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7 LONG TITLE
8 General Description:
9 This bill expands the 24-7 sobriety program statewide.
10 Highlighted Provisions:
11 This bill:
12 ▸ removes language limiting the 24-7 sobriety program to a pilot program;
13 ▸ allows an individual participating in a drug court to avoid suspension of the
14 individual's driver license;
15 ▸ allows expansion of the program statewide; and
16 ▸ makes technical corrections.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-505, as last amended by Laws of Utah 2019, Chapter 136
24 41-6a-509, as last amended by Laws of Utah 2020, Chapter 177
25 41-6a-515.5, as last amended by Laws of Utah 2018, Chapter 135
26 41-6a-517, as last amended by Laws of Utah 2020, Chapter 12
27 41-6a-518, as last amended by Laws of Utah 2018, Chapter 41
28 53-3-220, as last amended by Laws of Utah 2020, Chapter 177
29 53-3-223, as last amended by Laws of Utah 2020, Chapter 177
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-6a-505 is amended to read:
33 41-6a-505. Sentencing requirements for driving under the influence of alcohol,
34 drugs, or a combination of both violations.
35 (1) As part of any sentence for a first conviction of Section 41-6a-502:
36 (a) the court shall:
37 (i) (A) impose a jail sentence of not less than 48 consecutive hours; or
38 (B) require the individual to work in a compensatory-service work program for not less
39 than 48 hours;
40 (ii) order the individual to participate in a screening;
41 (iii) order the individual to participate in an assessment, if it is found appropriate by a
42 screening under Subsection (1)(a)(ii);
43 (iv) order the individual to participate in an educational series if the court does not
44 order substance abuse treatment as described under Subsection (1)(b);
45 (v) impose a fine of not less than $700;
46 (vi) order probation for the individual in accordance with Section 41-6a-507, if there is
47 admissible evidence that the individual had a blood alcohol level of .16 or higher;
48 (vii) (A) order the individual to pay the administrative impound fee described in
49 Section 41-6a-1406; or
50 (B) if the administrative impound fee was paid by a party described in Subsection
51 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
52 reimburse the party; [
53 (viii) (A) order the individual to pay the towing and storage fees described in Section
54 72-9-603; or
55 (B) if the towing and storage fees were paid by a party described in Subsection
56 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
57 reimburse the party; [
58 (ix) unless the court determines and states on the record that an ignition interlock
59 system is not necessary for the safety of the community and in the best interest of justice, order
60 the installation of an ignition interlock system as described in Section 41-6a-518; and
61 (b) the court may:
62 (i) order the individual to obtain substance abuse treatment if the substance abuse
63 treatment program determines that substance abuse treatment is appropriate;
64 (ii) order probation for the individual in accordance with Section 41-6a-507;
65 (iii) order the individual to participate in a 24-7 sobriety program as defined in Section
66 41-6a-515.5 if the individual is 21 years of age or older; or
67 (iv) order a combination of Subsections (1)(b)(i) through (iii).
68 (2) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
69 within 10 years of the current conviction under Section 41-6a-502 or the commission of the
70 offense upon which the current conviction is based:
71 (a) the court shall:
72 (i) (A) impose a jail sentence of not less than 240 hours; or
73 (B) impose a jail sentence of not less than 120 hours in addition to home confinement
74 of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
75 a substance abuse testing instrument in accordance with Section 41-6a-506;
76 (ii) order the individual to participate in a screening;
77 (iii) order the individual to participate in an assessment, if it is found appropriate by a
78 screening under Subsection (2)(a)(ii);
79 (iv) order the individual to participate in an educational series if the court does not
80 order substance abuse treatment as described under Subsection (2)(b);
81 (v) impose a fine of not less than $800;
82 (vi) order probation for the individual in accordance with Section 41-6a-507;
83 (vii) order the installation of an ignition interlock system as described in Section
84 41-6a-518;
85 [
86 Section 41-6a-1406; or
87 (B) if the administrative impound fee was paid by a party described in Subsection
88 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
89 reimburse the party; or
90 [
91 Section 72-9-603; or
92 (B) if the towing and storage fees were paid by a party described in Subsection
93 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
94 reimburse the party; and
95 (b) the court may:
96 (i) order the individual to obtain substance abuse treatment if the substance abuse
97 treatment program determines that substance abuse treatment is appropriate;
98 (ii) order the individual to participate in a 24-7 sobriety program as defined in Section
99 41-6a-515.5 if the individual is 21 years of age or older; or
100 (iii) order a combination of Subsections (2)(b)(i) and (ii).
101 (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
102 sentence and places the defendant on probation, the court shall impose:
103 (a) a fine of not less than $1,500;
104 (b) a jail sentence of not less than 1,500 hours; and
105 (c) supervised probation.
106 (4) For Subsection (3) or Subsection 41-6a-503(2)(b), the court:
107 (a) shall impose an order requiring the individual to obtain a screening and assessment
108 for alcohol and substance abuse, and treatment as appropriate; and
109 (b) may impose an order requiring the individual to participate in a 24-7 sobriety
110 program as defined in Section 41-6a-515.5 if the individual is 21 years [
111 (5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.
112 (6) If an individual is convicted of a violation of Section 41-6a-502 and there is
113 admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
114 shall order the following, or describe on record why the order or orders are not appropriate:
115 (a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
116 (b) one or more of the following:
117 (i) the installation of an ignition interlock system as a condition of probation for the
118 individual in accordance with Section 41-6a-518;
119 (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
120 device or remote alcohol monitor as a condition of probation for the individual; or
121 (iii) the imposition of home confinement through the use of electronic monitoring in
122 accordance with Section 41-6a-506.
123 Section 2. Section 41-6a-509 is amended to read:
124 41-6a-509. Driver license suspension or revocation for a driving under the
125 influence violation.
126 (1) The Driver License Division shall, if the person is 21 years of age or older at the
127 time of arrest:
128 (a) suspend for a period of 120 days the operator's license of a person convicted for the
129 first time under Section 41-6a-502; or
130 (b) revoke for a period of two years the license of a person if:
131 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
132 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
133 years from the date of the prior violation.
134 (2) The Driver License Division shall, if the person is 19 years of age or older but
135 under 21 years of age at the time of arrest:
136 (a) suspend the person's driver license until the person is 21 years of age or for a period
137 of one year, whichever is longer, if the person is convicted for the first time of a violation under
138 Section 41-6a-502 of an offense that was committed on or after July 1, 2011;
139 (b) deny the person's application for a license or learner's permit until the person is 21
140 years of age or for a period of one year, whichever is longer, if the person:
141 (i) is convicted for the first time of a violation under Section 41-6a-502 of an offense
142 committed on or after July 1, 2011; and
143 (ii) has not been issued an operator license;
144 (c) revoke the person's driver license until the person is 21 years of age or for a period
145 of two years, whichever is longer, if:
146 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
147 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
148 years from the date of the prior violation; or
149 (d) deny the person's application for a license or learner's permit until the person is 21
150 years of age or for a period of two years, whichever is longer, if:
151 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
152 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
153 years from the date of the prior violation; and
154 (iii) the person has not been issued an operator license.
155 (3) The Driver License Division shall, if the person is under 19 years of age at the time
156 of arrest:
157 (a) suspend the person's driver license until the person is 21 years of age if the person
158 is convicted for the first time of a violation under Section 41-6a-502;
159 (b) deny the person's application for a license or learner's permit until the person is 21
160 years of age if the person:
161 (i) is convicted for the first time of a violation under Section 41-6a-502; and
162 (ii) has not been issued an operator license;
163 (c) revoke the person's driver license until the person is 21 years of age if:
164 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
165 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
166 years from the date of the prior violation; or
167 (d) deny the person's application for a license or learner's permit until the person is 21
168 years of age if:
169 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
170 (ii) the current violation under Section 41-6a-502 is committed within a period of 10
171 years from the date of the prior violation; and
172 (iii) the person has not been issued an operator license.
173 (4) The Driver License Division shall suspend or revoke the license of a person as
174 ordered by the court under Subsection (9).
175 (5) The Driver License Division shall subtract from any suspension or revocation
176 period the number of days for which a license was previously suspended under Section
177 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
178 which the record of conviction is based.
179 (6) If a conviction recorded as impaired driving is amended to a driving under the
180 influence conviction under Section 41-6a-502 in accordance with Subsection
181 41-6a-502.5(3)(a)(ii), the Driver License Division:
182 (a) may not subtract from any suspension or revocation any time for which a license
183 was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
184 (b) shall start the suspension or revocation time under Subsection (1) on the date of the
185 amended conviction.
186 (7) A court that reported a conviction of a violation of Section 41-6a-502 for a
187 violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the
188 suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to
189 completion of the suspension period if the person:
190 (a) completes at least six months of the license suspension;
191 (b) completes a screening;
192 (c) completes an assessment, if it is found appropriate by a screening under Subsection
193 (7)(b);
194 (d) completes substance abuse treatment if it is found appropriate by the assessment
195 under Subsection (7)(c);
196 (e) completes an educational series if substance abuse treatment is not required by an
197 assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
198 (f) has not been convicted of a violation of any motor vehicle law in which the person
199 was involved as the operator of the vehicle during the suspension period imposed under
200 Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
201 (g) has complied with all the terms of the person's probation or all orders of the court if
202 not ordered to probation; and
203 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
204 person has not unlawfully consumed alcohol during the suspension period imposed under
205 Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
206 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
207 affidavit or sworn statement to the court certifying that to the parent or legal guardian's
208 knowledge the person has not unlawfully consumed alcohol during the suspension period
209 imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
210 (8) If the court shortens a person's license suspension period in accordance with the
211 requirements of Subsection (7), the court shall forward the order shortening the person's
212 suspension period to the Driver License Division in a manner specified by the division prior to
213 the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection
214 (3)(a) or (b) [
215 (9) (a) (i) In addition to any other penalties provided in this section, a court may order
216 the operator's license of a person who is convicted of a violation of Section 41-6a-502 to be
217 suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or two
218 years to remove from the highways those persons who have shown they are safety hazards.
219 (ii) The additional suspension or revocation period provided in this Subsection (9) shall
220 begin the date on which the individual would be eligible to reinstate the individual's driving
221 privilege for a violation of Section 41-6a-502.
222 (b) If the court suspends or revokes the person's license under this Subsection (9), the
223 court shall prepare and send to the Driver License Division an order to suspend or revoke that
224 person's driving privileges for a specified period of time.
225 (10) (a) The court shall notify the Driver License Division if a person fails to:
226 (i) complete all court ordered:
227 (A) screening;
228 (B) assessment;
229 (C) educational series;
230 (D) substance abuse treatment; and
231 (E) hours of work in a compensatory-service work program; or
232 (ii) pay all fines and fees, including fees for restitution and treatment costs.
233 (b) Upon receiving the notification described in Subsection (10)(a), the division shall
234 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
235 (11) (a) A court that reported a conviction of a violation of Section 41-6a-502 to the
236 Driver License Division may shorten the suspension period imposed under Subsection (1)
237 before completion of the suspension period if the person is participating in or has successfully
238 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
239 (b) If the court shortens a person's license suspension period in accordance with the
240 requirements of this Subsection (11), the court shall forward [
241 the order shortening the person's suspension period to the Driver License Division in a manner
242 specified by the division.
243 (c) The court shall notify the Driver License Division, in a manner specified by the
244 Driver License Division, if a person fails to complete all requirements of a 24-7 sobriety
245 program.
246 (d) (i) (A) Upon receiving the notification described in Subsection (11)(c), for a first
247 offense, the division shall suspend the person's driving privilege [
248
249 (B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
250 subtracted from the 120-day suspension period for which a driving privilege was previously
251 suspended under this section or Section 53-3-223, if the previous suspension was based on the
252 same occurrence upon which the conviction under Section 41-6a-502 is based.
253 (ii) (A) Upon receiving the notification described in Subsection (11)(c), for a second or
254 subsequent offense, the division shall revoke the person's driving privilege for a period of two
255 years from the date of notice.
256 (B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be
257 subtracted from the two-year revocation period for which a driving privilege was previously
258 revoked under this section or Section 53-3-223, if the previous revocation was based on the
259 same occurrence upon which the conviction under Section 41-6a-502 is based.
260 Section 3. Section 41-6a-515.5 is amended to read:
261 41-6a-515.5. Sobriety program for DUI.
262 (1) As used in this section:
263 (a) "24-7 sobriety program" means a 24 hours a day, seven days a week sobriety and
264 drug monitoring program that:
265 (i) requires an individual to abstain from alcohol or drugs for a period of time;
266 (ii) requires an individual to submit to random drug testing; and
267 (iii) requires the individual to be subject to testing to determine the presence of
268 alcohol:
269 (A) twice a day at a central location where timely sanctions may be applied;
270 (B) by continuous remote sensing or transdermal alcohol monitoring by means of an
271 electronic monitoring device that allows timely sanctions to be applied; or
272 (C) by an alternate method that is approved by the National Highway Traffic Safety
273 Administration.
274 (b) (i) "Testing" means a procedure for determining the presence and level of alcohol
275 or a drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration.
276 (ii) "Testing" includes any combination of the use of:
277 (A) remote and in-person breath testing;
278 (B) drug patch testing;
279 (C) urinalysis testing;
280 (D) saliva testing;
281 (E) continuous remote sensing;
282 (F) transdermal alcohol monitoring; or
283 (G) alternate body fluids approved for testing by the commissioner of the department.
284 [
285
286 [
287 program with a law enforcement agency that is able to meet the 24-7 sobriety program
288 qualifications and requirements under this section.
289 (3) (a) The 24-7 sobriety program shall include use of multiple testing methodologies
290 for the presence of alcohol or drugs that:
291 (i) best facilitates the ability to apply timely sanctions for noncompliance;
292 (ii) is available at an affordable cost; and
293 (iii) provides for positive, behavioral reinforcement for program compliance.
294 (b) The commissioner shall consider the following factors to determine which testing
295 methodologies are best suited for each participant:
296 (i) whether a device is available;
297 (ii) whether the participant is capable of paying the fees and costs associated with each
298 testing methodology;
299 (iii) travel requirements based on each testing methodology and the participant's
300 circumstances;
301 (iv) the substance or substances for which testing will be required; and
302 (v) other factors the commissioner considers relevant.
303 (4) (a) The 24-7 sobriety program shall be supported by evidence of effectiveness and
304 satisfy at least two of the following categories:
305 (i) the program is included in the federal registry of evidence-based programs and
306 practices;
307 (ii) the program has been reported in a peer-reviewed journal as having positive effects
308 on the primary targeted outcome; or
309 (iii) the program has been documented as effective by informed experts and other
310 sources.
311 (b) If a law enforcement agency participates in a 24-7 sobriety program, the department
312 shall assist in the creation and administration of the program in the manner provided in this
313 section.
314 (c) A 24-7 sobriety program shall have at least one testing location and two daily
315 testing times approximately 12 hours apart.
316 (d) A person who is ordered by a judge to participate in the 24-7 sobriety program for a
317 first conviction as defined in Subsection 41-6a-501(2) shall be required to participate in a 24-7
318 sobriety program for at least 30 days.
319 [
320 program has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of
321 the current conviction under Section 41-6a-502 or the commission of the offense upon which
322 the current conviction is based, the person shall be required to participate in a 24-7 sobriety
323 program for at least one year.
324 (5) (a) If a law enforcement agency participates in a 24-7 sobriety program, the law
325 enforcement agency may designate an entity to provide the testing services or to take any other
326 action required or authorized to be provided by the law enforcement agency pursuant to this
327 section, except that the law enforcement agency's designee may not determine whether an
328 individual is required to participate in the 24-7 sobriety program.
329 (b) Subject to the requirement in Subsection (4)(c), the law enforcement agency shall
330 establish the testing locations and times for the county.
331 (6) (a) The commissioner of the department shall establish a data management
332 technology plan for data collection on 24-7 sobriety program participants.
333 (b) All required data related to participants in the 24-7 sobriety program shall be
334 received into the data management technology plan.
335 (c) The data collected under this Subsection (6) is owned by the state.
336 (7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
337 the department shall make rules to implement this section.
338 (b) The rules under Subsection (7)(a) shall:
339 (i) provide for the nature and manner of testing and the procedures and apparatus to be
340 used for testing;
341 (ii) establish reasonable participation and testing fees for the program, including the
342 collection of fees to pay the cost of installation, monitoring, and deactivation of any testing
343 device;
344 (iii) require and provide for the approval of a 24-7 sobriety program data management
345 technology plan that shall be used by the department and participating law enforcement
346 agencies to manage testing, data access, fees and fee payments, and any required reports; and
347 (iv) establish a model sanctioning schedule for program noncompliance[
348 [
349
350 Section 4. Section 41-6a-517 is amended to read:
351 41-6a-517. Definitions -- Driving with any measurable controlled substance in the
352 body -- Penalties -- Arrest without warrant.
353 (1) As used in this section:
354 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
355 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
356 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
357 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
358 (2) (a) Except as provided in Subsection (2)(b), in cases not amounting to a violation of
359 Section 41-6a-502, a person may not operate or be in actual physical control of a motor vehicle
360 within this state if the person has any measurable controlled substance or metabolite of a
361 controlled substance in the person's body.
362 (b) Subsection (2)(a) does not apply to a person that has
363 11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person's
364 body.
365 (3) It is an affirmative defense to prosecution under this section that the controlled
366 substance was:
367 (a) involuntarily ingested by the accused;
368 (b) prescribed by a practitioner for use by the accused;
369 (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
370 form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
371 Cannabis Act; or
372 (d) otherwise legally ingested.
373 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
374 misdemeanor.
375 (b) A person who violates this section is subject to conviction and sentencing under
376 both this section and any applicable offense under Section 58-37-8.
377 (5) A peace officer may, without a warrant, arrest a person for a violation of this
378 section when the officer has probable cause to believe the violation has occurred, although not
379 in the officer's presence, and if the officer has probable cause to believe that the violation was
380 committed by the person.
381 (6) The Driver License Division shall, if the person is 21 years of age or older on the
382 date of arrest:
383 (a) suspend, for a period of 120 days, the driver license of a person convicted under
384 Subsection (2) of an offense committed on or after July 1, 2009; or
385 (b) revoke, for a period of two years, the driver license of a person if:
386 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
387 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
388 and within a period of 10 years after the date of the prior violation.
389 (7) The Driver License Division shall, if the person is 19 years of age or older but
390 under 21 years of age on the date of arrest:
391 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
392 longer, the driver license of a person convicted under Subsection (2) of an offense committed
393 on or after July 1, 2011; or
394 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
395 longer, the driver license of a person if:
396 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
397 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
398 and within a period of 10 years after the date of the prior violation.
399 (8) The Driver License Division shall, if the person is under 19 years of age on the date
400 of arrest:
401 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
402 under Subsection (2) of an offense committed on or after July 1, 2009; or
403 (b) revoke, until the person is 21 years of age, the driver license of a person if:
404 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
405 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
406 and within a period of 10 years after the date of the prior violation.
407 (9) The Driver License Division shall subtract from any suspension or revocation
408 period the number of days for which a license was previously suspended under Section
409 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
410 which the record of conviction is based.
411 (10) The Driver License Division shall:
412 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
413 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
414 committed prior to July 1, 2009; or
415 (b) deny, suspend, or revoke the operator's license of a person for the denial,
416 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
417 (i) the person was 20 years of age or older but under 21 years of age at the time of
418 arrest; and
419 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
420 July 1, 2009, and prior to July 1, 2011.
421 (11) A court that reported a conviction of a violation of this section for a violation that
422 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
423 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
424 if the person:
425 (a) completes at least six months of the license suspension;
426 (b) completes a screening;
427 (c) completes an assessment, if it is found appropriate by a screening under Subsection
428 (11)(b);
429 (d) completes substance abuse treatment if it is found appropriate by the assessment
430 under Subsection (11)(c);
431 (e) completes an educational series if substance abuse treatment is not required by the
432 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
433 (f) has not been convicted of a violation of any motor vehicle law in which the person
434 was involved as the operator of the vehicle during the suspension period imposed under
435 Subsection (7)(a) or (8)(a);
436 (g) has complied with all the terms of the person's probation or all orders of the court if
437 not ordered to probation; and
438 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
439 person has not consumed a controlled substance not prescribed by a practitioner for use by the
440 person or unlawfully consumed alcohol during the suspension period imposed under
441 Subsection (7)(a) or (8)(a); or
442 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
443 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
444 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
445 for use by the person or unlawfully consumed alcohol during the suspension period imposed
446 under Subsection (7)(a) or (8)(a).
447 (12) If the court shortens a person's license suspension period in accordance with the
448 requirements of Subsection (11), the court shall forward the order shortening the person's
449 license suspension period to the Driver License Division in a manner specified by the division
450 prior to the completion of the suspension period imposed under Subsection (7)(a) or (8)(a) [
451
452 (13) (a) The court shall notify the Driver License Division if a person fails to:
453 (i) complete all court ordered screening and assessment, educational series, and
454 substance abuse treatment; or
455 (ii) pay all fines and fees, including fees for restitution and treatment costs.
456 (b) Upon receiving the notification, the division shall suspend the person's driving
457 privilege in accordance with Subsections 53-3-221(2) and (3).
458 (14) The court:
459 (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
460 convicted under Subsection (2); and
461 (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
462 program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
463 (15) (a) A court that reported a conviction of a violation of this section to the Driver
464 License Division may shorten the suspension period imposed under Subsection (6) before
465 completion of the suspension period if the person is participating in or has successfully
466 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
467 (b) If the court shortens a person's license suspension period in accordance with the
468 requirements of this Subsection (15), the court shall forward to the Driver License Division, in
469 a manner specified by the division, the order shortening the person's suspension period.
470 (c) The court shall notify the Driver License Division, in a manner specified by the
471 division, if a person fails to complete all requirements of a 24-7 sobriety program.
472 [
473
474 (d) (i) (A) Upon receiving the notification described in Subsection (15)(c), for a first
475 offense, the division shall suspend the person's driving privilege for a period of 120 days from
476 the date of notice.
477 (B) For a suspension described in Subsection (15)(d)(i)(A), no days shall be subtracted
478 from the 120-day suspension period for which a driving privilege was suspended under this
479 section or under Section 53-3-223, if the previous suspension was based on the same
480 occurrence upon which the conviction under this section is based.
481 (ii) (A) Upon receiving the notification described in Subsection (15)(c), for a second or
482 subsequent offense, the division shall revoke the person's driving privilege for a period of two
483 years from the date of notice.
484 (B) For a revocation described in Subsection (15)(d)(ii)(A), no days shall be subtracted
485 from the two-year revocation period for which a driving privilege was previously revoked
486 under this section or under Section 53-3-223, if the previous revocation was based on the same
487 occurrence upon which the conviction under this section is based.
488 Section 5. Section 41-6a-518 is amended to read:
489 41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost --
490 Impecuniosity -- Fee.
491 (1) As used in this section:
492 (a) "Commissioner" means the commissioner of the Department of Public Safety.
493 (b) "Employer verification" means written verification from the employer that:
494 (i) the employer is aware that the employee is an interlock restricted driver;
495 (ii) the vehicle the employee is operating for employment purposes is not made
496 available to the employee for personal use;
497 (iii) the business entity that employs the employee is not entirely or partly owned or
498 controlled by the employee;
499 (iv) the employer's auto insurance company is aware that the employee is an interlock
500 restricted driver; and
501 (v) the employee has been added to the employer's auto insurance policy as an operator
502 of the vehicle.
503 (c) "Ignition interlock system" or "system" means a constant monitoring device or any
504 similar device certified by the commissioner that prevents a motor vehicle from being started
505 or continuously operated without first determining the driver's breath alcohol concentration.
506 (d) "Probation provider" means the supervisor and monitor of the ignition interlock
507 system required as a condition of probation who contracts with the court in accordance with
508 Subsections 41-6a-507(2) and (3).
509 (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
510 41-6a-505, and in addition to any requirements imposed as a condition of probation, unless the
511 court determines and states on the record that an ignition interlock system is not necessary for
512 the safety of the community and in the best interest of justice, the court [
513 any person who is convicted of violating Section 41-6a-502 and who is granted probation may
514 not operate a motor vehicle during the period of probation unless that motor vehicle is
515 equipped with a functioning, certified ignition interlock system installed and calibrated so that
516 the motor vehicle will not start or continuously operate if the operator's blood alcohol
517 concentration exceeds [
518 (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
519 the violation occurred, the court shall order the installation of the ignition interlock system as a
520 condition of probation.
521 (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
522 prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
523 the interlock ignition system, at the person's expense, for all motor vehicles registered to that
524 person and all motor vehicles operated by that person.
525 (ii) A person who operates a motor vehicle without an ignition interlock device as
526 required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
527 (d) The division shall post the ignition interlock restriction on the electronic record
528 available to law enforcement.
529 (e) This section does not apply to a person convicted of a violation of Section
530 41-6a-502 whose violation does not involve alcohol.
531 (3) If the court imposes the use of an ignition interlock system as a condition of
532 probation, the court shall:
533 (a) stipulate on the record the requirement for and the period of the use of an ignition
534 interlock system;
535 (b) order that an ignition interlock system be installed on each motor vehicle owned or
536 operated by the probationer, at the probationer's expense;
537 (c) immediately notify the Driver License Division and the person's probation provider
538 of the order; and
539 (d) require the probationer to provide proof of compliance with the court's order to the
540 probation provider within 30 days of the order.
541 (4) (a) The probationer shall provide timely proof of installation within 30 days of an
542 order imposing the use of a system or show cause why the order was not complied with to the
543 court or to the probationer's probation provider.
544 (b) The probation provider shall notify the court of failure to comply under Subsection
545 (4)(a).
546 (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
547 under Subsection (4)(b), the court shall order the Driver License Division to suspend the
548 probationer's driving privileges for the remaining period during which the compliance was
549 imposed.
550 (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
551 to excuse the probationer's failure to comply with the court's order.
552 (5) (a) Any probationer required to install an ignition interlock system shall have the
553 system monitored by the manufacturer or dealer of the system for proper use and accuracy at
554 least semiannually and more frequently as the court may order.
555 (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
556 court or the person's probation provider.
557 (ii) The report shall be issued within 14 days following each monitoring.
558 (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
559 reasonable costs of leasing or buying and installing and maintaining the system.
560 (b) A probationer may not be excluded from this section for inability to pay the costs,
561 unless:
562 (i) the probationer files an affidavit of impecuniosity; and
563 (ii) the court enters a finding that the probationer is impecunious.
564 (c) In lieu of waiver of the entire amount of the cost, the court may direct the
565 probationer to make partial or installment payments of costs when appropriate.
566 (d) The ignition interlock provider shall cover the costs of waivers by the court under
567 this Subsection (6).
568 (7) (a) If a probationer is required in the course and scope of employment to operate a
569 motor vehicle owned by the probationer's employer, the probationer may operate that motor
570 vehicle without installation of an ignition interlock system only if:
571 (i) the motor vehicle is used in the course and scope of employment;
572 (ii) the employer has been notified that the employee is restricted; and
573 (iii) the employee has employer verification in the employee's possession while
574 operating the employer's motor vehicle.
575 (b) (i) To the extent that an employer-owned motor vehicle is made available to a
576 probationer subject to this section for personal use, no exemption under this section shall apply.
577 (ii) A probationer intending to operate an employer-owned motor vehicle for personal
578 use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
579 system shall notify the employer and obtain consent in writing from the employer to install a
580 system in the employer-owned motor vehicle.
581 (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
582 by a probationer subject to this section is not a motor vehicle owned by the employer and does
583 not qualify for an exemption under this Subsection (7).
584 (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
585 the commissioner shall make rules setting standards for the certification of ignition interlock
586 systems.
587 (b) The standards under Subsection (8)(a) shall require that the system:
588 (i) not impede the safe operation of the motor vehicle;
589 (ii) have features that make circumventing difficult and that do not interfere with the
590 normal use of the motor vehicle;
591 (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
592 (iv) prevent the motor vehicle from being started if the driver's breath alcohol
593 concentration exceeds [
594 (v) work accurately and reliably in an unsupervised environment;
595 (vi) resist tampering and give evidence if tampering is attempted;
596 (vii) operate reliably over the range of motor vehicle environments; and
597 (viii) be manufactured by a party who will provide liability insurance.
598 (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
599 independent laboratory tests relied upon in certification of ignition interlock systems by other
600 states.
601 (d) A list of certified systems shall be published by the commissioner and the cost of
602 certification shall be borne by the manufacturers or dealers of ignition interlock systems
603 seeking to sell, offer for sale, or lease the systems.
604 (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
605 annual dollar assessment against the manufacturers of ignition interlock systems distributed in
606 the state for the costs incurred in certifying.
607 (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
608 manufacturers on a fair and reasonable basis.
609 (f) The commissioner shall require a provider of an ignition interlock system certified
610 in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
611 Ignition Interlock System Program Act.
612 (9) A violation of this section is a class C misdemeanor.
613 (10) There shall be no liability on the part of, and no cause of action of any nature shall
614 arise against, the state or its employees in connection with the installation, use, operation,
615 maintenance, or supervision of an interlock ignition system as required under this section.
616 Section 6. Section 53-3-220 is amended to read:
617 53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
618 disqualification of license -- Offense requiring an extension of period -- Hearing --
619 Limited driving privileges.
620 (1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
621 6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or
622 disqualification, the division shall deny, suspend, or disqualify the license of a person upon
623 receiving a record of the person's conviction for:
624 (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
625 automobile homicide under Section 76-5-207 or 76-5-207.5;
626 (ii) driving or being in actual physical control of a motor vehicle while under the
627 influence of alcohol, any drug, or combination of them to a degree that renders the person
628 incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited
629 in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
630 (iii) driving or being in actual physical control of a motor vehicle while having a blood
631 or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance
632 that complies with the requirements of Subsection 41-6a-510(1);
633 (iv) perjury or the making of a false affidavit to the division under this chapter, Title
634 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
635 regulating driving on highways;
636 (v) any felony under the motor vehicle laws of this state;
637 (vi) any other felony in which a motor vehicle is used to facilitate the offense;
638 (vii) failure to stop and render aid as required under the laws of this state if a motor
639 vehicle accident results in the death or personal injury of another;
640 (viii) two charges of reckless driving, impaired driving, or any combination of reckless
641 driving and impaired driving committed within a period of 12 months; but if upon a first
642 conviction of reckless driving or impaired driving the judge or justice recommends suspension
643 of the convicted person's license, the division may after a hearing suspend the license for a
644 period of three months;
645 (ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
646 officer as required in Section 41-6a-210;
647 (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
648 requires disqualification;
649 (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
650 allowing the discharge of a firearm from a vehicle;
651 (xii) using, allowing the use of, or causing to be used any explosive, chemical, or
652 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
653 (xiii) operating or being in actual physical control of a motor vehicle while having any
654 measurable controlled substance or metabolite of a controlled substance in the person's body in
655 violation of Section 41-6a-517;
656 (xiv) operating or being in actual physical control of a motor vehicle while having any
657 measurable or detectable amount of alcohol in the person's body in violation of Section
658 41-6a-530;
659 (xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
660 violation of Section 41-6a-606;
661 (xvi) operating or being in actual physical control of a motor vehicle in this state
662 without an ignition interlock system in violation of Section 41-6a-518.2;
663 (xvii) custodial interference, under:
664 (A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless
665 the court provides the division with an order of suspension for a shorter period of time;
666 (B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless
667 the court provides the division with an order of suspension for a shorter period of time; or
668 (C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless
669 the court provides the division with an order of suspension for a shorter period of time; or
670 (xviii) refusal of a chemical test under Subsection 41-6a-520(7).
671 (b) The division shall immediately revoke the license of a person upon receiving a
672 record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for:
673 (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
674 allowing the discharge of a firearm from a vehicle; or
675 (ii) using, allowing the use of, or causing to be used any explosive, chemical, or
676 incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
677 (c) Except when action is taken under Section 53-3-219 for the same offense, upon
678 receiving a record of conviction, the division shall immediately suspend for six months the
679 license of the convicted person if the person was convicted of one of the following offenses
680 while the person was an operator of a motor vehicle:
681 (i) any violation of:
682 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
683 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
684 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
685 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
686 (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
687 (ii) any criminal offense that prohibits:
688 (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
689 that is prohibited under the acts described in Subsection (1)(c)(i); or
690 (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
691 transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
692 (iii) Notwithstanding the provisions in this Subsection (1)(c), the division shall
693 reinstate a person's driving privilege before completion of the suspension period imposed under
694 this Subsection (1)(c) if the reporting court notifies the Driver License Division, in a manner
695 specified by the division, that the defendant is participating in or has successfully completed a
696 drug court program as defined in Section 78A-5-201.
697 (iv) If a person's driving privilege is reinstated under Subsection (1)(c)(iii), the person
698 is required to pay the license reinstatement fees under Subsection 53-3-105(26).
699 (v) The court shall notify the division, in a manner specified by the division, if a person
700 fails to complete all requirements of the drug court program.
701 (vi) Upon receiving the notification described in Subsection (1)(c)(v), the division shall
702 suspend the person's driving privilege for a period of six months from the date of the notice,
703 and no days shall be subtracted from the six-month suspension period for which a driving
704 privilege was previously suspended under this Subsection (1)(c).
705 (d) (i) The division shall immediately suspend a person's driver license for conviction
706 of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
707 (A) an order from the sentencing court requiring that the person's driver license be
708 suspended; and
709 (B) a record of the conviction.
710 (ii) An order of suspension under this section is at the discretion of the sentencing
711 court, and may not be for more than 90 days for each offense.
712 (e) (i) The division shall immediately suspend for one year the license of a person upon
713 receiving a record of:
714 (A) conviction for the first time for a violation under Section 32B-4-411; or
715 (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for a violation
716 under Section 32B-4-411.
717 (ii) The division shall immediately suspend for a period of two years the license of a
718 person upon receiving a record of:
719 (A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
720 (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
721 conviction for a violation under Section 32B-4-411; or
722 (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
723 Act of 1996, for a violation under Section 32B-4-411; and
724 (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
725 adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
726 Section 32B-4-411.
727 (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
728 (A) for a conviction or adjudication described in Subsection (1)(e)(i):
729 (I) impose a suspension for one year beginning on the date of conviction; or
730 (II) if the person is under the age of eligibility for a driver license, impose a suspension
731 that begins on the date of conviction and continues for one year beginning on the date of
732 eligibility for a driver license; or
733 (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
734 (I) impose a suspension for a period of two years; or
735 (II) if the person is under the age of eligibility for a driver license, impose a suspension
736 that begins on the date of conviction and continues for two years beginning on the date of
737 eligibility for a driver license.
738 (iv) Upon receipt of the first order suspending a person's driving privileges under
739 Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if
740 ordered by the court in accordance with Subsection 32B-4-411(3)(a).
741 (v) Upon receipt of the second or subsequent order suspending a person's driving
742 privileges under Section 32B-4-411, the division shall reduce the suspension period under
743 Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
744 (2) The division shall extend the period of the first denial, suspension, revocation, or
745 disqualification for an additional like period, to a maximum of one year for each subsequent
746 occurrence, upon receiving:
747 (a) a record of the conviction of any person on a charge of driving a motor vehicle
748 while the person's license is denied, suspended, revoked, or disqualified;
749 (b) a record of a conviction of the person for any violation of the motor vehicle law in
750 which the person was involved as a driver;
751 (c) a report of an arrest of the person for any violation of the motor vehicle law in
752 which the person was involved as a driver; or
753 (d) a report of an accident in which the person was involved as a driver.
754 (3) When the division receives a report under Subsection (2)(c) or (d) that a person is
755 driving while the person's license is denied, suspended, disqualified, or revoked, the person is
756 entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
757 or revocation originally imposed under Section 53-3-221.
758 (4) (a) The division may extend to a person the limited privilege of driving a motor
759 vehicle to and from the person's place of employment or within other specified limits on
760 recommendation of the judge in any case where a person is convicted of any of the offenses
761 referred to in Subsections (1) and (2) except:
762 (i) automobile homicide under Subsection (1)(a)(i);
763 (ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
764 (1)(c); and
765 (iii) those offenses referred to in Subsection (2) when the original denial, suspension,
766 revocation, or disqualification was imposed because of a violation of Section 41-6a-502,
767 41-6a-517, a local ordinance which complies with the requirements of Subsection
768 41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person
769 was charged with violating as a result of a plea bargain after having been originally charged
770 with violating one or more of these sections or ordinances, unless:
771 (A) the person has had the period of the first denial, suspension, revocation, or
772 disqualification extended for a period of at least three years;
773 (B) the division receives written verification from the person's primary care physician
774 that:
775 (I) to the physician's knowledge the person has not used any narcotic drug or other
776 controlled substance except as prescribed by a licensed medical practitioner within the last
777 three years; and
778 (II) the physician is not aware of any physical, emotional, or mental impairment that
779 would affect the person's ability to operate a motor vehicle safely; and
780 (C) for a period of one year prior to the date of the request for a limited driving
781 privilege:
782 (I) the person has not been convicted of a violation of any motor vehicle law in which
783 the person was involved as the operator of the vehicle;
784 (II) the division has not received a report of an arrest for a violation of any motor
785 vehicle law in which the person was involved as the operator of the vehicle; and
786 (III) the division has not received a report of an accident in which the person was
787 involved as an operator of a vehicle.
788 (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
789 authorized in this Subsection (4):
790 (A) is limited to when undue hardship would result from a failure to grant the
791 privilege; and
792 (B) may be granted only once to any person during any single period of denial,
793 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
794 or disqualification.
795 (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
796 (A) is limited to when the limited privilege is necessary for the person to commute to
797 school or work; and
798 (B) may be granted only once to any person during any single period of denial,
799 suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
800 or disqualification.
801 (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
802 Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
803 denied under this chapter.
804 Section 7. Section 53-3-223 is amended to read:
805 53-3-223. Chemical test for driving under the influence -- Temporary license --
806 Hearing and decision -- Suspension and fee -- Judicial review.
807 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
808 violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a
809 certain blood or breath alcohol concentration and driving under the influence of any drug,
810 alcohol, or combination of a drug and alcohol or while having any measurable controlled
811 substance or metabolite of a controlled substance in the person's body in violation of Section
812 41-6a-517, the peace officer may, in connection with arresting the person, request that the
813 person submit to a chemical test or tests to be administered in compliance with the standards
814 under Section 41-6a-520.
815 (b) In this section, a reference to Section 41-6a-502 includes any similar local
816 ordinance adopted in compliance with Subsection 41-6a-510(1).
817 (2) The peace officer shall advise a person prior to the person's submission to a
818 chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
819 and the existence of a blood alcohol content sufficient to render the person incapable of safely
820 driving a motor vehicle may, result in suspension or revocation of the person's license to drive
821 a motor vehicle.
822 (3) If the person submits to a chemical test and the test results indicate a blood or
823 breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer
824 makes a determination, based on reasonable grounds, that the person is otherwise in violation
825 of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of
826 arrest, give notice of the division's intention to suspend the person's license to drive a motor
827 vehicle.
828 (4) When a peace officer gives notice on behalf of the division, the peace officer shall
829 supply to the driver, in a manner specified by the division, basic information regarding how to
830 obtain a prompt hearing before the division.
831 (5) As a matter of procedure, a peace officer shall send to the division within 10
832 calendar days after the day on which notice is provided:
833 (a) a copy of the citation issued for the offense;
834 (b) a signed report in a manner specified by the division indicating the chemical test
835 results, if any; and
836 (c) any other basis for the peace officer's determination that the person has violated
837 Section 41-6a-502 or 41-6a-517.
838 (6) (a) Upon request in a manner specified by the division, the division shall grant to
839 the person an opportunity to be heard within 29 days after the date of arrest. The request to be
840 heard shall be made within 10 calendar days of the day on which notice is provided under
841 Subsection (5).
842 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
843 division in:
844 (A) the county in which the arrest occurred; or
845 (B) a county that is adjacent to the county in which the arrest occurred.
846 (ii) The division may hold a hearing in some other county if the division and the person
847 both agree.
848 (c) The hearing shall be documented and shall cover the issues of:
849 (i) whether a peace officer had reasonable grounds to believe the person was driving a
850 motor vehicle in violation of Section 41-6a-502 or 41-6a-517;
851 (ii) whether the person refused to submit to the test; and
852 (iii) the test results, if any.
853 (d) (i) In connection with a hearing the division or its authorized agent:
854 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
855 the production of relevant books and papers; or
856 (B) may issue subpoenas for the attendance of necessary peace officers.
857 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
858 accordance with the rates established in Section 78B-1-119.
859 (e) The division may designate one or more employees to conduct the hearing.
860 (f) Any decision made after a hearing before any designated employee is as valid as if
861 made by the division.
862 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
863 grounds to believe that the person was driving a motor vehicle in violation of Section
864 41-6a-502 or 41-6a-517, if the person failed to appear before the division as required in the
865 notice, or if a hearing is not requested under this section, the division shall:
866 (i) if the person is 21 years of age or older at the time of arrest, suspend the person's
867 license or permit to operate a motor vehicle for a period of:
868 (A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
869 (B) two years beginning on the 45th day after the date of arrest for a second or
870 subsequent suspension for an offense that occurred within the previous 10 years; or
871 (ii) if the person is under 21 years of age at the time of arrest:
872 (A) suspend the person's license or permit to operate a motor vehicle:
873 (I) for a period of six months, beginning on the 45th day after the date of arrest for a
874 first suspension; or
875 (II) until the person is 21 years of age or for a period of two years, whichever is longer,
876 beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
877 offense that occurred within the previous 10 years; or
878 (B) deny the person's application for a license or learner's permit:
879 (I) for a period of six months beginning on the 45th day after the date of the arrest for a
880 first suspension, if the person has not been issued an operator license; or
881 (II) until the person is 21 years of age or for a period of two years, whichever is longer,
882 beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
883 offense that occurred within the previous 10 years.
884 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
885 reinstate a person's license prior to completion of the 120 day suspension period imposed under
886 Subsection (7)(a)(i)(A):
887 (A) immediately upon receiving written verification of the person's dismissal of a
888 charge for a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received
889 prior to completion of the suspension period; or
890 (B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
891 receiving written verification of the person's reduction of a charge for a violation of Section
892 41-6a-502 or 41-6a-517, if the written verification is received prior to completion of the
893 suspension period.
894 (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
895 reinstate a person's license prior to completion of the 120-day suspension period imposed under
896 Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
897 conviction of impaired driving under Section 41-6a-502.5 if:
898 (A) the written verification is received prior to completion of the suspension period;
899 and
900 (B) the reporting court notifies the Driver License Division that the defendant is
901 participating in or has successfully completed the program of a driving under the influence
902 court as defined in Section 41-6a-501.
903 (iii) If a person's license is reinstated under this Subsection (7)(b), the person is
904 required to pay the license reinstatement application fees under Subsections 53-3-105[
905 and [
906 (iv) The driver license reinstatements authorized under this Subsection (7)(b) only
907 apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
908 (8) (a) The division shall assess against a person, in addition to any fee imposed under
909 Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover
910 administrative costs, which shall be paid before the person's driving privilege is reinstated.
911 This fee shall be cancelled if the person obtains an unappealed division hearing or court
912 decision that the suspension was not proper.
913 (b) A person whose license has been suspended by the division under this section
914 following an administrative hearing may file a petition within 30 days after the suspension for a
915 hearing on the matter which, if held, is governed by Section 53-3-224.
916 (9) (a) Notwithstanding the provisions in Subsection (7)(a)(i) or (ii), the division shall
917 reinstate a person's license before completion of the suspension period imposed under
918 Subsection (7)(a)(i) or (ii) if the reporting court notifies the Driver License Division that the
919 defendant is participating in or has successfully completed a 24-7 sobriety program as defined
920 in Section 41-6a-515.5.
921 (b) If a person's license is reinstated under Subsection (9)(a), the person is required to
922 pay the license reinstatement application fees under Subsections 53-3-105[
923 (27).
924 (10) (a) If the division suspends a person's license for an alcohol related offense under
925 Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition
926 interlock restricted driver if the person:
927 (i) has a valid driving privilege, with the exception of the suspension under Subsection
928 (7)(a)(i)(A);
929 (ii) completes a risk assessment approved by the division that:
930 (A) is completed after the date of the arrest for which the person is suspended under
931 Subsection (7)(a)(i)(A); and
932 (B) identifies the person as a low risk offender;
933 (iii) installs an ignition interlock device in any vehicle owned or driven by the person
934 in accordance with Section 53-3-1007; and
935 (iv) pays the license reinstatement application fees described in Subsections
936 53-3-105(26) and (27).
937 (b) The person shall remain an ignition interlock restricted driver for a period of 120
938 days from the original effective date of the suspension under Subsection (7)(a)(i)(A). If the
939 person removes an ignition interlock device from a vehicle owned or driven by the person prior
940 to the expiration of the 120 day ignition interlock restriction period;
941 (i) the person's driver license shall be suspended under Subsection (7)(a)(i)(A) for the
942 remainder of the 120 day ignition interlock restriction period;
943 (ii) the person is required to pay the license reinstatement application fee under
944 Subsection 53-3-105(26); and
945 (iii) the person may not elect to become an ignition interlock restricted driver under
946 this section.
947 (c) If a person elects to become an ignition interlock restricted driver under Subsection
948 (10)(a), the provisions under Subsection (7)(b) do not apply.