Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 139 First Substitute (2020GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• criminalizes a person's refusal to submit to a chemical test for alcohol or drugs related to suspicion of driving under the influence of alcohol or drugs in certain circumstances;
• provides penalties for a person's refusal to submit to a chemical test for alcohol or drugs related to suspicion of driving under the influence of alcohol or drugs;
• clarifies that driving under the influence is a strict liability offense;
• clarifies provisions related to driving in the wrong direction while driving under the influence;
• clarifies that the determination whether an individual is in actual physical control of a vehicle includes consideration of the totality of the circumstances, and creates a safe harbor provision related to that determination; and
• makes technical changes.

Every vote on this bill

Bill text

DUI LIABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends various provisions related to driving under the influence.
Highlighted Provisions:
This bill:
▸ criminalizes a person's refusal to submit to a chemical test for alcohol or drugs
related to suspicion of driving under the influence of alcohol or drugs in certain
circumstances;
▸ provides penalties for a person's refusal to submit to a chemical test for alcohol or
drugs related to suspicion of driving under the influence of alcohol or drugs;
▸ clarifies that driving under the influence is a strict liability offense;
▸ clarifies provisions related to driving in the wrong direction while driving under the
influence;
▸ clarifies that the determination whether an individual is in actual physical control of
a vehicle includes consideration of the totality of the circumstances, and creates a
safe harbor provision related to that determination; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-6a-501
, as last amended by Laws of Utah 2018, Chapter 52
41-6a-502
, as last amended by Laws of Utah 2017, Chapter 283
41-6a-503
, as last amended by Laws of Utah 2018, Chapter 138
41-6a-509
, as last amended by Laws of Utah 2017, Chapter 446
41-6a-518.2
, as last amended by Laws of Utah 2019, Chapter 271
41-6a-520
, as last amended by Laws of Utah 2019, Chapters 77 and 349
41-6a-529
, as last amended by Laws of Utah 2018, Chapter 52
53-3-220
, as last amended by Laws of Utah 2018, Chapters 121 and 133
53-3-223
, as last amended by Laws of Utah 2019, Chapter 77
53-3-231
, as last amended by Laws of Utah 2019, Chapter 77
77-40-105
 (Effective 05/01/20)
, as last amended by Laws of Utah 2019, Chapter 448
ENACTS:
41-6a-521.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-501
 is amended to read:
41-6a-501.
Definitions.
(1) As used in this part:
(a) "Actual physical control" is determined by a consideration of the totality of the
circumstances, but does not include a circumstance in which:
(i) the person is asleep inside the vehicle;
(ii) the person is not in the driver's seat of the vehicle;
(iii) the engine of the vehicle is not running;
(iv) the vehicle is lawfully parked; and
(v) under the facts presented, it is evident that the person did not drive the vehicle to
the location while under the influence of alcohol, a drug, or the combined influence of alcohol
and any drug.
[
(a)
] 
(b)
 "Assessment" means an in-depth clinical interview with a licensed mental
health therapist:
(i) used to determine if a person is in need of:
(A) substance abuse treatment that is obtained at a substance abuse program;
(B) an educational series; or
(C) a combination of Subsections [
(1)(a)(i)(A)
] 
(1)(b)(i)(A)
 and (B); and
(ii) that is approved by the Division of Substance Abuse and Mental Health in
accordance with Section 
62A-15-105
.
[
(b)
] 
(c)
 "Driving under the influence court" means a court that is approved as a driving
under the influence court by the Utah Judicial Council according to standards established by
the Judicial Council.
[
(c)
] 
(d)
 "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 
58-37-2
;
(ii) a drug as defined in Section 
58-17b-102
; or
(iii) any substance that, when knowingly, intentionally, or recklessly taken into the
human body, can impair the ability of a person to safely operate a motor vehicle.
[
(d)
] 
(e)
 "Educational series" means an educational series obtained at a substance abuse
program that is approved by the Division of Substance Abuse and Mental Health in accordance
with Section 
62A-15-105
.
[
(e)
] 
(f)
 "Negligence" means simple negligence, the failure to exercise that degree of
care that an ordinarily reasonable and prudent person exercises under like or similar
circumstances.
[
(f)
] 
(g)
 "Novice learner driver" means an individual who:
(i) has applied for a Utah driver license;
(ii) has not previously held a driver license in this state or another state; and
(iii) has not completed the requirements for issuance of a Utah driver license.
[
(g)
] 
(h)
 "Screening" means a preliminary appraisal of a person:
(i) used to determine if the person is in need of:
(A) an assessment; or
(B) an educational series; and
(ii) that is approved by the Division of Substance Abuse and Mental Health in
accordance with Section 
62A-15-105
.
[
(h)
] 
(i)
 "Serious bodily injury" means bodily injury that creates or causes:
(i) serious permanent disfigurement;
(ii) protracted loss or impairment of the function of any bodily member or organ; or
(iii) a substantial risk of death.
[
(i)
] 
(j)
 "Substance abuse treatment" means treatment obtained at a substance abuse
program that is approved by the Division of Substance Abuse and Mental Health in accordance
with Section 
62A-15-105
.
[
(j)
] 
(k)
 "Substance abuse treatment program" means a state licensed substance abuse
program.
[
(k)
] 
(l)
 (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
Section 
41-6a-102
; and
(ii) "Vehicle" or "motor vehicle" includes:
(A) an off-highway vehicle as defined under Section 
41-22-2
; and
(B) a motorboat as defined in Section 
73-18-2
.
(2) As used in Section 
41-6a-503
:
(a) "Conviction" means any conviction arising from a separate episode of driving for a
violation of:
(i) driving under the influence under Section 
41-6a-502
;
(ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
combination of both-related reckless driving under:
(I) Section 
41-6a-512
; and
(II) Section 
41-6a-528
; or
(B) for an offense committed on or after July 1, 2008, impaired driving under Section
41-6a-502.5
;
(iii) driving with any measurable controlled substance that is taken illegally in the body
under Section 
41-6a-517
;
(iv) local ordinances similar to Section 
41-6a-502
, alcohol, any drug, or a combination
of both-related reckless driving, or impaired driving under Section 
41-6a-502.5
 adopted in
compliance with Section 
41-6a-510
;
(v) automobile homicide under Section 
76-5-207
;
(vi) Subsection 
58-37-8
(2)(g);
(vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
conviction is reduced under Section 
76-3-402
; [
or
]
(viii) refusal of a chemical test under Subsection 
41-6a-520
(7); or
[
(viii)
] 
(ix)
 statutes or ordinances previously in effect in this state or in effect in any
other state, the United States, or any district, possession, or territory of the United States which
would constitute a violation of Section 
41-6a-502
 or alcohol, any drug, or a combination of
both-related reckless driving if committed in this state, including punishments administered
under 10 U.S.C. Sec. 815.
(b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
through [
(viii)
] 
(ix)
 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
purposes of:
(i) enhancement of penalties under:
(A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
(B) automobile homicide under Section 
76-5-207
; and
(ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
(c) An admission to a violation of Section 
41-6a-502
 in juvenile court is the equivalent
of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
(i) this part; and
(ii) automobile homicide under Section 
76-5-207
.
Section 2. Section 
41-6a-502
 is amended to read:
41-6a-502.
Driving under the influence of alcohol, drugs, or a combination of
both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
(1) A person may not operate or be in actual physical control of a vehicle within this
state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows
that the person has a blood or breath alcohol concentration of .05 grams or greater at the time
of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation or actual physical control.
(2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
alcohol per 210 liters of breath.
(3) A violation of this section includes a violation under a local ordinance similar to
this section adopted in compliance with Section 
41-6a-510
.
(4) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
Occupational and Professional Licensing, created in Section 
58-1-103
, a report containing the
name, case number, and, if known, the date of birth of each person convicted during the
preceding month of a violation of this section for whom there is evidence that the person was
driving under the influence, in whole or in part, of a prescribed controlled substance.
(5) An offense described in this section is a strict liability offense.
(6) A guilty or no contest plea to an offense described in this section may not be held in
abeyance.
Section 3. Section 
41-6a-503
 is amended to read:
41-6a-503.
Penalties for driving under the influence violations.
(1) A person who violates for the first or second time Section 
41-6a-502
 is guilty of a:
(a) class B misdemeanor; or
(b) class A misdemeanor if the person:
(i) has also inflicted bodily injury upon another as a proximate result of having
operated the vehicle in a negligent manner;
(ii) had a passenger under 16 years of age in the vehicle at the time of the offense;
(iii) was 21 years of age or older and had a passenger under 18 years of age in the
vehicle at the time of the offense; or
(iv) at the time of the violation of Section 
41-6a-502
, also violated Section 
41-6a-712
or
41-6a-714
.
(2) A person who violates Section 
41-6a-502
 is guilty of a third degree felony if:
(a) the person has also inflicted serious bodily injury upon another as a proximate
result of having operated the vehicle in a negligent manner;
(b) the person has two or more prior convictions as defined in Subsection
41-6a-501
(2), each of which is within 10 years of:
(i) the current conviction under Section 
41-6a-502
; or
(ii) the commission of the offense upon which the current conviction is based; or
(c) the conviction under Section 
41-6a-502
 is at any time after a conviction of:
(i) automobile homicide under Section 
76-5-207
 that is committed after July 1, 2001;
(ii) a felony violation of Section 
41-6a-502
 or a statute previously in effect in this state
that would constitute a violation of Section 
41-6a-502
 that is committed after July 1, 2001; or
(iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of
conviction is reduced under Section 
76-3-402
.
(3) A person is guilty of a separate offense for each victim suffering bodily injury or
serious bodily injury as a result of the person's violation of Section 
41-6a-502
 or death as a
result of the person's violation of Section 
76-5-207
 whether or not the injuries arise from the
same episode of driving.
Section 4. Section 
41-6a-509
 is amended to read:
41-6a-509.
Driver license suspension or revocation for a driving under the
influence violation.
(1) The Driver License Division shall, if the person is 21 years of age or older at the
time of arrest:
(a) suspend for a period of 120 days the operator's license of a person convicted for the
first time under Section 
41-6a-502
 [
of an offense committed on or after July 1, 2009
]; or
(b) revoke for a period of two years the license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current [
driving under the influence
] violation under Section 
41-6a-502
 is
committed[
: (A)
] within a period of 10 years from the date of the prior violation[
; and
]
.
[
(B) on or after July 1, 2009.
]
(2) The Driver License Division shall, if the person is 19 years of age or older but
under 21 years of age at the time of arrest:
(a) suspend the person's driver license until the person is 21 years of age or for a period
of one year, whichever is longer, if the person is convicted for the first time of a [
driving under
the influence
] violation under Section 
41-6a-502
 of an offense that was committed on or after
July 1, 2011;
(b) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of one year, whichever is longer, if the person:
(i) is convicted for the first time of a [
driving under the influence
] violation under
Section 
41-6a-502
 of an offense committed on or after July 1, 2011; and
(ii) has not been issued an operator license;
(c) revoke the person's driver license until the person is 21 years of age or for a period
of two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current [
driving under the influence
] violation under Section 
41-6a-502
 is
committed [
on or after July 1, 2009, and
] within a period of 10 years from the date of the prior
violation; or
(d) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii) the current [
driving under the influence
] violation under Section 
41-6a-502
 is
committed [
on or after July 1, 2009, and
] within a period of 10 years from the date of the prior
violation; and
(iii) the person has not been issued an operator license.
(3) The Driver License Division shall, if the person is under 19 years of age at the time
of arrest:
(a) suspend the person's driver license until the person is 21 years of age if the person
is convicted for the first time of a [
driving under the influence
] violation under Section
41-6a-502
 [
of an offense that was committed on or after July 1, 2009
];
(b) deny the person's application for a license or learner's permit until the person is 21
years of age if the person:
(i) is convicted for the first time of a [
driving under the influence
] violation under
Section 
41-6a-502
 [
of an offense committed on or after July 1, 2009
]; and
(ii) has not been issued an operator license;
(c) revoke the person's driver license until the person is 21 years of age if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current [
driving under the influence
] violation under Section 
41-6a-502
 is
committed [
on or after July 1, 2009, and
] within a period of 10 years from the date of the prior
violation; or
(d) deny the person's application for a license or learner's permit until the person is 21
years of age if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii) the current [
driving under the influence
] violation under Section 
41-6a-502
 is
committed [
on or after July 1, 2009, and
] within a period of 10 years from the date of the prior
violation; and
(iii) the person has not been issued an operator license.
(4) The Driver License Division shall suspend or revoke the license of a person as
ordered by the court under Subsection [
(10)
] 
(9)
.
[
(5) The Driver License Division shall:
]
[
(a) deny, suspend, or revoke the operator's license of a person convicted under Section
41-6a-502
 of an offense that was committed prior to July 1, 2009, for the denial, suspension, or
revocation periods in effect prior to July 1, 2009; or
]
[
(b) deny, suspend, or revoke the operator's license of a person for the denial,
suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
]
[
(i) the person was 20 years of age or older but under 21 years of age at the time of
arrest; and
]
[
(ii) the conviction under Section 
41-6a-502
 is for an offense that was committed on or
after July 1, 2009, and prior to July 1, 2011.
]
[
(6)
] 
(5)
 The Driver License Division shall subtract from any suspension or revocation
period the number of days for which a license was previously suspended under Section
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon
which the record of conviction is based.
[
(7)
] 
(6)
 If a conviction recorded as impaired driving is amended to a driving under the
influence conviction under Section 
41-6a-502
 in accordance with Subsection
41-6a-502.5
(3)(a)(ii), the Driver License Division:
(a) may not subtract from any suspension or revocation any time for which a license
was previously suspended or revoked under Section 
53-3-223
 or 
53-3-231
; and
(b) shall start the suspension or revocation time under Subsection (1) on the date of the
amended conviction.
[
(8)
] 
(7)
 A court that reported a conviction of a violation of Section 
41-6a-502
 for a
violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the
suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to
completion of the suspension period if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection
[
(8)
] 
(7)
(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection [
(8)
] 
(7)
(c);
(e) completes an educational series if substance abuse treatment is not required by an
assessment under Subsection [
(8)
] 
(7)
(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed under
Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
(g) has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h) (i) is 18 years of age or older and provides a sworn statement to the court that the
person has not unlawfully consumed alcohol during the suspension period imposed under
Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
(ii) is under 18 years of age and has the person's parent or legal guardian provide an
affidavit or sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not unlawfully consumed alcohol during the suspension period
imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
[
(9)
] 
(8)
 If the court shortens a person's license suspension period in accordance with
the requirements of Subsection [
(8)
] 
(7)
, the court shall forward the order shortening the
person's suspension period prior to the completion of the suspension period imposed under
Subsection (2)(a) or (b) or Subsection (3)(a) or (b) to the Driver License Division.
[
(10)
] 
(9)
 (a) (i) In addition to any other penalties provided in this section, a court may
order the operator's license of a person who is convicted of a violation of Section 
41-6a-502
 to
be suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or
two years to remove from the highways those persons who have shown they are safety hazards.
(ii) The additional suspension or revocation period provided in this Subsection [
(10)
]
(9)
 shall begin the date on which the individual would be eligible to reinstate the individual's
driving privilege for a violation of Section 
41-6a-502
.
(b) If the court suspends or revokes the person's license under this Subsection [
(10)
]
(9)
, the court shall prepare and send to the Driver License Division an order to suspend or
revoke that person's driving privileges for a specified period of time.
[
(11)
] 
(10)
 (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening;
(B) assessment;
(C) educational series;
(D) substance abuse treatment; and
(E) hours of work in a compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification described in Subsection [
(11)
] 
(10)
(a), the division
shall suspend the person's driving privilege in accordance with Subsections 
53-3-221
(2) and
(3).
[
(12)
] 
(11)
 (a) A court that reported a conviction of a violation of Section 
41-6a-502
 to
the Driver License Division may shorten the suspension period imposed under Subsection (1)
before completion of the suspension period if the person is participating in or has successfully
completed a 24-7 sobriety program as defined in Section 
41-6a-515.5
.
(b) If the court shortens a person's license suspension period in accordance with the
requirements of this Subsection [
(12)
] 
(11)
, the court shall forward to the Driver License
Division the order shortening the person's suspension period.
(c) The court shall notify the Driver License Division if a person fails to complete all
requirements of a 24-7 sobriety program.
(d) Upon receiving the notification described in Subsection [
(12)
] 
(11)
(c), the division
shall suspend the person's driving privilege in accordance with Subsections 
53-3-221
(2) and
(3).
Section 5. Section 
41-6a-518.2
 is amended to read:
41-6a-518.2.
Interlock restricted driver -- Penalties for operation without ignition
interlock system.
(1) As used in this section:
(a) "Ignition interlock system" means a constant monitoring device or any similar
device that:
(i) is in working order at the time of operation or actual physical control; and
(ii) is certified by the Commissioner of Public Safety in accordance with Subsection
41-6a-518
(8).
(b) (i) "Interlock restricted driver" means a person who:
(A) has been ordered by a court or the Board of Pardons and Parole as a condition of
probation or parole not to operate a motor vehicle without an ignition interlock system;
(B) within the last 18 months has been convicted of a [
driving under the influence
]
violation under Section 
41-6a-502
 [
that was committed on or after July 1, 2009
] 
or Subsection
41-6a-520
(7)
;
(C) (I) within the last three years has been convicted of an offense [
that occurred after
May 1, 2006
] which would be a conviction as defined under Section 
41-6a-501
; and
(II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
from the date that one or more prior offenses was committed if the prior offense resulted in a
conviction as defined in Subsection 
41-6a-501
(2);
(D) within the last three years has been convicted of a violation of this section;
(E) within the last three years has had the person's driving privilege revoked 
through an
administrative action
 for refusal to submit to a chemical test under Section 
41-6a-520[
, which
refusal occurred after May 1, 2006
];
(F) within the last three years has been convicted of a violation of Section 
41-6a-502
or
Subsection 41-6a-520(7) 
and was under the age of 21 at the time the offense was committed;
(G) within the last six years has been convicted of a felony violation of Section
41-6a-502
or Subsection 
41-6a-520
(7)
 for an offense that occurred after May 1, 2006; or
(H) within the last 10 years has been convicted of automobile homicide under Section
76-5-207
 for an offense that occurred after May 1, 2006.
(ii) "Interlock restricted driver" does not include a person:
(A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
Section 
41-6a-502
 that does not involve alcohol or a conviction under Section 
41-6a-517
 and
whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under
Section 
41-6a-502
 that did not involve alcohol or convictions under Section 
41-6a-517
;
(B) whose conviction described in Subsection (1)(b)(i)(B) or (F) 
is a conviction under
Section 
41-6a-502
 that
 does not involve alcohol and the convicting court notifies the Driver
License Division at the time of sentencing that the conviction does not involve alcohol; or
(C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) 
is a conviction
under Section 
41-6a-502
 that
 does not involve alcohol and the ignition interlock restriction is
removed as described in Subsection (7).
(2) The division shall post the ignition interlock restriction on a person's electronic
record that is available to law enforcement.
(3) For purposes of this section, a plea of guilty or no contest to a violation of Section
41-6a-502
 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
reduced or dismissed in accordance with the plea in abeyance agreement.
(4) An interlock restricted driver who operates or is in actual physical control of a
vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
(5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
(a) the interlock restricted driver operated or was in actual physical control of a vehicle
owned by the interlock restricted driver's employer;
(b) the interlock restricted driver had given written notice to the employer of the
interlock restricted driver's interlock restricted status prior to the operation or actual physical
control under Subsection (5)(a);
(c) the interlock restricted driver had on the interlock restricted driver's person, or in
the vehicle, at the time of operation or physical control employer verification, as defined in
Subsection 
41-6a-518
(1); and
(d) the operation or actual physical control described in Subsection (5)(a) was in the
scope of the interlock restricted driver's employment.
(6) The affirmative defense described in Subsection (5) does not apply to:
(a) an employer-owned motor vehicle that is made available to an interlock restricted
driver for personal use; or
(b) a motor vehicle owned by a business entity that is entirely or partly owned or
controlled by the interlock restricted driver.
(7) (a) An individual with an ignition interlock restriction may petition the division for
removal of the restriction if the individual's offense did not involve alcohol.
(b) If the division is able to establish that an individual's offense did not involve
alcohol, the division may remove the ignition interlock restriction.
Section 6. Section 
41-6a-520
 is amended to read:
41-6a-520.
Implied consent to chemical tests for alcohol or drug -- Number of
tests -- Refusal -- Warning, report.
(1) (a) A person operating a motor vehicle in this state is considered to have given the
person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
the purpose of determining whether the person was operating or in actual physical control of a
motor vehicle while:
(i) having a blood or breath alcohol content statutorily prohibited under Section
41-6a-502
, 
41-6a-530
, or 
53-3-231
;
(ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
under Section 
41-6a-502
; or
(iii) having any measurable controlled substance or metabolite of a controlled
substance in the person's body in violation of Section 
41-6a-517
.
(b) A test or tests authorized under this Subsection (1) must be administered at the
direction of a peace officer having grounds to believe that person to have been operating or in
actual physical control of a motor vehicle while in violation of any provision under Subsections
(1)(a)(i) through (iii).
(c) (i) The peace officer determines which of the tests are administered and how many
of them are administered.
(ii) If a peace officer requests more than one test, refusal by a person to take one or
more requested tests, even though the person does submit to any other requested test or tests, is
a refusal under this section.
(d) (i) A person who has been requested under this section to submit to a chemical test
or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is
not a defense to taking a test requested by a peace officer, and it is not a defense in any
criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
requested test or tests.
(2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
submit to the test or tests may result in 
criminal prosecution,
 revocation of the person's license
to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or
detectable amount of alcohol in the person's body depending on the person's prior driving
history, and a three-year prohibition of driving without an ignition interlock device if the
person:
(i) has been placed under arrest;
(ii) has then been requested by a peace officer to submit to any one or more of the
chemical tests under Subsection (1); and
(iii) refuses to submit to any chemical test requested.
(b) (i) Following the warning under Subsection (2)(a), if the person does not
immediately request that the chemical test or tests as offered by a peace officer be
administered, a peace officer shall, on behalf of the Driver License Division and within 24
hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
privilege or license to operate a motor vehicle.
(ii) When a peace officer gives the notice on behalf of the Driver License Division, the
peace officer shall supply to the operator, in a manner specified by the Driver License Division,
basic information regarding how to obtain a hearing before the Driver License Division.
(c) As a matter of procedure, the peace officer shall submit a signed report, within 10
calendar days after the day on which notice is provided under Subsection (2)(b), that:
(i) the peace officer had grounds to believe the arrested person was in violation of any
provision under Subsections (1)(a)(i) through (iii); and
(ii) the person had refused to submit to a chemical test or tests under Subsection (1).
(3) Upon the request of the person who was tested, the results of the test or tests shall
be made available to the person.
(4) (a) The person to be tested may, at the person's own expense, have a physician or a
physician assistant of the person's own choice administer a chemical test in addition to the test
or tests administered at the direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of
the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
test or tests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the
direction of a peace officer.
(5) For the purpose of determining whether to submit to a chemical test or tests, the
person to be tested does not have the right to consult an attorney or have an attorney, physician,
or other person present as a condition for the taking of any test.
(6) Notwithstanding the provisions in this section, a blood test taken under this section
is subject to Section 
77-23-213
.
(7) A person is guilty of refusing a chemical test if a peace officer has issued the
warning required in Subsection (2)(a) and the person refuses to submit to a test of the person's
blood under Subsection (1) after a court has issued a warrant to draw and test the blood.
(8) A person who violates Subsection (7) is guilty of:
(a) a third degree felony if:
(i) the person has two or more prior convictions as defined in Subsection 
41-6a-501
(2),
each of which is within 10 years of:
(A) the current conviction; or
(B) the commission of the offense upon which the current conviction is based; or
(ii) the conviction is at any time after a conviction of:
(A) automobile homicide under Section 
76-5-207
;
(B) a felony violation of this section or Section 
41-6a-502
; or
(C) any conviction described in Subsection (8)(a)(ii) which judgment of conviction is
reduced under Section 
76-3-402
; or
(b) a class B misdemeanor if none of the circumstances in Subsection (8)(a) applies.
(9) As part of any sentence for a conviction of violating this section, the court shall
impose the same sentencing as outlined for driving under the influence violations in Section
41-6a-505
, based on whether this is a first, second, or subsequent conviction as defined by
Subsection 
41-6a-501
(2), with the following modifications:
(a) any jail sentence shall be 24 consecutive hours more than would be required under
Section 
41-6a-505
;
(b) any fine imposed shall be $100 more than would be required under Section
41-6a-505
; and
(c) the court shall order one or more of the following:
(i) the installation of an ignition interlock system as a condition of probation for the
individual in accordance with Section 
41-6a-518
;
(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
device as a condition of probation for the individual; or
(iii) the imposition of home confinement through the use of electronic monitoring in
accordance with Section 
41-6a-506
.
(10) (a) The offense of refusal to submit to a chemical test under this section does not
merge with any violation of Section 
32B-4-409
, 
41-6a-502
, 
41-6a-517
, or 
41-6a-530
.
(b) A guilty or no contest plea to an offense of refusal to submit to a chemical test
under this section may not be held in abeyance.
Section 7. Section 
41-6a-521.1
 is enacted to read:
 41-6a-521.1.
Driver license denial or revocation for a criminal conviction for a
refusal to submit to a chemical test violation.
(1) The Driver License Division shall, if the person is 21 years of age or older at the
time of arrest:
(a) revoke for a period of 18 months the operator's license of a person convicted for the
first time under Subsection 
41-6a-520
(7); or
(b) revoke for a period of 36 months the license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current refusal to submit to a chemical test violation under Subsection
41-6a-520
(7) is committed within a period of 10 years from the date of the prior violation.
(2) The Driver License Division shall, if the person is under 21 years of age at the time
of arrest:
(a) revoke the person's driver license until the person is 21 years of age or for a period
of two years, whichever is longer; or
(b) revoke the person's driver license until the person is 21 years of age or for a period
of 36 months, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current refusal to submit to a chemical test violation under Subsection
41-6a-520
(7) is committed within a period of 10 years from the date of the prior violation; or
(c) if the person has not been issued an operator license:
(i) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of two years, whichever is longer; or
(ii) deny the person's application for a license or learner's permit until the person is 21
years of age or for a period of 36 months, whichever is longer, if:
(A) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(B) the current refusal to submit to a chemical test violation under Subsection
41-6a-520
(7) is committed within a period of 10 years from the date of the prior violation.
(3) The Driver License Division shall suspend or revoke the license of a person as
ordered by the court under Subsection (5).
(4) The Driver License Division shall subtract from any revocation period the number
of days for which a license was previously revoked under Section 
53-3-221
 if the previous
revocation was based on the same occurrence upon which the record of conviction under
Subsection 
41-6a-520
(7) is based.
(5) (a) (i) In addition to any other penalties provided in this section, a court may order
the driver license of a person who is convicted of a violation of Subsection 
41-6a-520
(7) to be
revoked for an additional period of 90 days, 120 days, 180 days, one year, or two years to
remove from the highways those persons who have shown they are safety hazards.
(ii) The additional revocation period provided in this Subsection (5) shall begin the
date on which the individual would be eligible to reinstate the individual's driving privilege for
a violation of Subsection 
41-6a-520
(7).
(b) If the court suspends or revokes the person's license under this Subsection (5), the
court shall prepare and send to the Driver License Division an order to suspend or revoke that
person's driving privileges for a specified period of time.
(6) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening;
(B) assessment;
(C) educational series;
(D) substance abuse treatment; and
(E) hours of work in a compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification described in Subsection (6)(a), the Driver License
Division shall suspend the person's driving privilege in accordance with Subsections
53-3-221
(2) and (3).
Section 8. Section 
41-6a-529
 is amended to read:
41-6a-529.
Definitions -- Alcohol restricted drivers.
(1) As used in this section and Section 
41-6a-530
, "alcohol restricted driver" means a
person who:
(a) within the last two years:
(i) has been convicted of:
(A) a misdemeanor violation of Section 
41-6a-502
;
(B) alcohol, any drug, or a combination of both-related reckless driving under Section
41-6a-512
;
(C) impaired driving under Section 
41-6a-502.5
;
(D) local ordinances similar to Section 
41-6a-502
, alcohol, any drug, or a combination
of both-related reckless driving, or impaired driving adopted in compliance with Section
41-6a-510
;
(E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of
conviction is reduced under Section 
76-3-402
; or
(F) statutes or ordinances previously in effect in this state or in effect in any other state,
the United States, or any district, possession, or territory of the United States which would
constitute a violation of Section 
41-6a-502
, alcohol, any drug, or a combination of both-related
reckless driving, or impaired driving if committed in this state, including punishments
administered under 10 U.S.C. Sec. 815; or
(ii) has had the person's driving privilege suspended under Section 
53-3-223
 for an
alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
(b) within the last three years has been convicted of a violation of this section or
Section 
41-6a-518.2
;
(c) within the last five years:
(i) has had the person's driving privilege revoked 
through an administrative action
 for
refusal to submit to a chemical test under Section 
41-6a-520
, which refusal occurred on or after
July 1, 2005; [
or
]
(ii) has been convicted of a misdemeanor conviction for refusal to submit to a chemical
test under Subsection 
41-6a-520
(7); or
[
(ii)
] 
(iii)
 has been convicted of a class A misdemeanor violation of Section 
41-6a-502
committed on or after July 1, 2008;
(d) within the last 10 years:
(i) has been convicted of an offense described in Subsection (1)(a)(i) which offense
was committed within 10 years of the commission of a prior offense described in Subsection
(1)(a)(i) for which the person was convicted; [
or
]
(ii) has been convicted of a felony violation of refusal to submit to a chemical test
under Subsection 
41-6a-520
(7); or
[
(ii)
] 
(iii)
 has had the person's driving privilege revoked for refusal to submit to a
chemical test and the refusal is within 10 years after:
(A) a prior refusal to submit to a chemical test under Section 
41-6a-520
; or
(B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
based on the same arrest as the refusal;
(e) at any time has been convicted of:
(i) automobile homicide under Section 
76-5-207
 for an offense that occurred on or
after July 1, 2005; or
(ii) a felony violation of Section 
41-6a-502
 for an offense that occurred on or after July
1, 2005;
(f) at the time of operation of a vehicle is under 21 years of age; or
(g) is a novice learner driver.
(2) For purposes of this section and Section 
41-6a-530
, a plea of guilty or no contest to
a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77,
Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
agreement.
Section 9. Section 
53-3-220
 is amended to read:
53-3-220.
Offenses requiring mandatory revocation, denial, suspension, or
disqualification of license -- Offense requiring an extension of period -- Hearing --
Limited driving privileges.
(1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter
6a, Traffic Code, or Section 
76-5-303
, specifically provides for denial, suspension, or
disqualification, the division shall deny, suspend, or disqualify the license of a person upon
receiving a record of the person's conviction for:
(i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
automobile homicide under Section 
76-5-207
 or 
76-5-207.5
;
(ii) driving or being in actual physical control of a motor vehicle while under the
influence of alcohol, any drug, or combination of them to a degree that renders the person
incapable of safely driving a motor vehicle as prohibited in Section 
41-6a-502
 or as prohibited
in an ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood
or breath alcohol content as prohibited in Section 
41-6a-502
 or as prohibited in an ordinance
that complies with the requirements of Subsection 
41-6a-510
(1);
(iv) perjury or the making of a false affidavit to the division under this chapter, Title
41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
regulating driving on highways;
(v) any felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
(vii) failure to stop and render aid as required under the laws of this state if a motor
vehicle accident results in the death or personal injury of another;
(viii) two charges of reckless driving, impaired driving, or any combination of reckless
driving and impaired driving committed within a period of 12 months; but if upon a first
conviction of reckless driving or impaired driving the judge or justice recommends suspension
of the convicted person's license, the division may after a hearing suspend the license for a
period of three months;
(ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
officer as required in Section 
41-6a-210
;
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
requires disqualification;
(xi) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging or
allowing the discharge of a firearm from a vehicle;
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b);
(xiii) operating or being in actual physical control of a motor vehicle while having any
measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section 
41-6a-517
;
(xiv) operating or being in actual physical control of a motor vehicle while having any
measurable or detectable amount of alcohol in the person's body in violation of Section
41-6a-530
;
(xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
violation of Section 
41-6a-606
;
(xvi) operating or being in actual physical control of a motor vehicle in this state
without an ignition interlock system in violation of Section 
41-6a-518.2
; [
or
]
(xvii) custodial interference, under:
(A) Subsection 
76-5-303
(3), which suspension shall be for a period of 30 days, unless
the court provides the division with an order of suspension for a shorter period of time;
(B) Subsection 
76-5-303
(4), which suspension shall be for a period of 90 days, unless
the court provides the division with an order of suspension for a shorter period of time; or
(C) Subsection 
76-5-303
(5), which suspension shall be for a period of 180 days, unless
the court provides the division with an order of suspension for a shorter period of time[
.
]
; or
(xviii) refusal of a chemical test under Subsection 
41-6a-520
(7).
(b) The division shall immediately revoke the license of a person upon receiving a
record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for:
(i) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging or
allowing the discharge of a firearm from a vehicle; or
(ii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b).
(c) Except when action is taken under Section 
53-3-219
 for the same offense, upon
receiving a record of conviction, the division shall immediately suspend for six months the
license of the convicted person if the person was convicted of one of the following offenses
while the person was an operator of a motor vehicle:
(i) any violation of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(ii) any criminal offense that prohibits:
(A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
that is prohibited under the acts described in Subsection (1)(c)(i); or
(B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
(d) (i) The division shall immediately suspend a person's driver license for conviction
of the offense of theft of motor vehicle fuel under Section 
76-6-404.7
 if the division receives:
(A) an order from the sentencing court requiring that the person's driver license be
suspended; and
(B) a record of the conviction.
(ii) An order of suspension under this section is at the discretion of the sentencing
court, and may not be for more than 90 days for each offense.
(e) (i) The division shall immediately suspend for one year the license of a person upon
receiving a record of:
(A) conviction for the first time for a violation under Section 
32B-4-411
; or
(B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act, for a violation
under Section 
32B-4-411
.
(ii) The division shall immediately suspend for a period of two years the license of a
person upon receiving a record of:
(A) (I) conviction for a second or subsequent violation under Section 
32B-4-411
; and
(II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior
conviction for a violation under Section 
32B-4-411
; or
(B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court
Act of 1996, for a violation under Section 
32B-4-411
; and
(II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior
adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under
Section 
32B-4-411
.
(iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
(A) for a conviction or adjudication described in Subsection (1)(e)(i):
(I) impose a suspension for one year beginning on the date of conviction; or
(II) if the person is under the age of eligibility for a driver license, impose a suspension
that begins on the date of conviction and continues for one year beginning on the date of
eligibility for a driver license; or
(B) for a conviction or adjudication described in Subsection (1)(e)(ii):
(I) impose a suspension for a period of two years; or
(II) if the person is under the age of eligibility for a driver license, impose a suspension
that begins on the date of conviction and continues for two years beginning on the date of
eligibility for a driver license.
(iv) Upon receipt of the first order suspending a person's driving privileges under
Section 
32B-4-411
, the division shall reduce the suspension period under Subsection (1)(e)(i) if
ordered by the court in accordance with Subsection 
32B-4-411
(3)(a).
(v) Upon receipt of the second or subsequent order suspending a person's driving
privileges under Section 
32B-4-411
, the division shall reduce the suspension period under
Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 
32B-4-411
(3)(b).
(2) The division shall extend the period of the first denial, suspension, revocation, or
disqualification for an additional like period, to a maximum of one year for each subsequent
occurrence, upon receiving:
(a) a record of the conviction of any person on a charge of driving a motor vehicle
while the person's license is denied, suspended, revoked, or disqualified;
(b) a record of a conviction of the person for any violation of the motor vehicle law in
which the person was involved as a driver;
(c) a report of an arrest of the person for any violation of the motor vehicle law in
which the person was involved as a driver; or
(d) a report of an accident in which the person was involved as a driver.
(3) When the division receives a report under Subsection (2)(c) or (d) that a person is
driving while the person's license is denied, suspended, disqualified, or revoked, the person is
entitled to a hearing regarding the extension of the time of denial, suspension, disqualification,
or revocation originally imposed under Section 
53-3-221
.
(4) (a) The division may extend to a person the limited privilege of driving a motor
vehicle to and from the person's place of employment or within other specified limits on
recommendation of the judge in any case where a person is convicted of any of the offenses
referred to in Subsections (1) and (2) except:
(i) automobile homicide under Subsection (1)(a)(i);
(ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and
(1)(c); and
(iii) those offenses referred to in Subsection (2) when the original denial, suspension,
revocation, or disqualification was imposed because of a violation of Section 
41-6a-502
,
41-6a-517
, a local ordinance which complies with the requirements of Subsection
41-6a-510
(1), Section 
41-6a-520
, or Section 
76-5-207
, or a criminal prohibition that the person
was charged with violating as a result of a plea bargain after having been originally charged
with violating one or more of these sections or ordinances, unless:
(A) the person has had the period of the first denial, suspension, revocation, or
disqualification extended for a period of at least three years;
(B) the division receives written verification from the person's primary care physician
that:
(I) to the physician's knowledge the person has not used any narcotic drug or other
controlled substance except as prescribed by a licensed medical practitioner within the last
three years; and
(II) the physician is not aware of any physical, emotional, or mental impairment that
would affect the person's ability to operate a motor vehicle safely; and
(C) for a period of one year prior to the date of the request for a limited driving
privilege:
(I) the person has not been convicted of a violation of any motor vehicle law in which
the person was involved as the operator of the vehicle;
(II) the division has not received a report of an arrest for a violation of any motor
vehicle law in which the person was involved as the operator of the vehicle; and
(III) the division has not received a report of an accident in which the person was
involved as an operator of a vehicle.
(b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
authorized in this Subsection (4):
(A) is limited to when undue hardship would result from a failure to grant the
privilege; and
(B) may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
or disqualification.
(ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
(A) is limited to when the limited privilege is necessary for the person to commute to
school or work; and
(B) may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial, suspension, revocation,
or disqualification.
(c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or
denied under this chapter.
Section 10. Section 
53-3-223
 is amended to read:
53-3-223.
Chemical test for driving under the influence -- Temporary license --
Hearing and decision -- Suspension and fee -- Judicial review.
(1) (a) If a peace officer has reasonable grounds to believe that a person may be
violating or has violated Section 
41-6a-502
, prohibiting the operation of a vehicle with a
certain blood or breath alcohol concentration and driving under the influence of any drug,
alcohol, or combination of a drug and alcohol or while having any measurable controlled
substance or metabolite of a controlled substance in the person's body in violation of Section
41-6a-517
, the peace officer may, in connection with arresting the person, request that the
person submit to a chemical test or tests to be administered in compliance with the standards
under Section 
41-6a-520
.
(b) In this section, a reference to Section 
41-6a-502
 includes any similar local
ordinance adopted in compliance with Subsection 
41-6a-510
(1).
(2) The peace officer shall advise a person prior to the person's submission to a
chemical test that a test result indicating a violation of Section 
41-6a-502
 or 
41-6a-517
 shall,
and the existence of a blood alcohol content sufficient to render the person incapable of safely
driving a motor vehicle may, result in suspension or revocation of the person's license to drive
a motor vehicle.
(3) If the person submits to a chemical test and the test results indicate a blood or
breath alcohol content in violation of Section 
41-6a-502
 or 
41-6a-517
, or if a peace officer
makes a determination, based on reasonable grounds, that the person is otherwise in violation
of Section 
41-6a-502
, a peace officer shall, on behalf of the division and within 24 hours of
arrest, give notice of the division's intention to suspend the person's license to drive a motor
vehicle.
(4) When a peace officer gives notice on behalf of the division, the peace officer shall
supply to the driver, in a manner specified by the division, basic information regarding how to
obtain a prompt hearing before the division.
(5) As a matter of procedure, a peace officer shall send to the division within 10
calendar days after the day on which notice is provided:
(a) a copy of the citation issued for the offense;
(b) a signed report in a manner specified by the division indicating the chemical test
results, if any; and
(c) any other basis for the peace officer's determination that the person has violated
Section 
41-6a-502
 or 
41-6a-517
.
(6) (a) Upon request in a manner specified by the division, the division shall grant to
the person an opportunity to be heard within 29 days after the date of arrest. The request to be
heard shall be made within 10 calendar days of the day on which notice is provided under
Subsection (5).
(b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
division in:
(A) the county in which the arrest occurred; or
(B) a county that is adjacent to the county in which the arrest occurred.
(ii) The division may hold a hearing in some other county if the division and the person
both agree.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was driving a
motor vehicle in violation of Section 
41-6a-502
 or 
41-6a-517
;
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and
the production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund in
accordance with the rates established in Section 
78B-1-119
.
(e) The division may designate one or more employees to conduct the hearing.
(f) Any decision made after a hearing before any designated employee is as valid as if
made by the division.
(7) (a) If, after a hearing, the division determines that a peace officer had reasonable
grounds to believe that the person was driving a motor vehicle in violation of Section
41-6a-502
 or 
41-6a-517
, if the person failed to appear before the division as required in the
notice, or if a hearing is not requested under this section, the division shall:
(i) if the person is 21 years of age or older at the time of arrest [
and the arrest was made
on or after July 1, 2009
], suspend the person's license or permit to operate a motor vehicle for a
period of:
(A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
(B) two years beginning on the 45th day after the date of arrest for a second or
subsequent suspension for an offense that occurred within the previous 10 years; or
(ii) if the person is under 21 years of age at the time of arrest [
and the arrest was made
on or after May 14, 2013
]:
(A) suspend the person's license or permit to operate a motor vehicle:
(I) for a period of six months, beginning on the 45th day after the date of arrest for a
first suspension; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,
beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
offense that occurred within the previous 10 years; or
(B) deny the person's application for a license or learner's permit:
(I) for a period of six months 
beginning on the 45th day after the date of the arrest
 for a
first suspension, if the person has not been issued an operator license; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,
beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
offense that occurred within the previous 10 years.
[
(b) The division shall deny or suspend a person's license for the denial and suspension
periods in effect:
]
[
(i) prior to July 1, 2009, for an offense that was committed prior to July 1, 2009;
]
[
(ii) from July 1, 2009, through June 30, 2011, if:
]
[
(A) the person was 20 years 6 months of age or older but under 21 years of age at the
time of arrest; and
]
[
(B) the conviction under Subsection (2) is for an offense that was committed on or
after July 1, 2009, and prior to July 1, 2011; or
]
[
(iii) prior to May 14, 2013, for an offense that was committed prior to May 14, 2013.
]
[
(c)
] 
(b)
 (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division
shall reinstate a person's license prior to completion of the 120 day suspension period imposed
under Subsection (7)(a)(i)(A):
(A) immediately upon receiving written verification of the person's dismissal of a
charge for a violation of Section 
41-6a-502
 or 
41-6a-517
, if the written verification is received
prior to completion of the suspension period; or
(B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
receiving written verification of the person's reduction of a charge for a violation of Section
41-6a-502
 or 
41-6a-517
, if the written verification is received prior to completion of the
suspension period.
(ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A) [
or (7)(b)
], the division
shall reinstate a person's license prior to completion of the 120-day suspension period imposed
under Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
conviction of impaired driving under Section 
41-6a-502.5
 if:
(A) the written verification is received prior to completion of the suspension period;
and
(B) the reporting court notifies the Driver License Division that the defendant is
participating in or has successfully completed the program of a driving under the influence
court as defined in Section 
41-6a-501
.
(iii) If a person's license is reinstated under this Subsection (7)[
(c)
]
(b)
, the person is
required to pay the license reinstatement fees under Subsections 
53-3-105
(24) and (25).
(iv) The driver license reinstatements authorized under this Subsection (7)[
(c)
]
(b)
 only
apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
[
(8) (a) Notwithstanding the provisions in Subsection (7)(b)(iii), the division shall
shorten a person's two-year license suspension period that is currently in effect to a six-month
suspension period if:
]
[
(i) the driver was under the age of 19 at the time of arrest;
]
[
(ii) the offense was a first offense that was committed prior to May 14, 2013; and
]
[
(iii) the suspension under Subsection (7)(b)(iii) was based on the same occurrence
upon which the following written verifications are based:
]
[
(A) a court order shortening the driver license suspension for a violation of Section
41-6a-502
 pursuant to Subsection 
41-6a-509
(8);
]
[
(B) a court order shortening the driver license suspension for a violation of Section
41-6a-517
 pursuant to Subsection 
41-6a-517
(11);
]
[
(C) a court order shortening the driver license suspension for a violation of Section
32B-4-409
;
]
[
(D) a dismissal for a violation of Section 
41-6a-502
, Section 
41-6a-517
, or Section
32B-4-409
;
]
[
(E) a notice of declination to prosecute for a charge under Section 
41-6a-502
, Section
41-6a-517
, or Section 
32B-4-409
;
]
[
(F) a reduction of a charge under Section 
41-6a-502
, Section 
41-6a-517
, or Section
32B-4-409
; or
]
[
(G) other written documentation acceptable to the division.
]
[
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division may make rules establishing requirements for acceptable written documentation to
shorten a person's driver license suspension period under Subsection (8)(a)(iii)(G).
]
[
(c) If a person's license sanction is shortened under this Subsection (8), the person is
required to pay the license reinstatement fees under Subsections 
53-3-105
(24) and (25).
]
[
(9)
] 
(8)
 (a) The division shall assess against a person, in addition to any fee imposed
under Subsection 
53-3-205
(12) for driving under the influence, a fee under Section 
53-3-105
 to
cover administrative costs, which shall be paid before the person's driving privilege is
reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or
court decision that the suspension was not proper.
(b) A person whose license has been suspended by the division under this section
following an administrative hearing may file a petition within 30 days after the suspension for a
hearing on the matter which, if held, is governed by Section 
53-3-224
.
[
(10)
] 
(9)
 (a) Notwithstanding the provisions in Subsection (7)(a)(i) or (ii), the division
shall reinstate a person's license before completion of the suspension period imposed under
Subsection (7)(a)(i) or (ii) if the reporting court notifies the Driver License Division that the
defendant is participating in or has successfully completed a 24-7 sobriety program as defined
in Section 
41-6a-515.5
.
(b) If a person's license is reinstated under Subsection [
(10)
] 
(9)
(a), the person is
required to pay the license reinstatement fees under Subsections 
53-3-105
(24) and (25).
Section 11. Section 
53-3-231
 is amended to read:
53-3-231.
Person under 21 may not operate a vehicle or motorboat with
detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing
and decision -- Suspension of license or operating privilege -- Fees -- Judicial review --
Referral to local substance abuse authority or program.
(1) (a) As used in this section:
(i) "Local substance abuse authority" has the same meaning as provided in Section
62A-15-102
.
(ii) "Substance abuse program" means any substance abuse program licensed by the
Department of Human Services or the Department of Health and approved by the local
substance abuse authority.
(b) Calculations of blood, breath, or urine alcohol concentration under this section shall
be made in accordance with the procedures in Subsection 
41-6a-502
(1).
(2) (a) A person younger than 21 years of age may not operate or be in actual physical
control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol
concentration in the person's body as shown by a chemical test.
(b) A person who violates Subsection (2)(a), in addition to any other applicable
penalties arising out of the incident, shall have the person's operator license denied or
suspended as provided in Subsection (7).
(3) (a) When a peace officer has reasonable grounds to believe that a person may be
violating or has violated Subsection (2), the peace officer may, in connection with arresting the
person for a violation of Section 
32B-4-409
, request that the person submit to a chemical test
or tests to be administered in compliance with the standards under Section 
41-6a-520
.
(b) The peace officer shall advise a person prior to the person's submission to a
chemical test that a test result indicating a violation of Subsection (2)(a) will result in denial or
suspension of the person's license to operate a motor vehicle or a refusal to issue a license.
(c) If the person submits to a chemical test and the test results indicate a blood, breath,
or urine alcohol content in violation of Subsection (2)(a), or if a peace officer makes a
determination, based on reasonable grounds, that the person is otherwise in violation of
Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the
arrest, give notice of the division's intention to deny or suspend the person's license to operate a
vehicle or refusal to issue a license under this section.
(4) When a peace officer gives notice on behalf of the division, the peace officer shall
supply to the operator, in a manner specified by the division, basic information regarding how
to obtain a prompt hearing before the division.
(5) As a matter of procedure, a peace officer shall send to the division within 10
calendar days after the day on which notice is provided:
(a) a copy of the citation issued for the offense;
(b) a signed report in a manner specified by the Driver License Division indicating the
chemical test results, if any; and
(c) any other basis for a peace officer's determination that the person has violated
Subsection (2).
(6) (a) (i) Upon request in a manner specified by the division, the Driver License
Division shall grant to the person an opportunity to be heard within 29 days after the date of
arrest under Section 
32B-4-409
.
(ii) The request shall be made within 10 calendar days of the day on which notice is
provided.
(b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
division in:
(A) the county in which the arrest occurred; or
(B) a county that is adjacent to the county in which the arrest occurred.
(ii) The division may hold a hearing in some other county if the division and the person
both agree.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was operating
a motor vehicle or motorboat in violation of Subsection (2)(a);
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) In connection with a hearing, the division or its authorized agent may administer
oaths and may issue subpoenas for the attendance of witnesses and the production of relevant
books and papers and records as defined in Section 
46-4-102
.
(e) One or more members of the division may conduct the hearing.
(f) Any decision made after a hearing before any number of the members of the
division is as valid as if made after a hearing before the full membership of the division.
(7) If, after a hearing, the division determines that a peace officer had reasonable
grounds to believe that the person was driving a motor vehicle in violation of Subsection (2)(a),
if the person fails to appear before the division as required in the notice, or if the person does
not request a hearing under this section, the division shall for a person under 21 years of age on
the date of arrest:
(a) deny the person's license until the person complies with Subsection [
(11)
] 
(10)
(b)(i)
but for a period of not less than six months beginning on the 45th day after the date of arrest for
a first offense under Subsection (2)(a) [
committed on or after May 14, 2013
];
(b) suspend the person's license until the person complies with Subsection [
(11)
]
(10)
(b)(i) and until the person is 21 years of age or for a period of two years, whichever is
longer, beginning on the 45th day after the date of arrest for a second or subsequent offense
under Subsection (2)(a) [
committed on or after July 1, 2009, and
] within 10 years of a prior
denial or suspension;
(c) deny the person's application for a license or learner's permit until the person
complies with Subsection [
(11)
] 
(10)
(b)(i) but for a period of not less than six months
beginning on the 45th day after the date of the arrest,
 if:
(i) the person has not been issued an operator license; and
(ii) the suspension is for a first offense under Subsection (2)(a) [
committed on or after
July 1, 2009
];
(d) deny the person's application for a license or learner's permit until the person
complies with Subsection [
(11)
] 
(10)
(b)(i) and until the person is 21 years of age or for a period
of two years, whichever is longer, 
beginning on the 45th day after the date of the arrest,
 if:
(i) the person has not been issued an operator license; and
(ii) the suspension is for a second or subsequent offense under Subsection (2)(a)
committed [
on or after July 1, 2009, and
] within 10 years of a prior denial or suspension[
; or
]
.
[
(e) deny or suspend a person's license for the denial and suspension periods in effect:
]
[
(i) prior to July 1, 2009, for a violation under Subsection (2)(a) that was committed
prior to July 1, 2009;
]
[
(ii) from July 1, 2009, through June 30, 2011, if the person was 20 years 6 months of
age or older but under 21 years of age at the time of arrest and the conviction under Subsection
(2) is for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011; or
]
[
(iii) prior to May 14, 2013, for a violation under Subsection (2)(a) that was committed
prior to May 14, 2013.
]
[
(8) (a) Notwithstanding the provisions in Subsection (7)(e)(iii), the division shall
shorten a person's one-year license suspension or denial period that is currently in effect to a
six-month suspension or denial period if:
]
[
(i) the driver was under the age of 19 at the time of arrest;
]
[
(ii) the offense was a first offense that was committed prior to May 14, 2013; and
]
[
(iii) the suspension or denial under Subsection (7)(e)(iii) was based on the same
occurrence upon which the following written verifications are based:
]
[
(A) a court order shortening the driver license suspension for a violation of Section
41-6a-502
 pursuant to Subsection 
41-6a-509
(8);
]
[
(B) a court order shortening the driver license suspension for a violation of Section
41-6a-517
 pursuant to Subsection 
41-6a-517
(11);
]
[
(C) a court order shortening the driver license suspension for a violation of Section
32B-4-409
;
]
[
(D) a dismissal for a violation of Section 
41-6a-502
, Section 
41-6a-517
, or Section
32B-4-409
;
]
[
(E) a notice of declination to prosecute for a charge under Section 
41-6a-502
, Section
41-6a-517
, or Section 
32B-4-409
;
]
[
(F) a reduction of a charge under Section 
41-6a-502
, Section 
41-6a-517
, or Section
32B-4-409
; or
]
[
(G) other written documentation acceptable to the division.
]
[
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division may make rules establishing requirements for acceptable documentation to shorten
a person's driver license suspension or denial period under this Subsection (8).
]
[
(c) If a person's license sanction is shortened under this Subsection (8), the person is
required to pay the license reinstatement fees under Subsections 
53-3-105
(24) and (25).
]
[
(9)
] 
(8)
 (a) (i) Following denial or suspension the division shall assess against a
person, in addition to any fee imposed under Subsection 
53-3-205
(12), a fee under Section
53-3-105
, which shall be paid before the person's driving privilege is reinstated, to cover
administrative costs.
(ii) This fee shall be canceled if the person obtains an unappealed division hearing or
court decision that the suspension was not proper.
(b) A person whose operator license has been denied, suspended, or postponed by the
division under this section following an administrative hearing may file a petition within 30
days after the suspension for a hearing on the matter which, if held, is governed by Section
53-3-224
.
[
(10)
] 
(9)
 After reinstatement of an operator license for a first offense under this
section, a report authorized under Section 
53-3-104
 may not contain evidence of the denial or
suspension of the person's operator license under this section if the person has not been
convicted of any other offense for which the denial or suspension may be extended.
[
(11)
] 
(10)
 (a) In addition to the penalties in Subsection [
(9)
] 
(8)
, a person who violates
Subsection (2)(a) shall:
(i) obtain an assessment and recommendation for appropriate action from a substance
abuse program, but any associated costs shall be the person's responsibility; or
(ii) be referred by the division to the local substance abuse authority for an assessment
and recommendation for appropriate action.
(b) (i) Reinstatement of the person's operator license or the right to obtain an operator
license within five years of the effective date of the license sanction under Subsection (7) is
contingent upon successful completion of the action recommended by the local substance
abuse authority or the substance abuse program.
(ii) The local substance abuse authority's or the substance abuse program's
recommended action shall be determined by an assessment of the person's alcohol abuse and
may include:
(A) a targeted education and prevention program;
(B) an early intervention program; or
(C) a substance abuse treatment program.
(iii) Successful completion of the recommended action shall be determined by
standards established by the Division of Substance Abuse and Mental Health.
(c) At the conclusion of the penalty period imposed under Subsection (2), the local
substance abuse authority or the substance abuse program shall notify the division of the
person's status regarding completion of the recommended action.
(d) The local substance abuse authorities and the substance abuse programs shall
cooperate with the division in:
(i) conducting the assessments;
(ii) making appropriate recommendations for action; and
(iii) notifying the division about the person's status regarding completion of the
recommended action.
(e) (i) The local substance abuse authority is responsible for the cost of the assessment
of the person's alcohol abuse, if the assessment is conducted by the local substance abuse
authority.
(ii) The local substance abuse authority or a substance abuse program selected by a
person is responsible for:
(A) conducting an assessment of the person's alcohol abuse; and
(B) for making a referral to an appropriate program on the basis of the findings of the
assessment.
(iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
associated with the recommended program to which the person selected or is referred.
(B) The costs and fees under Subsection [
(11)
] 
(10)
(e)(iii)(A) shall be based on a
sliding scale consistent with the local substance abuse authority's policies and practices
regarding fees for services or determined by the substance abuse program.
Section 12. Section 
77-40-105 (Effective 05/01/20)
 is amended to read:
77-40-105 (Effective 05/01/20).
Requirements to apply for a certificate of
eligibility to expunge conviction.
(1) An individual convicted of an offense may apply to the bureau for a certificate of
eligibility to expunge the record of conviction as provided in this section.
(2) An individual is not eligible to receive a certificate of eligibility from the bureau if:
(a) the conviction for which expungement is sought is:
(i) a capital felony;
(ii) a first degree felony;
(iii) a violent felony as defined in Subsection 
76-3-203.5
(1)(c)(i);
(iv) felony automobile homicide;
(v) a felony [
violation of
] 
conviction described in
 Subsection 
41-6a-501
(2);
(vi) a registerable sex offense as defined in Subsection 
77-41-102
(17); or
(vii) a registerable child abuse offense as defined in Subsection 
77-43-102
(2);
(b) a criminal proceeding is pending against the petitioner; or
(c) the petitioner intentionally or knowingly provides false or misleading information
on the application for a certificate of eligibility.
(3) A petitioner seeking to obtain expungement for a record of conviction is not
eligible to receive a certificate of eligibility from the bureau until all of the following have
occurred:
(a) the petitioner has paid in full all fines and interest ordered by the court related to the
conviction for which expungement is sought;
(b) the petitioner has paid in full all restitution ordered by the court pursuant to Section
77-38a-302
, or by the Board of Pardons and Parole pursuant to Section 
77-27-6
; and
(c) the following time periods have elapsed from the date the petitioner was convicted
or released from incarceration, parole, or probation, whichever occurred last, for each
conviction the petitioner seeks to expunge:
(i) 10 years in the case of a misdemeanor conviction of Subsection 
41-6a-501
(2) or a
felony conviction of Subsection 
58-37-8
(2)(g);
(ii) seven years in the case of a felony;
(iii) five years in the case of any class A misdemeanor or a felony drug possession
offense;
(iv) four years in the case of a class B misdemeanor; or
(v) three years in the case of any other misdemeanor or infraction.
(4) The bureau may not count pending or previous infractions, traffic offenses, or
minor regulatory offenses, or fines or fees arising from the infractions, traffic offenses, or
minor regulatory offenses, when determining expungement eligibility.
(5) The bureau may not issue a certificate of eligibility if, at the time the petitioner
seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
including previously expunged convictions, contains any of the following, except as provided
in Subsection (8):
(a) two or more felony convictions other than for drug possession offenses, each of
which is contained in a separate criminal episode;
(b) any combination of three or more convictions other than for drug possession
offenses that include two class A misdemeanor convictions, each of which is contained in a
separate criminal episode;
(c) any combination of four or more convictions other than for drug possession
offenses that include three class B misdemeanor convictions, each of which is contained in a
separate criminal episode; or
(d) five or more convictions other than for drug possession offenses of any degree
whether misdemeanor or felony, each of which is contained in a separate criminal episode.
(6) The bureau may not issue a certificate of eligibility if, at the time the petitioner
seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
including previously expunged convictions, contains any of the following:
(a) three or more felony convictions for drug possession offenses, each of which is
contained in a separate criminal episode; or
(b) any combination of five or more convictions for drug possession offenses, each of
which is contained in a separate criminal episode.
(7) If the petitioner's criminal history contains convictions for both a drug possession
offense and a non drug possession offense arising from the same criminal episode, that criminal
episode shall be counted as provided in Subsection (5) if any non drug possession offense in
that episode:
(a) is a felony or class A misdemeanor; or
(b) has the same or a longer waiting period under Subsection (3) than any drug
possession offense in that episode.
(8) If at least 10 years have elapsed from the date the petitioner was convicted or
released from incarceration, parole, or probation, whichever occurred last, for all convictions,
then each eligibility limit defined in Subsection (5) shall be increased by one.
(9) If, prior to May 14, 2013, the petitioner has received a pardon from the Utah Board
of Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned
crimes pursuant to Section 
77-27-5.1
.
Section 13. 
Effective date.
This bill takes effect on July 1, 2020.