2
3
4
5
6
7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 Legislative Vote: 12 voting for 0 voting against 5 absent
11 General Description:
12 This bill amends provisions related to an ignition interlock system and driving under
13 the influence.
14 Highlighted Provisions:
15 This bill:
16 ▸ prohibits the Driver License Division from suspending a driver license unless the
17 person fails to complete certain requirements as an ignition interlock restricted
18 driver;
19 ▸ for a person who elects to become an ignition interlock restricted driver, provides
20 for time served as an ignition interlock restricted driver to count toward the time of
21 a driver license suspension period in certain circumstances;
22 ▸ prohibits a court from ordering an ignition interlock system from a specific
23 provider;
24 ▸ imposes certain monitoring requirements for an ignition interlock system;
25 ▸ amends administrative rule requirements regarding ignition interlock system
26 providers;
27 ▸ provides procedures for a person to petition to remove an ignition interlock
28 restriction due to a medical condition;
29 ▸ amends the revocation period for a refusal to submit to a chemical test under certain
30 circumstances;
31 ▸ provides in some circumstances that a person may elect to become an ignition
32 interlock restricted driver after refusal of a chemical test;
33 ▸ removes the requirement for a person to complete a risk assessment in connection
34 with certain ignition interlock requirements;
35 ▸ amends provisions relating to ignition interlock system providers; and
36 ▸ makes technical and conforming changes.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 41-6a-509, as last amended by Laws of Utah 2022, Chapter 116
44 41-6a-518, as last amended by Laws of Utah 2022, Chapter 272
45 41-6a-518.2, as last amended by Laws of Utah 2022, Chapter 116
46 41-6a-521, as last amended by Laws of Utah 2019, Chapter 77
47 53-3-223, as last amended by Laws of Utah 2022, Chapter 116
48 53-3-1007, as last amended by Laws of Utah 2016, Chapter 149
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 41-6a-509 is amended to read:
52 41-6a-509. Driver license suspension or revocation for a driving under the
53 influence violation.
54 (1) (a) The Driver License Division shall, if the person is 21 years old or older at the
55 time of arrest:
56 [
57 for the first time under Section 41-6a-502 or 76-5-102.1; or
58 [
59 [
60 and
61 [
62 committed within a period of 10 years from the date of the prior violation.
63 (b) (i) If a person elects to become an interlock restricted driver under Subsection
64 53-3-223(10)(a), the Driver License Division may not suspend the operator's license for a
65 violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
66 complete 120 days of the interlock restriction.
67 (ii) If a person elects to become an interlock restricted driver under Subsection
68 53-3-223(10)(a), and the person fails to complete the full 120 days of interlock restriction, the
69 Driver License Division shall:
70 (A) suspend the operator's license as described in Subsection (1)(a)(i); and
71 (B) reduce the 120-day suspension by one day for each day the person was compliant
72 with the interlock restriction under Subsection 53-3-223(10)(a).
73 (2) The Driver License Division shall, if the person is 19 years old or older but under
74 21 years old at the time of arrest:
75 (a) suspend the person's driver license until the person is 21 years old or for a period of
76 one year, whichever is longer, if the person is convicted for the first time of a violation under
77 Section 41-6a-502, 76-5-102.1, or 76-5-207 of an offense that was committed on or after July
78 1, 2011;
79 (b) deny the person's application for a license or learner's permit until the person is 21
80 years old or for a period of one year, whichever is longer, if the person:
81 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
82 76-5-207 of an offense committed on or after July 1, 2011; and
83 (ii) has not been issued an operator license;
84 (c) revoke the person's driver license until the person is 21 years old or for a period of
85 two years, whichever is longer, if:
86 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
87 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
88 committed within a period of 10 years from the date of the prior violation; or
89 (d) deny the person's application for a license or learner's permit until the person is 21
90 years old or for a period of two years, whichever is longer, if:
91 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
92 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
93 committed within a period of 10 years from the date of the prior violation; and
94 (iii) the person has not been issued an operator license.
95 (3) The Driver License Division shall, if the person is under 19 years old at the time of
96 arrest:
97 (a) suspend the person's driver license until the person is 21 years old if the person is
98 convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or 76-5-207;
99 (b) deny the person's application for a license or learner's permit until the person is 21
100 years old if the person:
101 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
102 76-5-207; and
103 (ii) has not been issued an operator license;
104 (c) revoke the person's driver license until the person is 21 years old if:
105 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
106 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
107 committed within a period of 10 years from the date of the prior violation; or
108 (d) deny the person's application for a license or learner's permit until the person is 21
109 years old if:
110 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
111 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
112 committed within a period of 10 years from the date of the prior violation; and
113 (iii) the person has not been issued an operator license.
114 (4) The Driver License Division shall suspend or revoke the license of a person as
115 ordered by the court under Subsection (9).
116 (5) The Driver License Division shall subtract from any suspension or revocation
117 period the number of days for which a license was previously suspended under Section
118 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
119 which the record of conviction is based.
120 (6) (a) If a conviction recorded as impaired driving is amended to a driving under the
121 influence conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207 in accordance with
122 Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
123 [
124 license was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
125 [
126 of the amended conviction.
127 (b) Notwithstanding Subsections (6)(a)(i) and (6)(a)(ii), the Driver License Division
128 shall reduce the 120-day suspension period for a conviction under Section 41-6a-502 by one
129 day for each day the person was compliant with the interlock restriction under Subsection
130 53-3-223(10)(a).
131 (7) A court that reported a conviction of a violation of Section 41-6a-502, 76-5-102.1,
132 or 76-5-207 for a violation that occurred on or after July 1, 2009, to the Driver License
133 Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or
134 Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
135 (a) completes at least six months of the license suspension;
136 (b) completes a screening;
137 (c) completes an assessment, if it is found appropriate by a screening under Subsection
138 (7)(b);
139 (d) completes substance abuse treatment if it is found appropriate by the assessment
140 under Subsection (7)(c);
141 (e) completes an educational series if substance abuse treatment is not required by an
142 assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
143 (f) has not been convicted of a violation of any motor vehicle law in which the person
144 was involved as the operator of the vehicle during the suspension period imposed under
145 Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
146 (g) has complied with all the terms of the person's probation or all orders of the court if
147 not ordered to probation; and
148 (h) (i) is 18 years old or older and provides a sworn statement to the court that the
149 person has not unlawfully consumed alcohol during the suspension period imposed under
150 Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
151 (ii) is under 18 years old and has the person's parent or legal guardian provide an
152 affidavit or sworn statement to the court certifying that to the parent or legal guardian's
153 knowledge the person has not unlawfully consumed alcohol during the suspension period
154 imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
155 (8) If the court shortens a person's license suspension period in accordance with the
156 requirements of Subsection (7), the court shall forward the order shortening the person's
157 suspension period to the Driver License Division in a manner specified by the division prior to
158 the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection
159 (3)(a) or (b).
160 (9) (a) (i) In addition to any other penalties provided in this section, a court may order
161 the operator's license of a person who is convicted of a violation of Section 41-6a-502,
162 76-5-102.1, or 76-5-207 to be suspended or revoked for an additional period of 90 days, 120
163 days, 180 days, one year, or two years to remove from the highways those persons who have
164 shown they are safety hazards.
165 (ii) The additional suspension or revocation period provided in this Subsection (9) shall
166 begin the date on which the individual would be eligible to reinstate the individual's driving
167 privilege for a violation of Section 41-6a-502, 76-5-102.1, or 76-5-207.
168 (b) If the court suspends or revokes the person's license under this Subsection (9), the
169 court shall prepare and send to the Driver License Division an order to suspend or revoke that
170 person's driving privileges for a specified period of time.
171 (10) (a) The court shall notify the Driver License Division if a person fails to complete
172 all court ordered:
173 (i) screenings;
174 (ii) assessments;
175 (iii) educational series;
176 (iv) substance abuse treatment; and
177 (v) hours of work in a compensatory-service work program.
178 (b) Subject to Subsection 53-3-218(3), upon receiving the notification described in
179 Subsection (10)(a), the division shall suspend the person's driving privilege in accordance with
180 Subsection 53-3-221(2).
181 (11) (a) A court that reported a conviction of a violation of Section 41-6a-502,
182 76-5-102.1, or 76-5-207 to the Driver License Division may shorten the suspension period
183 imposed under Subsection (1) before completion of the suspension period if the person is
184 participating in or has successfully completed a 24-7 sobriety program as defined in Section
185 41-6a-515.5.
186 (b) If the court shortens a person's license suspension period in accordance with the
187 requirements of this Subsection (11), the court shall forward the order shortening the person's
188 suspension period to the Driver License Division in a manner specified by the division.
189 (c) The court shall notify the Driver License Division, in a manner specified by the
190 Driver License Division, if a person fails to complete all requirements of a 24-7 sobriety
191 program.
192 (d) (i) (A) Upon receiving the notification described in Subsection (11)(c), for a first
193 offense, the division shall suspend the person's driving privilege for a period of 120 days from
194 the date of notice.
195 (B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
196 subtracted from the 120-day suspension period for which a driving privilege was previously
197 suspended under this section or Section 53-3-223, if the previous suspension was based on the
198 same occurrence upon which the conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207
199 is based.
200 (ii) (A) Upon receiving the notification described in Subsection (11)(c), for a second or
201 subsequent offense, the division shall revoke the person's driving privilege for a period of two
202 years from the date of notice.
203 (B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be
204 subtracted from the two-year revocation period for which a driving privilege was previously
205 revoked under this section or Section 53-3-223, if the previous revocation was based on the
206 same occurrence upon which the conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207
207 is based.
208 Section 2. Section 41-6a-518 is amended to read:
209 41-6a-518. Ignition interlock devices -- Use and monitoring -- Probationer to pay
210 cost -- Indigency -- Fee.
211 (1) As used in this section:
212 (a) "Commissioner" means the commissioner of the Department of Public Safety.
213 (b) "Employer verification" means written verification from the employer that:
214 (i) the employer is aware that the employee is an interlock restricted driver;
215 (ii) the vehicle the employee is operating for employment purposes is not made
216 available to the employee for personal use;
217 (iii) the business entity that employs the employee is not entirely or partly owned or
218 controlled by the employee;
219 (iv) the employer's auto insurance company is aware that the employee is an interlock
220 restricted driver; and
221 (v) the employee has been added to the employer's auto insurance policy as an operator
222 of the vehicle.
223 (c) "Ignition interlock system" or "system" means a constant monitoring device or any
224 similar device certified by the commissioner that prevents a motor vehicle from being started
225 or continuously operated without first determining the driver's breath alcohol concentration.
226 (d) "Probation provider" means the supervisor and monitor of the ignition interlock
227 system required as a condition of probation who contracts with the court in accordance with
228 Subsections 41-6a-507(2) and (3).
229 (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
230 41-6a-505, and in addition to any requirements imposed as a condition of probation, unless the
231 court determines and states on the record that an ignition interlock system is not necessary for
232 the safety of the community and in the best interest of justice, the court shall require that any
233 person who is convicted of violating Section 41-6a-502 and who is granted probation may not
234 operate a motor vehicle during the period of probation unless that motor vehicle is equipped
235 with a functioning, certified ignition interlock system installed and calibrated so that the motor
236 vehicle will not start or continuously operate if the operator's blood alcohol concentration
237 exceeds .02 grams or greater.
238 (b) If a person convicted of violating Section 41-6a-502 was [
239 younger than 21 years old when the violation occurred, the court shall order the installation of
240 the ignition interlock system as a condition of probation.
241 (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
242 prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
243 the interlock ignition system, at the person's expense, for all motor vehicles registered to that
244 person and all motor vehicles operated by that person.
245 (ii) A person who operates a motor vehicle without an ignition interlock device as
246 required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
247 (d) The division shall post the ignition interlock restriction on the electronic record
248 available to law enforcement.
249 (e) This section does not apply to a person convicted of a violation of Section
250 41-6a-502 whose violation does not involve alcohol.
251 (3) (a) If the court imposes the use of an ignition interlock system as a condition of
252 probation, the court shall:
253 [
254 ignition interlock system;
255 [
256 owned or operated by the probationer, at the probationer's expense;
257 [
258 provider of the order; [
259 [
260 to the probation provider within 30 days of the order[
261 (v) order the probationer to have the ignition interlock system installed and regularly
262 monitored by an ignition interlock system provider licensed under Title 53, Chapter 3, Part 10,
263 Ignition Interlock System Program Act.
264 (b) A court may not order a probationer to use a specific ignition interlock system
265 provider.
266 (4) (a) The probationer shall provide timely proof of installation within 30 days of an
267 order imposing the use of a system or show cause why the order was not complied with to the
268 court or to the probationer's probation provider.
269 (b) The probation provider shall notify the court of failure to comply under Subsection
270 (4)(a).
271 (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
272 under Subsection (4)(b), the court shall order the Driver License Division to suspend the
273 probationer's driving privileges for the remaining period during which the compliance was
274 imposed.
275 (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
276 to excuse the probationer's failure to comply with the court's order.
277 (5) (a) Any probationer required to install an ignition interlock system shall, every 30
278 days or more frequently as the court may order, have the system monitored by the manufacturer
279 or dealer of the system or the manufacturer's or dealer's authorized agent:
280 (i) [
281
282 (ii) to collect information on all attempts to start the motor vehicle that were prevented
283 by the ignition interlock system, including the date and time of each attempt.
284 (b) (i) A report of the monitoring described in Subsection (5)(a) shall be issued by the
285 manufacturer or dealer or the manufacturer's or dealer's authorized agent to the court or the
286 person's probation provider.
287 (ii) The report shall be issued within 14 days following each monitoring.
288 (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
289 reasonable costs of leasing or buying and installing [
290 system.
291 (b) A probationer may not be excluded from this section for inability to pay the costs,
292 unless:
293 (i) the probationer files an affidavit of indigency in accordance with Section
294 78A-2-302; and
295 (ii) the court enters a finding that the probationer is indigent.
296 (c) In lieu of waiver of the entire amount of the cost, the court may direct the
297 probationer to make partial or installment payments of costs when appropriate.
298 (d) The ignition interlock provider shall cover the costs of waivers by the court under
299 this Subsection (6).
300 (7) (a) If a probationer is required in the course and scope of employment to operate a
301 motor vehicle owned by the probationer's employer, the probationer may operate that motor
302 vehicle without installation of an ignition interlock system only if:
303 (i) the motor vehicle is used in the course and scope of employment;
304 (ii) the employer has been notified that the employee is restricted; and
305 (iii) the employee has employer verification in the employee's possession while
306 operating the employer's motor vehicle.
307 (b) (i) To the extent that an employer-owned motor vehicle is made available to a
308 probationer subject to this section for personal use, no exemption under this section shall apply.
309 (ii) A probationer intending to operate an employer-owned motor vehicle for personal
310 use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
311 system shall notify the employer and obtain consent in writing from the employer to install a
312 system in the employer-owned motor vehicle.
313 (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
314 by a probationer subject to this section is not a motor vehicle owned by the employer and does
315 not qualify for an exemption under this Subsection (7).
316 (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
317 the commissioner shall make rules setting standards for the certification of ignition interlock
318 systems.
319 (b) The standards under Subsection (8)(a) shall require that the system:
320 (i) not impede the safe operation of the motor vehicle;
321 (ii) have features that make circumventing difficult and that do not interfere with the
322 normal use of the motor vehicle;
323 (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
324 (iv) prevent the motor vehicle from being started if the driver's breath alcohol
325 concentration exceeds .02 grams or greater;
326 (v) work accurately and reliably in an unsupervised environment;
327 (vi) resist tampering and give evidence if tampering is attempted;
328 (vii) operate reliably over the range of motor vehicle environments;
329 (viii) collect information on all attempts to start a motor vehicle that were prevented by
330 an ignition interlock system, including the date and time of each attempt; and
331 [
332 (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
333 independent laboratory tests relied upon in certification of ignition interlock systems by other
334 states.
335 (d) A list of certified systems shall be published by the commissioner and the cost of
336 certification shall be borne by the manufacturers or dealers of ignition interlock systems
337 seeking to sell, offer for sale, or lease the systems.
338 (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
339 annual dollar assessment against the manufacturers of ignition interlock systems distributed in
340 the state for the costs incurred in certifying.
341 (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
342 manufacturers on a fair and reasonable basis.
343 (f) The commissioner shall require a provider of an ignition interlock system certified
344 in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
345 Ignition Interlock System Program Act.
346 (9) A violation of this section is a class C misdemeanor.
347 (10) There shall be no liability on the part of, and no cause of action of any nature shall
348 arise against, the state or its employees in connection with the installation, use, operation,
349 maintenance, or supervision of an interlock ignition system as required under this section.
350 Section 3. Section 41-6a-518.2 is amended to read:
351 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
352 interlock system -- Exemptions.
353 (1) As used in this section:
354 (a) "Ignition interlock system" means a constant monitoring device or any similar
355 device that:
356 (i) is in working order at the time of operation or actual physical control; and
357 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
358 41-6a-518(8).
359 (b) (i) "Interlock restricted driver" means a person who:
360 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
361 probation or parole not to operate a motor vehicle without an ignition interlock system;
362 (B) within the last 18 months has been convicted of a violation under Section
363 41-6a-502, Subsection 41-6a-520(7), or Section 76-5-102.1;
364 (C) (I) within the last three years has been convicted of an offense which would be a
365 conviction as defined under Section 41-6a-501; and
366 (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
367 from the date that one or more prior offenses was committed if the prior offense resulted in a
368 conviction as defined in Subsection 41-6a-501(2);
369 (D) within the last three years has been convicted of a violation of this section;
370 (E) within the last three years has had the person's driving privilege revoked through an
371 administrative action for refusal to submit to a chemical test under Section 41-6a-520;
372 (F) within the last three years has been convicted of a violation of Section 41-6a-502,
373 Subsection 41-6a-520(7), or Section 76-5-102.1 and was under [
374 time the offense was committed;
375 (G) within the last six years has been convicted of a felony violation of Section
376 41-6a-502, Subsection 41-6a-520(7), or Section 76-5-102.1 for an offense that occurred after
377 May 1, 2006; or
378 (H) within the last 10 years has been convicted of a violation of Section 76-5-207 for
379 an offense that occurred after May 1, 2006.
380 (ii) "Interlock restricted driver" does not include a person:
381 (A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
382 Section 41-6a-502 that does not involve alcohol or a conviction under Section 41-6a-517 and
383 whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under
384 Section 41-6a-502 that did not involve alcohol or convictions under Section 41-6a-517;
385 (B) whose conviction described in Subsection (1)(b)(i)(B) or (F) is a conviction under
386 Section 41-6a-502 that does not involve alcohol and the convicting court notifies the Driver
387 License Division at the time of sentencing that the conviction does not involve alcohol; or
388 (C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) is a conviction
389 under Section 41-6a-502 that does not involve alcohol and the ignition interlock restriction is
390 removed as described in Subsection (7).
391 (2) The division shall post the ignition interlock restriction on a person's electronic
392 record that is available to law enforcement.
393 (3) For purposes of this section, a plea of guilty or no contest to a violation of Section
394 41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
395 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
396 reduced or dismissed in accordance with the plea in abeyance agreement.
397 (4) An interlock restricted driver who operates or is in actual physical control of a
398 vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
399 (5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
400 (a) the interlock restricted driver operated or was in actual physical control of a vehicle
401 owned by the interlock restricted driver's employer;
402 (b) the interlock restricted driver had given written notice to the employer of the
403 interlock restricted driver's interlock restricted status prior to the operation or actual physical
404 control under Subsection (5)(a);
405 (c) the interlock restricted driver had on the interlock restricted driver's person, or in
406 the vehicle, at the time of operation or physical control employer verification, as defined in
407 Subsection 41-6a-518(1); and
408 (d) the operation or actual physical control described in Subsection (5)(a) was in the
409 scope of the interlock restricted driver's employment.
410 (6) The affirmative defense described in Subsection (5) does not apply to:
411 (a) an employer-owned motor vehicle that is made available to an interlock restricted
412 driver for personal use; or
413 (b) a motor vehicle owned by a business entity that is entirely or partly owned or
414 controlled by the interlock restricted driver.
415 (7) (a) An individual with an ignition interlock restriction may petition the division for
416 removal of the restriction if the individual's offense did not involve alcohol.
417 (b) If the division is able to establish that an individual's offense did not involve
418 alcohol, the division may remove the ignition interlock restriction.
419 (8) (a) (i) An individual with an ignition interlock restriction may petition the division
420 for removal of the restriction if the individual has a medical condition that prohibits the
421 individual from properly using an ignition interlock system.
422 (ii) In support of a petition under Subsection (8)(a)(i), the individual shall provide
423 documentation from a physician that describes the individual's medical condition and whether
424 the individual's medical condition would prohibit the individual from being able to properly
425 use an ignition interlock system.
426 (b) If the division is able to establish that an individual is unable to properly use an
427 ignition interlock system for a medical condition, the division may remove the ignition
428 interlock restriction.
429 Section 4. Section 41-6a-521 is amended to read:
430 41-6a-521. Revocation hearing for refusal -- Appeal.
431 (1) (a) A person who has been notified of the Driver License Division's intention to
432 revoke the person's license under Section 41-6a-520 is entitled to a hearing.
433 (b) A request for the hearing shall be made in writing within 10 calendar days after the
434 day on which notice is provided.
435 (c) Upon request in a manner specified by the Driver License Division, the Driver
436 License Division shall grant to the person an opportunity to be heard within 29 days after the
437 date of arrest.
438 (d) If the person does not make a request for a hearing before the Driver License
439 Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
440 is revoked beginning on the 45th day after the date of arrest:
441 (i) for a person 21 years [
442 (A) except as provided in Subsection (1)(d)(i)(B), 18 months[
443
444 (B) 36 months[
445
446 10 years from the date of the arrest that resulted in a:
447 (I) license sanction [
448
449 (II) conviction [
450
451 constitute a violation of Section 41-6a-502;
452 (III) conviction for an offense under Section 76-5-102.1; or
453 (IV) conviction for an offense under Section 76-6-207; or
454 (ii) for a person under 21 years [
455 (A) except as provided in Subsection (1)(d)(ii)(B), until the person is 21 years [
456 old or for a period of two years, whichever is longer[
457
458 (B) until the person is 21 years [
459 longer, [
460 the person previously committed an offense that occurred within the preceding 10 years from
461 the date of the arrest that resulted in a:
462 (I) license sanction [
463
464 (II) conviction for an offense [
465
466 constitute a violation of Section 41-6a-502; [
467 (III) conviction for an offense under Section 76-5-102.1; or
468 (IV) conviction for an offense under Section 76-5-207.
469 [
470
471 (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
472 the hearing shall be conducted by the Driver License Division in:
473 (i) the county in which the offense occurred; or
474 (ii) a county which is adjacent to the county in which the offense occurred.
475 (b) The Driver License Division may hold a hearing in some other county if the Driver
476 License Division and the person both agree.
477 (3) The hearing shall be documented and shall cover the issues of:
478 (a) whether a peace officer had reasonable grounds to believe that a person was
479 operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, or
480 53-3-231; and
481 (b) whether the person refused to submit to the test or tests under Section 41-6a-520.
482 (4) (a) In connection with the hearing, the division or its authorized agent:
483 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
484 the production of relevant books and papers; and
485 (ii) shall issue subpoenas for the attendance of necessary peace officers.
486 (b) The Driver License Division shall pay witness fees and mileage from the
487 Transportation Fund in accordance with the rates established in Section 78B-1-119.
488 (5) (a) If after a hearing, the Driver License Division determines that the person was
489 requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
490 person fails to appear before the Driver License Division as required in the notice, the Driver
491 License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
492 beginning on the date the hearing is held:
493 (i) for a person 21 years [
494 (A) except as provided in Subsection (5)(a)(i)(B), 18 months [
495
496 (B) 36 months[
497
498 10 years from the date of the arrest that resulted in a:
499 (I) license sanction [
500
501 (II) conviction [
502
503 constitute a violation of Section 41-6a-502;
504 (III) conviction for an offense under Section 76-5-102.1; or
505 (IV) conviction for an offense under Section 76-5-207; or
506 (ii) for a person under 21 years of age on the date of arrest:
507 (A) except as provided in Subsection (5)(a)(ii)(B), until the person is 21 years [
508 old or for a period of two years, whichever is longer[
509
510 (B) until the person is 21 years of age or for a period of 36 months, whichever is
511 longer, if [
512 person previously committed an offense that occurred within the preceding 10 years from the
513 date of the arrest that resulted in a:
514 (I) license sanction [
515
516 (II) conviction [
517
518 constitute a violation of Section 41-6a-502; [
519 (III) conviction for an offense under Section 76-5-102.1; or
520 (IV) conviction for an offense under Section 76-5-207.
521 [
522
523 (b) The Driver License Division shall also assess against the person, in addition to any
524 fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid
525 before the person's driving privilege is reinstated, to cover administrative costs.
526 (c) The fee shall be cancelled if the person obtains an unappealed court decision
527 following a proceeding allowed under Subsection (2) that the revocation was improper.
528 (6) (a) Any person whose license has been revoked by the Driver License Division
529 under this section following an administrative hearing may seek judicial review.
530 (b) Judicial review of an informal adjudicative proceeding is a trial.
531 (c) Venue is in the district court in the county in which the offense occurred.
532 (7) If the Driver License Division revokes a person's license under Subsection
533 (1)(d)(i)(A) or (5)(a)(i)(A), the person may petition the division and elect to become an ignition
534 interlock restricted driver after the driver serves at least 90 days of the revocation if the person:
535 (a) has a valid driving privilege, with the exception of the revocation under Subsection
536 (1)(d)(i)(A) or (5)(a)(i)(A);
537 (b) installs an ignition interlock device in any vehicle owned or driven by the person in
538 accordance with Section 53-3-1007;
539 (c) pays the license reinstatement application fees described in Subsections
540 53-3-105(26) and (27);
541 (d) pays the appropriate original license fees under Section 53-3-105; and
542 (e) completes the license application process including successful completion of
543 required testing.
544 (8) (a) A person who elects to become an ignition interlock restricted driver under
545 Subsection (7) shall remain an ignition interlock restricted driver for a period of three years.
546 (b) If the person described under Subsection (8)(a) removes an ignition interlock
547 device from a vehicle owned or driven by the person prior to the expiration of the three-year
548 ignition interlock restriction period and does not install a new ignition interlock device from
549 the same or a different ignition interlock provider within 24 hours:
550 (i) the person's driver license shall be revoked under Subsection (1)(d)(i)(A) or
551 (5)(a)(i)(A) from the original effective date of the revocation;
552 (ii) the person is required to pay the license reinstatement application fee under
553 Subsection 53-3-105(26); and
554 (iii) the person may not elect to become an ignition interlock restricted driver under
555 this section.
556 Section 5. Section 53-3-223 is amended to read:
557 53-3-223. Chemical test for driving under the influence -- Temporary license --
558 Hearing and decision -- Suspension and fee -- Judicial review.
559 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
560 violating or has violated Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, the peace
561 officer may, in connection with arresting the person, request that the person submit to a
562 chemical test or tests to be administered in compliance with the standards under Section
563 41-6a-520.
564 (b) In this section, a reference to Section 41-6a-502 includes any similar local
565 ordinance adopted in compliance with Subsection 41-6a-510(1).
566 (2) The peace officer shall advise a person prior to the person's submission to a
567 chemical test that a test result indicating a violation of Section 41-6a-502, 41-6a-517,
568 76-5-102.1, or 76-5-207 shall, and the existence of a blood alcohol content sufficient to render
569 the person incapable of safely driving a motor vehicle may, result in suspension or revocation
570 of the person's license to drive a motor vehicle.
571 (3) If the person submits to a chemical test and the test results indicate a blood or
572 breath alcohol content in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207,
573 or if a peace officer makes a determination, based on reasonable grounds, that the person is
574 otherwise in violation of Section 41-6a-502, 76-5-102.1, or 76-5-207, a peace officer shall, on
575 behalf of the division and within 24 hours of arrest, give notice of the division's intention to
576 suspend the person's license to drive a motor vehicle.
577 (4) When a peace officer gives notice on behalf of the division, the peace officer shall
578 supply to the driver, in a manner specified by the division, basic information regarding how to
579 obtain a prompt hearing before the division.
580 (5) As a matter of procedure, a peace officer shall send to the division within 10
581 calendar days after the day on which notice is provided:
582 (a) a copy of the citation issued for the offense;
583 (b) a signed report in a manner specified by the division indicating the chemical test
584 results, if any; and
585 (c) any other basis for the peace officer's determination that the person has violated
586 Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207.
587 (6) (a) Upon request in a manner specified by the division, the division shall grant to
588 the person an opportunity to be heard within 29 days after the date of arrest. The request to be
589 heard shall be made within 10 calendar days of the day on which notice is provided under
590 Subsection (5).
591 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
592 division in:
593 (A) the county in which the arrest occurred; or
594 (B) a county that is adjacent to the county in which the arrest occurred.
595 (ii) The division may hold a hearing in some other county if the division and the person
596 both agree.
597 (c) The hearing shall be documented and shall cover the issues of:
598 (i) whether a peace officer had reasonable grounds to believe the person was driving a
599 motor vehicle in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207;
600 (ii) whether the person refused to submit to the test; and
601 (iii) the test results, if any.
602 (d) (i) In connection with a hearing the division or its authorized agent:
603 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
604 the production of relevant books and papers; or
605 (B) may issue subpoenas for the attendance of necessary peace officers.
606 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
607 accordance with the rates established in Section 78B-1-119.
608 (e) The division may designate one or more employees to conduct the hearing.
609 (f) Any decision made after a hearing before any designated employee is as valid as if
610 made by the division.
611 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
612 grounds to believe that the person was driving a motor vehicle in violation of Section
613 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the person failed to appear before the
614 division as required in the notice, or if a hearing is not requested under this section, the division
615 shall:
616 (i) if the person is 21 years old or older at the time of arrest, suspend the person's
617 license or permit to operate a motor vehicle for a period of:
618 (A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
619 (B) two years beginning on the 45th day after the date of arrest for a second or
620 subsequent suspension for an offense that occurred within the previous 10 years; or
621 (ii) if the person is under 21 years old at the time of arrest:
622 (A) suspend the person's license or permit to operate a motor vehicle:
623 (I) for a period of six months, beginning on the 45th day after the date of arrest for a
624 first suspension; or
625 (II) until the person is 21 years old or for a period of two years, whichever is longer,
626 beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
627 offense that occurred within the previous 10 years; or
628 (B) deny the person's application for a license or learner's permit:
629 (I) for a period of six months beginning on the 45th day after the date of the arrest for a
630 first suspension, if the person has not been issued an operator license; or
631 (II) until the person is 21 years old or for a period of two years, whichever is longer,
632 beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
633 offense that occurred within the previous 10 years.
634 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
635 reinstate a person's license prior to completion of the 120 day suspension period imposed under
636 Subsection (7)(a)(i)(A):
637 (A) immediately upon receiving written verification of the person's dismissal of a
638 charge for a violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written
639 verification is received prior to completion of the suspension period; or
640 (B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
641 receiving written verification of the person's reduction of a charge for a violation of Section
642 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written verification is received prior to
643 completion of the suspension period.
644 (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
645 reinstate a person's license prior to completion of the 120-day suspension period imposed under
646 Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
647 conviction of impaired driving under Section 41-6a-502.5 if:
648 (A) the written verification is received prior to completion of the suspension period;
649 and
650 (B) the reporting court notifies the Driver License Division that the defendant is
651 participating in or has successfully completed the program of a driving under the influence
652 court as defined in Section 41-6a-501.
653 (iii) If a person's license is reinstated under this Subsection (7)(b), the person is
654 required to pay the license reinstatement application fees under Subsections 53-3-105(26) and
655 (27).
656 (iv) The driver license reinstatements authorized under this Subsection (7)(b) only
657 apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
658 (8) (a) The division shall assess against a person, in addition to any fee imposed under
659 Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover
660 administrative costs, which shall be paid before the person's driving privilege is reinstated.
661 This fee shall be cancelled if the person obtains an unappealed division hearing or court
662 decision that the suspension was not proper.
663 (b) A person whose license has been suspended by the division under this section
664 following an administrative hearing may file a petition within 30 days after the suspension for a
665 hearing on the matter which, if held, is governed by Section 53-3-224.
666 (9) (a) Notwithstanding the provisions in Subsection (7)(a)(i) or (ii), the division shall
667 reinstate a person's license before completion of the suspension period imposed under
668 Subsection (7)(a)(i) or (ii) if the reporting court notifies the Driver License Division that the
669 defendant is participating in or has successfully completed a 24-7 sobriety program as defined
670 in Section 41-6a-515.5.
671 (b) If a person's license is reinstated under Subsection (9)(a), the person is required to
672 pay the license reinstatement application fees under Subsections 53-3-105(26) and (27).
673 (10) (a) If the division suspends a person's license for an alcohol related offense under
674 Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition
675 interlock restricted driver if the person:
676 (i) has a valid driving privilege, with the exception of the suspension under Subsection
677 (7)(a)(i)(A);
678 [
679 [
680
681 [
682 [
683 person in accordance with Section 53-3-1007; and
684 [
685 53-3-105(26) and (27).
686 (b) (i) The person shall remain an ignition interlock restricted driver for a period of 120
687 days from the original effective date of the suspension under Subsection (7)(a)(i)(A).
688 (ii) If the person removes an ignition interlock device from a vehicle owned or driven
689 by the person prior to the expiration of the 120 day ignition interlock restriction period and
690 does not install a new ignition interlock device from the same or a different provider within 24
691 hours:
692 [
693 for the remainder of the 120 day ignition interlock restriction period;
694 [
695 Subsection 53-3-105(26); and
696 [
697 under this section.
698 (c) If a person elects to become an ignition interlock restricted driver under Subsection
699 (10)(a), the provisions under Subsection (7)(b) do not apply.
700 Section 6. Section 53-3-1007 is amended to read:
701 53-3-1007. Ignition interlock system provider -- Notification to the division upon
702 installation or removal of an ignition interlock system -- Monitoring and reporting
703 requirements -- Penalties.
704 (1) An ignition interlock system provider who installs an ignition interlock system on
705 [
706 (a) provide proof of installation to the [
707 (b) electronically notify the division of installation of an ignition interlock system on
708 the [
709 (2) An ignition interlock system provider shall electronically notify the division if [
710
711 (a) removed an ignition interlock system from the [
712 (b) attempted to start the motor vehicle with a measurable breath alcohol concentration,
713 and the attempt to start the motor vehicle was prevented by the ignition interlock system,
714 including the date and time of each attempt; or
715 (c) failed to report to the ignition interlock provider for the purpose of monitoring the
716 device every 30 days, or more frequently if ordered by the court as described in Subsection
717 41-62-518(5)(a).
718 (3) If an individual is an interlock restricted driver and the individual removes an
719 ignition interlock system as described in Subsection (2)(a), the division shall:
720 (a) suspend the [
721 restriction period as defined in Section 41-6a-518.2; and
722 (b) notify the [
723 requirements for reinstatement of the driving privilege with respect to the ignition interlock
724 restriction suspension.
725 (4) The division shall clear a suspension described in Subsection (3) upon:
726 (a) receipt of payment of the fee or fees required under Section 53-3-105; and
727 (b) (i) receipt of electronic notification from an ignition interlock system provider
728 showing proof of the installation of an ignition interlock system on the [
729 vehicle or the vehicle the [
730 (ii) if the [
731 owned by another individual:
732 (A) electronic verification that the [
733 registered in the [
734 (B) receipt of employer verification, as defined in Subsection 41-6a-518(1); or
735 (iii) if the [
736 [
737 process of obtaining a license in the [
738 (5) If Subsection (4)(b)(ii) applies, the division shall every six months:
739 (a) electronically verify the [
740 [
741 (b) require the [
742 Subsection (4)(b)(ii).
743 (6) If the [
744 documentation described in Subsection (4)(b)(ii), the division shall suspend the [
745 individual's driving privilege until:
746 (a) the division receives payment of the fee or fees required under Section 53-3-105;
747 and
748 (b) (i) the division:
749 (A) receives electronic notification from an ignition interlock system provider showing
750 proof of the installation of an ignition interlock system on the [
751 the vehicle the [
752 (B) if the [
753 owned by another individual, receives electronic verification that the [
754 not have a vehicle registered in the [
755 employer verification, as defined in Subsection 41-6a-518(1); or
756 (ii) if the [
757 [
758 process of obtaining a license in the [
759 (7) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
760 Act, the division shall suspend the license of any [
761 of the [
762 notification from an ignition interlock system provider that [
763 removed an ignition interlock system from the [
764 owned by another individual and operated by the [
765 is an interlock restricted driver until:
766 (a) the division receives payment of the fee or fees specified in Section 53-3-105; and
767 (b) (i) (A) the division receives electronic notification from an ignition interlock
768 system provider showing new proof of the installation of an ignition interlock system on the
769 [
770 (B) if the [
771 owned by another individual, the division receives electronic verification that the [
772 individual does not have a vehicle registered in the [
773 and receives employer verification, as defined in Subsection 41-6a-518(1);
774 (ii) if the [
775 verification that the [
776 residence or is in the process of obtaining a license in the [
777 residence; or
778 (iii) the [
779 (8) (a) Upon receipt of a notice described in Subsection (2)(b) or (2)(c), the division
780 shall extend the individual's ignition interlock restriction period by 60 days.
781 (b) The division shall notify the individual of the modified ignition interlock restriction
782 period described in Subsection (8)(a).
783 [
784 Act, the division shall make rules establishing:
785 (a) procedures for certification and regulation of ignition interlock system providers;
786 (b) acceptable documentation for proof of the installation of an ignition interlock
787 device;
788 (c) procedures for an ignition interlock system provider to electronically notify the
789 division;
790 (d) procedures for an ignition interlock system provider to provide monitoring of an
791 ignition interlock system and reporting the results of monitoring;
792 (e) procedures for the removal of an ignition interlock restriction if the individual has a
793 medical condition that prohibits the individual from properly using an ignition interlock system
794 as described in Subsection 41-6a-518.2(8); and
795 [
796 program created under this section.