Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 350 Second Substitute (2020GS)

Sponsor

Rep. Waldrip, S.

Final action

House/ filed 3/13/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides that the offense of a person's operation of a vehicle with a measurable controlled substance in the person's body does not include the presence of only inactive cannabis metabolite in the person's body;
• amends provisions associated with a person's operation of a motor vehicle with a measurable controlled substance in the person's body by making the offense a third degree felony if the person has two or more related convictions within 10 years;
• amends penalties associated with the conviction of a person's operation of a motor vehicle with a measurable controlled substance in the person's body; and
• makes technical changes.

Every vote on this bill

Bill text

IMPAIRED DRIVING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Waldrip
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions and penalties related to a person's operation of a motor
vehicle with a measurable controlled substance in the person's body.
Highlighted Provisions:
This bill:
▸ provides that the offense of a person's operation of a vehicle with a measurable
controlled substance in the person's body does not include the presence of only
inactive cannabis metabolite in the person's body;
▸ amends provisions associated with a person's operation of a motor vehicle with a
measurable controlled substance in the person's body by making the offense a third
degree felony if the person has two or more related convictions within 10 years;
▸ amends penalties associated with the conviction of a person's operation of a motor
vehicle with a measurable controlled substance in the person's body; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-517
, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
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
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-517
 is amended to read:
41-6a-517.
Definitions -- Driving with any measurable controlled substance in the
body -- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(b) "Practitioner" means the same as that term is defined in Section 
58-37-2
.
(c) "Prescribe" means the same as that term is defined in Section 
58-37-2
.
(d) "Prescription" means the same as that term is defined in Section 
58-37-2
.
(2) 
(a)
 [
In
] 
Except as provided in Subsection (2)(b), in
 cases not amounting to a
violation of Section 
41-6a-502
, a person may not operate or be in actual physical control of a
motor vehicle within this state if the person has any measurable controlled substance or
metabolite of a controlled substance in the person's body.
(b) Subsection (2)(a) does not apply to a person that has
11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person's
body.
(3) It is an affirmative defense to prosecution under this section that the controlled
substance was:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused;
(c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
Cannabis Act; or
(d) otherwise legally ingested.
(4) (a) A person [
convicted of a violation of
] 
who violates
 Subsection (2) 
for the first
or second time
 is guilty of a class B misdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under
both this section and any applicable offense under Section 
58-37-8
.
(5) A person who violates Subsection (2) is guilty of a third degree felony if:
(a) 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 Subsection (2); or
(ii) the commission of the offense upon which the current conviction is based; or
(b) 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
, Subsection (2), or a statute previously in
effect in this state that would constitute a violation of Section 
41-6a-502
 or Subsection (2) that
is committed after July 1, 2001; or
(iii) any conviction described in Subsection (2) for which judgment of conviction is
reduced under Section 
76-3-402
.
[
(5)
] 
(6)
 A peace officer may, without a warrant, arrest a person for a violation of this
section when the officer has probable cause to believe the violation has occurred, although not
in the officer's presence, and if the officer has probable cause to believe that the violation was
committed by the person.
[
(6)
] 
(7)
 The Driver License Division shall, if the person is 21 years of age or older on
the date of arrest:
(a) suspend, for a period of 120 days, the driver license of a person convicted under
Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, for a period of two years, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
[
(7)
] 
(8)
 The Driver License Division shall, if the person is 19 years of age or older but
under 21 years of age on the date of arrest:
(a) suspend, until the person is 21 years of age or for a period of one year, whichever is
longer, the driver license of a person convicted under Subsection (2) of an offense committed
on or after July 1, 2011; or
(b) revoke, until the person is 21 years of age or for a period of two years, whichever is
longer, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
[
(8)
] 
(9)
 The Driver License Division shall, if the person is under 19 years of age on
the date of arrest:
(a) suspend, until the person is 21 years of age, the driver license of a person convicted
under Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, until the person is 21 years of age, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
[
(9)
] 
(10)
 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.
[
(10)
] 
(11)
 The Driver License Division shall:
(a) deny, suspend, or revoke a person's license for the denial and suspension periods in
effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
committed 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 Subsection (2) is for an offense that was committed on or after
July 1, 2009, and prior to July 1, 2011.
[
(11)
] 
(12)
 A court that reported a conviction of a violation of this section for a
violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the
suspension period imposed under Subsection [
(7)
] 
(8)
(a) or [
(8)
] 
(9)
(a) 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
[
(11)
] 
(12)
(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection [
(11)
] 
(12)
(c);
(e) completes an educational series if substance abuse treatment is not required by the
assessment under Subsection [
(11)
] 
(12)
(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 [
(7)
] 
(8)
(a) or [
(8)
] 
(9)
(a);
(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 consumed a controlled substance not prescribed by a practitioner for use by the
person or unlawfully consumed alcohol during the suspension period imposed under
Subsection [
(7)
] 
(8)
(a) or [
(8)
] 
(9)
(a); or
(ii) is under 18 years of age and has the person's parent or legal guardian provide an
affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not consumed a controlled substance not prescribed by a practitioner
for use by the person or unlawfully consumed alcohol during the suspension period imposed
under Subsection [
(7)
] 
(8)
(a) or [
(8)
] 
(9)
(a).
[
(12)
] 
(13)
 If the court shortens a person's license suspension period in accordance with
the requirements of Subsection [
(11)
] 
(12)
, the court shall forward the order shortening the
person's license suspension period prior to the completion of the suspension period imposed
under Subsection [
(7)
] 
(8)
(a) or [
(8)
] 
(9)
(a) to the Driver License Division.
[
(13)
] 
(14)
 (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered screening and assessment, educational series, and
substance abuse treatment; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification, the division shall suspend the person's driving
privilege in accordance with Subsections 
53-3-221
(2) and (3).
[
(14)
] 
(15) (a)
 The court:
[
(a)
] 
(i)
 shall order supervised probation in accordance with Section 
41-6a-507
 for a
person convicted under Subsection (2); and
[
(b)
] 
(ii)
 may order a person convicted under Subsection (2) to participate in a 24-7
sobriety program as defined in Section 
41-6a-515.5
 if the person is 21 years of age or older.
(b) The court shall:
(i) impose a jail sentence of not less than 48 consecutive hours; or
(ii) require the individual to work in a compensatory-service work program for not less
than 48 hours.
(16) If an individual has a prior conviction as defined in Subsection 
41-6a-501
(2) that
is within 10 years of the current conviction under Section 
41-6a-502
 or the commission of the
offense upon which the current conviction is based, the court shall:
(a) impose a jail sentence of not less than 240 hours; or
(b) impose a jail sentence of not less than 120 hours in addition to home confinement
of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
a substance abuse testing instrument in accordance with Section 
41-6a-506
.
(17) Under Subsection (15), if the court suspends the execution of a prison sentence
and places the defendant on probation, the court shall impose:
(a) a fine of not less than $1,500; and
(b) a jail sentence of not less than 1,500 hours.
[
(15)
] 
(18)
 (a) A court that reported a conviction of a violation of this section to the
Driver License Division may shorten the suspension period imposed under Subsection [
(6)
] 
(7)
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 [
(15)
] 
(18)
, 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 [
(15)
] 
(18)
(c), the division
shall suspend the person's driving privilege in accordance with Subsections 
53-3-221
(2) and
(3).
Section 2. 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 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) (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), 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) 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)
]
(12)
;
(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) (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) (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)(a), the person is required to
pay the license reinstatement fees under Subsections 
53-3-105
(24) and (25).
Section 3. 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)(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)(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)(b)(i) but for a period of not less than six months 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)(b)(i) and until the person is 21 years of age or for a period of
two years, whichever is longer, 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)
]
(12)
;
(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) (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) 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) (a) In addition to the penalties in Subsection (9), 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)(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.