Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 26 First Substitute (2021GS)

Sponsor

Rep. Pitcher, S.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes language limiting the 24-7 sobriety program to a pilot program;
• allows an individual participating in a drug court to avoid suspension of the individual's driver license;
• allows expansion of the program statewide; and
• makes technical corrections.

Every vote on this bill

Bill text

24-7 SOBRIETY PROGRAM EXPANSION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
Senate Sponsor: 
Jerry W. Stevenson
LONG TITLE
General Description:
This bill expands the 24-7 sobriety program statewide.
Highlighted Provisions:
This bill:
▸ removes language limiting the 24-7 sobriety program to a pilot program;
▸ allows an individual participating in a drug court to avoid suspension of the
individual's driver license;
▸ allows expansion of the program statewide; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a Coordination Clause.
Utah Code Sections Affected:
AMENDS:
41-6a-505
, as last amended by Laws of Utah 2019, Chapter 136
41-6a-509
, as last amended by Laws of Utah 2020, Chapter 177
41-6a-515.5
, as last amended by Laws of Utah 2018, Chapter 135
41-6a-517
, as last amended by Laws of Utah 2020, Chapter 12
41-6a-518
, as last amended by Laws of Utah 2018, Chapter 41
53-3-220
, as last amended by Laws of Utah 2020, Chapter 177
53-3-223
, as last amended by Laws of Utah 2020, Chapter 177
Utah Code Sections Affected by Coordination Clause:
41-6a-509
, as last amended by Laws of Utah 2020, Chapter 177
41-6a-517
, as last amended by Laws of Utah 2020, Chapter 12
 53-3-221
, as last amended by Laws of Utah 2015, Chapter 52
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-505
 is amended to read:
41-6a-505.
Sentencing requirements for driving under the influence of alcohol,
drugs, or a combination of both violations.
(1) As part of any sentence for a first conviction of Section 
41-6a-502
:
(a) the court shall:
(i) (A) impose a jail sentence of not less than 48 consecutive hours; or
(B) require the individual to work in a compensatory-service work program for not less
than 48 hours;
(ii) order the individual to participate in a screening;
(iii) order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection (1)(a)(ii);
(iv) order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection (1)(b);
(v) impose a fine of not less than $700;
(vi) order probation for the individual in accordance with Section 
41-6a-507
, if there is
admissible evidence that the individual had a blood alcohol level of .16 or higher;
(vii) (A) order the individual to pay the administrative impound fee described in
Section 
41-6a-1406
; or
(B) if the administrative impound fee was paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; [
or
]
(viii) (A) order the individual to pay the towing and storage fees described in Section
72-9-603
; or
(B) if the towing and storage fees were paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; [
and
] 
or
(ix) unless the court determines and states on the record that an ignition interlock
system is not necessary for the safety of the community and in the best interest of justice, order
the installation of an ignition interlock system as described in Section 
41-6a-518
; and
(b) the court may:
(i) order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii) order probation for the individual in accordance with Section 
41-6a-507
;
(iii) order the individual to participate in a 24-7 sobriety program as defined in Section
41-6a-515.5
 if the individual is 21 years of age or older; or
(iv) order a combination of Subsections (1)(b)(i) through (iii).
(2) 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:
(a) the court shall:
(i) (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
;
(ii) order the individual to participate in a screening;
(iii) order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection (2)(a)(ii);
(iv) order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection (2)(b);
(v) impose a fine of not less than $800;
(vi) order probation for the individual in accordance with Section 
41-6a-507
;
(vii) order the installation of an ignition interlock system as described in Section
41-6a-518
;
[
(vii)
] 
(viii)
 (A) order the individual to pay the administrative impound fee described in
Section 
41-6a-1406
; or
(B) if the administrative impound fee was paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; or
[
(viii)
] 
(ix)
 (A) order the individual to pay the towing and storage fees described in
Section 
72-9-603
; or
(B) if the towing and storage fees were paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; and
(b) the court may:
(i) order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii) order the individual to participate in a 24-7 sobriety program as defined in Section
41-6a-515.5
 if the individual is 21 years of age or older; or
(iii) order a combination of Subsections (2)(b)(i) and (ii).
(3) Under Subsection 
41-6a-503
(2), 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;
(b) a jail sentence of not less than 1,500 hours; and
(c) supervised probation.
(4) For Subsection (3) or Subsection 
41-6a-503
(2)(b), the court:
(a) shall impose an order requiring the individual to obtain a screening and assessment
for alcohol and substance abuse, and treatment as appropriate; and
(b) may impose an order requiring the individual to participate in a 24-7 sobriety
program as defined in Section 
41-6a-515.5
 if the individual is 21 years [
of age
] 
old
 or older.
(5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.
(6) If an individual is convicted of a violation of Section 
41-6a-502
 and there is
admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
shall order the following, or describe on record why the order or orders are not appropriate:
(a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
(b) 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 
or remote alcohol monitor
 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
.
Section 2. 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
; 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 violation under Section 
41-6a-502
 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 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 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 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 violation under Section 
41-6a-502
 is committed 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 violation under Section 
41-6a-502
 is committed 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 violation under Section 
41-6a-502
;
(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 violation under Section 
41-6a-502
; 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 violation under Section 
41-6a-502
 is committed 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 violation under Section 
41-6a-502
 is committed 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 (9).
(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.
(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.
(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
(7)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (7)(c);
(e) completes an educational series if substance abuse treatment is not required by an
assessment under Subsection (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).
(8) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (7), the court shall forward the order shortening the person's
suspension period 
to the Driver License Division in a manner specified by the division
 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
].
(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 (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 (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.
(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 (10)(a), the division shall
suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
(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 (11), the court shall forward [
to the Driver License Division
]
the order shortening the person's suspension period 
to the Driver License Division in a manner
specified by the division
.
(c) The court shall notify the Driver License Division
, in a manner specified by the
Driver License Division,
 if a person fails to complete all requirements of a 24-7 sobriety
program.
(d) 
(i) (A)
 Upon receiving the notification described in Subsection (11)(c), 
for a first
offense,
 the division shall suspend the person's driving privilege [
in accordance with
Subsections 53-3-221(2) and (3).
] 
for a period of 120 days from the date of notice.
(B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
subtracted from the 120-day suspension period for which a driving privilege was previously
suspended under this section or Section 
53-3-223
, if the previous suspension was based on the
same occurrence upon which the conviction under Section 
41-6a-502
 is based.
(ii) (A) Upon receiving the notification described in Subsection (11)(c), for a second or
subsequent offense, the division shall revoke the person's driving privilege for a period of two
years from the date of notice.
(B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be
subtracted from the two-year revocation period for which a driving privilege was previously
revoked under this section or Section 
53-3-223
, if the previous revocation was based on the
same occurrence upon which the conviction under Section 
41-6a-502
 is based.
Section 3. Section 
41-6a-515.5
 is amended to read:
41-6a-515.5.
Sobriety program for DUI.
(1) As used in this section:
(a) "24-7 sobriety program" means a 24 hours a day, seven days a week sobriety and
drug monitoring program that:
(i) requires an individual to abstain from alcohol or drugs for a period of time;
(ii) requires an individual to submit to random drug testing; and
(iii) requires the individual to be subject to testing to determine the presence of
alcohol:
(A) twice a day at a central location where timely sanctions may be applied;
(B) by continuous remote sensing or transdermal alcohol monitoring by means of an
electronic monitoring device that allows timely sanctions to be applied; or
(C) by an alternate method that is approved by the National Highway Traffic Safety
Administration.
(b) (i) "Testing" means a procedure for determining the presence and level of alcohol
or a drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration.
(ii) "Testing" includes any combination of the use of:
(A) remote and in-person breath testing;
(B) drug patch testing;
(C) urinalysis testing;
(D) saliva testing;
(E) continuous remote sensing;
(F) transdermal alcohol monitoring; or
(G) alternate body fluids approved for testing by the commissioner of the department.
[
(2) (a) The department shall establish and administer a 24-7 sobriety program as a
pilot program.
]
[
(b)
] 
(2)
 The department [
shall establish one pilot
] 
may establish a 24-7 sobriety
program with a law enforcement agency that is able to meet the 24-7 sobriety program
qualifications and requirements under this section.
(3) (a) The 24-7 sobriety program shall include use of multiple testing methodologies
for the presence of alcohol or drugs that:
(i) best facilitates the ability to apply timely sanctions for noncompliance;
(ii) is available at an affordable cost; and
(iii) provides for positive, behavioral reinforcement for program compliance.
(b) The commissioner shall consider the following factors to determine which testing
methodologies are best suited for each participant:
(i) whether a device is available;
(ii) whether the participant is capable of paying the fees and costs associated with each
testing methodology;
(iii) travel requirements based on each testing methodology and the participant's
circumstances;
(iv) the substance or substances for which testing will be required; and
(v) other factors the commissioner considers relevant.
(4) (a) The 24-7 sobriety program shall be supported by evidence of effectiveness and
satisfy at least two of the following categories:
(i) the program is included in the federal registry of evidence-based programs and
practices;
(ii) the program has been reported in a peer-reviewed journal as having positive effects
on the primary targeted outcome; or
(iii) the program has been documented as effective by informed experts and other
sources.
(b) If a law enforcement agency participates in a 24-7 sobriety program, the department
shall assist in the creation and administration of the program in the manner provided in this
section.
(c) A 24-7 sobriety program shall have at least one testing location and two daily
testing times approximately 12 hours apart.
(d) A person who is ordered by a judge to participate in the 24-7 sobriety program for a
first conviction as defined in Subsection 
41-6a-501
(2) shall be required to participate in a 24-7
sobriety program for at least 30 days.
[
(d)
] 
(e)
 If a person who is ordered by a judge to participate in the 24-7 sobriety
program 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 person shall be required to participate in a 24-7 sobriety
program for at least one year.
(5) (a) If a law enforcement agency participates in a 24-7 sobriety program, the law
enforcement agency may designate an entity to provide the testing services or to take any other
action required or authorized to be provided by the law enforcement agency pursuant to this
section, except that the law enforcement agency's designee may not determine whether an
individual is required to participate in the 24-7 sobriety program.
(b) Subject to the requirement in Subsection (4)(c), the law enforcement agency shall
establish the testing locations and times for the county.
(6) (a) The commissioner of the department shall establish a data management
technology plan for data collection on 24-7 sobriety program participants.
(b) All required data related to participants in the 24-7 sobriety program shall be
received into the data management technology plan.
(c) The data collected under this Subsection (6) is owned by the state.
(7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules to implement this section.
(b) The rules under Subsection (7)(a) shall:
(i) provide for the nature and manner of testing and the procedures and apparatus to be
used for testing;
(ii) establish reasonable participation and testing fees for the program, including the
collection of fees to pay the cost of installation, monitoring, and deactivation of any testing
device;
(iii) require and provide for the approval of a 24-7 sobriety program data management
technology plan that shall be used by the department and participating law enforcement
agencies to manage testing, data access, fees and fee payments, and any required reports; 
and
(iv) establish a model sanctioning schedule for program noncompliance[
; and
]
.
[
(v) establish a process for piloting alternate components of the 24-7 sobriety
program.
]
Section 4. 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) 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 Subsection (2) 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 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) 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) 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) 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) 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) 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) 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)(a) or (8)(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)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (11)(c);
(e) completes an educational series if substance abuse treatment is not required by the
assessment under Subsection (11)(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)(a) or (8)(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)(a) or (8)(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)(a) or (8)(a).
(12) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (11), the court shall forward the order shortening the person's
license suspension period 
to the Driver License Division in a manner specified by the division
prior to the completion of the suspension period imposed under Subsection (7)(a) or (8)(a) [
to
the Driver License Division
].
(13) (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) The court:
(a) shall order supervised probation in accordance with Section 
41-6a-507
 for a person
convicted under Subsection (2); and
(b) 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.
(15) (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) 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), the court shall forward to the Driver License Division
, in
a manner specified by the division,
 the order shortening the person's suspension period.
(c) The court shall notify the Driver License Division
, in a manner specified by the
division,
 if a person fails to complete all requirements of a 24-7 sobriety program.
[
(d) Upon receiving the notification described in Subsection (15)(c), the division shall
suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
]
(d) (i) (A) Upon receiving the notification described in Subsection (15)(c), for a first
offense, the division shall suspend the person's driving privilege for a period of 120 days from
the date of notice.
(B) For a suspension described in Subsection (15)(d)(i)(A), no days shall be subtracted
from the 120-day suspension period for which a driving privilege was suspended under this
section or under Section 
53-3-223
, if the previous suspension was based on the same
occurrence upon which the conviction under this section is based.
(ii) (A) Upon receiving the notification described in Subsection (15)(c), for a second or
subsequent offense, the division shall revoke the person's driving privilege for a period of two
years from the date of notice.
(B) For a revocation described in Subsection (15)(d)(ii)(A), no days shall be subtracted
from the two-year revocation period for which a driving privilege was previously revoked
under this section or under Section 
53-3-223
, if the previous revocation was based on the same
occurrence upon which the conviction under this section is based.
Section 5. Section 
41-6a-518
 is amended to read:
41-6a-518.
Ignition interlock devices -- Use -- Probationer to pay cost --
Impecuniosity -- Fee.
(1) As used in this section:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Employer verification" means written verification from the employer that:
(i) the employer is aware that the employee is an interlock restricted driver;
(ii) the vehicle the employee is operating for employment purposes is not made
available to the employee for personal use;
(iii) the business entity that employs the employee is not entirely or partly owned or
controlled by the employee;
(iv) the employer's auto insurance company is aware that the employee is an interlock
restricted driver; and
(v) the employee has been added to the employer's auto insurance policy as an operator
of the vehicle.
(c) "Ignition interlock system" or "system" means a constant monitoring device or any
similar device certified by the commissioner that prevents a motor vehicle from being started
or continuously operated without first determining the driver's breath alcohol concentration.
(d) "Probation provider" means the supervisor and monitor of the ignition interlock
system required as a condition of probation who contracts with the court in accordance with
Subsections 
41-6a-507
(2) and (3).
(2) (a) In addition to any other penalties imposed under Sections 
41-6a-503
 and
41-6a-505
, and in addition to any requirements imposed as a condition of probation, 
unless the
court determines and states on the record that an ignition interlock system is not necessary for
the safety of the community and in the best interest of justice,
 the court [
may
] 
shall
 require that
any person who is convicted of violating Section 
41-6a-502
 and who is granted probation may
not operate a motor vehicle during the period of probation unless that motor vehicle is
equipped with a functioning, certified ignition interlock system installed and calibrated so that
the motor vehicle will not start or continuously operate if the operator's blood alcohol
concentration exceeds [
a level ordered by the court
] 
.02 grams or greater
.
(b) If a person convicted of violating Section 
41-6a-502
 was under the age of 21 when
the violation occurred, the court shall order the installation of the ignition interlock system as a
condition of probation.
(c) (i) If a person is convicted of a violation of Section 
41-6a-502
 within 10 years of a
prior conviction as defined in Subsection 
41-6a-501
(2), the court shall order the installation of
the interlock ignition system, at the person's expense, for all motor vehicles registered to that
person and all motor vehicles operated by that person.
(ii) A person who operates a motor vehicle without an ignition interlock device as
required under this Subsection (2)(c) is in violation of Section 
41-6a-518.2
.
(d) The division shall post the ignition interlock restriction on the electronic record
available to law enforcement.
(e) This section does not apply to a person convicted of a violation of Section
41-6a-502
 whose violation does not involve alcohol.
(3) If the court imposes the use of an ignition interlock system as a condition of
probation, the court shall:
(a) stipulate on the record the requirement for and the period of the use of an ignition
interlock system;
(b) order that an ignition interlock system be installed on each motor vehicle owned or
operated by the probationer, at the probationer's expense;
(c) immediately notify the Driver License Division and the person's probation provider
of the order; and
(d) require the probationer to provide proof of compliance with the court's order to the
probation provider within 30 days of the order.
(4) (a) The probationer shall provide timely proof of installation within 30 days of an
order imposing the use of a system or show cause why the order was not complied with to the
court or to the probationer's probation provider.
(b) The probation provider shall notify the court of failure to comply under Subsection
(4)(a).
(c) For failure to comply under Subsection (4)(a) or upon receiving the notification
under Subsection (4)(b), the court shall order the Driver License Division to suspend the
probationer's driving privileges for the remaining period during which the compliance was
imposed.
(d) Cause for failure to comply means any reason the court finds sufficiently justifiable
to excuse the probationer's failure to comply with the court's order.
(5) (a) Any probationer required to install an ignition interlock system shall have the
system monitored by the manufacturer or dealer of the system for proper use and accuracy at
least semiannually and more frequently as the court may order.
(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
court or the person's probation provider.
(ii) The report shall be issued within 14 days following each monitoring.
(6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
reasonable costs of leasing or buying and installing and maintaining the system.
(b) A probationer may not be excluded from this section for inability to pay the costs,
unless:
(i) the probationer files an affidavit of impecuniosity; and
(ii) the court enters a finding that the probationer is impecunious.
(c) In lieu of waiver of the entire amount of the cost, the court may direct the
probationer to make partial or installment payments of costs when appropriate.
(d) The ignition interlock provider shall cover the costs of waivers by the court under
this Subsection (6).
(7) (a) If a probationer is required in the course and scope of employment to operate a
motor vehicle owned by the probationer's employer, the probationer may operate that motor
vehicle without installation of an ignition interlock system only if:
(i) the motor vehicle is used in the course and scope of employment;
(ii) the employer has been notified that the employee is restricted; and
(iii) the employee has employer verification in the employee's possession while
operating the employer's motor vehicle.
(b) (i) To the extent that an employer-owned motor vehicle is made available to a
probationer subject to this section for personal use, no exemption under this section shall apply.
(ii) A probationer intending to operate an employer-owned motor vehicle for personal
use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
system shall notify the employer and obtain consent in writing from the employer to install a
system in the employer-owned motor vehicle.
(c) A motor vehicle owned by a business entity that is all or partly owned or controlled
by a probationer subject to this section is not a motor vehicle owned by the employer and does
not qualify for an exemption under this Subsection (7).
(8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commissioner shall make rules setting standards for the certification of ignition interlock
systems.
(b) The standards under Subsection (8)(a) shall require that the system:
(i) not impede the safe operation of the motor vehicle;
(ii) have features that make circumventing difficult and that do not interfere with the
normal use of the motor vehicle;
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
(iv) prevent the motor vehicle from being started if the driver's breath alcohol
concentration exceeds [
a specified level
] 
.02 grams or greater
;
(v) work accurately and reliably in an unsupervised environment;
(vi) resist tampering and give evidence if tampering is attempted;
(vii) operate reliably over the range of motor vehicle environments; and
(viii) be manufactured by a party who will provide liability insurance.
(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
independent laboratory tests relied upon in certification of ignition interlock systems by other
states.
(d) A list of certified systems shall be published by the commissioner and the cost of
certification shall be borne by the manufacturers or dealers of ignition interlock systems
seeking to sell, offer for sale, or lease the systems.
(e) (i) In accordance with Section 
63J-1-504
, the commissioner may establish an
annual dollar assessment against the manufacturers of ignition interlock systems distributed in
the state for the costs incurred in certifying.
(ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
manufacturers on a fair and reasonable basis.
(f) The commissioner shall require a provider of an ignition interlock system certified
in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
Ignition Interlock System Program Act.
(9) A violation of this section is a class C misdemeanor.
(10) There shall be no liability on the part of, and no cause of action of any nature shall
arise against, the state or its employees in connection with the installation, use, operation,
maintenance, or supervision of an interlock ignition system as required under this section.
Section 6. 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
;
(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).
(iii) Notwithstanding the provisions in this Subsection (1)(c), the division shall
reinstate a person's driving privilege before completion of the suspension period imposed under
this Subsection (1)(c) if the reporting court notifies the Driver License Division, in a manner
specified by the division, that the defendant is participating in or has successfully completed a
drug court program as defined in Section 
78A-5-201
.
(iv) If a person's driving privilege is reinstated under Subsection (1)(c)(iii), the person
is required to pay the license reinstatement fees under Subsection 
53-3-105
(26).
(v) The court shall notify the division, in a manner specified by the division, if a person
fails to complete all requirements of the drug court program.
(vi) Upon receiving the notification described in Subsection (1)(c)(v), the division shall
suspend the person's driving privilege for a period of six months from the date of the notice,
and no days shall be subtracted from the six-month suspension period for which a driving
privilege was previously suspended under this Subsection (1)(c).
(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 7. 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, 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:
(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) (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), 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)(b), the person is
required to pay the license reinstatement 
application
 fees under Subsections 
53-3-105
[
(24)
]
(26)
and [
(25)
] 
(27)
.
(iv) The driver license reinstatements authorized under this Subsection (7)(b) only
apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
(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
.
(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 (9)(a), the person is required to
pay the license reinstatement 
application
 fees under Subsections 
53-3-105
[
(24)
]
(26)
 and [
(25)
]
(27)
.
(10) (a) If the division suspends a person's license for an alcohol related offense under
Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition
interlock restricted driver if the person:
(i) has a valid driving privilege, with the exception of the suspension under Subsection
(7)(a)(i)(A);
(ii) completes a risk assessment approved by the division that:
(A) is completed after the date of the arrest for which the person is suspended under
Subsection (7)(a)(i)(A); and
(B) identifies the person as a low risk offender;
(iii) installs an ignition interlock device in any vehicle owned or driven by the person
in accordance with Section 
53-3-1007
; and
(iv) pays the license reinstatement application fees described in Subsections
53-3-105
(26) and (27).
(b) The person shall remain an ignition interlock restricted driver for a period of 120
days from the original effective date of the suspension under Subsection (7)(a)(i)(A). If the
person removes an ignition interlock device from a vehicle owned or driven by the person prior
to the expiration of the 120 day ignition interlock restriction period:
(i) the person's driver license shall be suspended under Subsection (7)(a)(i)(A) for the
remainder of the 120 day ignition interlock restriction period;
(ii) the person is required to pay the license reinstatement application fee under
Subsection 
53-3-105
(26); and
(iii) the person may not elect to become an ignition interlock restricted driver under
this section.
(c) If a person elects to become an ignition interlock restricted driver under Subsection
(10)(a), the provisions under Subsection (7)(b) do not apply.
Section 8. 
 Coordinating H.B. 26 with H.B. 143 -- Substantive amendments.
If this H.B. 26 and H.B. 143, Driver License Suspension Amendments, both pass and
become law, the Legislature intends that the Office of Legislative Research and General
Counsel prepare the Utah Code database for publication by making the following changes:
(1) Subsection 
41-6a-509
(11)(d) in H.B. 26 supersedes Subsection 
41-6a-509
(11)(d) in
H.B. 143.
(2) Subsection 
41-6a-517
(15)(d) in H.B. 26 supersedes Subsection 
41-6a-517
(15)(d) in
H.B. 143.
(3) Subsection 53-3-221(2)(a)(i)(B) in H.B. 143 shall be deleted, the word "or" inserted
at the end of Subsection 53-3-221(2)(a)(i)(A), and the remaining subsections renumbered.