Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 87 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies that a veterans treatment court program is a problem solving court an individual may participate in or successfully complete that allows a court to shorten or suspend the individual's suspension or revocation of the individual's license due to a DUI conviction; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
41-6a-509
DUI Sentencing Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Andrew Stoddard
LONG TITLE
General Description:
This bill addresses DUI sentencing.
Highlighted Provisions:
This bill:
clarifies that a veterans treatment court program is a problem solving court an individual 
may participate in or successfully complete that allows a court to shorten or suspend the 
individual's suspension or revocation of the individual's license due to a DUI conviction; 
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-509
, as last amended by Laws of Utah 2024, Chapter 106
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
41-6a-509
 is amended to read:
41-6a-509. Driver license suspension or revocation for a driving under the 
influence violation.
(1)
(a)
The Driver License Division shall, if the person is 21 years old or older at the time 
of arrest:
(i)
suspend for a period of 120 days the operator's license of a person convicted for 
the first time under Section 
41-6a-502
 or 
76-5-102.1
; or
(ii)
revoke for a period of two years the license of a person if:
(A)
the person has a prior conviction as defined under Subsection 
41-6a-501
(2); 
and
(B)
the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is 
committed within a period of 10 years from the date of the prior violation.
(b)
(i)
If a person elects to become an interlock restricted driver under Subsection 
53-3-223
(10)(a), the Driver License Division may not suspend the operator's 
license for a violation of Section 
41-6a-502
 as described in Subsection (1)(a)(i) 
unless the person fails to complete 120 days of the interlock restriction.
(ii)
If a person elects to become an interlock restricted driver under Subsection 
53-3-223
(10)(a), and the person fails to complete the full 120 days of interlock 
restriction, the Driver License Division:
(A)
shall suspend the operator's license as described in Subsection (1)(a)(i) for a 
period of 120 days from the date the ignition interlock system was removed 
from the vehicle; and
(B)
may not reduce the 120-day suspension for any days the person was compliant 
with the interlock restriction under Subsection 
53-3-223
(10)(a).
(c)
(i)
If a person elects to become an interlock restricted driver under Subsection 
41-6a-521
(7), the Driver License Division may not suspend the operator's license 
for a violation of Section 
41-6a-502
 as described in Subsection (1)(a)(i) unless the 
person fails to complete three years of the interlock restriction under Subsection 
41-6a-521
(7).
(ii)
If a person elects to become an interlock restricted driver under Subsection 
41-6a-521
(7), and the person fails to complete the full three years of interlock 
restriction, the Driver License Division:
(A)
shall suspend the operator's license as described in Subsection (1)(a)(i) for a 
period of 120 days from the date the ignition interlock system was removed 
from the vehicle; and
(B)
may not reduce the 120-day suspension for any days the person was compliant 
with the interlock restriction under Subsection 
41-6a-521
(7).
(2)
The Driver License Division shall, if the person is 19 years old or older but under 21 
years old at the time of arrest:
(a)
suspend the person's driver license until the person is 21 years old or for a period of 
one year, whichever is longer, if the person is convicted for the first time of a 
violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 of an offense that was 
committed on or after July 1, 2011;
(b)
deny the person's application for a license or learner's permit until the person is 21 
years old or for a period of one year, whichever is longer, if the person:
(i)
is convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, 
or 
76-5-207
 of an offense committed on or after July 1, 2011; and
(ii)
has not been issued an operator license;
(c)
revoke the person's driver license until the person is 21 years old or for a period of 
two years, whichever is longer, if:
(i)
the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii)
the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is 
committed within a period of 10 years from the date of the prior violation; or
(d)
deny the person's application for a license or learner's permit until the person is 21 
years old or for a period of two years, whichever is longer, if:
(i)
the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii)
the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is 
committed within a period of 10 years from the date of the prior violation; and
(iii)
the person has not been issued an operator license.
(3)
The Driver License Division shall, if the person is under 19 years old at the time of 
arrest:
(a)
suspend the person's driver license until the person is 21 years old if the person is 
convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
;
(b)
deny the person's application for a license or learner's permit until the person is 21 
years old if the person:
(i)
is convicted for the first time of a violation under Section 
41-6a-502
, 
76-5-102.1
, 
or 
76-5-207
; and
(ii)
has not been issued an operator license;
(c)
revoke the person's driver license until the person is 21 years old if:
(i)
the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii)
the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is 
committed within a period of 10 years from the date of the prior violation; or
(d)
deny the person's application for a license or learner's permit until the person is 21 
years old if:
(i)
the person has a prior conviction as defined under Subsection 
41-6a-501
(2);
(ii)
the current violation under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 is 
committed within a period of 10 years from the date of the prior violation; and
(iii)
the person has not been issued an operator license.
(4)
The Driver License Division shall suspend or revoke the license of a person as ordered 
by the court under Subsection (9).
(5)
The Driver License Division shall subtract from any suspension or revocation period the 
number of days for which a license was previously suspended under Section 
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon which the 
record of conviction is based.
(6)
If a conviction recorded as impaired driving is amended to a driving under the influence 
conviction under Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 in accordance with 
Subsection 
41-6a-502.5
(3)(a)(ii), the Driver License Division:
(a)
may not subtract from any suspension or revocation any time for which a license was 
previously suspended or revoked under Section 
53-3-223
 or 
53-3-231
; and
(b)
shall start the suspension or revocation time under Subsection (1) on the date of the 
amended conviction.
(7)
A court that reported a conviction of a violation of Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 for a violation that occurred on or after July 1, 2009, to the Driver License 
Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or 
Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
(a)
completes at least six months of the license suspension;
(b)
completes a screening;
(c)
completes an assessment, if it is found appropriate by a screening under Subsection 
(7)(b);
(d)
completes substance abuse treatment if it is found appropriate by the assessment 
under Subsection (7)(c);
(e)
completes an educational series if substance abuse treatment is not required by an 
assessment under Subsection (7)(c) or the court does not order substance abuse 
treatment;
(f)
has not been convicted of a violation of any motor vehicle law in which the person 
was involved as the operator of the vehicle during the suspension period imposed 
under Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
(g)
has complied with all the terms of the person's probation or all orders of the court if 
not ordered to probation; and
(h)
(i)
is 18 years old or older and provides a sworn statement to the court that the 
person has not unlawfully consumed alcohol during the suspension period 
imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
(ii)
is under 18 years old and has the person's parent or legal guardian provide an 
affidavit or sworn statement to the court certifying that to the parent or legal 
guardian's knowledge the person has not unlawfully consumed alcohol during the 
suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or 
(b).
(8)
If the court shortens a person's license suspension period in accordance with the 
requirements of Subsection (7), the court shall forward the order shortening the person's 
suspension period to the Driver License Division in a manner specified by the division 
prior to the completion of the suspension period imposed under Subsection (2)(a) or (b) 
or Subsection (3)(a) or (b).
(9)
(a)
(i)
In addition to any other penalties provided in this section, a court may order 
the operator's license of a person who is convicted of a violation of Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
 to be suspended or revoked for an additional 
period of 90 days, 120 days, 180 days, one year, or two years to remove from the 
highways those persons who have shown they are safety hazards.
(ii)
The additional suspension or revocation period provided in this Subsection (9) 
shall begin the date on which the individual would be eligible to reinstate the 
individual's driving privilege for a violation of Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
.
(b)
If the court suspends or revokes the person's license under this Subsection (9), the 
court shall prepare and send to the Driver License Division an order to suspend or 
revoke that person's driving privileges for a specified period of time.
(10)
(a)
The court shall notify the Driver License Division if a person fails to complete 
all court ordered:
(i)
screenings;
(ii)
assessments;
(iii)
educational series;
(iv)
substance abuse treatment; and
(v)
hours of work in a compensatory-service work program.
(b)
Subject to Subsection 
53-3-218
(3), upon receiving the notification described in 
Subsection (10)(a), the division shall suspend the person's driving privilege in 
accordance with Subsection 
53-3-221
(2).
(11)
(a)
A court that reported a conviction of a violation of Section 
41-6a-502
 to the 
Driver License Division may shorten the suspension or revocation period imposed 
under Subsection (1) before completion of the suspension or revocation period if the 
person:
(i)
is participating in or has successfully completed a 24-7 sobriety program as 
defined in Section 
41-6a-515.5
; 
(ii)
(A)
is participating in or has successfully completed a problem solving court 
program approved by the Judicial Council, including a driving under the 
influence court program
 or
,
 a drug court program
, or a veterans treatment 
court program
; and
(B)
has elected to become an interlock restricted driver as a condition of probation 
during the remainder of the person's suspension or revocation period in 
accordance with Section 
41-6a-518
; or
(iii)
has had their operator license suspended under Subsection (1)(a)(i), and the court 
does not have a problem solving court program approved by the Judicial Council 
or access to a 24-7 sobriety program as defined in Section 
41-6a-515.5
, if the 
person:
(A)
has installed an ignition interlock device in any vehicle owned or driven by 
the person in accordance with Section 
53-3-1007
; and
(B)
did not inflict bodily injury upon another as a proximate result of having 
operated the vehicle in a negligent manner.
(b)
If a court shortens a person's license suspension or revocation period in accordance 
with the requirements of this Subsection (11), the court shall forward the order 
shortening the person's suspension or revocation period to the Driver License 
Division in a manner specified by the division.
(c)
The court shall notify the Driver License Division, in a manner specified by the 
Driver License Division, if a person fails to complete or comply with a condition that 
allowed the court to shorten the person's license suspension or revocation period 
under Subsection (11)(a).
(d)
(i)
(A)
Upon receiving the notification described in Subsection (11)(c), for a 
first offense, the division shall suspend the person's driving privilege for a 
period of 120 days from the date of notice.
(B)
For a suspension described under Subsection (11)(d)(i)(A), no days shall be 
subtracted from the 120-day suspension period for which a driving privilege 
was previously suspended under this section or Section 
53-3-223
, if the 
previous suspension was based on the same occurrence upon which the 
conviction under Section 
41-6a-502
 is based.
(ii)
(A)
Upon receiving the notification described in Subsection (11)(c), for a 
second or subsequent offense, the division shall revoke the person's driving 
privilege for a period of two years from the date of notice.
(B)
For a license revocation described in Subsection (11)(d)(ii)(A), no days shall 
be subtracted from the two-year revocation period for which a driving privilege 
was previously revoked under this section or Section 
53-3-223
, if the previous 
revocation was based on the same occurrence upon which the conviction under 
Section 
41-6a-502
 is based.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-9-25 4:48 PM