Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 421 (2022GS)

Sponsor

Rep. Waldrip, S.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• prohibits the Driver License Division from suspending a driver license unless the person fails to complete the required number of days as an interlock restricted driver;
• for a person who elects to become an interlock restricted driver, provides for time served as an interlock restricted driver to count toward the time of a driver license suspension period;
• prohibits a court from ordering an ignition interlock device or service from a specific provider;
• removes the requirement for a person to complete a risk assessment in connection with ignition interlock requirements; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Waldrip
Senate Sponsor: 
 Jerry W. Stevenson
LONG TITLE
General Description:
This bill amends provisions related to ignition interlock restrictions and driving under
the influence.
Highlighted Provisions:
This bill:
▸ prohibits the Driver License Division from suspending a driver license unless the
person fails to complete the required number of days as an interlock restricted
driver;
▸ for a person who elects to become an interlock restricted driver, provides for time
served as an interlock restricted driver to count toward the time of a driver license
suspension period;
▸ prohibits a court from ordering an ignition interlock device or service from a
specific provider;
▸ removes the requirement for a person to complete a risk assessment in connection
with ignition interlock requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-509
, as last amended by Laws of Utah 2021, Chapters 83, 120 and last amended
by Coordination Clause, Laws of Utah 2021, Chapter 83
41-6a-518
, as last amended by Laws of Utah 2021, Chapter 83
53-3-223
, as last amended by Laws of Utah 2021, Chapter 83
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-509
 is amended to read:
41-6a-509.
Driver license suspension or revocation for a driving under the
influence violation.
(1) 
(a)
 The Driver License Division shall, if the person is 21 years [
of age
] 
old
 or older
at the time of arrest:
[
(a)
] 
(i)
 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)
] 
(ii)
 revoke for a period of two years the license of a person if:
[
(i)
] 
(A)
 the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
and
[
(ii)
] 
(B)
 the current violation under Section 
41-6a-502
 is committed within a period of
10 years from the date of the prior violation.
(b) If a person elects to become an interlock restricted driver under Subsection
53-3-223
(10)(a), the division may not suspend the operator's license as described in Subsection
(1)(a)(i) unless the person fails to complete 120 days of the interlock restriction.
(c) If the person fails to complete the full 120 days of interlock restriction, the division
shall reduce the 120-day suspension by one day for each day the person was an interlock
restricted driver under Subsection 
53-3-223
(10)(a).
(2) The Driver License Division shall, if the person is 19 years [
of age
] 
old
 or older but
under 21 years [
of age
] 
old
 at the time of arrest:
(a) suspend the person's driver license until the person is 21 years [
of age
] 
old
 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
] 
old
 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
] 
old
 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
] 
old
 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
] 
old
 at the
time of arrest:
(a) suspend the person's driver license until the person is 21 years [
of age
] 
old
 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
] 
old
 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
] 
old
 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
] 
old
 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) 
(a)
 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)
] 
(i)
 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)
] 
(ii)
 shall start the suspension or revocation time under Subsection (1) on the date
of the amended conviction.
(b) Notwithstanding Subsections (6)(a)(i) and (ii), if a person elects to become an
interlock restricted driver under Subsection 
53-3-233
(10)(a), the Driver License Division shall
reduce the 120-day suspension period by one day for each day the person was an interlock
restricted driver under Subsection 
53-3-233
(10).
(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
] 
old
 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
] 
old
 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).
(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 complete
all court ordered:
(i) screenings;
(ii) assessments;
(iii) educational series;
(iv) substance abuse treatment; and
(v) hours of work in a compensatory-service work program.
(b) Subject to Subsection 
53-3-218
(3), upon receiving the notification described in
Subsection (10)(a), the division shall suspend the person's driving privilege in accordance with
Subsection 
53-3-221
(2).
(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 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 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 2. 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 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 .02 grams or greater.
(b) If a person convicted of violating Section 
41-6a-502
 was under the age of 21 
years
old
 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) 
(a)
 If the court imposes the use of an ignition interlock system as a condition of
probation, the court shall:
[
(a)
] 
(i)
 stipulate on the record the requirement for and the period of the use of an
ignition interlock system;
[
(b)
] 
(ii)
 order that an ignition interlock system be installed on each motor vehicle
owned or operated by the probationer, at the probationer's expense;
[
(c)
] 
(iii)
 immediately notify the Driver License Division and the person's probation
provider of the order; [
and
]
[
(d)
] 
(iv)
 require the probationer to provide proof of compliance with the court's order
to the probation provider within 30 days of the order[
.
]
; and
(v) order the probationer to have the ignition interlock device installed and monitored
by any ignition interlock system provider licensed under Sections 
53-3-1001
 through
53-3-1008
.
(b) A court may not order a probationer to use a specific interlock system provider.
(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 .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 3. 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
] 
old
 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
] 
old
 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
] 
old
 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
] 
old
 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
(26) and
(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
(26) and (27).
(10) (a) If the division suspends a person's license for an alcohol related offense under
Subsection (7)(a)(i)(A), 
or revokes a person's license for a first-time refusal under Subsection
41-6a-521
(1)(d)(i)(A) or (1)(d)(ii)(A), or Subsection 
41-6a-521
(5)(a)(i)(A) or (5)(a)(ii)(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)
] 
(ii)
 installs an ignition interlock device in any vehicle owned or driven by the
person in accordance with Section 
53-3-1007
; and
[
(iv)
] 
(iii)
 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.