Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 62 First Substitute (2023GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits the Driver License Division from suspending a driver license unless the person fails to complete certain requirements as an ignition interlock restricted driver;
• for a person who elects to become an ignition interlock restricted driver, provides for time served as an ignition interlock restricted driver to count toward the time of a driver license suspension period in certain circumstances;
• prohibits a court from ordering an ignition interlock system from a specific provider;
• imposes certain monitoring requirements for an ignition interlock system;
• amends administrative rule requirements regarding ignition interlock system providers;
• provides procedures for a person to petition to remove an ignition interlock restriction due to a medical condition;
• amends the revocation period for a refusal to submit to a chemical test under certain circumstances;
• provides in some circumstances that a person may elect to become an ignition interlock restricted driver after refusal of a chemical test;
• removes the requirement for a person to complete a risk assessment in connection with certain ignition interlock requirements;
• amends provisions relating to ignition interlock system providers; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DRIVING UNDER THE INFLUENCE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
____________
LONG TITLE
Committee Note:
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote: 12 voting for 0 voting against 5 absent
General Description:
This bill amends provisions related to an ignition interlock system 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 certain requirements as an ignition interlock restricted
driver;
▸ for a person who elects to become an ignition interlock restricted driver, provides
for time served as an ignition interlock restricted driver to count toward the time of
a driver license suspension period in certain circumstances;
▸ prohibits a court from ordering an ignition interlock system from a specific
provider;
▸ imposes certain monitoring requirements for an ignition interlock system;
▸ amends administrative rule requirements regarding ignition interlock system
providers;
▸ provides procedures for a person to petition to remove an ignition interlock
restriction due to a medical condition;
▸ amends the revocation period for a refusal to submit to a chemical test under certain
circumstances;
▸ provides in some circumstances that a person may elect to become an ignition
interlock restricted driver after refusal of a chemical test;
▸ removes the requirement for a person to complete a risk assessment in connection
with certain ignition interlock requirements;
▸ amends provisions relating to ignition interlock system providers; and
▸ makes technical and conforming 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 2022, Chapter 116
41-6a-518
, as last amended by Laws of Utah 2022, Chapter 272
41-6a-518.2
, as last amended by Laws of Utah 2022, Chapter 116
41-6a-521
, as last amended by Laws of Utah 2019, Chapter 77
53-3-223
, as last amended by Laws of Utah 2022, Chapter 116
53-3-1007
, as last amended by Laws of Utah 2016, Chapter 149
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 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 
76-5-102.1
; 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
, 
76-5-102.1
, or 
76-5-207
 is
committed within a period of 10 years from the date of the prior violation.
(b) (i) If a person elects to become an interlock restricted driver under Subsection
53-3-223
(10)(a), the Driver License Division may not suspend the operator's license for a
violation of Section 
41-6a-502
 as described in Subsection (1)(a)(i) unless the person fails to
complete 120 days of the interlock restriction.
(ii) If a person elects to become an interlock restricted driver under Subsection
53-3-223
(10)(a), and the person fails to complete the full 120 days of interlock restriction, the
Driver License Division shall:
(A) suspend the operator's license as described in Subsection (1)(a)(i); and
(B) reduce the 120-day suspension by one day for each day the person was compliant
with the interlock restriction under Subsection 
53-3-223
(10)(a).
(2) The Driver License Division shall, if the person is 19 years old or older but under
21 years old at the time of arrest:
(a) suspend the person's driver license until the person is 21 years 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
, 
76-5-102.1
, or 
76-5-207
 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 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
, 
76-5-102.1
, or
76-5-207
 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 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
, 
76-5-102.1
, or 
76-5-207
 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 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
, 
76-5-102.1
, or 
76-5-207
 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 old at the time of
arrest:
(a) suspend the person's driver license until the person is 21 years old if the person is
convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
;
(b) deny the person's application for a license or learner's permit until the person is 21
years old if the person:
(i) is convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, or
76-5-207
; and
(ii) has not been issued an operator license;
(c) revoke the person's driver license until the person is 21 years 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
, 
76-5-102.1
, or 
76-5-207
 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 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
, 
76-5-102.1
, or 
76-5-207
 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
, 
76-5-102.1
, or 
76-5-207
 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 (6)(a)(ii), the Driver License Division
shall reduce the 120-day suspension period for a conviction under Section 
41-6a-502
 by one
day for each day the person was compliant with the interlock restriction under Subsection
53-3-223
(10)(a).
(7) A court that reported a conviction of a violation of Section 
41-6a-502
, 
76-5-102.1
,
or 
76-5-207
 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 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 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
,
76-5-102.1
, or 
76-5-207
 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
, 
76-5-102.1
, or 
76-5-207
.
(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
,
76-5-102.1
, or 
76-5-207
 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
, 
76-5-102.1
, or 
76-5-207
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
, 
76-5-102.1
, or 
76-5-207
is based.
Section 2. Section 
41-6a-518
 is amended to read:
41-6a-518.
Ignition interlock devices -- Use and monitoring -- Probationer to pay
cost -- Indigency -- 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
]
younger than 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 system installed and regularly
monitored by an ignition interlock system provider licensed under Title 53, Chapter 3, Part 10,
Ignition Interlock System Program Act.
(b) A court may not order a probationer to use a specific ignition 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
, every 30
days or more frequently as the court may order,
 have the system monitored by the manufacturer
or dealer of the system 
or the manufacturer's or dealer's authorized agent:
(i)
 [
for
] 
to determine the ignition interlock system's
 proper use and accuracy [
at least
semiannually and more frequently as the court may order.
]
; and
(ii) to collect information on all attempts to start the motor vehicle that were prevented
by the ignition interlock system, including the date and time of each attempt.
(b) (i) A report of the monitoring 
described in Subsection (5)(a)
 shall be issued by the
manufacturer or dealer 
or the manufacturer's or dealer's authorized agent
 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
, and monitoring
 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 indigency in accordance with Section
78A-2-302
; and
(ii) the court enters a finding that the probationer is indigent.
(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;
(viii) collect information on all attempts to start a motor vehicle that were prevented by
an ignition interlock system, including the date and time of each attempt;
 and
[
(viii)
] 
(ix)
 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 
41-6a-518.2
 is amended to read:
41-6a-518.2.
Interlock restricted driver -- Penalties for operation without ignition
interlock system -- Exemptions.
(1) As used in this section:
(a) "Ignition interlock system" means a constant monitoring device or any similar
device that:
(i) is in working order at the time of operation or actual physical control; and
(ii) is certified by the Commissioner of Public Safety in accordance with Subsection
41-6a-518
(8).
(b) (i) "Interlock restricted driver" means a person who:
(A) has been ordered by a court or the Board of Pardons and Parole as a condition of
probation or parole not to operate a motor vehicle without an ignition interlock system;
(B) within the last 18 months has been convicted of a violation under Section
41-6a-502
, Subsection 
41-6a-520
(7), or Section 
76-5-102.1
;
(C) (I) within the last three years has been convicted of an offense which would be a
conviction as defined under Section 
41-6a-501
; and
(II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
from the date that one or more prior offenses was committed if the prior offense resulted in a
conviction as defined in Subsection 
41-6a-501
(2);
(D) within the last three years has been convicted of a violation of this section;
(E) within the last three years has had the person's driving privilege revoked through an
administrative action for refusal to submit to a chemical test under Section 
41-6a-520
;
(F) within the last three years has been convicted of a violation of Section 
41-6a-502
,
Subsection 
41-6a-520
(7), or Section 
76-5-102.1
 and was under [
the age of
] 21 
years old
 at the
time the offense was committed;
(G) within the last six years has been convicted of a felony violation of Section
41-6a-502
, Subsection 
41-6a-520
(7), or Section 
76-5-102.1
 for an offense that occurred after
May 1, 2006; or
(H) within the last 10 years has been convicted of a violation of Section 
76-5-207
 for
an offense that occurred after May 1, 2006.
(ii) "Interlock restricted driver" does not include a person:
(A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
Section 
41-6a-502
 that does not involve alcohol or a conviction under Section 
41-6a-517
 and
whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under
Section 
41-6a-502
 that did not involve alcohol or convictions under Section 
41-6a-517
;
(B) whose conviction described in Subsection (1)(b)(i)(B) or (F) is a conviction under
Section 
41-6a-502
 that does not involve alcohol and the convicting court notifies the Driver
License Division at the time of sentencing that the conviction does not involve alcohol; or
(C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) is a conviction
under Section 
41-6a-502
 that does not involve alcohol and the ignition interlock restriction is
removed as described in Subsection (7).
(2) The division shall post the ignition interlock restriction on a person's electronic
record that is available to law enforcement.
(3) For purposes of this section, a plea of guilty or no contest to a violation of Section
41-6a-502
 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
reduced or dismissed in accordance with the plea in abeyance agreement.
(4) An interlock restricted driver who operates or is in actual physical control of a
vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
(5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
(a) the interlock restricted driver operated or was in actual physical control of a vehicle
owned by the interlock restricted driver's employer;
(b) the interlock restricted driver had given written notice to the employer of the
interlock restricted driver's interlock restricted status prior to the operation or actual physical
control under Subsection (5)(a);
(c) the interlock restricted driver had on the interlock restricted driver's person, or in
the vehicle, at the time of operation or physical control employer verification, as defined in
Subsection 
41-6a-518
(1); and
(d) the operation or actual physical control described in Subsection (5)(a) was in the
scope of the interlock restricted driver's employment.
(6) The affirmative defense described in Subsection (5) does not apply to:
(a) an employer-owned motor vehicle that is made available to an interlock restricted
driver for personal use; or
(b) a motor vehicle owned by a business entity that is entirely or partly owned or
controlled by the interlock restricted driver.
(7) (a) An individual with an ignition interlock restriction may petition the division for
removal of the restriction if the individual's offense did not involve alcohol.
(b) If the division is able to establish that an individual's offense did not involve
alcohol, the division may remove the ignition interlock restriction.
(8) (a) (i) An individual with an ignition interlock restriction may petition the division
for removal of the restriction if the individual has a medical condition that prohibits the
individual from properly using an ignition interlock system.
(ii) In support of a petition under Subsection (8)(a)(i), the individual shall provide
documentation from a physician that describes the individual's medical condition and whether
the individual's medical condition would prohibit the individual from being able to properly
use an ignition interlock system.
(b) If the division is able to establish that an individual is unable to properly use an
ignition interlock system for a medical condition, the division may remove the ignition
interlock restriction.
Section 4. Section 
41-6a-521
 is amended to read:
41-6a-521.
Revocation hearing for refusal -- Appeal.
(1) (a) A person who has been notified of the Driver License Division's intention to
revoke the person's license under Section 
41-6a-520
 is entitled to a hearing.
(b) A request for the hearing shall be made in writing within 10 calendar days after the
day on which notice is provided.
(c) Upon request in a manner specified by the Driver License Division, the Driver
License Division shall grant to the person an opportunity to be heard within 29 days after the
date of arrest.
(d) If the person does not make a request for a hearing before the Driver License
Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
is revoked beginning on the 45th day after the date of arrest:
(i) for a person 21 years [
of age
] 
old
 or older on the date of arrest, for a period of:
(A) 
except as provided in Subsection (1)(d)(i)(B),
months[
, unless Subsection
(1)(d)(i)(B) applies
]; or
(B) 36 months[
, if the arrest was made on or after July 1, 2009, and the person has had
a previous
] 
if the person previously committed an offense that occurred within the preceding
years from the date of the arrest that resulted in a
:
(I) license sanction [
for an offense that occurred within the previous 10 years from the
date of arrest
] under Section 
41-6a-517
, 
41-6a-520
, 
41-6a-530
, 
53-3-223
, or 
53-3-231
; [
or
]
(II) conviction [
for an offense that occurred within the previous 10 years from the date
of arrest
] under Section 
41-6a-502
 or a statute previously in effect in this state that would
constitute a violation of Section 
41-6a-502
;
(III) conviction for an offense under Section 
76-5-102.1
; or
(IV) conviction for an offense under Section 
76-6-207
; or
(ii) for a person under 21 years [
of age
] 
old
 on the date of arrest:
(A) 
except as provided in Subsection (1)(d)(ii)(B),
 until the person is 21 years [
of age
]
old
 or for a period of two years, whichever is longer[
, if the arrest was made on or after July 1,
2011, unless Subsection (1)(d)(ii)(B) applies
]; or
(B) until the person is 21 years [
of age
] 
old
 or for a period of 36 months, whichever is
longer, [
if the arrest was made on or after July 1, 2009, and the person has had a previous
] 
if
the person previously committed an offense that occurred within the preceding 10 years from
the date of the arrest that resulted in a
:
(I) license sanction [
for an offense that occurred within the previous 10 years from the
date of arrest
] under Section 
41-6a-517
, 
41-6a-520
, 
41-6a-530
, 
53-3-223
, or 
53-3-231
; or
(II) conviction for an offense [
that occurred within the previous 10 years from the date
of arrest
] under Section 
41-6a-502
 or a statute previously in effect in this state that would
constitute a violation of Section 
41-6a-502
; [
or
]
(III) conviction for an offense under Section 
76-5-102.1
; or
(IV) conviction for an offense under Section 
76-5-207
.
[
(iii) for a person that was arrested prior to July 1, 2009, for the suspension periods in
effect prior to July 1, 2009.
]
(2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
the hearing shall be conducted by the Driver License Division in:
(i) the county in which the offense occurred; or
(ii) a county which is adjacent to the county in which the offense occurred.
(b) The Driver License Division may hold a hearing in some other county if the Driver
License Division and the person both agree.
(3) The hearing shall be documented and shall cover the issues of:
(a) whether a peace officer had reasonable grounds to believe that a person was
operating a motor vehicle in violation of Section 
41-6a-502
, 
41-6a-517
, 
41-6a-530
, or
53-3-231
; and
(b) whether the person refused to submit to the test or tests under Section 
41-6a-520
.
(4) (a) In connection with the hearing, the division or its authorized agent:
(i) may administer oaths and may issue subpoenas for the attendance of witnesses and
the production of relevant books and papers; and
(ii) shall issue subpoenas for the attendance of necessary peace officers.
(b) The Driver License Division shall pay witness fees and mileage from the
Transportation Fund in accordance with the rates established in Section 
78B-1-119
.
(5) (a) If after a hearing, the Driver License Division determines that the person was
requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
person fails to appear before the Driver License Division as required in the notice, the Driver
License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
beginning on the date the hearing is held:
(i) for a person 21 years [
of age
] 
old
 or older on the date of arrest, for a period of:
(A) 
except as provided in Subsection (5)(a)(i)(B),
months [
unless Subsection
(5)(a)(i)(B) applies
]; or
(B) 36 months[
, if the arrest was made on or after July 1, 2009, and the person has had
a previous
] 
if the person previously committed an offense that occurred within the preceding
years from the date of the arrest that resulted in a
:
(I) license sanction [
for an offense that occurred within the previous 10 years from the
date of arrest
] under Section 
41-6a-517
, 
41-6a-520
, 
41-6a-530
, 
53-3-223
, or 
53-3-231
; [
or
]
(II) conviction [
for an offense that occurred within the previous 10 years from the date
of arrest
] under Section 
41-6a-502
 or a statute previously in effect in this state that would
constitute a violation of Section 
41-6a-502
;
(III) conviction for an offense under Section 
76-5-102.1
; or
(IV) conviction for an offense under Section 
76-5-207
; or
(ii) for a person under 21 years of age on the date of arrest:
(A) 
except as provided in Subsection (5)(a)(ii)(B),
 until the person is 21 years [
of age
]
old
 or for a period of two years, whichever is longer[
, for an arrest that was made on or after
July 1, 2011, and unless Subsection (5)(a)(ii)(B) applies
]; or
(B) until the person is 21 years of age or for a period of 36 months, whichever is
longer, if [
the arrest was made on or after July 1, 2009, and the person has had a previous
] 
the
person previously committed an offense that occurred within the preceding 10 years from the
date of the arrest that resulted in a
:
(I) license sanction [
for an offense that occurred within the previous 10 years from the
date of arrest
] under Section 
41-6a-517
, 
41-6a-520
, 
41-6a-530
, 
53-3-223
, or 
53-3-231
; [
or
]
(II) conviction [
for an offense that occurred within the previous 10 years from the date
of arrest
] under Section 
41-6a-502
 or a statute previously in effect in this state that would
constitute a violation of Section 
41-6a-502
; [
or
]
(III) conviction for an offense under Section 
76-5-102.1
; or
(IV) conviction for an offense under Section 
76-5-207
.
[
(iii) for a person that was arrested prior to July 1, 2009, for the revocation periods in
effect prior to July 1, 2009.
]
(b) The Driver License Division shall also assess against the person, in addition to any
fee imposed under Subsection 
53-3-205
(12), a fee under Section 
53-3-105
, which shall be paid
before the person's driving privilege is reinstated, to cover administrative costs.
(c) The fee shall be cancelled if the person obtains an unappealed court decision
following a proceeding allowed under Subsection (2) that the revocation was improper.
(6) (a) Any person whose license has been revoked by the Driver License Division
under this section following an administrative hearing may seek judicial review.
(b) Judicial review of an informal adjudicative proceeding is a trial.
(c) Venue is in the district court in the county in which the offense occurred.
(7) If the Driver License Division revokes a person's license under Subsection
(1)(d)(i)(A) or (5)(a)(i)(A), the person may petition the division and elect to become an ignition
interlock restricted driver after the driver serves at least 90 days of the revocation if the person:
(a) has a valid driving privilege, with the exception of the revocation under Subsection
(1)(d)(i)(A) or (5)(a)(i)(A);
(b) installs an ignition interlock device in any vehicle owned or driven by the person in
accordance with Section 
53-3-1007
;
(c) pays the license reinstatement application fees described in Subsections
53-3-105
(26) and (27);
(d) pays the appropriate original license fees under Section 
53-3-105
; and
(e) completes the license application process including successful completion of
required testing.
(8) (a) A person who elects to become an ignition interlock restricted driver under
Subsection (7) shall remain an ignition interlock restricted driver for a period of three years.
(b) If the person described under Subsection (8)(a) removes an ignition interlock
device from a vehicle owned or driven by the person prior to the expiration of the three-year
ignition interlock restriction period and does not install a new ignition interlock device from
the same or a different ignition interlock provider within 24 hours:
(i) the person's driver license shall be revoked under Subsection (1)(d)(i)(A) or
(5)(a)(i)(A) from the original effective date of the revocation;
(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. 
Section 5. 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
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, 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
, 
41-6a-517
,
76-5-102.1
, or 
76-5-207
 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
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
,
or if a peace officer makes a determination, based on reasonable grounds, that the person is
otherwise in violation of Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
, 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
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
.
(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
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
;
(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
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, 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 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 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 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 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
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, 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
, 
41-6a-517
, 
76-5-102.1
, or 
76-5-207
, 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), 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) 
(i)
 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).
(ii)
 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 
and
does not install a new ignition interlock device from the same or a different provider within 24
hours
:
[
(i)
] 
(A)
 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)
] 
(B)
 the person is required to pay the license reinstatement application fee under
Subsection 
53-3-105
(26); and
[
(iii)
] 
(C)
 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 6. Section 
53-3-1007
 is amended to read:
53-3-1007.
Ignition interlock system provider -- Notification to the division upon
installation or removal of an ignition interlock system -- Monitoring and reporting
requirements -- Penalties.
(1) An ignition interlock system provider who installs an ignition interlock system on
[
a person's
] 
an individual's
 vehicle shall:
(a) provide proof of installation to the [
person
] 
individual
; and
(b) electronically notify the division of installation of an ignition interlock system on
the [
person's
] 
individual's
 vehicle.
(2) An ignition interlock system provider shall electronically notify the division if [
a
person
] 
an individual
 has
:
(a)
 removed an ignition interlock system from the [
person's
] 
individual's
 vehicle[
.
]
;
(b) attempted to start the motor vehicle with a measurable breath alcohol concentration,
and the attempt to start the motor vehicle was prevented by the ignition interlock system,
including the date and time of each attempt; or
(c) failed to report to the ignition interlock provider for the purpose of monitoring the
device every 30 days, or more frequently if ordered by the court as described in Subsection
41-62-518
(5)(a).
(3) If an individual is an interlock restricted driver 
and the individual removes an
ignition interlock system as described in Subsection (2)(a)
, the division shall:
(a) suspend the [
person's
] 
individual's
 driving privilege for the duration of the
restriction period as defined in Section 
41-6a-518.2
; and
(b) notify the [
person
] 
individual
 of the suspension period in place and the
requirements for reinstatement of the driving privilege with respect to the ignition interlock
restriction suspension.
(4) The division shall clear a suspension described in Subsection (3) upon:
(a) receipt of payment of the fee or fees required under Section 
53-3-105
; and
(b) (i) receipt of electronic notification from an ignition interlock system provider
showing proof of the installation of an ignition interlock system on the [
person's
] 
individual's
vehicle or the vehicle the [
person
] 
individual
 will be operating;
(ii) if the [
person
] 
individual
 does not own a vehicle or will not be operating a vehicle
owned by another individual:
(A) electronic verification that the [
person
] 
individual
 does not have a vehicle
registered in the [
person's
] 
individual's
 name in the state; and
(B) receipt of employer verification, as defined in Subsection 
41-6a-518
(1); or
(iii) if the [
person
] 
individual
 is not a resident of Utah, electronic verification that the
[
person
] 
individual
 is licensed in the [
person's
] 
individual's
 state of residence or is in the
process of obtaining a license in the [
person's
] 
individual's
 state of residence.
(5) If Subsection (4)(b)(ii) applies, the division shall every six months:
(a) electronically verify the [
person
] 
individual
 does not have a vehicle registered in the
[
person's
] 
individual's
 name in the state; and
(b) require the [
person
] 
individual
 to provide updated documentation described in
Subsection (4)(b)(ii).
(6) If the [
person
] 
individual
 described in Subsection (5) does not provide the required
documentation described in Subsection (4)(b)(ii), the division shall suspend the [
person's
]
individual's
 driving privilege until:
(a) the division receives payment of the fee or fees required under Section 
53-3-105
;
and
(b) (i) the division:
(A) receives electronic notification from an ignition interlock system provider showing
proof of the installation of an ignition interlock system on the [
person's
] 
individual's
 vehicle or
the vehicle the [
person
] 
individual
 will be operating; or
(B) if the [
person
] 
individual
 does not own a vehicle or will not be operating a vehicle
owned by another individual, receives electronic verification that the [
person
] 
individual
 does
not have a vehicle registered in the [
person's
] 
individual's
 name in the state, and receives
employer verification, as defined in Subsection 
41-6a-518
(1); or
(ii) if the [
person
] 
individual
 is not a resident of Utah, electronic verification that the
[
person
] 
individual
 is licensed in the [
person's
] 
individual's
 state of residence or is in the
process of obtaining a license in the [
person's
] 
individual's
 state of residence.
(7) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
Act, the division shall suspend the license of any [
person
] 
individual
 without receiving a record
of the [
person's
] 
individual's
 conviction of crime seven days after receiving electronic
notification from an ignition interlock system provider that [
a person
] 
an individual
 has
removed an ignition interlock system from the [
person's
] 
individual's
 vehicle or a vehicle
owned by another individual and operated by the [
person
] 
individual
 if the [
person
] 
individual
is an interlock restricted driver until:
(a) the division receives payment of the fee or fees specified in Section 
53-3-105
; and
(b) (i) (A) the division receives electronic notification from an ignition interlock
system provider showing new proof of the installation of an ignition interlock system on the
[
person's
] 
individual's
 vehicle or the vehicle the [
person
] 
individual
 will be operating; or
(B) if the [
person
] 
individual
 does not own a vehicle or will not be operating a vehicle
owned by another individual, the division receives electronic verification that the [
person
]
individual
 does not have a vehicle registered in the [
person's
] 
individual's
 name in the state,
and receives employer verification, as defined in Subsection 
41-6a-518
(1);
(ii) if the [
person
] 
individual
 is not a resident of Utah, the division receives electronic
verification that the [
person
] 
individual
 is licensed in the [
person's
] 
individual's
 state of
residence or is in the process of obtaining a license in the [
person's
] 
individual's
 state of
residence; or
(iii) the [
person's
] 
individual's
 interlock restricted period has expired.
(8) (a) Upon receipt of a notice described in Subsection (2)(b) or (2)(c), the division
shall extend the individual's ignition interlock restriction period by 60 days.
(b) The division shall notify the individual of the modified ignition interlock restriction
period described in Subsection (8)(a).
[
(8)
] 
(9)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the division shall make rules establishing:
(a) procedures for certification and regulation of ignition interlock system providers;
(b) acceptable documentation for proof of the installation of an ignition interlock
device;
(c) procedures for an ignition interlock system provider to electronically notify the
division;
(d) procedures for an ignition interlock system provider to provide monitoring of an
ignition interlock system and reporting the results of monitoring;
(e) procedures for the removal of an ignition interlock restriction if the individual has a
medical condition that prohibits the individual from properly using an ignition interlock system
as described in Subsection 
41-6a-518.2
(8);
 and
[
(d)
] 
(f)
 policies and procedures for the administration of the ignition interlock system
program created under this section.