1     
DUI AMENDMENTS

2     
2022 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 provisions related to driving under the influence and related penalties.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to driving under the influence to clarify that both blood
13     and breath alcohol levels are relevant for certain offenses and penalty purposes;
14          ▸     amends provisions regarding refusal of a chemical test and associated penalties
15     based on the circumstances;
16          ▸     amends provisions regarding penalties and the requirement for a court to order
17     probation in certain circumstances;
18          ▸     amends the definition of "human driver" to clarify that a person without a valid
19     license is subject to traffic laws, including driving under the influence; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          41-6a-502.5, as last amended by Laws of Utah 2021, Chapter 79

28          41-6a-503, as last amended by Laws of Utah 2021, Chapter 79
29          41-6a-505, as last amended by Laws of Utah 2021, Chapters 79 and 83
30          41-6a-520, as last amended by Laws of Utah 2020, Chapter 177
31          41-26-102.1, as enacted by Laws of Utah 2019, Chapter 459
32          41-26-103, as enacted by Laws of Utah 2019, Chapter 459
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 41-6a-502.5 is amended to read:
36          41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
37     requirements.
38          (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
39     Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
40     impaired driving under this section if:
41          (a) the defendant completes court ordered probation requirements; or
42          (b) (i) the prosecutor agrees as part of a negotiated plea; and
43          (ii) the court finds the plea to be in the interest of justice.
44          (2) A conviction entered under this section is a class B misdemeanor.
45          (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
46     probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
47          (ii) If the defendant fails to appear before the court and establish successful completion
48     of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
49     amended conviction of Section 41-6a-502.
50          (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
51     conviction.
52          (b) The court may enter a conviction of impaired driving immediately under
53     Subsection (1)(b).
54          (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
55     violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
56     degree.
57          (5) (a) The court shall notify the Driver License Division of each conviction entered
58     under this section.

59          (b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
60     Occupational and Professional Licensing, created in Section 58-1-103, a report containing the
61     name, case number, and, if known, the date of birth of each person convicted during the
62     preceding month of a violation of this section for whom there is evidence that the person was
63     driving while impaired, in whole or in part, by a prescribed controlled substance.
64          (6) (a) The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a
65     sentencing court to order a convicted person to participate in a screening, an assessment, or an
66     educational series, or obtain substance abuse treatment or do a combination of those things,
67     apply to a conviction entered under this section.
68          (b) The court shall render the same order regarding screening, assessment, an
69     educational series, or substance abuse treatment in connection with a first, second, or
70     subsequent conviction under this section as the court would render in connection with applying
71     respectively, the first, second, or subsequent conviction requirements of Subsections
72     41-6a-505(1), (3), (5), and (7).
73          (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
74     53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
75     reporting court notifies the Driver License Division that the defendant is participating in or has
76     successfully completed the program of a driving under the influence court.
77          (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
78          (i) a CDL license holder; or
79          (ii) a violation that occurred in a commercial motor vehicle.
80          (8) The provisions of this section are not available:
81          (a) to a person who has a prior conviction as that term is defined in Subsection
82     41-6a-501(2); or
83          (b) where there is admissible evidence that the individual:
84          (i) had a blood or breath alcohol level of .16 or higher;
85          (ii) had a blood or breath alcohol level of .05 or higher in addition to any measurable
86     controlled substance; or
87          (iii) had a combination of two or more controlled substances in the person's body that
88     were not:
89          (A) prescribed by a licensed physician; or

90          (B) recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis
91     Act.
92          Section 2. Section 41-6a-503 is amended to read:
93          41-6a-503. Penalties for driving under the influence violations.
94          (1) A person who violates for the first or second time Section 41-6a-502 or 41-6a-520
95     is guilty of an offense classified as a:
96          (a) class B misdemeanor; or
97          (b) class A misdemeanor if the person:
98          (i) has also inflicted bodily injury upon another as a proximate result of having
99     operated the vehicle in a negligent manner;
100          (ii) had a passenger under 16 years [of age] old in the vehicle at the time of the offense;
101          (iii) was 21 years [of age] old or older and had a passenger under 18 years [of age] old
102     in the vehicle at the time of the offense; or
103          (iv) at the time of the violation of Section 41-6a-502, also violated Section 41-6a-712
104     or 41-6a-714.
105          (2) A person who violates Section 41-6a-502 or 41-6a-520 is guilty of an offense
106     classified as a third degree felony if:
107          (a) the person has also inflicted serious bodily injury upon another as a proximate
108     result of having operated the vehicle in a negligent manner;
109          (b) the person has two or more prior convictions as defined in Subsection
110     41-6a-501(2), each of which is within 10 years of:
111          (i) the current conviction [under Section 41-6a-502]; or
112          (ii) the commission of the offense upon which the current conviction is based; or
113          (c) the current conviction [under Section 41-6a-502] is at any time after a conviction
114     of:
115          (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
116          (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
117     that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
118          (iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
119     conviction is reduced under Section 76-3-402.
120          (3) A person is guilty of a separate offense for each victim suffering bodily injury or

121     serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a
122     result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
123     same episode of driving.
124          (4) A person is guilty of a separate offense under Subsection (1)(b)(ii) for each
125     passenger in the vehicle at the time of the offense that is under 16 years old.
126          Section 3. Section 41-6a-505 is amended to read:
127          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
128     drugs, or a combination of both violations.
129          (1) As part of any sentence for a first conviction of Section 41-6a-502 where there is
130     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
131     a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
132     substance, or had a combination of two or more controlled substances in the individual's body
133     that were not recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis
134     Act or prescribed:
135          (a) the court shall:
136          (i) (A) impose a jail sentence of not less than five days; or
137          (B) impose a jail sentence of not less than two days in addition to home confinement of
138     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
139     substance abuse testing instrument in accordance with Section 41-6a-506;
140          (ii) order the individual to participate in a screening;
141          (iii) order the individual to participate in an assessment, if it is found appropriate by a
142     screening under Subsection (1)(a)(ii);
143          (iv) order the individual to participate in an educational series if the court does not
144     order substance abuse treatment as described under Subsection (1)(b);
145          (v) impose a fine of not less than $700;
146          (vi) order probation for the individual in accordance with Section 41-6a-507;
147          (vii) (A) order the individual to pay the administrative impound fee described in
148     Section 41-6a-1406; or
149          (B) if the administrative impound fee was paid by a party described in Subsection
150     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
151     reimburse the party;

152          (viii) (A) order the individual to pay the towing and storage fees described in Section
153     72-9-603; or
154          (B) if the towing and storage fees were paid by a party described in Subsection
155     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
156     reimburse the party; or
157          (ix) unless the court determines and states on the record that an ignition interlock
158     system is not necessary for the safety of the community and in the best interest of justice, order
159     the installation of an ignition interlock system as described in Section 41-6a-518; and
160          (b) the court may:
161          (i) order the individual to obtain substance abuse treatment if the substance abuse
162     treatment program determines that substance abuse treatment is appropriate;
163          [(ii) order probation for the individual in accordance with Section 41-6a-507;]
164          [(iii)] (ii) order the individual to participate in a 24/7 sobriety program as defined in
165     Section 41-6a-515.5 if the individual is 21 years old or older; or
166          [(iv)] (iii) order a combination of Subsections (1)(b)(i) [through (iii)] and (ii).
167          (2) (a) If an individual described in Subsection (1) is participating in a 24/7 sobriety
168     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
169     under Subsection (1)(a).
170          (b) If an individual described in Subsection (1) fails to successfully complete all of the
171     requirements of the 24/7 sobriety program, the court shall impose the suspended jail sentence
172     described in Subsection (2)(a).
173          (3) As part of any sentence for any first conviction of Section 41-6a-502 not described
174     in Subsection (1):
175          (a) the court shall:
176          (i) (A) impose a jail sentence of not less than 2 days; or
177          (B) require the individual to work in a compensatory-service work program for not less
178     than 48 hours;
179          (ii) order the individual to participate in a screening;
180          (iii) order the individual to participate in an assessment, if it is found appropriate by a
181     screening under Subsection (3)(a)(ii);
182          (iv) order the individual to participate in an educational series if the court does not

183     order substance abuse treatment as described under Subsection (3)(b);
184          (v) impose a fine of not less than $700;
185          (vi) (A) order the individual to pay the administrative impound fee described in Section
186     41-6a-1406; or
187          (B) if the administrative impound fee was paid by a party described in Subsection
188     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
189     reimburse the party; or
190          (vii) (A) order the individual to pay the towing and storage fees described in Section
191     72-9-603; or
192          (B) if the towing and storage fees were paid by a party described in Subsection
193     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
194     reimburse the party; and
195          (b) the court may:
196          (i) order the individual to obtain substance abuse treatment if the substance abuse
197     treatment program determines that substance abuse treatment is appropriate;
198          (ii) order probation for the individual in accordance with Section 41-6a-507;
199          (iii) order the individual to participate in a 24/7 sobriety program as defined in Section
200     41-6a-515.5 if the individual is 21 years old or older; or
201          (iv) order a combination of Subsections (3)(b)(i) through (iii).
202          (4) (a) If an individual described in Subsection (3) is participating in a 24/7 sobriety
203     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
204     under Subsection (3)(a).
205          (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
206     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
207     sentence described in Subsection (4)(a).
208          (5) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
209     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
210     offense upon which the current conviction is based and where there is admissible evidence that
211     the individual had a blood or breath alcohol level of .16 or higher, had a blood or breath
212     alcohol level of .05 or higher in addition to any measurable controlled substance, or had a
213     combination of two or more controlled substances in the individual's body that were not

214     recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act or
215     prescribed:
216          (a) the court shall:
217          (i) (A) impose a jail sentence of not less than 20 days;
218          (B) impose a jail sentence of not less than 10 days in addition to home confinement of
219     not fewer than 60 consecutive days through the use of electronic monitoring that includes a
220     substance abuse testing instrument in accordance with Section 41-6a-506; or
221          (C) impose a jail sentence of not less than 10 days in addition to ordering the
222     individual to obtain substance abuse treatment, if the court finds that substance abuse treatment
223     is more likely to reduce recidivism and is in the interests of public safety;
224          (ii) order the individual to participate in a screening;
225          (iii) order the individual to participate in an assessment, if it is found appropriate by a
226     screening under Subsection (5)(a)(ii);
227          (iv) order the individual to participate in an educational series if the court does not
228     order substance abuse treatment as described under Subsection (5)(b);
229          (v) impose a fine of not less than $800;
230          (vi) order probation for the individual in accordance with Section 41-6a-507;
231          (vii) order the installation of an ignition interlock system as described in Section
232     41-6a-518;
233          (viii) (A) order the individual to pay the administrative impound fee described in
234     Section 41-6a-1406; or
235          (B) if the administrative impound fee was paid by a party described in Subsection
236     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
237     reimburse the party; or
238          (ix) (A) order the individual to pay the towing and storage fees described in Section
239     72-9-603; or
240          (B) if the towing and storage fees were paid by a party described in Subsection
241     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
242     reimburse the party; and
243          (b) the court may:
244          (i) order the individual to obtain substance abuse treatment if the substance abuse

245     treatment program determines that substance abuse treatment is appropriate;
246          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
247     41-6a-515.5 if the individual is 21 years old or older; or
248          (iii) order a combination of Subsections (5)(b)(i) and (ii).
249          (6) (a) If an individual described in Subsection (5) is participating in a 24/7 sobriety
250     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
251     under Subsection (5)(a) after the individual has served a minimum of:
252          (i) five days of the jail sentence for a second offense; or
253          (ii) 10 days of the jail sentence for a third or subsequent offense.
254          (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
255     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
256     sentence described in Subsection (6)(a).
257          (7) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
258     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
259     offense upon which the current conviction is based and that does not qualify under Subsection
260     (5):
261          (a) the court shall:
262          (i) (A) impose a jail sentence of not less than 10 days; or
263          (B) impose a jail sentence of not less than 5 days in addition to home confinement of
264     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
265     substance abuse testing instrument in accordance with Section 41-6a-506;
266          (ii) order the individual to participate in a screening;
267          (iii) order the individual to participate in an assessment, if it is found appropriate by a
268     screening under Subsection (7)(a)(ii);
269          (iv) order the individual to participate in an educational series if the court does not
270     order substance abuse treatment as described under Subsection (7)(b);
271          (v) impose a fine of not less than $800;
272          (vi) order probation for the individual in accordance with Section 41-6a-507;
273          (vii) (A) order the individual to pay the administrative impound fee described in
274     Section 41-6a-1406; or
275          (B) if the administrative impound fee was paid by a party described in Subsection

276     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
277     reimburse the party; or
278          (viii) (A) order the individual to pay the towing and storage fees described in Section
279     72-9-603; or
280          (B) if the towing and storage fees were paid by a party described in Subsection
281     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
282     reimburse the party; and
283          (b) the court may:
284          (i) order the individual to obtain substance abuse treatment if the substance abuse
285     treatment program determines that substance abuse treatment is appropriate;
286          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
287     41-6a-515.5 if the individual is 21 years old or older; or
288          (iii) order a combination of Subsections (7)(b)(i) and (ii).
289          (8) (a) If an individual described in Subsection (7) is participating in a 24/7 sobriety
290     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
291     under Subsection (7)(a) after the individual has served a minimum of:
292          (i) five days of the jail sentence for a second offense; or
293          (ii) 10 days of the jail sentence for a third or subsequent offense.
294          (b) If an individual described in Subsection (8)(a) fails to successfully complete all of
295     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
296     sentence described in Subsection (8)(a).
297          (9) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
298     sentence and places the defendant on probation where there is admissible evidence that the
299     individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
300     level of .05 in addition to any measurable controlled substance, or had a combination of two or
301     more controlled substances in the person's body that were not recommended in accordance with
302     Title 26, Chapter 61a, Utah Medical Cannabis Act or prescribed, the court shall impose:
303          (a) a fine of not less than $1,500;
304          (b) a jail sentence of not less than 120 days;
305          (c) home confinement of not fewer than 120 consecutive days through the use of
306     electronic monitoring that includes a substance abuse testing instrument in accordance with

307     Section 41-6a-506; and
308          (d) supervised probation.
309          (10) (a) For Subsection (9) or Subsection 41-6a-503(2)(b), the court:
310          (i) shall impose an order requiring the individual to obtain a screening and assessment
311     for alcohol and substance abuse, and treatment as appropriate; and
312          (ii) may impose an order requiring the individual to participate in a 24/7 sobriety
313     program as defined in Section 41-6a-515.5 if the individual is 21 years old or older.
314          (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
315     of the requirements of the 24/7 sobriety program, the court shall impose the suspended prison
316     sentence described in Subsection (9).
317          (11) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
318     sentence and places the defendant on probation with a sentence not described in Subsection (9),
319     the court shall impose:
320          (a) a fine of not less than $1,500;
321          (b) a jail sentence of not less than 60 days;
322          (c) home confinement of not fewer than 60 consecutive days through the use of
323     electronic monitoring that includes a substance abuse testing instrument in accordance with
324     Section 41-6a-506; and
325          (d) supervised probation.
326          (12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
327     requirements of this section.
328          (ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8)[,
329     (10)(b), or (11)].
330          (b) A court, with stipulation of both parties and approval from the judge, may convert a
331     jail sentence required in this section to electronic home confinement.
332          (c) A court may order a jail sentence imposed as a condition of misdemeanor probation
333     under this section to be served in multiple two-day increments at weekly intervals if the court
334     determines that separate jail increments are necessary to ensure the defendant can serve the
335     statutorily required jail term and maintain employment.
336          (13) If an individual is convicted of a violation of Section 41-6a-502 and there is
337     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, the

338     court shall order the following, or describe on record why the order or orders are not
339     appropriate:
340          (a) treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
341          (b) one or more of the following:
342          (i) the installation of an ignition interlock system as a condition of probation for the
343     individual in accordance with Section 41-6a-518;
344          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
345     device or remote alcohol monitor as a condition of probation for the individual; or
346          (iii) the imposition of home confinement through the use of electronic monitoring in
347     accordance with Section 41-6a-506.
348          Section 4. Section 41-6a-520 is amended to read:
349          41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
350     tests -- Refusal -- Warning, report.
351          (1) (a) A person operating a motor vehicle in this state is considered to have given the
352     person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
353     the purpose of determining whether the person was operating or in actual physical control of a
354     motor vehicle while:
355          (i) having a blood or breath alcohol content statutorily prohibited under Section
356     41-6a-502, 41-6a-530, or 53-3-231;
357          (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
358     under Section 41-6a-502; or
359          (iii) having any measurable controlled substance or metabolite of a controlled
360     substance in the person's body in violation of Section 41-6a-517.
361          (b) A test or tests authorized under this Subsection (1) must be administered at the
362     direction of a peace officer having grounds to believe that person to have been operating or in
363     actual physical control of a motor vehicle while in violation of any provision under Subsections
364     (1)(a)(i) through (iii).
365          (c) (i) The peace officer determines which of the tests are administered and how many
366     of them are administered.
367          (ii) If a peace officer requests more than one test, refusal by a person to take one or
368     more requested tests, even though the person does submit to any other requested test or tests, is

369     a refusal under this section.
370          (d) (i) A person who has been requested under this section to submit to a chemical test
371     or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
372     administered.
373          (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
374     not a defense to taking a test requested by a peace officer, and it is not a defense in any
375     criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
376     requested test or tests.
377          (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
378     submit to the test or tests may result in criminal prosecution, revocation of the person's license
379     to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or
380     detectable amount of alcohol in the person's body depending on the person's prior driving
381     history, and a three-year prohibition of driving without an ignition interlock device if the
382     person:
383          (i) has been placed under arrest;
384          (ii) has then been requested by a peace officer to submit to any one or more of the
385     chemical tests under Subsection (1); and
386          (iii) refuses to submit to any chemical test requested.
387          (b) (i) Following the warning under Subsection (2)(a), if the person does not
388     immediately request that the chemical test or tests as offered by a peace officer be
389     administered, a peace officer shall, on behalf of the Driver License Division and within 24
390     hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
391     privilege or license to operate a motor vehicle.
392          (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
393     peace officer shall supply to the operator, in a manner specified by the Driver License Division,
394     basic information regarding how to obtain a hearing before the Driver License Division.
395          (c) As a matter of procedure, the peace officer shall submit a signed report, within 10
396     calendar days after the day on which notice is provided under Subsection (2)(b), that:
397          (i) the peace officer had grounds to believe the arrested person was in violation of any
398     provision under Subsections (1)(a)(i) through (iii); and
399          (ii) the person had refused to submit to a chemical test or tests under Subsection (1).

400          (3) Upon the request of the person who was tested, the results of the test or tests shall
401     be made available to the person.
402          (4) (a) The person to be tested may, at the person's own expense, have a physician or a
403     physician assistant of the person's own choice administer a chemical test in addition to the test
404     or tests administered at the direction of a peace officer.
405          (b) The failure or inability to obtain the additional test does not affect admissibility of
406     the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
407     test or tests to be taken at the direction of a peace officer.
408          (c) The additional test shall be subsequent to the test or tests administered at the
409     direction of a peace officer.
410          (5) For the purpose of determining whether to submit to a chemical test or tests, the
411     person to be tested does not have the right to consult an attorney or have an attorney, physician,
412     or other person present as a condition for the taking of any test.
413          (6) Notwithstanding the provisions in this section, a blood test taken under this section
414     is subject to Section 77-23-213.
415          (7) A person is guilty of refusing a chemical test if a peace officer has issued the
416     warning required in Subsection (2)(a) and the person refuses to submit to a test of the person's
417     blood under Subsection (1) after a court has issued a warrant to draw and test the blood.
418          [(8) A person who violates Subsection (7) is guilty of:]
419          [(a) a third degree felony if:]
420          [(i) the person has two or more prior convictions as defined in Subsection
421     41-6a-501(2), each of which is within 10 years of:]
422          [(A) the current conviction; or]
423          [(B) the commission of the offense upon which the current conviction is based; or]
424          [(ii) the conviction is at any time after a conviction of:]
425          [(A) automobile homicide under Section 76-5-207;]
426          [(B) a felony violation of this section or Section 41-6a-502; or]
427          [(C) any conviction described in Subsection (8)(a)(ii) which judgment of conviction is
428     reduced under Section 76-3-402; or]
429          [(b) a class B misdemeanor if none of the circumstances in Subsection (8)(a) applies.]
430          (8) A person who violates Subsection (7) commits an offense classified as a

431     misdemeanor or felony in accordance with Subsections 41-6a-503(1) and (2).
432          (9) As part of any sentence for a conviction of violating this section, the court shall
433     impose the same sentencing as outlined for driving under the influence violations in Section
434     41-6a-505, based on whether this is a first, second, or subsequent conviction as defined by
435     Subsection 41-6a-501(2), with the following modifications:
436          (a) any jail sentence shall be 24 consecutive hours more than would be required under
437     Section 41-6a-505;
438          (b) any fine imposed shall be $100 more than would be required under Section
439     41-6a-505; and
440          (c) the court shall order one or more of the following:
441          (i) the installation of an ignition interlock system as a condition of probation for the
442     individual in accordance with Section 41-6a-518;
443          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
444     device as a condition of probation for the individual; or
445          (iii) the imposition of home confinement through the use of electronic monitoring in
446     accordance with Section 41-6a-506.
447          (10) (a) The offense of refusal to submit to a chemical test under this section does not
448     merge with any violation of Section 32B-4-409, 41-6a-502, 41-6a-517, or 41-6a-530.
449          (b) A guilty or no contest plea to an offense of refusal to submit to a chemical test
450     under this section may not be held in abeyance.
451          Section 5. Section 41-26-102.1 is amended to read:
452          41-26-102.1. Definitions.
453          (1) "ADS-dedicated vehicle" means a vehicle designed to be operated exclusively by a
454     level four or five ADS for all trips within the given operational design domain limitations of
455     the ADS, if any.
456          (2) (a) "Automated driving system" or "ADS" means the hardware and software that
457     are collectively capable of performing the entire dynamic driving task on a sustained basis,
458     regardless of whether the ADS is limited to a specific operational design domain, if any.
459          (b) "Automated driving system" or "ADS" is used specifically to describe a level three,
460     four, or five driving automation system.
461          (3) "Commission" means the State Tax Commission as defined in Section 59-1-101.

462          (4) "Conventional driver" means a human driver who is onboard the motor vehicle and
463     manually performs some or all of the following actions in order to operate a vehicle:
464          (a) braking;
465          (b) accelerating;
466          (c) steering; and
467          (d) transmission gear selection input devices.
468          (5) (a) "Dispatch" means to place an ADS-equipped vehicle into service in driverless
469     operation by engaging the ADS.
470          (b) "Dispatch" includes software-enabled dispatch of multiple ADS-equipped motor
471     vehicles in driverless operation that may complete multiple trips involving pick-up and
472     drop-off of passengers or goods throughout a day or other pre-defined periods of service, and
473     which may involve multiple agents performing various tasks related to the dispatch function.
474          (6) "Division" means the Motor Vehicle Division of the commission, created in
475     Section 41-1a-106.
476          (7) "Driverless operation" means the operation of an ADS-equipped vehicle in which:
477          (a) no on-board user is present; or
478          (b) no on-board user is a human driver with a valid driver license or fallback-ready
479     user.
480          (8) "Driverless operation dispatcher" means a user who dispatches an ADS-equipped
481     vehicle in driverless operation.
482          (9) "Driving automation system" means the hardware and software collectively capable
483     of performing part or all of the dynamic driving task on a sustained basis.
484          (10) "Driving automation system feature" means a specific function of a driving
485     automation system.
486          (11) (a) "Dynamic driving task" means all of the real-time operational and tactical
487     functions required to operate a motor vehicle in on-road traffic, including:
488          (i) lateral vehicle motion control through steering;
489          (ii) longitudinal motion control through acceleration and deceleration;
490          (iii) monitoring the driving environment through object and event detection,
491     recognition, classification, and response preparation;
492          (iv) object and event response execution;

493          (v) maneuver planning; and
494          (vi) enhancing conspicuity with lighting, signaling, and gesturing.
495          (b) "Dynamic driving task" does not include strategic functions such as trip scheduling
496     and selection of destinations and waypoints.
497          (12) "Engage" as it pertains to the operation of a vehicle by a driving automation
498     system means to cause a driving automation system feature to perform part or all of the
499     dynamic driving task on a sustained basis.
500          (13) "External event" is a situation in the driving environment that necessitates a
501     response by a human driver with a valid driver license or driving automation system.
502          (14) "Fallback-ready user" means the user of a vehicle equipped with an engaged level
503     three ADS who is:
504          (a) a human driver with a valid driver license; and
505          (b) ready to operate the vehicle if:
506          (i) a system failure occurs; or
507          (ii) the ADS issues a request to intervene.
508          (15) (a) "Human driver" means a natural person[:(i) with a valid license to operate a
509     motor vehicle of the proper class for the motor vehicle being operated; and (ii)] who performs
510     in real-time all or part of the dynamic driving task.
511          (b) "Human driver" includes a:
512          (i) conventional driver; and
513          (ii) remote driver.
514          (16) "Level five automated driving system" or "level five ADS" means an ADS feature
515     that has the capability to perform on a sustained basis the entire dynamic driving task under all
516     conditions that can reasonably be managed by a human driver, as well as any maneuvers
517     necessary to respond to a system failure, without any expectation that a human user will
518     respond to a request to intervene.
519          (17) "Level four automated driving system" or "level four ADS" means an ADS feature
520     that, without any expectation that a human user will respond to a request to intervene, has:
521          (a) the capability to perform on a sustained basis the entire dynamic driving task within
522     its operational design domain; and
523          (b) the capability to perform any maneuvers necessary to achieve a minimal risk

524     condition in response to:
525          (i) an exit from the operational design domain of the ADS; or
526          (ii) a system failure.
527          (18) "Level three automated driving system" or "level three ADS" means an ADS
528     feature that:
529          (a) has the capability to perform on a sustained basis the entire dynamic driving task
530     within its operational design domain; and
531          (b) requires a fallback-ready user to operate the vehicle after receiving a request to
532     intervene or in response to a system failure.
533          (19) "Minimal risk condition" means a condition to which a user or an ADS may bring
534     a motor vehicle in order to reduce the risk of a crash when a given trip cannot or should not be
535     completed.
536          (20) "Object and event detection and response" means the subtasks of the dynamic
537     driving task that include:
538          (a) monitoring the driving environment; and
539          (b) executing an appropriate response in order to perform the dynamic driving task.
540          (21) "On-demand autonomous vehicle network" means a transportation service
541     network that uses a software application or other digital means to dispatch or otherwise enable
542     the prearrangement of transportation with motor vehicles that have a level four or five ADS in
543     driverless operation for purposes of transporting persons, including for-hire transportation and
544     transportation for compensation.
545          (22) "Operate" means the same as that term is defined in Section 41-1a-102.
546          (23) "Operational design domain" means the operating conditions under which a given
547     ADS or feature thereof is specifically designed to function, including:
548          (a) speed range, environmental, geographical, and time-of-day restrictions; or
549          (b) the requisite presence or absence of certain traffic or roadway characteristics.
550          (24) "Operator" means the same as that term is defined in Section 41-6a-102.
551          (25) "Passenger" means a user on board a vehicle who has no role in the operation of
552     that vehicle.
553          (26) "Person" means the same as that term is defined in Section 41-6a-102.
554          (27) "Remote driver" means a human driver with a valid driver license who is not

555     located in a position to manually exercise in-vehicle braking, accelerating, steering, or
556     transmission gear selection input devices, but operates the vehicle.
557          (28) "Request to intervene" means the notification by an ADS to a fallback-ready user
558     indicating that the fallback-ready user should promptly begin or resume operation of the
559     vehicle.
560          (29) "Sustained operation of a motor vehicle" means the performance of part or all of
561     the dynamic driving task both between and across external events, including response to
562     external events and continued performance of part or all of the dynamic driving task in the
563     absence of external events.
564          (30) "System failure" means a malfunction in a driving automation system or other
565     vehicle system that prevents the ADS from reliably performing the portion of the dynamic
566     driving task on a sustained basis, including the complete dynamic driving task, that the ADS
567     would otherwise perform.
568          (31) "User" means a:
569          (a) human driver;
570          (b) passenger;
571          (c) fallback-ready user; or
572          (d) driverless operation dispatcher.
573          Section 6. Section 41-26-103 is amended to read:
574          41-26-103. Operation of motor vehicles equipped with an automated driving
575     system.
576          (1) A motor vehicle equipped with a level three ADS may operate on a highway in this
577     state if:
578          (a) the motor vehicle is operated, whether by the ADS or human driver with a valid
579     driver license, in compliance with the applicable traffic and motor vehicle safety laws and
580     regulations of this state, unless an exemption has been granted;
581          (b) when required by federal law, the motor vehicle:
582          (i) has been certified as being in compliance with all applicable motor vehicle safety
583     standards; and
584          (ii) bears the required certification label, including reference to any exemption granted
585     under federal law;

586          (c) when operated by an ADS, if a system failure occurs that renders the ADS unable to
587     perform the entire dynamic driving task relevant to the intended operational design domain of
588     the ADS, the ADS will achieve a minimal risk condition or make a request to intervene; and
589          (d) the motor vehicle is titled and registered in compliance with Section 41-26-107.
590          (2) A motor vehicle equipped with a level four or level five ADS may operate in
591     driverless operation on a highway in this state if:
592          (a) the ADS is capable of operating in compliance with applicable traffic and motor
593     vehicle laws and regulations of this state, unless an exemption has been granted;
594          (b) when required by federal law, the motor vehicle:
595          (i) has been certified as being in compliance with all applicable Federal Motor Vehicle
596     Safety Standards and regulations; and
597          (ii) bears the required certification label including reference to any exemption granted
598     under federal law;
599          (c) a system failure occurs that renders the ADS unable to perform the entire dynamic
600     driving task relevant to the intended operational design domain of the ADS, a minimal risk
601     condition will be achieved; and
602          (d) the motor vehicle is titled and registered in compliance with Section 41-26-107.
603          (3) A vehicle being operated by an ADS or a remote driver is not considered
604     unattended.
605          (4) The division may revoke the registration and privilege for a vehicle equipped with
606     an ADS to operate on a highway of the state if the Department of Transportation or the
607     Department of Public Safety determines and notifies the division that:
608          (a) the ADS is operating in an unsafe manner; or
609          (b) the vehicle's ADS is being engaged in an unsafe manner.
610          (5) Special mobile equipment, as defined in Section 41-1a-102, equipped with a level
611     three, four, or five ADS, may be moved or operated incidentally over a highway.
612          (6) Nothing in this chapter prohibits or restricts a human driver with a valid driver
613     license from operating a vehicle equipped with an ADS and equipped with controls that allow
614     for the human driver to perform all or part of the dynamic driving task.