a) that was committed
1039     prior to May 14, 2013.]
1040          [(8) (a) Notwithstanding the provisions in Subsection (7)(e)(iii), the division shall
1041     shorten a person's one-year license suspension or denial period that is currently in effect to a
1042     six-month suspension or denial period if:]
1043          [(i) the driver was under the age of 19 at the time of arrest;]
1044          [(ii) the offense was a first offense that was committed prior to May 14, 2013; and]
1045          [(iii) the suspension or denial under Subsection (7)(e)(iii) was based on the same
1046     occurrence upon which the following written verifications are based:]
1047          [(A) a court order shortening the driver license suspension for a violation of Section
1048     41-6a-502 pursuant to Subsection 41-6a-509(8);]

1049          [(B) a court order shortening the driver license suspension for a violation of Section
1050     41-6a-517 pursuant to Subsection 41-6a-517(11);]
1051          [(C) a court order shortening the driver license suspension for a violation of Section
1052     32B-4-409;]
1053          [(D) a dismissal for a violation of Section 41-6a-502, Section 41-6a-517, or Section
1054     32B-4-409;]
1055          [(E) a notice of declination to prosecute for a charge under Section 41-6a-502, Section
1056     41-6a-517, or Section 32B-4-409;]
1057          [(F) a reduction of a charge under Section 41-6a-502, Section 41-6a-517, or Section
1058     32B-4-409; or]
1059          [(G) other written documentation acceptable to the division.]
1060          [(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1061     the division may make rules establishing requirements for acceptable documentation to shorten
1062     a person's driver license suspension or denial period under this Subsection (8).]
1063          [(c) If a person's license sanction is shortened under this Subsection (8), the person is
1064     required to pay the license reinstatement fees under Subsections 53-3-105(24) and (25).]
1065          [(9)] (8) (a) (i) Following denial or suspension the division shall assess against a
1066     person, in addition to any fee imposed under Subsection 53-3-205(12), a fee under Section
1067     53-3-105, which shall be paid before the person's driving privilege is reinstated, to cover
1068     administrative costs.
1069          (ii) This fee shall be canceled if the person obtains an unappealed division hearing or
1070     court decision that the suspension was not proper.
1071          (b) A person whose operator license has been denied, suspended, or postponed by the
1072     division under this section following an administrative hearing may file a petition within 30
1073     days after the suspension for a hearing on the matter which, if held, is governed by Section
1074     53-3-224.
1075          [(10)] (9) After reinstatement of an operator license for a first offense under this
1076     section, a report authorized under Section 53-3-104 may not contain evidence of the denial or
1077     suspension of the person's operator license under this section if the person has not been
1078     convicted of any other offense for which the denial or suspension may be extended.
1079          [(11)] (10) (a) In addition to the penalties in Subsection [(9)] (8), a person who violates

1080     Subsection (2)(a) shall:
1081          (i) obtain an assessment and recommendation for appropriate action from a substance
1082     abuse program, but any associated costs shall be the person's responsibility; or
1083          (ii) be referred by the division to the local substance abuse authority for an assessment
1084     and recommendation for appropriate action.
1085          (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
1086     license within five years of the effective date of the license sanction under Subsection (7) is
1087     contingent upon successful completion of the action recommended by the local substance
1088     abuse authority or the substance abuse program.
1089          (ii) The local substance abuse authority's or the substance abuse program's
1090     recommended action shall be determined by an assessment of the person's alcohol abuse and
1091     may include:
1092          (A) a targeted education and prevention program;
1093          (B) an early intervention program; or
1094          (C) a substance abuse treatment program.
1095          (iii) Successful completion of the recommended action shall be determined by
1096     standards established by the Division of Substance Abuse and Mental Health.
1097          (c) At the conclusion of the penalty period imposed under Subsection (2), the local
1098     substance abuse authority or the substance abuse program shall notify the division of the
1099     person's status regarding completion of the recommended action.
1100          (d) The local substance abuse authorities and the substance abuse programs shall
1101     cooperate with the division in:
1102          (i) conducting the assessments;
1103          (ii) making appropriate recommendations for action; and
1104          (iii) notifying the division about the person's status regarding completion of the
1105     recommended action.
1106          (e) (i) The local substance abuse authority is responsible for the cost of the assessment
1107     of the person's alcohol abuse, if the assessment is conducted by the local substance abuse
1108     authority.
1109          (ii) The local substance abuse authority or a substance abuse program selected by a
1110     person is responsible for:

1111          (A) conducting an assessment of the person's alcohol abuse; and
1112          (B) for making a referral to an appropriate program on the basis of the findings of the
1113     assessment.
1114          (iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
1115     associated with the recommended program to which the person selected or is referred.
1116          (B) The costs and fees under Subsection [(11)] (10)(e)(iii)(A) shall be based on a
1117     sliding scale consistent with the local substance abuse authority's policies and practices
1118     regarding fees for services or determined by the substance abuse program.
1119          Section 12. Section 77-40-105 (Effective 05/01/20) is amended to read:
1120          77-40-105 (Effective 05/01/20). Requirements to apply for a certificate of
1121     eligibility to expunge conviction.
1122          (1) An individual convicted of an offense may apply to the bureau for a certificate of
1123     eligibility to expunge the record of conviction as provided in this section.
1124          (2) An individual is not eligible to receive a certificate of eligibility from the bureau if:
1125          (a) the conviction for which expungement is sought is:
1126          (i) a capital felony;
1127          (ii) a first degree felony;
1128          (iii) a violent felony as defined in Subsection 76-3-203.5(1)(c)(i);
1129          (iv) felony automobile homicide;
1130          (v) a felony [violation of] conviction described in Subsection 41-6a-501(2);
1131          (vi) a registerable sex offense as defined in Subsection 77-41-102(17); or
1132          (vii) a registerable child abuse offense as defined in Subsection 77-43-102(2);
1133          (b) a criminal proceeding is pending against the petitioner; or
1134          (c) the petitioner intentionally or knowingly provides false or misleading information
1135     on the application for a certificate of eligibility.
1136          (3) A petitioner seeking to obtain expungement for a record of conviction is not
1137     eligible to receive a certificate of eligibility from the bureau until all of the following have
1138     occurred:
1139          (a) the petitioner has paid in full all fines and interest ordered by the court related to the
1140     conviction for which expungement is sought;
1141          (b) the petitioner has paid in full all restitution ordered by the court pursuant to Section

1142     77-38a-302, or by the Board of Pardons and Parole pursuant to Section 77-27-6; and
1143          (c) the following time periods have elapsed from the date the petitioner was convicted
1144     or released from incarceration, parole, or probation, whichever occurred last, for each
1145     conviction the petitioner seeks to expunge:
1146          (i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) or a
1147     felony conviction of Subsection 58-37-8(2)(g);
1148          (ii) seven years in the case of a felony;
1149          (iii) five years in the case of any class A misdemeanor or a felony drug possession
1150     offense;
1151          (iv) four years in the case of a class B misdemeanor; or
1152          (v) three years in the case of any other misdemeanor or infraction.
1153          (4) The bureau may not count pending or previous infractions, traffic offenses, or
1154     minor regulatory offenses, or fines or fees arising from the infractions, traffic offenses, or
1155     minor regulatory offenses, when determining expungement eligibility.
1156          (5) The bureau may not issue a certificate of eligibility if, at the time the petitioner
1157     seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
1158     including previously expunged convictions, contains any of the following, except as provided
1159     in Subsection (8):
1160          (a) two or more felony convictions other than for drug possession offenses, each of
1161     which is contained in a separate criminal episode;
1162          (b) any combination of three or more convictions other than for drug possession
1163     offenses that include two class A misdemeanor convictions, each of which is contained in a
1164     separate criminal episode;
1165          (c) any combination of four or more convictions other than for drug possession
1166     offenses that include three class B misdemeanor convictions, each of which is contained in a
1167     separate criminal episode; or
1168          (d) five or more convictions other than for drug possession offenses of any degree
1169     whether misdemeanor or felony, each of which is contained in a separate criminal episode.
1170          (6) The bureau may not issue a certificate of eligibility if, at the time the petitioner
1171     seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
1172     including previously expunged convictions, contains any of the following:

1173          (a) three or more felony convictions for drug possession offenses, each of which is
1174     contained in a separate criminal episode; or
1175          (b) any combination of five or more convictions for drug possession offenses, each of
1176     which is contained in a separate criminal episode.
1177          (7) If the petitioner's criminal history contains convictions for both a drug possession
1178     offense and a non drug possession offense arising from the same criminal episode, that criminal
1179     episode shall be counted as provided in Subsection (5) if any non drug possession offense in
1180     that episode:
1181          (a) is a felony or class A misdemeanor; or
1182          (b) has the same or a longer waiting period under Subsection (3) than any drug
1183     possession offense in that episode.
1184          (8) If at least 10 years have elapsed from the date the petitioner was convicted or
1185     released from incarceration, parole, or probation, whichever occurred last, for all convictions,
1186     then each eligibility limit defined in Subsection (5) shall be increased by one.
1187          (9) If, prior to May 14, 2013, the petitioner has received a pardon from the Utah Board
1188     of Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned
1189     crimes pursuant to Section 77-27-5.1.
1190          Section 13. Effective date.
1191          This bill takes effect on July 1, 2020.