Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 369 First Substitute (2023GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• combines separate sections that include the elements of a driving under the influence offense into a single section;
• combines separate sections that include the elements of a refusal of a chemical test offense into a single section; and
• makes technical changes.

Every vote on this bill

Bill text

DUI AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill amends provisions related to driving under the influence and refusal of a
chemical test.
Highlighted Provisions:
This bill:
▸ combines separate sections that include the elements of a driving under the
influence offense into a single section;
▸ combines separate sections that include the elements of a refusal of a chemical test
offense into a single section; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
24-4-102
, as last amended by Laws of Utah 2022, Chapters 116, 274
31A-22-303
, as last amended by Laws of Utah 2020, Chapter 76
41-6a-501
, as last amended by Laws of Utah 2022, Chapter 116
41-6a-502
, as last amended by Laws of Utah 2022, Chapter 415
41-6a-505
, as last amended by Laws of Utah 2022, Chapters 116, 134 and 137
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-520
, as last amended by Laws of Utah 2022, Chapters 116, 134
41-6a-521.1
, as enacted by Laws of Utah 2020, Chapter 177
41-6a-527
, as last amended by Laws of Utah 2017, Chapter 181
41-6a-529
, as last amended by Laws of Utah 2022, Chapter 116
53-3-218
, as last amended by Laws of Utah 2022, Chapter 426
53-3-220
, as last amended by Laws of Utah 2022, Chapter 116
53-3-227
, as last amended by Laws of Utah 2008, Chapter 250
58-37f-201
, as last amended by Laws of Utah 2022, Chapter 116
58-37f-703
, as last amended by Laws of Utah 2016, Chapter 99
76-5-102.1
, as enacted by Laws of Utah 2022, Chapter 116
76-5-207
, as last amended by Laws of Utah 2022, Chapters 116, 181 and last amended
by Coordination Clause, Laws of Utah 2022, Chapter 116
77-2a-3
, as last amended by Laws of Utah 2022, Chapter 116
ENACTS:
41-6a-520.1
, Utah Code Annotated 1953
REPEALS:
41-6a-503
, as last amended by Laws of Utah 2022, Chapters 116, 134 and 137
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
24-4-102
 is amended to read:
24-4-102.
Property subject to forfeiture.
(1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:
(a) seized property that was used to facilitate the commission of an offense that is a
violation of federal or state law; and
(b) seized proceeds.
(2) If seized property is used to facilitate an offense that is a violation of Section
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
, an agency may not forfeit the property if
the forfeiture would constitute a prior restraint on the exercise of an affected party's rights
under the First Amendment to the Constitution of the United States or Utah Constitution,
Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party's
rights under the First Amendment to the Constitution of the United States or Utah Constitution,
Article I, Section 15.
(3) If a motor vehicle is used in an offense that is a violation of Section 
41-6a-502
,
41-6a-517
, a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1),
Subsection 
76-5-102.1
(2)(b), or Section 
76-5-207
, an agency may not seek forfeiture of the
motor vehicle, unless:
(a) the operator of the vehicle has previously been convicted of an offense committed
after May 12, 2009, that is:
(i) a felony driving under the influence violation under Section 
41-6a-502
 or
Subsection 
76-5-102.1
(2)(a);
(ii) a felony violation under Subsection 
76-5-102.1
(2)(b);
(iii) a violation under Section 
76-5-207
; or
(iv) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g); or
(b) the operator of the vehicle was driving on a denied, suspended, revoked, or
disqualified license and:
(i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
was imposed because of a violation under:
(A) Section 
41-6a-502
;
(B) Section 
41-6a-517
;
(C) a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(D) Section [
41-6a-520
] 
41-6a-520.1
;
(E) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(F) Section 
76-5-102.1
;
(G) Section 
76-5-207
; or
(H) a criminal prohibition as a result of a plea bargain after having been originally
charged with violating one or more of the sections or ordinances described in Subsections
(3)(b)(i)(A) through (G); or
(ii) the denial, suspension, revocation, or disqualification described in Subsections
(3)(b)(i)(A) through (H):
(A) is an extension imposed under Subsection 
53-3-220
(2) of a denial, suspension,
revocation, or disqualification; and
(B) the original denial, suspension, revocation, or disqualification was imposed
because of a violation described in Subsections (3)(b)(i)(A) through (H).
(4) If a peace officer seizes property incident to an arrest solely for possession of a
controlled substance under Subsection 
58-37-8
(2)(a)(i) but not Subsection 
58-37-8
(2)(b)(i), an
agency may not seek to forfeit the property that was seized in accordance with the arrest.
Section 2. Section 
31A-22-303
 is amended to read:
31A-22-303.
Motor vehicle liability coverage.
(1) (a) In addition to complying with the requirements of Chapter 21, Insurance
Contracts in General, and [
Chapter 22, Part 2, Liability Insurance in General
] 
Part 2, Liability
Insurance in General
, a policy of motor vehicle liability coverage under Subsection
31A-22-302
(1)(a) shall:
(i) name the motor vehicle owner or operator in whose name the policy was purchased,
state that named insured's address, the coverage afforded, the premium charged, the policy
period, and the limits of liability;
(ii) (A) if it is an owner's policy, designate by appropriate reference all the motor
vehicles on which coverage is granted, insure the person named in the policy, insure any other
person using any named motor vehicle with the express or implied permission of the named
insured, and, except as provided in Section 
31A-22-302.5
, insure any person included in
Subsection (1)(a)(iii) against loss from the liability imposed by law for damages arising out of
the ownership, maintenance, or use of these motor vehicles within the United States and
Canada, subject to limits exclusive of interest and costs, for each motor vehicle, in amounts not
less than the minimum limits specified under Section 
31A-22-304
; or
(B) if it is an operator's policy, insure the person named as insured against loss from
the liability imposed upon him by law for damages arising out of the insured's use of any motor
vehicle not owned by him, within the same territorial limits and with the same limits of liability
as in an owner's policy under Subsection (1)(a)(ii)(A);
(iii) except as provided in Section 
31A-22-302.5
, insure persons related to the named
insured by blood, marriage, adoption, or guardianship who are residents of the named insured's
household, including those who usually make their home in the same household but
temporarily live elsewhere, to the same extent as the named insured;
(iv) where a claim is brought by the named insured or a person described in Subsection
(1)(a)(iii), the available coverage of the policy may not be reduced or stepped-down because:
(A) a permissive user driving a covered motor vehicle is at fault in causing an accident;
or
(B) the named insured or any of the persons described in [
this
] Subsection (1)(a)(iii)
driving a covered motor vehicle is at fault in causing an accident; and
(v) cover damages or injury resulting from a covered driver of a motor vehicle who is
stricken by an unforeseeable paralysis, seizure, or other unconscious condition and who is not
reasonably aware that paralysis, seizure, or other unconscious condition is about to occur to the
extent that a person of ordinary prudence would not attempt to continue driving.
(b) The driver's liability under Subsection (1)(a)(v) is limited to the insurance
coverage.
(c) (i) "Guardianship" under Subsection (1)(a)(iii) includes the relationship between a
foster parent and a minor who is in the legal custody of the Division of Child and Family
Services if:
(A) the minor resides in a foster home, as defined in Section 
62A-2-101
, with a foster
parent who is the named insured; and
(B) the foster parent has signed to be jointly and severally liable for compensatory
damages caused by the minor's operation of a motor vehicle in accordance with Section
53-3-211
.
(ii) "Guardianship" as defined under this Subsection (1)(c) ceases to exist when a
minor described in Subsection (1)(c)(i)(A) is no longer a resident of the named insured's
household.
(2) (a) A policy containing motor vehicle liability coverage under Subsection
31A-22-302
(1)(a) may:
(i) provide for the prorating of the insurance under that policy with other valid and
collectible insurance;
(ii) grant any lawful coverage in addition to the required motor vehicle liability
coverage;
(iii) if the policy is issued to a person other than a motor vehicle business, limit the
coverage afforded to a motor vehicle business or its officers, agents, or employees to the
minimum limits under Section 
31A-22-304
, and to those instances when there is no other valid
and collectible insurance with at least those limits, whether the other insurance is primary,
excess, or contingent; and
(iv) if issued to a motor vehicle business, restrict coverage afforded to anyone other
than the motor vehicle business or its officers, agents, or employees to the minimum limits
under Section 
31A-22-304
, and to those instances when there is no other valid and collectible
insurance with at least those limits, whether the other insurance is primary, excess, or
contingent.
(b) (i) The liability insurance coverage of a permissive user of a motor vehicle owned
by a motor vehicle business shall be primary coverage.
(ii) The liability insurance coverage of a motor vehicle business shall be secondary to
the liability insurance coverage of a permissive user as specified under Subsection (2)(b)(i).
(3) Motor vehicle liability coverage need not insure any liability:
(a) under any workers' compensation law under Title 34A, Utah Labor Code;
(b) resulting from bodily injury to or death of an employee of the named insured, other
than a domestic employee, while engaged in the employment of the insured, or while engaged
in the operation, maintenance, or repair of a designated vehicle; or
(c) resulting from damage to property owned by, rented to, bailed to, or transported by
the insured.
(4) An insurance carrier providing motor vehicle liability coverage has the right to
settle any claim covered by the policy, and if the settlement is made in good faith, the amount
of the settlement is deductible from the limits of liability specified under Section 
31A-22-304
.
(5) A policy containing motor vehicle liability coverage imposes on the insurer the
duty to defend, in good faith, any person insured under the policy against any claim or suit
seeking damages which would be payable under the policy.
(6) (a) If a policy containing motor vehicle liability coverage provides an insurer with
the defense of lack of cooperation on the part of the insured, that defense is not effective
against a third person making a claim against the insurer, unless there was collusion between
the third person and the insured.
(b) If the defense of lack of cooperation is not effective against the claimant, after
payment, the insurer is subrogated to the injured person's claim against the insured to the extent
of the payment and is entitled to reimbursement by the insured after the injured third person has
been made whole with respect to the claim against the insured.
(7) (a) A policy of motor vehicle coverage may limit coverage to the policy minimum
limits under Section 
31A-22-304
 if the policy or a specifically reduced premium was extended
to the insured upon express written declaration executed by the insured that the insured motor
vehicle would not be operated by a person described in Subsection (7)(c) operating in a manner
described in Subsection (7)(b)(i).
(b) (i) A policy of motor vehicle liability coverage may limit coverage as described in
Subsection (7)(a) if the insured motor vehicle is operated by an individual described in
Subsection (7)(c) if the individual described in Subsection (7)(c) is guilty of:
(A) driving under the influence as described in Section 
41-6a-502
;
(B) impaired driving as described in Section 
41-6a-502.5
; or
(C) operating a vehicle with a measurable controlled substance in the individual's body
as described in Section 
41-6a-517
.
(ii) An individual's refusal to submit to a chemical test as described in [
Section
]
Sections
41-6a-520
and 
41-6a-520.1
 is admissible evidence, but not conclusive, that the
individual is guilty of an offense described in Subsection (7)(b)(i).
(c) A reduction in coverage as described in Subsection (7)(a) applies to the following
individuals:
(i) the insured;
(ii) the spouse of the insured; or
(iii) if the individual has a separate policy as a secondary source of coverage, and:
(A) the individual is over the age of 21 and resides in the household of the insured; or
(B) the individual is a permissible user of the motor vehicle.
(d) A reduction in coverage as described in Subsection (7)(a) does not apply to an
individual under the age of 21 who is a relative of the insured and a resident of the insured's
household.
(8) (a) When a claim is brought exclusively by a named insured or a person described
in Subsection (1)(a)(iii) and asserted exclusively against a named insured or an individual
described in Subsection (1)(a)(iii), the claimant may elect to resolve the claim:
(i) by submitting the claim to binding arbitration; or
(ii) through litigation.
(b) Once the claimant has elected to commence litigation under Subsection (8)(a)(ii),
the claimant may not elect to resolve the claim through binding arbitration under this section
without the written consent of both parties and the defendant's liability insurer.
(c) (i) Unless otherwise agreed on in writing by the parties, a claim that is submitted to
binding arbitration under Subsection (8)(a)(i) shall be resolved by a panel of three arbitrators.
(ii) Unless otherwise agreed on in writing by the parties, each party shall select an
arbitrator. The arbitrators selected by the parties shall select a third arbitrator.
(d) Unless otherwise agreed on in writing by the parties, each party will pay the fees
and costs of the arbitrator that party selects. Both parties shall share equally the fees and costs
of the third arbitrator.
(e) Except as otherwise provided in this section, an arbitration procedure conducted
under this section shall be governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act,
unless otherwise agreed on in writing by the parties.
(f) (i) Discovery shall be conducted in accordance with Rules 26b through 36, Utah
Rules of Civil Procedure.
(ii) All issues of discovery shall be resolved by the arbitration panel.
(g) A written decision of two of the three arbitrators shall constitute a final decision of
the arbitration panel.
(h) Prior to the rendering of the arbitration award:
(i) the existence of a liability insurance policy may be disclosed to the arbitration
panel; and
(ii) the amount of all applicable liability insurance policy limits may not be disclosed to
the arbitration panel.
(i) The amount of the arbitration award may not exceed the liability limits of all the
defendant's applicable liability insurance policies, including applicable liability umbrella
policies. If the initial arbitration award exceeds the liability limits of all applicable liability
insurance policies, the arbitration award shall be reduced to an amount equal to the liability
limits of all applicable liability insurance policies.
(j) The arbitration award is the final resolution of all claims between the parties unless
the award was procured by corruption, fraud, or other undue means.
(k) If the arbitration panel finds that the action was not brought, pursued, or defended
in good faith, the arbitration panel may award reasonable fees and costs against the party that
failed to bring, pursue, or defend the claim in good faith.
(l) Nothing in this section is intended to limit any claim under any other portion of an
applicable insurance policy.
(9) An at-fault driver or an insurer issuing a policy of insurance under this part that is
covering an at-fault driver may not reduce compensation to an injured party based on the
injured party not being covered by a policy of insurance that provides personal injury
protection coverage under Sections 
31A-22-306
 through 
31A-22-309
.
Section 3. Section 
41-6a-501
 is amended to read:
41-6a-501.
Definitions.
(1) As used in this part:
(a) "Actual physical control" is determined by a consideration of the totality of the
circumstances, but does not include a circumstance in which:
(i) the person is asleep inside the vehicle;
(ii) the person is not in the driver's seat of the vehicle;
(iii) the engine of the vehicle is not running;
(iv) the vehicle is lawfully parked; and
(v) under the facts presented, it is evident that the person did not drive the vehicle to
the location while under the influence of alcohol, a drug, or the combined influence of alcohol
and any drug.
(b) "Assessment" means an in-depth clinical interview with a licensed mental health
therapist:
(i) used to determine if a person is in need of:
(A) substance abuse treatment that is obtained at a substance abuse program;
(B) an educational series; or
(C) a combination of Subsections (1)(b)(i)(A) and (B); and
(ii) that is approved by the Division of Substance Abuse and Mental Health in
accordance with Section 
62A-15-105
.
(c) "Driving under the influence court" means a court that is approved as a driving
under the influence court by the Utah Judicial Council according to standards established by
the Judicial Council.
(d) "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 
58-37-2
;
(ii) a drug as defined in Section 
58-17b-102
; or
(iii) a substance that, when knowingly, intentionally, or recklessly taken into the human
body, can impair the ability of a person to safely operate a motor vehicle.
(e) "Educational series" means an educational series obtained at a substance abuse
program that is approved by the Division of Substance Abuse and Mental Health in accordance
with Section 
62A-15-105
.
(f) "Negligence" means simple negligence, the failure to exercise that degree of care
that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(g) "Novice learner driver" means an individual who:
(i) has applied for a Utah driver license;
(ii) has not previously held a driver license in this state or another state; and
(iii) has not completed the requirements for issuance of a Utah driver license.
(h) "Screening" means a preliminary appraisal of a person:
(i) used to determine if the person is in need of:
(A) an assessment; or
(B) an educational series; and
(ii) that is approved by the Division of Substance Abuse and Mental Health in
accordance with Section 
62A-15-105
.
(i) "Serious bodily injury" means bodily injury that creates or causes:
(i) serious permanent disfigurement;
(ii) protracted loss or impairment of the function of any bodily member or organ; or
(iii) a substantial risk of death.
(j) "Substance abuse treatment" means treatment obtained at a substance abuse
program that is approved by the Division of Substance Abuse and Mental Health in accordance
with Section 
62A-15-105
.
(k) "Substance abuse treatment program" means a state licensed substance abuse
program.
(l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
Section 
41-6a-102
; and
(ii) "Vehicle" or "motor vehicle" includes:
(A) an off-highway vehicle as defined under Section 
41-22-2
; and
(B) a motorboat as defined in Section 
73-18-2
.
(2) As used in [
Section 
41-6a-503
] 
Sections 
41-6a-502
 and 
41-6a-520.1
:
(a) "Conviction" means any conviction arising from a separate episode of driving for a
violation of:
(i) driving under the influence under Section 
41-6a-502
;
(ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
combination of both-related reckless driving under[
:
] 
Sections 
41-6a-512
 and 
41-6a-528
; or
[
(I) Section 
41-6a-512
; and
]
[
(II) Section 
41-6a-528
; or
]
(B) for an offense committed on or after July 1, 2008, impaired driving under Section
41-6a-502.5
;
(iii) driving with any measurable controlled substance that is taken illegally in the body
under Section 
41-6a-517
;
(iv) local ordinances similar to Section 
41-6a-502
, alcohol, any drug, or a combination
of both-related reckless driving, or impaired driving under Section 
41-6a-502.5
 adopted in
compliance with Section 
41-6a-510
;
(v) Section 
76-5-207
;
(vi) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(vii) negligently operating a vehicle resulting in injury under Section 
76-5-102.1
;
(viii) a violation described in Subsections (2)(a)(i) through (vii), which judgment of
conviction is reduced under Section 
76-3-402
;
(ix) refusal of a chemical test under Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
; or
(x) statutes or ordinances previously in effect in this state or in effect in any other state,
the United States, or any district, possession, or territory of the United States which would
constitute a violation of Section 
41-6a-502
 or alcohol, any drug, or a combination of
both-related reckless driving if committed in this state, including punishments administered
under 10 U.S.C. Sec. 815.
(b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
through (x) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
(i) enhancement of penalties under this [
Chapter 6a, Part 5, Driving Under the
Influence and Reckless Driving
] 
part
; and
(ii) expungement under [
Title 77, Chapter 40, Expungement
] 
Title 77, Chapter 40a,
Expungement
.
(c) An admission to a violation of Section 
41-6a-502
 in juvenile court is the equivalent
of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
(i) this part;
(ii) negligently operating a vehicle resulting in injury under Section 
76-5-102.1
; and
(iii) negligently operating a vehicle resulting in death under Section 
76-5-207
.
(3) As used in Section 
41-6a-505
, "controlled substance" does not include an inactive
metabolite of a controlled substance.
Section 4. Section 
41-6a-502
 is amended to read:
41-6a-502.
Driving under the influence of alcohol, drugs, or a combination of
both or with specified or unsafe blood alcohol concentration -- Penalities -- Reporting of
convictions.
(1) [
A person may not operate or be
] 
An actor commits driving under the influence if
the actor operates or is
 in actual physical control of a vehicle within this state if the [
person
]
actor
:
(a) has sufficient alcohol in the [
person's
] 
actor's
 body that a subsequent chemical test
shows that the [
person
] 
actor
 has a blood or breath alcohol concentration of .05 grams or
greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the [
person
] 
actor
 incapable of safely operating a vehicle;
or
(c) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation or actual physical control.
(2) (a) A violation of Subsection (1) is a class B misdemeanor.
(b) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A
misdemeanor if the actor:
(i) has a passenger younger than 16 years old in the vehicle at the time of the offense;
(ii) is 21 years old or older and has a passenger younger than 18 years old in the vehicle
at the time of the offense;
(iii) the actor also violated Section 
41-6a-712
 or 
41-6a-714
 at the time of the offense;
or
(iv) has one prior conviction within 10 years of:
(A) the current conviction under Subsection (1); or
(B) the commission of the offense upon which the current conviction is based.
(c) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree
felony if:
(i) the actor has two or more prior convictions each of which is within 10 years of:
(A) the current conviction; or
(B) the commission of the offense upon which the current conviction is based; or
(ii) the current conviction is at any time after a conviction of:
(A) a violation of Section 
76-5-207
;
(B) a felony violation of this section, Section 
76-5-102.1
, 
41-6a-520.1
, or a statute
previously in effect in this state that would constitute a violation of this section; or
(C) any conviction described in Subsection (2)(c)(ii)(A) or (B) which judgment of
conviction is reduced under Section 
76-3-402
.
[
(2)
] 
(3)
 Alcohol concentration in the blood shall be based upon grams of alcohol per
100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
alcohol per 210 liters of breath.
[
(3)
] 
(4)
 A violation of this section includes a violation under a local ordinance similar
to this section adopted in compliance with Section 
41-6a-510
.
[
(4)
] 
(5)
 [
Beginning on July 1, 2012, a
] 
A
 court shall, monthly, send to the Division of
Professional Licensing, created in Section 
58-1-103
, a report containing the name, case
number, and, if known, the date of birth of each person convicted during the preceding month
of a violation of this section for whom there is evidence that the person was driving under the
influence, in whole or in part, of a prescribed controlled substance.
[
(5)
] 
(6)
 An offense described in this section is a strict liability offense.
[
(6)
] 
(7)
 A guilty or no contest plea to an offense described in this section may not be
held in abeyance.
(8) An actor is guilty of a separate offense under Subsection (1) for each passenger in
the vehicle that is younger than 16 years old at the time of the offense.
Section 5. 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
 where there is
admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
substance, or had a combination of two or more controlled substances in the individual's body
that were not recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis
Act or prescribed:
(a) the court shall:
(i) (A) impose a jail sentence of not less than five days; or
(B) impose a jail sentence of not less than two days in addition to home confinement of
not fewer than 30 consecutive days 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 (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
;
(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;
(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; 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 the individual to participate in a 24/7 sobriety program as defined in Section
41-6a-515.5
 if the individual is 21 years old or older; or
(iii) order a combination of Subsections (1)(b)(i) and (ii).
(2) (a) If an individual described in Subsection (1) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (1)(a).
(b) If an individual described in Subsection (1) fails to successfully complete all of the
requirements of the 24/7 sobriety program, the court shall impose the suspended jail sentence
described in Subsection (2)(a).
(3) As part of any sentence for any first conviction of Section 
41-6a-502
 not described
in Subsection (1):
(a) the court shall:
(i) (A) impose a jail sentence of not less than two days; 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 (3)(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 (3)(b);
(v) impose a fine of not less than $700;
(vi) (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
(vii) (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 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 old or older; or
(iv) order a combination of Subsections (3)(b)(i) through (iii).
(4) (a) If an individual described in Subsection (3) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (3)(a).
(b) If an individual described in Subsection (4)(a) fails to successfully complete all of
the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
sentence described in Subsection (4)(a).
(5) If an individual has a prior conviction as defined in [
Subsection 
41-6a-501
(2)
]
Section 
41-6a-501
 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 and where there is
admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
substance, or had a combination of two or more controlled substances in the individual's body
that were not recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis
Act or prescribed:
(a) the court shall:
(i) (A) impose a jail sentence of not less than 20 days;
(B) impose a jail sentence of not less than 10 days in addition to home confinement of
not fewer than 60 consecutive days through the use of electronic monitoring that includes a
substance abuse testing instrument in accordance with Section 
41-6a-506
; or
(C) impose a jail sentence of not less than 10 days in addition to ordering the
individual to obtain substance abuse treatment, if the court finds that substance abuse treatment
is more likely to reduce recidivism and is in the interests of public safety;
(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 (5)(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 (5)(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
;
(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
(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 old or older; or
(iii) order a combination of Subsections (5)(b)(i) and (ii).
(6) (a) If an individual described in Subsection (5) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (5)(a) after the individual has served a minimum of:
(i) five days of the jail sentence for a second offense; or
(ii) 10 days of the jail sentence for a third or subsequent offense.
(b) If an individual described in Subsection (6)(a) fails to successfully complete all of
the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
sentence described in Subsection (6)(a).
(7) If an individual has a prior conviction as defined in [
Subsection 
41-6a-501
(2)
]
Section 
41-6a-501
 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 and that does not
qualify under Subsection (5):
(a) the court shall:
(i) (A) impose a jail sentence of not less than 10 days; or
(B) impose a jail sentence of not less than 5 days in addition to home confinement of
not fewer than 30 consecutive days 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 (7)(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 (7)(b);
(v) impose a fine of not less than $800;
(vi) order probation for the individual in accordance with Section 
41-6a-507
;
(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
(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 old or older; or
(iii) order a combination of Subsections (7)(b)(i) and (ii).
(8) (a) If an individual described in Subsection (7) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (7)(a) after the individual has served a minimum of:
(i) five days of the jail sentence for a second offense; or
(ii) 10 days of the jail sentence for a third or subsequent offense.
(b) If an individual described in Subsection (8)(a) fails to successfully complete all of
the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
sentence described in Subsection (8)(a).
(9) Under Subsection [
41-6a-503
(3)
] 
41-6a-502
(2)(c)
, if the court suspends the
execution of a prison sentence and places the defendant on probation where there is admissible
evidence that the individual had a blood or breath alcohol level of .16 or higher, had a blood or
breath alcohol level of .05 in addition to any measurable controlled substance, or had a
combination of two or more controlled substances in the person's body that were not
recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act or
prescribed, the court shall impose:
(a) a fine of not less than $1,500;
(b) a jail sentence of not less than 120 days;
(c) home confinement of not fewer than 120 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in accordance with
Section 
41-6a-506
; and
(d) supervised probation.
(10) (a) For Subsection (9) or Subsection [
41-6a-503
(3)(a)
] 
41-6a-502
(2)(c)(i)
, the
court:
(i) shall impose an order requiring the individual to obtain a screening and assessment
for alcohol and substance abuse, and treatment as appropriate; and
(ii) 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 old or older.
(b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
of the requirements of the 24/7 sobriety program, the court shall impose the suspended prison
sentence described in Subsection (9).
(11) Under Subsection [
41-6a-503
(3)
] 
41-6a-502
(2)(c)
, if the court suspends the
execution of a prison sentence and places the defendant on probation with a sentence not
described in Subsection (9), the court shall impose:
(a) a fine of not less than $1,500;
(b) a jail sentence of not less than 60 days;
(c) home confinement of not fewer than 60 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in accordance with
Section 
41-6a-506
; and
(d) supervised probation.
(12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
requirements of this section.
(ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
(b) A court, with stipulation of both parties and approval from the judge, may convert a
jail sentence required in this section to electronic home confinement.
(c) A court may order a jail sentence imposed as a condition of misdemeanor probation
under this section to be served in multiple two-day increments at weekly intervals if the court
determines that separate jail increments are necessary to ensure the defendant can serve the
statutorily required jail term and maintain employment.
(13) If an individual is convicted of a violation of Section 
41-6a-502
 and there is
admissible evidence that the individual had a blood or breath 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), (3)(b), (5)(b), or (7)(b); 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 6. Section 
41-6a-518
 is amended to read:
41-6a-518.
Ignition interlock devices -- Use -- 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
]
41-6a-502
 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 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)
] 
Section 
41-6a-501
, 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 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; 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 7. Section 
41-6a-518.2
 is amended to read:
41-6a-518.2.
Interlock restricted driver -- Penalties for operation without ignition
interlock system.
(1) As used in this section:
(a) "Ignition interlock system" means a constant monitoring device or any similar
device that:
(i) is in working order at the time of operation or actual physical control; and
(ii) is certified by the Commissioner of Public Safety in accordance with Subsection
41-6a-518
(8).
(b) (i) "Interlock restricted driver" means a person who:
(A) has been ordered by a court or the Board of Pardons and Parole as a condition of
probation or parole not to operate a motor vehicle without an ignition interlock system;
(B) within the last 18 months has been convicted of a violation under Section
41-6a-502
, Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
, 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)
] 
Section 
41-6a-501
;
(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)
] 
41-6a-520.1
(1)
, or Section 
76-5-102.1
 and was under the age of 21
at the time the offense was committed;
(G) within the last six years has been convicted of a felony violation of Section
41-6a-502
, Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
, 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.
Section 8. Section 
41-6a-520
 is amended to read:
41-6a-520.
Implied consent to chemical tests for alcohol or drug -- Number of
tests -- Refusal -- Warning, report.
(1) (a) A person operating a motor vehicle in this state is considered to have given the
person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
the purpose of determining whether the person was operating or in actual physical control of a
motor vehicle while:
(i) having a blood or breath alcohol content statutorily prohibited under Section
41-6a-502
, 
41-6a-530
, or 
53-3-231
;
(ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
under Section 
41-6a-502
; or
(iii) having any measurable controlled substance or metabolite of a controlled
substance in the person's body in violation of Section 
41-6a-517
.
(b) A test or tests authorized under this Subsection (1) must be administered at the
direction of a peace officer having grounds to believe that person to have been operating or in
actual physical control of a motor vehicle while in violation of any provision under Subsections
(1)(a)(i) through (iii).
(c) (i) The peace officer determines which of the tests are administered and how many
of them are administered.
(ii) If a peace officer requests more than one test, refusal by a person to take one or
more requested tests, even though the person does submit to any other requested test or tests, is
a refusal under this section.
(d) (i) A person who has been requested under this section to submit to a chemical test
or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is
not a defense to taking a test requested by a peace officer, and it is not a defense in any
criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
requested test or tests.
(2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
submit to the test or tests may result in criminal prosecution, revocation of the person's license
to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or
detectable amount of alcohol in the person's body depending on the person's prior driving
history, and a three-year prohibition of driving without an ignition interlock device if the
person:
(i) has been placed under arrest;
(ii) has then been requested by a peace officer to submit to any one or more of the
chemical tests under Subsection (1); and
(iii) refuses to submit to any chemical test requested.
(b) (i) Following the warning under Subsection (2)(a), if the person does not
immediately request that the chemical test or tests as offered by a peace officer be
administered, a peace officer shall, on behalf of the Driver License Division and within 24
hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
privilege or license to operate a motor vehicle.
(ii) When a peace officer gives the notice on behalf of the Driver License Division, the
peace officer shall supply to the operator, in a manner specified by the Driver License Division,
basic information regarding how to obtain a hearing before the Driver License Division.
(c) As a matter of procedure, the peace officer shall submit a signed report, within 10
calendar days after the day on which notice is provided under Subsection (2)(b), that:
(i) the peace officer had grounds to believe the arrested person was in violation of any
provision under Subsections (1)(a)(i) through (iii); and
(ii) the person had refused to submit to a chemical test or tests under Subsection (1).
(3) Upon the request of the person who was tested, the results of the test or tests shall
be made available to the person.
(4) (a) The person to be tested may, at the person's own expense, have a physician or a
physician assistant of the person's own choice administer a chemical test in addition to the test
or tests administered at the direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of
the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
test or tests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the
direction of a peace officer.
(5) For the purpose of determining whether to submit to a chemical test or tests, the
person to be tested does not have the right to consult an attorney or have an attorney, physician,
or other person present as a condition for the taking of any test.
(6) Notwithstanding the provisions in this section, a blood test taken under this section
is subject to Section 
77-23-213
.
[
(7) A person is guilty of refusing a chemical test if a peace officer has issued the
warning required in Subsection (2)(a) and the person refuses to submit to a test of the person's
blood under Subsection (1) after a court has issued a warrant to draw and test the blood.
]
[
(8) A person who violates Subsection (7) commits an offense classified as a
misdemeanor or felony in accordance with Subsections 
41-6a-503
(1), (2), and (3).
]
[
(9) As part of any sentence for a conviction of violating this section, the court shall
impose the same sentencing as outlined for driving under the influence violations in Section
41-6a-505
, based on whether this is a first, second, or subsequent conviction as defined by
Subsection 
41-6a-501
(2), with the following modifications:
]
[
(a) any jail sentence shall be 24 consecutive hours more than would be required under
Section 
41-6a-505
;
]
[
(b) any fine imposed shall be $100 more than would be required under Section
41-6a-505
; and
]
[
(c) the court shall order one or more of the following:
]
[
(i) the installation of an ignition interlock system as a condition of probation for the
individual in accordance with Section 
41-6a-518
;
]
[
(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
device as a condition of probation for the individual; or
]
[
(iii) the imposition of home confinement through the use of electronic monitoring in
accordance with Section 
41-6a-506
.
]
[
(10) (a) The offense of refusal to submit to a chemical test under this section does not
merge with any violation of Section 
32B-4-409
, 
41-6a-502
, 
41-6a-517
, or 
41-6a-530
.
]
[
(b) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
of refusal to submit to a chemical test under this section may not be held in abeyance.
]
Section 9. Section 
41-6a-520.1
 is enacted to read:
 41-6a-520.1.
Refusing a chemical test.
(1) An actor commits refusing a chemical test if:
(a) a peace officer issues the warning required in Subsection 
41-6a-520
(2)(a);
(b) a court issues a warrant to draw and test the blood; and
(c) after Subsections (1)(a) and (b), the actor refuses to submit to a test of the actor's
blood.
(2) (a) A violation of Subsection (1) is a class B misdemeanor.
(b) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A
misdemeanor if the actor:
(i) has a passenger younger than 16 years old in the vehicle at the time the officer had
grounds to believe the actor was driving under the influence;
(ii) is 21 years old or older and has a passenger younger than 18 years old in the vehicle
at the time the officer had grounds to believe the actor was driving under the influence;
(iii) also violated Section 
41-6a-712
 or 
41-6a-714
 at the time of the offense; or
(iv) has one prior conviction within 10 years of:
(A) the current conviction under Subsection (1); or
(B) the commission of the offense upon which the current conviction is based.
(c) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree
felony if:
(i) the actor has two or more prior convictions, each of which is within 10 years of:
(A) the current conviction; or
(B) the commission of the offense upon which the current conviction is based; or
(ii) the current conviction is at any time after a conviction of:
(A) a violation of Section 
76-5-207
;
(B) a felony violation of this section, Section 
76-5-102.1
, 
41-6a-502
, or a statute
previously in effect in this state that would constitute a violation of this section; or
(C) any conviction described in Subsection (2)(c)(ii)(A) or (B) which judgment of
conviction is reduced under Section 
76-3-402
.
(3) As part of any sentence for a conviction of violating this section, the court shall
impose the same sentencing as outlined for driving under the influence violations in Section
41-6a-505
, based on whether this is a first, second, or subsequent conviction, with the
following modifications:
(a) any jail sentence shall be 24 consecutive hours more than is required under Section
41-6a-505
;
(b) any fine imposed shall be $100 more than is required under Section 
41-6a-505
; and
(c) the court shall order one or more of the following:
(i) the installation of an ignition interlock system as a condition of probation for the
individual, in accordance with Section 
41-6a-518
;
(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
device as a condition of probation for the individual; or
(iii) the imposition of home confinement through the use of electronic monitoring, in
accordance with Section 
41-6a-506
.
(4) (a) The offense of refusing a chemical test under this section does not merge with
any violation of Section 
32B-4-409
, 
41-6a-502
, 
41-6a-517
, or 
41-6a-530
.
(b) In accordance with Subsection 
77-2a-3
(8), a guilty or no contest plea to an offense
of refusal to submit to a chemical test under this section may not be held in abeyance.
(5) An actor is guilty of a separate offense under Subsection (1) for each passenger in
the vehicle that is younger than 16 years old at the time the officer had grounds to believe the
actor was driving under the influence.
Section 10. Section 
41-6a-521.1
 is amended to read:
41-6a-521.1.
Driver license denial or revocation for a criminal conviction for a
refusal to submit to a chemical test violation.
(1) The Driver License Division shall, if the person is 21 years [
of age
] 
old
 or older at
the time of arrest:
(a) revoke for a period of 18 months the operator's license of a person convicted for the
first time under Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
; or
(b) revoke for a period of 36 months the license of a person if:
(i) the person has a prior conviction as defined under [
Subsection 
41-6a-501
(2)
]
Section 
41-6a-501
; and
(ii) the current refusal to submit to a chemical test violation under Subsection
[
41-6a-520
(7)
] 
41-6a-520.1
(1)
 is committed within a period of 10 years from the date of the
prior violation.
(2) The Driver License Division shall, if the person is under 21 years [
of age
] 
old
 at the
time of arrest:
(a) 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; [
or
]
(b) revoke the person's driver license until the person is 21 years [
of age
] 
old
 or for a
period of 36 months, whichever is longer, if:
(i) the person has a prior conviction as defined under [
Subsection 
41-6a-501
(2)
]
Section 
41-6a-501
; and
(ii) the current refusal to submit to a chemical test violation under Subsection
[
41-6a-520
(7)
] 
41-6a-520.1
(1)
 is committed within a period of 10 years from the date of the
prior violation; or
(c) if the person has not been issued an operator license:
(i) deny the person's application for a license or learner's permit until the person is 21
years [
of age
] 
old
 or for a period of two years, whichever is longer; or
(ii) deny the person's application for a license or learner's permit until the person is 21
years [
of age
] 
old
 or for a period of 36 months, whichever is longer, if:
(A) the person has a prior conviction as defined under [
Subsection 
41-6a-501
(2)
]
Section 
41-6a-501
; and
(B) the current refusal to submit to a chemical test violation under Subsection
[
41-6a-520
(7)
] 
41-6a-520.1
(1)
 is committed within a period of 10 years from the date of the
prior violation.
(3) The Driver License Division shall suspend or revoke the license of a person as
ordered by the court under Subsection (5).
(4) The Driver License Division shall subtract from any revocation period the number
of days for which a license was previously revoked under Section [
53-3-221
] 
41-6a-521
 if the
previous revocation was based on the same occurrence upon which the record of conviction
under Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
 is based.
(5) (a) (i) In addition to any other penalties provided in this section, a court may order
the driver license of a person who is convicted of a violation of Subsection [
41-6a-520
(7)
]
41-6a-520.1
(1)
 to be revoked for an additional period of 90 days, 120 days, 180 days, one year,
or two years to remove from the highways those persons who have shown they are safety
hazards.
(ii) The additional revocation period provided in this Subsection (5) shall begin the
date on which the individual would be eligible to reinstate the individual's driving privilege for
a violation of Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
.
(b) If the court suspends or revokes the person's license under this Subsection (5), the
court shall prepare and send to the Driver License Division an order to suspend or revoke that
person's driving privileges for a specified period of time.
(6) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening;
(B) assessment;
(C) educational series;
(D) substance abuse treatment; and
(E) hours of work in a compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification described in Subsection (6)(a), the Driver License
Division shall suspend the person's driving privilege in accordance with Subsections
53-3-221
(2) and (3).
Section 11. Section 
41-6a-527
 is amended to read:
41-6a-527.
Seizure and impoundment of vehicles by peace officers -- Impound
requirements -- Removal of vehicle by owner.
(1) If a peace officer arrests, cites, or refers for administrative action the operator of a
vehicle for violating Section 
41-6a-502
, 
41-6a-517
, 
41-6a-518.2
, 
41-6a-520
, 
41-6a-520.1
,
41-6a-530
, 
41-6a-606
, 
53-3-231
, Subsections 
53-3-227
(3)(a)(i) through [
(vi)
] 
(vii)
, Subsection
[
53-3-227
(3)(a)(ix)
] 
53-3-277
(3)(a)(x)
, or a local ordinance similar to Section 
41-6a-502
 which
complies with Subsection 
41-6a-510
(1), the peace officer shall seize and impound the vehicle
in accordance with Section 
41-6a-1406
, except as provided under Subsection (2).
(2) If a registered owner of the vehicle, other than the operator, is present at the time of
arrest, the peace officer may release the vehicle to that registered owner, but only if:
(a) the registered owner:
(i) requests to remove the vehicle from the scene; and
(ii) presents to the peace officer sufficient identification to prove ownership of the
vehicle or motorboat;
(b) the registered owner identifies a driver with a valid operator's license who:
(i) complies with all restrictions of his operator's license; and
(ii) would not, in the judgment of the officer, be in violation of Section 
41-6a-502
,
41-6a-517
, 
41-6a-518.2
, 
41-6a-520
, 
41-6a-520.1
, 
41-6a-530
, 
53-3-231
, or a local ordinance
similar to Section 
41-6a-502
 which complies with Subsection 
41-6a-510
(1) if permitted to
operate the vehicle; and
(c) the vehicle itself is legally operable.
(3) If necessary for transportation of a motorboat for impoundment under this section,
the motorboat's trailer may be used to transport the motorboat.
Section 12. Section 
41-6a-529
 is amended to read:
41-6a-529.
Definitions -- Alcohol restricted drivers.
(1) As used in this section and Section 
41-6a-530
, "alcohol restricted driver" means a
person who:
(a) within the last two years:
(i) has been convicted of:
(A) a misdemeanor violation of Section 
41-6a-502
 or 
76-5-102.1
;
(B) alcohol, any drug, or a combination of both-related reckless driving under Section
41-6a-512
;
(C) impaired driving under Section 
41-6a-502.5
;
(D) local ordinances similar to Section 
41-6a-502
 or 
76-5-102.1
, alcohol, any drug, or
a combination of both-related reckless driving, or impaired driving adopted in compliance with
Section 
41-6a-510
;
(E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of
conviction is reduced under Section 
76-3-402
; or
(F) statutes or ordinances previously in effect in this state or in effect in any other state,
the United States, or any district, possession, or territory of the United States which would
constitute a violation of Section 
41-6a-502
 or 
76-5-102.1
, alcohol, any drug, or a combination
of both-related reckless driving, or impaired driving if committed in this state, including
punishments administered under 10 U.S.C. Sec. 815; or
(ii) has had the person's driving privilege suspended under Section 
53-3-223
 for an
alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
(b) within the last three years has been convicted of a violation of this section or
Section 
41-6a-518.2
;
(c) within the last five years:
(i) has had the person's driving privilege revoked through an administrative action for
refusal to submit to a chemical test under Section 
41-6a-520
, which refusal occurred on or after
July 1, 2005;
(ii) has been convicted of a misdemeanor conviction for refusal to submit to a chemical
test under Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
; or
(iii) has been convicted of a class A misdemeanor violation of Section 
41-6a-502
 or
76-5-102.1
 committed on or after July 1, 2008;
(d) within the last 10 years:
(i) has been convicted of an offense described in Subsection (1)(a)(i) which offense
was committed within 10 years of the commission of a prior offense described in Subsection
(1)(a)(i) for which the person was convicted;
(ii) has been convicted of a felony violation of refusal to submit to a chemical test
under Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
; or
(iii) has had the person's driving privilege revoked for refusal to submit to a chemical
test and the refusal is within 10 years after:
(A) a prior refusal to submit to a chemical test under Section 
41-6a-520
; or
(B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not
based on the same arrest as the refusal;
(e) at any time has been convicted of:
(i) a violation of Section 
76-5-207
 for an offense that occurred on or after July 1, 2005;
or
(ii) a felony violation of Section 
41-6a-502
 or 
76-5-102.1
 for an offense that occurred
on or after July 1, 2005;
(f) at the time of operation of a vehicle is under 21 years old; or
(g) is a novice learner driver.
(2) For purposes of this section and Section 
41-6a-530
, a plea of guilty or no contest to
a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77,
Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if
the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance
agreement.
Section 13. Section 
53-3-218
 is amended to read:
53-3-218.
Court to report convictions and may recommend suspension of license
-- Severity of speeding violation defined.
(1) As used in this section, "conviction" means conviction by the court of first
impression or final administrative determination in an administrative traffic proceeding.
(2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over
offenses committed under this chapter or any other law of this state, or under any municipal
ordinance regulating driving motor vehicles on highways or driving motorboats on the water,
shall forward to the division within five days, an abstract of the court record of the conviction
or plea held in abeyance of any person in the court for a reportable traffic or motorboating
violation of any laws or ordinances, and may recommend the suspension of the license of the
person convicted.
(b) When the division receives a court record of a conviction or plea in abeyance for a
motorboat violation, the division may only take action against a person's driver license if the
motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the
Influence and Reckless Driving.
(c) A court may not forward to the division an abstract of a court record of a conviction
for a violation described in Subsection 
53-3-220
(1)(c)(i) [
or (ii)
], unless the court found that
the person convicted of the violation was an operator of a motor vehicle at the time of the
violation.
(3) (a) A court may not order the division to suspend a person's driver license based
solely on the person's failure to pay a penalty accounts receivable.
(b) The court may notify the division, and the division may, prior to sentencing,
suspend the driver license of a person who fails to appear if the person is charged with:
(i) an offense of any level that is a moving traffic violation;
(ii) an offense described in Title 41, Chapter 12a, Part 3, Owner's or Operator's
Security Requirement; or
(iii) an offense described in Subsection 
53-3-220
(1)(a) or (b).
(4) The abstract shall be made in the form prescribed by the division and shall include:
(a) the name, date of birth, and address of the party charged;
(b) the license certificate number of the party charged, if any;
(c) the registration number of the motor vehicle or motorboat involved;
(d) whether the motor vehicle was a commercial motor vehicle;
(e) whether the motor vehicle carried hazardous materials;
(f) whether the motor vehicle carried 16 or more occupants;
(g) whether the driver presented a commercial driver license;
(h) the nature of the offense;
(i) whether the offense involved an accident;
(j) the driver's blood alcohol content, if applicable;
(k) if the offense involved a speeding violation:
(i) the posted speed limit;
(ii) the actual speed; and
(iii) whether the speeding violation occurred on a highway that is part of the interstate
system as defined in Section 
72-1-102
;
(l) the date of the hearing;
(m) the plea;
(n) the judgment or whether bail was forfeited; and
(o) the severity of the violation, which shall be graded by the court as "minimum,"
"intermediate," or "maximum" as established in accordance with Subsection 
53-3-221
(4).
(5) When a convicted person secures a judgment of acquittal or reversal in any
appellate court after conviction in the court of first impression, the division shall reinstate the
convicted person's license immediately upon receipt of a certified copy of the judgment of
acquittal or reversal.
(6) Upon a conviction for a violation of the prohibition on using a wireless
communication device while operating a moving motor vehicle under Section 
41-6a-1716
, a
judge may order a suspension of the convicted person's license for a period of three months.
(7) Upon a conviction for a violation of careless driving under Section 
41-6a-1715
 that
causes or results in the death of another person, a judge may order a revocation of the convicted
person's license for a period of one year.
Section 14. 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,
negligently operating a vehicle resulting in death under Section 
76-5-207
, or automobile
homicide involving using a handheld wireless communication device while driving under
Section 
76-5-207.5
;
(ii) driving or being in actual physical control of a motor vehicle while under the
influence of alcohol, any drug, or combination of them to a degree that renders the person
incapable of safely driving a motor vehicle as prohibited in Section 
41-6a-502
 or as prohibited
in an ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood
or breath alcohol content as prohibited in Section 
41-6a-502
 or as prohibited in an ordinance
that complies with the requirements of Subsection 
41-6a-510
(1);
(iv) perjury or the making of a false affidavit to the division under this chapter, Title
41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
regulating driving on highways;
(v) any felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
(vii) failure to stop and render aid as required under the laws of this state if a motor
vehicle accident results in the death or personal injury of another;
(viii) two charges of reckless driving, impaired driving, or any combination of reckless
driving and impaired driving committed within a period of 12 months; but if upon a first
conviction of reckless driving or impaired driving the judge or justice recommends suspension
of the convicted person's license, the division may after a hearing suspend the license for a
period of three months;
(ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
officer as required in Section 
41-6a-210
;
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
requires disqualification;
(xi) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 involving discharging or
allowing the discharge of a firearm from a vehicle;
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 
76-10-306
(4)(b);
(xiii) operating or being in actual physical control of a motor vehicle while having any
measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section 
41-6a-517
;
(xiv) operating or being in actual physical control of a motor vehicle while having any
measurable or detectable amount of alcohol in the person's body in violation of Section
41-6a-530
;
(xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
violation of Section 
41-6a-606
;
(xvi) operating or being in actual physical control of a motor vehicle in this state
without an ignition interlock system in violation of Section 
41-6a-518.2
; or
(xvii) refusal of a chemical test under Subsection [
41-6a-520
(7)
] 
41-6a-520.1
(1)
.
(b) The division shall immediately revoke the license of a person upon receiving a
record of an adjudication under Section 
80-6-701
 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) 
(i)
 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 
violating any
 one of the
following offenses while the person was an operator of a motor vehicle, and the court finds that
a driver license suspension is likely to reduce recidivism and is in the interest of public safety:
[
(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)
] 
(F)
 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)
] 
Subsections (1)(c)(i)(A) through (E), or
 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)
] 
Subsections (1)(c)(i)(A) through
(E)
.
[
(iii)
] 
(ii)
 Notwithstanding the provisions in [
this
] Subsection (1)(c)
(i)
, the division
shall reinstate a person's driving privilege before completion of the suspension period imposed
under [
this
] Subsection (1)(c)
(i)
 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)
] 
(iii)
 If a person's driving privilege is reinstated under Subsection [
(1)(c)(iii),
]
(1)(c)(ii),
 the person is required to pay the license reinstatement fees under Subsection
53-3-105
(26).
[
(v)
] 
(iv)
 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)
] 
(v)
 Upon receiving the notification described in Subsection [
(1)(c)(v),
] 
(1)(c)(iv),
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)
(i)
.
(d) (i) The division shall immediately suspend a person's driver license for conviction
of the offense of theft of motor vehicle fuel under Section 
76-6-404.7
 if the division receives:
(A) an order from the sentencing court requiring that the person's driver license be
suspended; and
(B) a record of the conviction.
(ii) An order of suspension under this section is at the discretion of the sentencing
court, and may not be for more than 90 days for each offense.
(e) (i) The division shall immediately suspend for one year the license of a person upon
receiving a record of:
(A) conviction for the first time for a violation under Section 
32B-4-411
; or
(B) an adjudication under Section 
80-6-701
 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 Section 
80-6-701
 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 Section 
80-6-701
 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) those offenses referred to in Subsections (1)(a)(i), (ii), (iii), (xi), (xii), (xiii), (1)(b),
and (1)(c)
(i)
; and
(ii) 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 that complies with the requirements of Subsection 
41-6a-510
(1),
Section 
41-6a-520
, 
41-6a-520.1,
76-5-102.1
, or 
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)(ii):
(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 15. Section 
53-3-227
 is amended to read:
53-3-227.
Driving a motor vehicle prohibited while driving privilege denied,
suspended, disqualified, or revoked -- Penalties.
(1) A person whose driving privilege has been denied, suspended, disqualified, or
revoked under this chapter or under the laws of the state in which the person's driving privilege
was granted and who drives any motor vehicle upon the highways of this state while that
driving privilege is denied, suspended, disqualified, or revoked shall be punished as provided
in this section.
(2) A person convicted of a violation of Subsection (1), other than a violation specified
in Subsection (3), is guilty of a class C misdemeanor.
(3) (a) A person is guilty of a class B misdemeanor if the person's conviction under
Subsection (1) is based on the person driving a motor vehicle while the person's driving
privilege is suspended, disqualified, or revoked for:
(i) a refusal to submit to a chemical test under Section 
41-6a-520
;
(ii) a violation of Section 
41-6a-520.1
;
[
(ii)
] 
(iii)
 a violation of Section 
41-6a-502
;
[
(iii)
] 
(iv)
 a violation of a local ordinance that complies with the requirements of
Section 
41-6a-510
;
[
(iv)
] 
(v)
 a violation of Section 
41-6a-517
;
[
(v)
] 
(vi)
 a violation of Section 
76-5-207
;
[
(vi)
] 
(vii)
 a criminal action that the person plead guilty to as a result of a plea bargain
after having been originally charged with violating one or more of the sections or ordinances
under this Subsection (3);
[
(vii)
] 
(viii)
 a revocation or suspension which has been extended under Subsection
53-3-220
(2);
[
(viii)
] 
(ix)
 where disqualification is the result of driving a commercial motor vehicle
while the person's CDL is disqualified, suspended, canceled, or revoked under Subsection
53-3-414
(1); or
[
(ix)
] 
(x)
 a violation of Section 
41-6a-530
.
(b) A person is guilty of a class B misdemeanor if the person's conviction under
Subsection (1) is based on the person driving a motor vehicle while the person's driving
privilege is suspended, disqualified, or revoked by any state, the United States, or any district,
possession, or territory of the United States for violations corresponding to the violations listed
in Subsection (3)(a).
(c) A fine imposed under this Subsection (3) shall be at least the maximum fine for a
class C misdemeanor under Section 
76-3-301
.
Section 16. Section 
58-37f-201
 is amended to read:
58-37f-201.
Controlled substance database -- Creation -- Purpose.
(1) There is created within the division a controlled substance database.
(2) The division shall administer and direct the functioning of the database in
accordance with this chapter.
(3) The division may, under state procurement laws, contract with another state agency
or a private entity to establish, operate, or maintain the database.
(4) The division shall, in collaboration with the board, determine whether to operate
the database within the division or contract with another entity to operate the database, based
on an analysis of costs and benefits.
(5) The purpose of the database is to contain:
(a) the data described in Section 
58-37f-203
 regarding prescriptions for dispensed
controlled substances;
(b) data reported to the division under Section 
26-21-26
 regarding poisoning or
overdose;
(c) data reported to the division under Subsection [
41-6a-502
(4)
] 
41-6a-502
(5)
 or
41-6a-502.5
(5)(b) regarding convictions for driving under the influence of a prescribed
controlled substance or impaired driving; and
(d) data reported to the division under Subsection 
58-37-8
(1)(e) or 
58-37-8
(2)(g)
regarding certain violations of [
the
] 
Chapter 37,
 Utah Controlled Substances Act.
(6) The division shall maintain the database in an electronic file or by other means
established by the division to facilitate use of the database for identification of:
(a) prescribing practices and patterns of prescribing and dispensing controlled
substances;
(b) practitioners prescribing controlled substances in an unprofessional or unlawful
manner;
(c) individuals receiving prescriptions for controlled substances from licensed
practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet
in quantities or with a frequency inconsistent with generally recognized standards of dosage for
that controlled substance;
(d) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to a pharmacy;
(e) individuals admitted to a general acute hospital for poisoning or overdose involving
a prescribed controlled substance; and
(f) individuals convicted for:
(i) driving under the influence of a prescribed controlled substance that renders the
individual incapable of safely operating a vehicle;
(ii) driving while impaired, in whole or in part, by a prescribed controlled substance; or
(iii) certain violations of [
the
] 
Chapter 37,
 Utah Controlled Substances Act. 
Section 17. Section 
58-37f-703
 is amended to read:
58-37f-703.
Entering certain convictions into the database and reporting them to
practitioners.
(1) When the division receives a report from a court under Subsection [
41-6a-502
(4)
]
41-6a-502
(5)
 or 
41-6a-502.5
(5)(b) relating to a conviction for driving under the influence of, or
while impaired by, a prescribed controlled substance, the division shall:
(a) daily enter into the database the information supplied in the report, including the
date on which the person was convicted;
(b) attempt to identify, through the database, each practitioner who may have
prescribed the controlled substance to the convicted person; and
(c) provide each practitioner identified under Subsection (1)(b) with:
(i) a copy of the information provided by the court; and
(ii) the information obtained from the database that led the division to determine that
the practitioner receiving the information may have prescribed the controlled substance to the
convicted person.
(2) It is the intent of the Legislature that the information provided under Subsection
(1)(b) is provided for the purpose of assisting the practitioner in:
(a) discussing the manner in which the controlled substance may impact the convicted
person's driving;
(b) advising the convicted person on measures that may be taken to avoid adverse
impacts of the controlled substance on future driving; and
(c) making decisions regarding future prescriptions written for the convicted person.
(3) Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
, increase the licensing fee described in Subsection 
58-37-6
(1)(b) to pay the startup
and ongoing costs of the division for complying with the requirements of this section.
Section 18. Section 
76-5-102.1
 is amended to read:
76-5-102.1.
Negligently operating a vehicle resulting in injury.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(b) "Drug" means the same as that term is defined in Section 
76-5-207
.
(c) "Negligent" or "negligence" means the same as that term is defined in Section
76-5-207
.
(d) "Vehicle" means the same as that term is defined in Section 
41-6a-501
.
(2) An actor commits negligently operating a vehicle resulting in injury if the actor:
(a) (i) operates a vehicle in a negligent manner causing bodily injury to another; and
(ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
time of the test;
(B) is under the influence of alcohol, a drug, or the combined influence of alcohol and
a drug to a degree that renders the actor incapable of safely operating a vehicle; or
(C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation; or
(b) (i) operates a vehicle in a criminally negligent manner causing bodily injury to
another; and
(ii) has in the actor's body any measurable amount of a controlled substance.
(3) Except as provided in Subsection (4), a violation of Subsection (2) is:
(a) (i) a class A misdemeanor; or
(ii) a third degree felony if the bodily injury is serious bodily injury; and
(b) a separate offense for each victim suffering bodily injury as a result of the actor's
violation of this section, regardless of whether the injuries arise from the same episode of
driving.
(4) An actor is not guilty of negligently operating a vehicle resulting in injury under
Subsection (2)(b) if:
(a) the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional practice, or as
otherwise authorized by Title 58, Occupations and Professions;
(b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c) the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
 if:
(i) the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section 
58-37-6
; and
(ii) the substance was administered to the actor by the medical researcher.
(5) (a) A judge imposing a sentence under this section may consider:
(i) the sentencing guidelines developed in accordance with Section 
63M-7-404
;
(ii) the defendant's history;
(iii) the facts of the case;
(iv) aggravating and mitigating factors; or
(v) any other relevant fact.
(b) The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section 
41-6a-505
.
(c) The standards for chemical breath analysis under Section 
41-6a-515
 and the
provisions for the admissibility of chemical test results under Section 
41-6a-516
 apply to
determination and proof of blood alcohol content under this section.
(d) A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection [
41-6a-502
(2)
] 
41-6a-502
(3)
.
(e) Except as provided in Subsection (4), the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except if prohibited by the Utah Rules of Evidence, the United States Constitution,
or the Utah Constitution.
(g) In accordance with Subsection 
77-2a-3
(8), a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
Section 19. Section 
76-5-207
 is amended to read:
76-5-207.
Negligently operating a vehicle resulting in death -- Penalties --
Evidence.
(1) (a) As used in this section:
(i) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(ii) "Criminally negligent" means the same as that term is described in Subsection
76-2-103
(4).
(iii) "Drug" means:
(A) a controlled substance;
(B) a drug as defined in Section 
58-37-2
; or
(C) a substance that, when knowingly, intentionally, or recklessly taken into the human
body, can impair the ability of an individual to safely operate a vehicle.
(iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that
degree of care that reasonable and prudent persons exercise under like or similar circumstances.
(v) "Vehicle" means the same as that term is defined in Section 
41-6a-501
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits negligently operating a vehicle resulting in death if the actor:
(a) (i) operates a vehicle in a negligent or criminally negligent manner causing the
death of another individual;
(ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
time of the test;
(B) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
(C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation; or
(b) (i) operates a vehicle in a criminally negligent manner causing death to another; and
(ii) has in the actor's body any measurable amount of a controlled substance.
(3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty
of:
(a) a second degree felony; and
(b) a separate offense for each victim suffering death as a result of the actor's violation
of this section, regardless of whether the deaths arise from the same episode of driving.
(4) An actor is not guilty of a violation of negligently operating a vehicle resulting in
death under Subsection (2)(b) if:
(a) the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional practice, or as
otherwise authorized by Title 58, Occupations and Professions;
(b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c) the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
 if:
(i) the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section 
58-37-6
; and
(ii) the substance was administered to the actor by the medical researcher.
(5) (a) A judge imposing a sentence under this section may consider:
(i) the sentencing guidelines developed in accordance with Section 
63M-7-404
;
(ii) the defendant's history;
(iii) the facts of the case;
(iv) aggravating and mitigating factors; or
(v) any other relevant fact.
(b) The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section 
41-6a-505
.
(c) The standards for chemical breath analysis as provided by Section 
41-6a-515
 and
the provisions for the admissibility of chemical test results as provided by Section 
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(d) A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection [
41-6a-502
(2)
] 
41-6a-502
(3)
.
(e) Except as provided in Subsection (4), the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g) In accordance with Subsection 
77-2a-3
(8), a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
Section 20. Section 
77-2a-3
 is amended to read:
77-2a-3.
Manner of entry of plea -- Powers of court.
(1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
(b) In cases charging offenses for which bail may be forfeited, a plea in abeyance
agreement may be entered into without a personal appearance before a magistrate.
(2) A plea in abeyance agreement may provide that the court may, upon finding that the
defendant has successfully completed the terms of the agreement:
(a) reduce the degree of the offense and enter judgment of conviction and impose
sentence for a lower degree of offense; or
(b) allow withdrawal of defendant's plea and order the dismissal of the case.
(3) (a) Upon finding that a defendant has successfully completed the terms of a plea in
abeyance agreement, the court may reduce the degree of the offense or dismiss the case only as
provided in the plea in abeyance agreement or as agreed to by all parties.
(b) Upon sentencing a defendant for any lesser offense in accordance with a plea in
abeyance agreement, the court may not invoke Section 
76-3-402
 to further reduce the degree of
the offense.
(4) The court may require the Department of Corrections to assist in the administration
of the plea in abeyance agreement as if the defendant were on probation to the court under
Section 
77-18-105
.
(5) The terms of a plea in abeyance agreement may include:
(a) an order that the defendant pay a nonrefundable plea in abeyance fee, with a
surcharge based on the amount of the plea in abeyance fee, both of which shall be allocated in
the same manner as if paid as a fine for a criminal conviction under Section 
78A-5-110
 and a
surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation, and
which may not exceed in amount the maximum fine and surcharge which could have been
imposed upon conviction and sentencing for the same offense;
(b) an order that the defendant pay the costs of any remedial or rehabilitative program
required by the terms of the agreement; and
(c) an order that the defendant comply with any other conditions that could have been
imposed as conditions of probation upon conviction and sentencing for the same offense.
(6) (a) The terms of a plea in abeyance shall include an order for a specific amount of
restitution that the defendant will pay, as agreed to by the defendant and the prosecuting
attorney, unless the prosecuting attorney certifies that:
(i) the prosecuting attorney has consulted with all victims, including the Utah Office
for Victims of Crime; and
(ii) the defendant does not owe any restitution.
(b) The court shall collect, receive, process, and distribute payments for restitution to
the victim, unless otherwise provided by law or by the plea in abeyance agreement.
(c) If the defendant does not successfully complete the terms of the plea in abeyance,
the court shall enter an order for restitution, in accordance with [
Title 77, Chapter 38b, Crime
Victims Restitution Act
] 
Chapter 38b, Crime Victims Restitution Act
, upon entering a sentence
for the defendant.
(7) (a) A court may not hold a plea in abeyance without the consent of both the
prosecuting attorney and the defendant.
(b) A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(8) No plea may be held in abeyance in any case involving:
(a) a sexual offense against a victim who is under 14 years old; or
(b) a driving under the influence violation under Section 
41-6a-502
, 
41-6a-502.5
,
41-6a-517
, 
41-6a-520
, 
41-6a-520.1
, 
41-6a-521.1
, 
76-5-102.1
, or 
76-5-207
.
Section 21. 
Repealer.
This bill repeals:
Section 
41-6a-503
,
Penalties for driving under the influence violations.