Utah Code 41-6a-503

Utah Code 41-6a-503

41-6a-501 Definitions.

(1) As used in this part:
(a) “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)(a)(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.
(b) “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.

(i) a controlled substance as defined in Section 58-37-2;
(ii) a drug as defined in Section 58-17b-102; or
(iii) any 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.

(d) “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.

(e) “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.

(f) “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.
(g) “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.

(h) “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.
(i) “Substance abuse treatment program” means a state licensed substance abuse program.
(j)
(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:
(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:
(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) automobile homicide under Section 76-5-207;
(vi) Subsection 58-37-8(2)(g);
(vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of conviction is reduced under Section 76-3-402; or
(viii) 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 (viii) 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:

(A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
(B) automobile homicide under Section 76-5-207; and
(ii) expungement under Title 77, Chapter 40, Utah Expungement Act.

41-6a-502.5 Impaired driving — Penalty — Reporting of convictions — Sentencing requirements.

(1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of impaired driving under this section if:
(a) the defendant completes court ordered probation requirements; or
(b)
(i) the prosecutor agrees as part of a negotiated plea; and
(ii) the court finds the plea to be in the interest of justice.

(2) A conviction entered under this section is a class B misdemeanor.
(3)
(a)

(i) If the entry of an impaired driving plea is based on successful completion of probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.

(ii) If the defendant fails to appear before the court and establish successful completion of the court ordered probation requirements under Subsection (1)(a), the court shall enter an amended conviction of Section 41-6a-502.

(iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of conviction.
(b) The court may enter a conviction of impaired driving immediately under Subsection (1)(b).

(4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor violation of Section 41-6a-502 as impaired driving under this section is a reduction of one degree.
(5)

(a) The court shall notify the Driver License Division of each conviction entered under this section.

(b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of Occupational and 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 while impaired, in whole or in part, by a prescribed controlled substance.

(6)

(a) The provisions in Subsections 41-6a-505(1), (2), and (4) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series, or obtain substance abuse treatment or do a combination of those things, apply to a conviction entered under this section.

(b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under this section as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsection 41-6a-505(1), (2), or (4).

(7)

(a) Except as provided in Subsection (7)(b), a report authorized by Section 53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court.

(b) The provisions of Subsection (7)(a) do not apply to a report concerning:
(i) a CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.
(8) The provisions of this section are not available to a person who has a prior conviction as that term is defined in Subsection 41-6a-501(2).

41-6a-502 Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration — Reporting of convictions.

(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 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 incapable of safely operating a vehicle; or

(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(2) 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) 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) Beginning on July 1, 2012, a court shall, monthly, send to the Division of Occupational and 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.

41-6a-503 Penalties for driving under the influence violations.

(1) A person who violates for the first or second time Section 41-6a-502 is guilty of a:
(a) class B misdemeanor; or
(b) class A misdemeanor if the person:

(i) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
(ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
(iii) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense.

(2) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
(a) the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;

(b) the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within 10 years of:
(i) the current conviction under Section 41-6a-502; or
(ii) the commission of the offense upon which the current conviction is based; or

(c) the conviction under Section 41-6a-502 is at any time after a conviction of:
(i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
(ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
(iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction is reduced under Section 76-3-402.

(3) A person is guilty of a separate offense for each victim suffering bodily injury or serious bodily injury as a result of the person’s violation of Section 41-6a-502 or death as a result of the person’s violation of Section 76-5-207 whether or not the injuries arise from the same episode of driving.

41-6a-504 Defense not available for driving under the influence violation.
The fact that a person charged with violating Section 41-6a-502 is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating Section 41-6a-502.

Effective 5/12/2015

41-6a-505 Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations.

(1) As part of any sentence for a first conviction of Section 41-6a-502:
(a) the court shall:
(i)

(A) impose a jail sentence of not less than 48 consecutive hours;
(B) require the person to work in a compensatory-service work program for not less than 48 hours; or
(C) require the person to participate in home confinement of not fewer than 48 consecutive hours through the use of electronic monitoring in accordance with Section 41-6a-506;

(ii) order the person to participate in a screening;
(iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii);
(iv) order the person 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; and
(vi) order probation for the person in accordance with Section 41-6a-507, if there is admissible evidence that the person had a blood alcohol level of .16 or higher; and

(b) the court may:
(i) order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; or
(ii) order probation for the person in accordance with Section 41-6a-507.

(2) If a person has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction is based:
(a) the court shall:
(i)

(A) impose a jail sentence of not less than 240 consecutive hours;
(B) require the person to work in a compensatory-service work program for not less than 240 hours; or
(C) require the person to participate in home confinement of not fewer than 240 consecutive hours through the use of electronic monitoring in accordance with Section 41-6a-506;

(ii) order the person to participate in a screening;
(iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii);
(iv) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b);

(v) impose a fine of not less than $800; and
(vi) order probation for the person in accordance with Section 41-6a-507; and
(b) the court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.

(3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison sentence and places the defendant on probation:
(a) the court shall impose:

(i) a fine of not less than $1,500;
(ii) a jail sentence of not less than 1,500 hours; and
(iii) supervised probation; and

(b) in lieu of Subsection (3)(a)(ii), the court may require the person to participate in home confinement of not fewer than 1,500 hours through the use of electronic monitoring in accordance with Section 41-6a-506.

(4) For Subsection (3)(a) or Subsection 41-6a-503(2)(b), the court shall impose an order requiring the person to obtain a screening and assessment for alcohol and substance abuse, and treatment as appropriate.

(5)
(a) The requirements of Subsections (1)(a), (2)(a), (3)(a), and (4) may not be suspended.
(b) Probation or parole resulting from a conviction for a violation under this section may not be terminated.
(6) If a person is convicted of a violation of Section 41-6a-502 and there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court shall order the following, or describe on record why the order or orders are not appropriate:

(a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
(b) one or more of the following:

(i) the installation of an ignition interlock system as a condition of probation for the person 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 person; or
(iii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.

41-6a-506 Electronic monitoring requirements for certain driving under the influence violations.

(1) If the court orders a person to participate in home confinement through the use of electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation monitoring agency, law enforcement units, or contract provider of the defendant’s whereabouts.
(2) The electronic monitoring device shall be used under conditions which require:

(a) the person to wear an electronic monitoring device at all times;
(b) that a device be placed in the home or other specified location of the person, so that the person’s compliance with the court’s order may be monitored; and
(c) the person to pay the costs of the electronic monitoring.

(3) The court shall order the appropriate entity described in Subsection (5) to place an electronic monitoring device on the person and install electronic monitoring equipment in the residence of the person or other specified location.

(4) The court may:
(a) require the person’s electronic home monitoring device to include a substance abuse testing instrument;
(b) restrict the amount of alcohol the person may consume during the time the person is subject to home confinement;
(c) set specific time and location conditions that allow the person to attend school educational classes, or employment and to travel directly between those activities and the person’s home; and
(d) waive all or part of the costs associated with home confinement if the person is determined to be indigent by the court.

(5) The electronic monitoring described in this section may either be administered directly by the appropriate corrections agency, probation monitoring agency, or by contract with a private provider.
(6) The electronic monitoring provider shall cover the costs of waivers by the court under Subsection (4)(d).

41-6a-507 Supervised probation for certain driving under the influence violations.

(1) If supervised probation is ordered under Section 41-6a-505 or 41-6a-517:
(a) the court shall specify the period of the probation;
(b) the person shall pay all of the costs of the probation; and
(c) the court may order any other conditions of the probation.

(2) The court shall provide the probation described in this section by contract with a probation monitoring agency or a private probation provider.
(3) The probation provider described in Subsection (2) shall monitor the person’s compliance with all conditions of the person’s sentence, conditions of probation, and court orders received under this part and shall notify the court of any failure to comply with or complete that sentence or those conditions or orders.
(4)
(a) The court may waive all or part of the costs associated with probation if the person is determined to be indigent by the court.
(b) The probation provider described in Subsection (2) shall cover the costs of waivers by the court under Subsection (4)(a).

41-6a-508 Arrest without a warrant for a driving under the influence violation.
A peace officer may, without a warrant, arrest a person for a violation of Section 41-6a-502 when the peace officer has probable cause to believe the violation has occurred, although not in the peace officer’s presence, and if the peace officer has probable cause to believe that the violation was committed by the person.

41-6a-509 Driver license suspension or revocation for a driving under the influence violation.

(1) The Driver License Division shall, if the person is 21 years of age or older at the time of arrest:
(a) suspend for a period of 120 days the operator’s license of a person convicted for the first time under Section 41-6a-502 of an offense committed on or after July 1, 2009; or
(b) revoke for a period of two years the license of a person if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(ii) the current driving under the influence violation under Section 41-6a-502 is committed:
(A) within a period of 10 years from the date of the prior violation; and

(B) on or after July 1, 2009.
(2) The Driver License Division shall, if the person is 19 years of age or older but under 21 years of age at the time of arrest:
(a) suspend the person’s driver license until the person is 21 years of age or for a period of one year, whichever is longer, if the person is convicted for the first time of a driving under the influence violation under Section 41-6a-502 of an offense that was committed on or after July 1, 2011;
(b) deny the person’s application for a license or learner’s permit until the person is 21 years of age or for a period of one year, whichever is longer, if the person:
(i) is convicted for the first time of a driving under the influence violation under Section 41-6a-502 of an offense committed on or after July 1, 2011; and
(ii) has not been issued an operator license;

(c) revoke the person’s driver license until the person is 21 years of age or for a period of two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(ii) the current driving under the influence violation under Section 41-6a-502 is committed on or after July 1, 2009, and within a period of 10 years from the date of the prior violation; or

(d) deny the person’s application for a license or learner’s permit until the person is 21 years of age or for a period of two years, whichever is longer, if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
(ii) the current driving under the influence violation under Section 41-6a-502 is committed on or after July 1, 2009, and within a period of 10 years from the date of the prior violation; and
(iii) the person has not been issued an operator license.

(3) The Driver License Division shall, if the person is under 19 years of age at the time of arrest:
(a) suspend the person’s driver license until the person is 21 years of age if the person is convicted for the first time of a driving under the influence violation under Section 41-6a-502 of an offense that was committed on or after July 1, 2009;
(b) deny the person’s application for a license or learner’s permit until the person is 21 years of age if the person:
(i) is convicted for the first time of a driving under the influence violation under Section 41-6a-502 of an offense committed on or after July 1, 2009; and

(ii) has not been issued an operator license;
(c) revoke the person’s driver license until the person is 21 years of age if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(ii) the current driving under the influence violation under Section 41-6a-502 is committed on or after July 1, 2009, and within a period of 10 years from the date of the prior violation; or

(d) deny the person’s application for a license or learner’s permit until the person is 21 years of age if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
(ii) the current driving under the influence violation under Section 41-6a-502 is committed on or after July 1, 2009, and 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 (10).
(5) The Driver License Division shall:
(a) deny, suspend, or revoke the operator’s license of a person convicted under Section 41-6a-502 of an offense that was committed prior to July 1, 2009, for the denial, suspension, or revocation periods in effect prior to July 1, 2009; or
(b) deny, suspend, or revoke the operator’s license of a person for the denial, suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
(i) the person was 20 years of age or older but under 21 years of age at the time of arrest; and
(ii) the conviction under Section 41-6a-502 is for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011.

(6) 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.
(7) If a conviction recorded as impaired driving is amended to a driving under the influence conviction under Section 41-6a-502 in accordance with Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
(a) may not subtract from any suspension or revocation any time for which a license was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
(b) shall start the suspension or revocation time under Subsection (1) on the date of the amended conviction.

(8) A court that reported a conviction of a violation of Section 41-6a-502 for a violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
(a) completes at least six months of the license suspension;(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection (8)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment under Subsection (8)(c);
(e) completes an educational series if substance abuse treatment is not required by an assessment under Subsection (8)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle during the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
(g) has complied with all the terms of the person’s probation or all orders of the court if not ordered to probation; and
(h)

(i) is 18 years of age or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol during the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
(ii) is under 18 years of age and has the person’s parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian’s knowledge the person has not unlawfully consumed alcohol during the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).

(9) If the court shortens a person’s license suspension period in accordance with the requirements of Subsection (8), the court shall forward the order shortening the person’s suspension period prior to the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) to the Driver License Division.
(10)
(a)
(i) In addition to any other penalties provided in this section, a court may order the operator’s license of a person who is convicted of a violation of Section 41-6a-502 to be suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards.
(ii) The additional suspension or revocation period provided in this Subsection (10) shall begin the date on which the individual would be eligible to reinstate the individual’s driving privilege for a violation of Section 41-6a-502.

(b) If the court suspends or revokes the person’s license under this Subsection (10), 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.
(11)
(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 (11)(a), the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).

41-6a-510 Local DUI and related ordinances and reckless driving and impaired driving ordinances — Consistent with code.
(1) An ordinance adopted by a local authority that governs the following matters shall be consistent with the provisions in this code which govern the following matters:

(a) a person’s operating or being in actual physical control of a motor vehicle while having alcohol in the blood or while under the influence of alcohol or any drug or the combined influence of alcohol and any drug; or
(b) in relation to any of the matters described in Subsection (1)(a), the use of:

(i) a chemical test or chemical tests;
(ii) evidentiary presumptions;
(iii) penalties; or
(iv) any combination of the matters described in Subsection (1).

(2) An ordinance adopted by a local authority that governs reckless driving, impaired driving, or operating a vehicle in willful or wanton disregard for the safety of persons or property shall be consistent with the provisions of this code which govern those matters.

41-6a-511 Courts to collect and maintain data.

(1) The state courts shall collect and maintain data necessary to allow sentencing and enhancement decisions to be made in accordance with this part.
(2)
(a) Each justice court shall transmit dispositions electronically to the Department of Public Safety in accordance with the requirement for recertification established by the Judicial Council.
(b) Immediately upon filling the requirements under Subsection (2)(a), a justice court shall collect and report the same DUI related data elements collected and maintained by the state courts under Subsection (1).

(3) The department shall maintain an electronic data base for DUI related records and data including the data elements received or collected from the courts under this section.
(4)
(a) The Commission on Criminal and Juvenile Justice shall prepare an annual report of DUI related data including the following:
(i) the data collected by the courts under Subsections (1) and (2); and
(ii) any measures for which data are available to evaluate the profile and impacts of DUI recidivism and to evaluate the DUI related processes of:

(A) law enforcement;
(B) adjudication;
(C) sanctions;
(D) driver license control; and
(E) alcohol education, assessment, and treatment.
(b) The report shall be provided in writing to the Judiciary and Transportation Interim Committees no later than the last day of October following the end of the fiscal year for which the report is prepared.

41-6a-512 Factual basis for alcohol or drug-related reckless driving plea.

(1)
(a) The prosecution shall state for the record a factual basis for a plea, including whether or not there had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with the violation when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an original charge of a violation of Section 41-6a-502 for an offense committed before July 1, 2008:
(i) reckless driving under Section 41-6a-528; or
(ii) an ordinance enacted under Section 41-6a-510.
(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation.
(2) The court shall advise the defendant before accepting the plea offered under this section of the consequences of a violation of Section 41-6a-528.
(3) The court shall notify the Driver License Division of each conviction of Section 41-6a-528 entered under this section.

(4)
(a) The provisions in Subsections 41-6a-505(1), (2), and (4) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series or obtain substance abuse treatment or do a combination of those things, apply to a conviction for a violation of Section 41-6a-528 under Subsection (1).
(b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections 41-6a-505(1), (2), and (4).

41-6a-513 Acceptance of plea of guilty to DUI — Restrictions — Verification of prior violations — Prosecutor to examine defendant’s record.

(1) A court may not accept a plea of guilty or no contest to a charge under Section 41-6a-502 unless:
(a) the prosecutor agrees to the plea:
(i) in open court;
(ii) in writing; or
(iii) by another means of communication which the court finds adequate to record the prosecutor’s agreement;

(b) the charge is filed by information as defined under Section 77-1-3; or
(c) the court receives verification from a law enforcement agency that the defendant’s driver license record contains no record of a conviction, arrest, or charge for:
(i) more than one prior violation within the previous 10 years of any offense which, if the defendant were convicted, would qualify as a “conviction” as defined under Subsection 41-6a-501(2);
(ii) a felony violation of Section 41-6a-502; or
(iii) automobile homicide under Section 76-5-207.

(2) A verification under Subsection (1)(c) may be made by:
(a) a written indication on the citation;
(b) a separate written document; or
(c) any other means which the court finds adequate to record the law enforcement agency’s verification.
(3)

(a) Prior to agreeing to a plea of guilty or no contest or to filing an information under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant.
(b) If the defendant’s record contains a conviction or unresolved arrest or charge for an offense listed in Subsections (1)(c)(i) through (iii), a plea may only be accepted if:
(i) approved by:
(A) a district attorney;
(B) a deputy district attorney;
(C) a county attorney;
(D) a deputy county attorney;
(E) the attorney general; or
(F) an assistant attorney general; and
(ii) the attorney giving approval under Subsection (3)(b)(i) has felony jurisdiction over the case.
(4) A plea of guilty or no contest is not made invalid by the failure of the court, prosecutor, or law enforcement agency to comply with this section.

41-6a-514 Procedures — Adjudicative proceedings.
The department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.

41-6a-515 Standards for chemical breath or oral fluids analysis — Evidence.

(1) The commissioner of the department shall establish standards for the administration and interpretation of chemical analysis of a person’s breath or oral fluids, including standards of training.
(2) In any action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or any drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered as memoranda or records of acts, conditions, or events to prove that the analysis was made and the instrument used was accurate, according to standards established in Subsection (1), are admissible if:
(a) the judge finds that they were made in the regular course of the investigation at or about the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances of their preparation indicate their trustworthiness.

(3) If the judge finds that the standards established under Subsection (1) and the conditions of Subsection (2) have been met, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary.

41-6a-516 Admissibility of chemical test results in actions for driving under the influence — Weight of evidence.

(1)
(a) In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or drugs or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test or tests as authorized in Section 41-6a-520 are admissible as evidence.
(b)
(i) In a criminal proceeding, noncompliance with Section 41-6a-520 does not render the results of a chemical test inadmissible.
(ii) Evidence of a defendant’s blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.

(2) This section does not prevent a court from receiving otherwise admissible evidence as to a defendant’s blood or breath alcohol level or drug level at the time relevant to the alleged offense.

41-6a-517 Definitions — Driving with any measurable controlled substance in the body — Penalties — Arrest without warrant.

(1) As used in this section:
(a) “Controlled substance” has the same meaning as in Section 58-37-2.
(b) “Practitioner” has the same meaning as in Section 58-37-2.
(c) “Prescribe” has the same meaning as in Section 58-37-2.
(d) “Prescription” has the same meaning as in Section 58-37-2.

(2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person’s body.
(3) It is an affirmative defense to prosecution under this section that the controlled substance was:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused; or
(c) otherwise legally ingested.

(4)
(a) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under both this section and any applicable offense under Section 58-37-8.
(5) A peace officer may, without a warrant, arrest a person for a violation of this section when the officer has probable cause to believe the violation has occurred, although not in the officer’s presence, and if the officer has probable cause to believe that the violation was committed by the person.

(6) The Driver License Division shall, if the person is 21 years of age or older on the date of arrest:
(a) suspend, for a period of 120 days, the driver license of a person convicted under Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, for a period of two years, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009, and within a period of 10 years after the date of the prior violation.

(7) The Driver License Division shall, if the person is 19 years of age or older but under 21 years of age on the date of arrest:
(a) suspend, until the person is 21 years of age or for a period of one year, whichever is longer, the driver license of a person convicted under Subsection (2) of an offense committed on or after July 1, 2011; or
(b) revoke, until the person is 21 years of age or for a period of two years, whichever is longer, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009, and within a period of 10 years after the date of the prior violation.

(8) The Driver License Division shall, if the person is under 19 years of age on the date of arrest:
(a) suspend, until the person is 21 years of age, the driver license of a person convicted under Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, until the person is 21 years of age, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009, and within a period of 10 years after the date of the prior violation.

(9) The Driver License Division shall subtract from any suspension or revocation period the number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon which the record of conviction is based.
(10) The Driver License Division shall:
(a) deny, suspend, or revoke a person’s license for the denial and suspension periods in effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was committed prior to July 1, 2009; or
(b) deny, suspend, or revoke the operator’s license of a person for the denial, suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
(i) the person was 20 years of age or older but under 21 years of age at the time of arrest; and
(ii) the conviction under Subsection (2) is for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011.

(11) A court that reported a conviction of a violation of this section for a violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection (11)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment under Subsection (11)(c);
(e) completes an educational series if substance abuse treatment is not required by the assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle during the suspension period imposed under Subsection (7)(a) or (8)(a);
(g) has complied with all the terms of the person’s probation or all orders of the court if not ordered to probation; and
(h)

(i) is 18 years of age or older and provides a sworn statement to the court that the person has not consumed a controlled substance not prescribed by a practitioner for use by the person or unlawfully consumed alcohol during the suspension period imposed under Subsection (7)(a) or (8)(a); or
(ii) is under 18 years of age and has the person’s parent or legal guardian provide an affidavit or other sworn statement to the court certifying that to the parent or legal guardian’s knowledge the person has not consumed a controlled substance not prescribed by a practitioner for use by the person or unlawfully consumed alcohol during the suspension period imposed under Subsection (7)(a) or (8)(a).

(12) If the court shortens a person’s license suspension period in accordance with the requirements of Subsection (11), the court shall forward the order shortening the person’s license suspension period prior to the completion of the suspension period imposed under Subsection (7)(a) or (8)(a) to the Driver License Division.

(13)
(a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered screening and assessment, educational series, and substance abuse treatment; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification, the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).
(14) The court shall order supervised probation in accordance with Section 41-6a-507 for a person convicted under Subsection (2).

41-6a-518.1 Tampering with an ignition interlock system.

(1) As used in this section:
(a) “ignition interlock system” has the same meaning as defined in Section 41-6a-518; and
(b) “interlock restricted driver” has the same meaning as defined in Section 41-6a-518.2.
(2)

(a) A person may not:
(i) circumvent or tamper with the operation of an ignition interlock system;
(ii) knowingly furnish an interlock restricted driver a motor vehicle without an ignition interlock system unless authorized under Subsection 41-6a-518(7);
(iii) blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of allowing an interlock restricted driver to operate a motor vehicle; or
(iv) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the system has been certified by the commissioner as required under Subsection 41-6a-518(8).

(b) An interlock restricted driver may not:
(i) rent, lease, or borrow a motor vehicle without an ignition interlock system; or
(ii) request another person to blow into an ignition interlock system in order to allow the interlock restricted driver to operate the motor vehicle.
(c) A violation of any provision under this Subsection (2) is a class B misdemeanor.

(3) It is an affirmative defense to a charge of a violation of this section if:
(a) the starting of a motor vehicle, or the request to start a motor vehicle, that is equipped with an ignition interlock system is done for the purpose of safety or mechanical repair of the system or the motor vehicle; and
(b) the interlock restricted driver does not operate the motor vehicle.

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); and
(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 driving under the influence violation under Section 41-6a-502 that was committed on or after July 1, 2009;
(C)

(I) within the last three years has been convicted of an offense that occurred after May 1, 2006 which would be a conviction as defined under Section 41-6a-501; and
(II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years from the date that one or more prior offenses was committed if the prior offense resulted in a conviction as defined in Subsection 41-6a-501(2);
(D) within the last three years has been convicted of a violation of this section;
(E) within the last three years has had the person’s driving privilege revoked for refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred after May 1, 2006;
(F) within the last three years has been convicted of a violation of Section 41-6a-502 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 for an offense that occurred after May 1, 2006; or
(H) within the last 10 years has been convicted of automobile homicide under Section 76-5-207 for an offense that occurred after May 1, 2006; and
(ii) “interlock restricted driver” does not include a person if:

(A) the person’s conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under Section 41-6a-517; and
(B) all of the person’s prior convictions described in Subsection (1)(b)(i)(C)(II) are convictions under Section 41-6a-517.
(2) 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.
(3) An interlock restricted driver that operates or is in actual physical control of a vehicle in this state without an ignition interlock system is guilty of a class B misdemeanor.

(4)
(a) It is an affirmative defense to a charge of a violation of Subsection (3) if:
(i) an interlock restricted driver:
(A) operated or was in actual physical control of a vehicle owned by the interlock restricted driver’s employer;
(B) 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 (4)(a)(i); and

(C) had on the interlock restricted driver’s person or in the vehicle at the time of operation or physical control proof of having given notice to the interlock restricted driver’s employer; and
(ii) the operation or actual physical control under Subsection (4)(a)(i)(A) was in the scope of the interlock restricted driver’s employment.
(b) The affirmative defense under Subsection (4)(a) does not apply to:
(i) an employer-owned motor vehicle that is made available to an interlock restricted driver for personal use; or
(ii) a motor vehicle owned by a business entity that is all or partly owned or controlled by the interlock restricted driver.

Effective 5/12/2015

41-6a-518 Ignition interlock devices — Use — Probationer to pay cost — Impecuniosity — Fee.
(1) As used in this section:
(a) “Commissioner” means the commissioner of the Department of Public Safety.
(b) “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.
(c) “Probation provider” means the supervisor and monitor of the ignition interlock system required as a condition of probation who contracts with the court in accordance with Subsections 41-6a-507(2) and (3).

(2)
(a) In addition to any other penalties imposed under Sections 41-6a-503 and 41-6a-505, and in addition to any requirements imposed as a condition of probation, the court may require that any person who is convicted of violating Section 41-6a-502 and who is granted probation may not operate a motor vehicle during the period of probation unless that motor vehicle is equipped with a functioning, certified ignition interlock system installed and calibrated so that the motor vehicle will not start or continuously operate if the operator’s blood alcohol concentration exceeds a level ordered by the court.
(b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when the violation occurred, the court shall order the installation of the ignition interlock system as a condition of probation.

(c)
(i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of the interlock ignition system, at the person’s expense, for all motor vehicles registered to that person and all motor vehicles operated by that person.
(ii) A person who operates a motor vehicle without an ignition interlock device as required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
(d) The division shall post the ignition interlock restriction on the electronic record available to law enforcement.
(e) This section does not apply to a person convicted of a violation of Section 41-6a-502 whose violation involves drugs other than alcohol.

(3) If the court imposes the use of an ignition interlock system as a condition of probation, the court shall:
(a) stipulate on the record the requirement for and the period of the use of an ignition interlock system;
(b) order that an ignition interlock system be installed on each motor vehicle owned or operated by the probationer, at the probationer’s expense;
(c) immediately notify the Driver License Division and the person’s probation provider of the order; and
(d) require the probationer to provide proof of compliance with the court’s order to the probation provider within 30 days of the order.

(4)
(a) The probationer shall provide timely proof of installation within 30 days of an order imposing the use of a system or show cause why the order was not complied with to the court or to the probationer’s probation provider.
(b) The probation provider shall notify the court of failure to comply under Subsection (4)(a).
(c) For failure to comply under Subsection (4)(a) or upon receiving the notification under Subsection (4)(b), the court shall order the Driver License Division to suspend the probationer’s driving privileges for the remaining period during which the compliance was imposed.
(d) Cause for failure to comply means any reason the court finds sufficiently justifiable to excuse the probationer’s failure to comply with the court’s order.

(5)
(a) Any probationer required to install an ignition interlock system shall have the system monitored by the manufacturer or dealer of the system for proper use and accuracy at least semiannually and more frequently as the court may order.
(b)
(i) A report of the monitoring shall be issued by the manufacturer or dealer to the court or the person’s probation provider.
(ii) The report shall be issued within 14 days following each monitoring.

(6)
(a) If an ignition interlock system is ordered installed, the probationer shall pay the reasonable costs of leasing or buying and installing and maintaining the system.
(b) A probationer may not be excluded from this section for inability to pay the costs, unless:
(i) the probationer files an affidavit of impecuniosity; and
(ii) the court enters a finding that the probationer is impecunious.
(c) In lieu of waiver of the entire amount of the cost, the court may direct the probationer to make partial or installment payments of costs when appropriate.
(d) The ignition interlock provider shall cover the costs of waivers by the court under this Subsection (6).

(7)
(a) If a probationer is required in the course and scope of employment to operate a motor vehicle owned by the probationer’s employer, the probationer may operate that motor vehicle without installation of an ignition interlock system only if:
(i) the motor vehicle is used in the course and scope of employment;
(ii) the employer has been notified that the employee is restricted; and
(iii) the employee has proof of the notification in the employee’s possession while operating the employer’s motor vehicle.
(b)
(i) To the extent that an employer-owned motor vehicle is made available to a probationer subject to this section for personal use, no exemption under this section shall apply.
(ii) A probationer intending to operate an employer-owned motor vehicle for personal use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock system shall notify the employer and obtain consent in writing from the employer to install a system in the employer-owned motor vehicle.
(c) A motor vehicle owned by a business entity that is all or partly owned or controlled by a probationer subject to this section is not a motor vehicle owned by the employer and does not qualify for an exemption under this Subsection (7).

(8)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules setting standards for the certification of ignition interlock systems.
(b) The standards under Subsection (8)(a) shall require that the system:
(i) not impede the safe operation of the motor vehicle;
(ii) have features that make circumventing difficult and that do not interfere with the normal use of the motor vehicle;
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
(iv) prevent the motor vehicle from being started if the driver’s breath alcohol concentration exceeds a specified level;
(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.

41-6a-519 Municipal attorneys for specified offenses may prosecute for certain DUI offenses and driving while license is suspended or revoked.
The following class A misdemeanors may be prosecuted by attorneys of cities and towns and other prosecutors authorized elsewhere in this code to prosecute these alleged violations:

(1) alleged class A misdemeanor violations of Section 41-6a-502; and
(2) alleged violations of Section 53-3-227, which consist of the person operating a vehicle while the person’s driving privilege is suspended or revoked for:
(a) a violation of Section 41-6a-502;
(b) a local ordinance which complies with the requirements of Section 41-6a-510, 41-6a-520, or 76-5-207; or
(c) 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 the sections or ordinances identified in Subsection (2)(a) or (b).

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, 53-3-231, or 53-3-232;
(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 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:

(A) take the Utah license certificate or permit, if any, of the operator;
(B) issue a temporary license certificate effective for only 29 days from the date of arrest; and
(C) 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) A citation issued by a peace officer may, if provided in a manner specified by the Driver License Division, also serve as the temporary license certificate.
(d) 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 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.

41-6a-521 Revocation hearing for refusal — Appeal.

(1)
(a) A person who has been notified of the Driver License Division’s intention to revoke the person’s license under Section 41-6a-520 is entitled to a hearing.
(b) A request for the hearing shall be made in writing within 10 calendar days after the day on which notice is provided.
(c) Upon request in a manner specified by the Driver License Division, the Driver License Division shall grant to the person an opportunity to be heard within 29 days after the date of arrest.
(d) If the person does not make a request for a hearing before the Driver License Division under this Subsection (1), the person’s privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the date of arrest:
(i) for a person 21 years of age or older on the date of arrest, for a period of:

(A) 18 months, unless Subsection (1)(d)(i)(B) applies; or
(B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a previous:
(I) license sanction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, 53-3-231, or 53-3-232; or
(II) conviction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502;
(ii) for a person under 21 years of age on the date of arrest:

(A) until the person is 21 years of age or for a period of two years, whichever is longer, if the arrest was made on or after July 1, 2011, unless Subsection (1)(d)(ii)(B) applies; or
(B) until the person is 21 years of age or for a period of 36 months, whichever is longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:

(2)
(a) Except as provided in Subsection (2)(b), if a hearing is requested by the person, the hearing shall be conducted by the Driver License Division in:
(i) the county in which the offense occurred; or
(ii) a county which is adjacent to the county in which the offense occurred.
(b) The Driver License Division may hold a hearing in some other county if the Driver License Division and the person both agree.

(3) The hearing shall be documented and shall cover the issues of:
(a) whether a peace officer had reasonable grounds to believe that a person was operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, 53-3-231, or 53-3-232; and
(b) whether the person refused to submit to the test or tests under Section 41-6a-520.

(4)
(a) In connection with the hearing, the division or its authorized agent:
(i) may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; and
(ii) shall issue subpoenas for the attendance of necessary peace officers.
(b) The Driver License Division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 78B-1-119.

(5)
(a) If after a hearing, the Driver License Division determines that the person was requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the person fails to appear before the Driver License Division as required in the notice, the Driver License Division shall revoke the person’s license or permit to operate a motor vehicle in Utah beginning on the date the hearing is held:
(i) for a person 21 years of age or older on the date of arrest, for a period of:

(A) 18 months unless Subsection (5)(a)(i)(B) applies; or
(B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a previous:
(I) license sanction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, 53-3-231, or 53-3-232; or

(II) conviction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502;
(ii) for a person under 21 years of age on the date of arrest:
(A) until the person is 21 years of age or for a period of two years, whichever is longer, for an arrest that was made on or after July 1, 2011, and unless Subsection (5)(a)(ii)(B) applies; or
(B) until the person is 21 years of age or for a period of 36 months, whichever is longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:

(I) license sanction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, 53-3-231, or 53-3-232; or
(II) conviction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502; or
(iii) for a person that was arrested prior to July 1, 2009, for the revocation periods in effect prior to July 1, 2009.
(b) The Driver License Division shall also assess against the person, in addition to any fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid before the person’s driving privilege is reinstated, to cover administrative costs.
(c) The fee shall be cancelled if the person obtains an unappealed court decision following a proceeding allowed under Subsection (2) that the revocation was improper.

(6)
(a) Any person whose license has been revoked by the Driver License Division under this section following an administrative hearing may seek judicial review.
(b) Judicial review of an informal adjudicative proceeding is a trial.
(c) Venue is in the district court in the county in which the offense occurred.

41-6a-522 Person incapable of refusal.
Any person who is dead, unconscious, or in any other condition rendering the person incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent provided for in Subsection 41-6a-520(1), and the test or tests may be administered whether the person has been arrested or not.

41-6a-523 Persons authorized to draw blood — Immunity from liability.

(1)
(a) Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content:
(i) a physician;
(ii) a registered nurse;
(iii) a licensed practical nurse;
(iv) a paramedic;
(v) as provided in Subsection (1)(b), emergency medical service personnel other than paramedics; or
(vi) a person with a valid permit issued by the Department of Health under Section 26-1-30.

(b) The Department of Health may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 26-8a-102, are authorized to draw blood under Subsection (1)(a)(v), based on their type of certification under Section 26-8a-302.
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(2) The following are immune from civil or criminal liability arising from drawing a blood sample from a person whom a peace officer has reason to believe is driving in violation of this chapter, if the sample is drawn in accordance with standard medical practice:
(a) a person authorized to draw blood under Subsection (1)(a); and
(b) if the blood is drawn at a hospital or other medical facility, the medical facility.

41-6a-524 Refusal as evidence.
If a person under arrest refuses to submit to a chemical test or tests or any additional test under Section 41-6a-520, evidence of any refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while:
(1) under the influence of:
(a) alcohol;
(b) any drug; or
(c) a combination of alcohol and any drug;
(2) having any measurable controlled substance or metabolite of a controlled substance in the person’s body;
(3) having any measurable or detectable amount of alcohol in the person’s body if the person is an alcohol restricted driver as defined under Section 41-6a-529; or
(4) having any measurable or detectable amount of alcohol in the person’s body if the person has been issued a conditional license under Section 53-3-232.

41-6a-525 Reporting test results — Immunity from liability.

(1) As used in this section, “health care provider” means a person licensed under:
(a)Title 58, Chapter 31b, Nurse Practice Act;
(b)Title 58, Chapter 67, Utah Medical Practice Act; or
(c)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.

(2) A health care provider who is providing medical care to any person involved in a motor vehicle crash may notify, as soon as reasonably possible, the nearest peace officer or law enforcement agency if the health care provider has reason to believe, as a result of any test performed in the course of medical treatment, that the:
(a) person’s blood alcohol concentration meets or exceeds the limits under Subsection 41-6a-502(1)(a);
(b) person is younger than 21 years of age and has any measurable blood, breath, or urine alcohol concentration in the person’s body; or
(c) person has any measurable controlled substance or metabolite of a controlled substance in the person’s body which could be a violation of Subsection 41-6a-502(1)(b) or Section 41-6a-517.

(3) The report under Subsection (2) shall consist of the:
(a) name of the person being treated;
(b) date and time of the administration of the test; and
(c) results disclosed by the test.

(4) A health care provider participating in good faith in making a report or assisting an investigator from a law enforcement agency pursuant to this section is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.
(5) A report under Subsection (2) may not be used to support a finding of probable cause that a person who is not a driver of a vehicle has committed an offense.
41-6a-526 Drinking alcoholic beverage and open containers in motor vehicle prohibited — Definitions — Exceptions.

(1) As used in this section:
(a) “Alcoholic beverage” has the same meaning as defined in Section 32B-1-102.
(b) “Chartered bus” has the same meaning as defined in Section 32B-1-102.
(c) “Limousine” has the same meaning as defined in Section 32B-1-102.
(d)
(i) “Passenger compartment” means the area of the vehicle normally occupied by the operator and passengers.
(ii) “Passenger compartment” includes areas accessible to the operator and passengers while traveling, including a utility or glove compartment.
(iii) “Passenger compartment” does not include a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle.
(e) “Waters of the state” has the same meaning as defined in Section 73-18-2.

(2) A person may not drink any alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of the state.
(3) A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport in the passenger compartment of a motor vehicle, when the vehicle is on any highway or waters of the state, any container which contains any alcoholic beverage if the container has been opened, its seal broken, or the contents of the container partially consumed.

(4) Subsections (2) and (3) do not apply to a passenger:
(a) in the living quarters of a motor home or camper;
(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in compliance with Subsections 32B-4-415(4)(b) and (c); or
(c) in a motorboat on the waters of the state.
(5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
(6) A violation of Subsection (2) or (3) is a class C misdemeanor.

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-530, 41-6a-606, 53-3-231, 53-3-232, Subsections 53-3-227(3)(a)(i) through (vi), Subsection 53-3-227(3)(a)(ix), 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-530, 53-3-231, 53-3-232, 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.

41-6a-528 Reckless driving — Penalty.

(1) A person is guilty of reckless driving who operates a vehicle:
(a) in willful or wanton disregard for the safety of persons or property; or
(b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous period of driving covering three miles or less in total distance.
(2) A person who violates Subsection (1) is guilty of a class B misdemeanor.

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;
(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, 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, 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 for refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred on or after July 1, 2005; or
(ii) has been convicted of a class A misdemeanor violation of Section 41-6a-502 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; or
(ii) 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) automobile homicide under 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 for an offense that occurred on or after July 1, 2005; or
(f) at the time of operation of a vehicle is under 21 years of age.
(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.

41-6a-530 Alcohol restricted drivers — Prohibited from operating a vehicle while having any measurable or detectable amount of alcohol in the person’s body — Penalties.
(1) An alcohol restricted driver who operates or is in actual physical control of a vehicle in this state with any measurable or detectable amount of alcohol in the person’s body is guilty of a class B misdemeanor.
(2) A “measurable or detectable amount” of alcohol in the person’s body may be established by:
(a) a chemical test;
(b) evidence other than a chemical test; or
(c) a combination of Subsections (2)(a) and (b).
(3) For any person convicted of a violation of this section, the court shall order the installation of an ignition interlock system as a condition of probation in accordance with Section 41-6a-518 or describe on the record or in a minute entry why the order would not be appropriate.