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H.B. 209
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DRIVING UNDER THE INFLUENCE
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Nora B. Stephens
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AN ACT RELATING TO MOTOR VEHICLES AND PUBLIC SAFETY; AMENDING
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DRIVING UNDER THE INFLUENCE PENALTIES; AMENDING ADMINISTRATIVE FEE
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PROVISIONS; AMENDING ALCOHOL OR DRUG ENFORCEMENT FUNDING
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PROVISIONS; AMENDING CERTAIN HEARING PROVISIONS; AMENDING ALCOHOL
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TRAINING AND EDUCATION SEMINAR REQUIREMENTS; PROVIDING CERTAIN
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RULEMAKING; AND MAKING TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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41-6-44, as last amended by Chapters 33, 226 and 258, Laws of Utah 1999
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41-6-44.6, as last amended by Chapter 226, Laws of Utah 1999
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41-6-44.7, as enacted by Chapter 174, Laws of Utah 1994
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41-6-44.10, as last amended by Chapter 226, Laws of Utah 1999
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41-6-44.30, as last amended by Chapters 125 and 270, Laws of Utah 1998
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53-1-117, as last amended by Chapter 247, Laws of Utah 1998
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53-3-106, as last amended by Chapter 247, Laws of Utah 1998
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53-3-223, as last amended by Chapter 226, Laws of Utah 1999
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53-3-231, as last amended by Chapter 226, Laws of Utah 1999
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53-3-418, as last amended by Chapter 226, Laws of Utah 1999
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62A-8-103.5, as enacted by Chapter 276, Laws of Utah 1997
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62A-8-107, as last amended by Chapter 30, Laws of Utah 1992
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ENACTS:
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53-3-233, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-6-44
is amended to read:
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41-6-44. Driving under the influence of alcohol, drugs, or with specified or unsafe
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blood alcohol concentration -- Measurement of blood or breath alcohol -- Criminal
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punishment -- Arrest without warrant -- Penalties -- Suspension or revocation of license.
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(1) As used in this section:
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(a) "educational series" means an educational series obtained at a substance abuse program
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that is approved by the Board of Substance Abuse in accordance with Section
62A-8-107
;
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[(a)] (b) "prior conviction" means any conviction for a violation of:
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(i) this section;
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(ii) alcohol-related reckless driving under Subsections (9) and (10);
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(iii) local ordinances similar to this section or alcohol-related reckless driving adopted in
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compliance with Section
41-6-43
;
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(iv) automobile homicide under Section
76-5-207
; or
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(v) statutes or ordinances in effect in any other state, the United States, or any district,
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possession, or territory of the United States which would constitute a violation of this section or
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alcohol-related reckless driving if committed in this state, including punishments administered
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under 10 U.S.C. Sec. 815;
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(c) "screening and assessment" means a substance abuse addiction and dependency
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screening and assessment obtained at a substance abuse program that is approved by the Board of
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Substance Abuse in accordance with Section
62A-8-107
;
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[(b)] (d) "serious bodily injury" means bodily injury that creates or causes serious
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permanent disfigurement, protracted loss or impairment of the function of any bodily member or
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organ, or creates a substantial risk of death;
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(e) "substance abuse treatment" means treatment obtained at a substance abuse program
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that is approved by the Board of Substance Abuse in accordance with Section
62A-8-107
;
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(f) "substance abuse treatment program" means a state licensed substance abuse program;
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[(c)] (g) a violation of this section includes a violation under a local ordinance similar to
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this section adopted in compliance with Section
41-6-43
; and
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[(d)] (h) the standard of negligence is that of simple negligence, the failure to exercise that
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degree of care that an ordinarily reasonable and prudent person exercises under like or similar
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circumstances.
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(2) (a) A person may not operate or be in actual physical control of a vehicle within this
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state if the person:
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(i) has sufficient alcohol in his body that a chemical test given within two hours of the
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alleged operation or physical control shows that the person has a blood or breath alcohol
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concentration of .08 grams or greater; or
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(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
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any drug to a degree that renders the person incapable of safely operating a vehicle.
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(b) The fact that a person charged with violating this section is or has been legally entitled
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to use alcohol or a drug is not a defense against any charge of violating this section.
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(c) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
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milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol
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per 210 liters of breath.
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(3) (a) A person convicted the first or second time of a violation of Subsection (2) is guilty
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of a:
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(i) class B misdemeanor; or
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(ii) class A misdemeanor if the person:
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(A) has also inflicted bodily injury upon another as a proximate result of having operated
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the vehicle in a negligent manner; or
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(B) had a passenger under 16 years of age in the vehicle at the time of the offense.
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(b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony
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if the person has also inflicted serious bodily injury upon another as a proximate result of having
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operated the vehicle in a negligent manner.
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(4) (a) As part of any sentence imposed the court shall, upon a first conviction, impose a
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mandatory jail sentence of not less than 48 consecutive hours.
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(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
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(i) work in a compensatory-service work program for not less than 24 hours; or
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(ii) participate in home confinement through the use of electronic monitoring in
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accordance with Subsection (13).
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(c) In addition to the jail sentence, compensatory-service work program, or home
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confinement, the court shall:
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(i) order the person to participate in [an assessment and educational series at a licensed
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alcohol or drug dependency rehabilitation facility, as appropriate] a screening and assessment;
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[and]
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(ii) order the person to participate in an educational series if the court does not order
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substance abuse treatment as described under Subsection (4)(d); and
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[(ii)] (iii) impose a fine of not less than $700.
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(d) [For a violation committed after July 1, 1993, the] The court may order the person to
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obtain substance abuse treatment [at an alcohol or drug dependency rehabilitation facility] if the
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[licensed alcohol or drug dependency rehabilitation facility] substance abuse treatment program
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determines that [the person has a problem condition involving alcohol or drugs] substance abuse
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treatment is appropriate.
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(5) (a) If a person is convicted under Subsection (2) within six years of a prior conviction
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under this section, the court shall as part of any sentence impose a mandatory jail sentence of not
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less than 240 consecutive hours.
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(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
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(i) work in a compensatory-service work program for not less than [80] 240 hours; or
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(ii) participate in home confinement through the use of electronic monitoring in
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accordance with Subsection (13).
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(c) In addition to the jail sentence, compensatory-service work program, or home
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confinement, the court shall:
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(i) order the person to participate in [an assessment and educational series at a licensed
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alcohol or drug dependency rehabilitation facility, as appropriate] a screening and assessment;
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[and]
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(ii) order the person to participate in an educational series if the court does not order
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substance abuse treatment as described under Subsection (5)(d); and
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[(ii)] (iii) impose a fine of not less than $800.
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(d) The court may order the person to obtain substance abuse treatment [at an alcohol or
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drug dependency rehabilitation facility] if the substance abuse treatment program determines that
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substance abuse treatment is appropriate.
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(6) (a) (i) A third or subsequent conviction for a violation committed within six years of
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two or more prior convictions under this section is a third degree felony.
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(ii) A prison sentence under this Subsection (6)(a) shall be imposed for not less than ten
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days.
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(b) Under Subsection (3)(b) or (6)(a), if the court suspends the execution of a prison
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sentence and places the defendant on probation the court shall impose:
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(i) a fine of not less than $1,500; and
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(ii) a mandatory jail sentence of not less than 1,000 hours[; and].
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[(iii)] (c) For Subsection (6)(a) or (b), the court shall impose an order requiring the person
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to obtain a screening and assessment and substance abuse treatment at [an alcohol or drug
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dependency rehabilitation] a substance abuse treatment program providing intensive care or
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inpatient treatment and long-term closely supervised follow-through after treatment for not less
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than 240 hours.
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[(c)] (d) In addition to the penalties required under Subsection (6)(b), the court may require
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the person to participate in home confinement through the use of electronic monitoring in
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accordance with Subsection (13).
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(7) [(a)] The mandatory portion of any sentence required under this section may not be
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suspended and the convicted person is not eligible for parole or probation until any sentence
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imposed under this section has been served. Probation or parole resulting from a conviction for
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a violation under this section may not be terminated.
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[(b) The department may not reinstate any license suspended or revoked as a result of the
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conviction under this section, until the convicted person has furnished evidence satisfactory to the
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department that:]
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[(i) all required alcohol or drug dependency assessment, education, treatment, and
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rehabilitation ordered for a violation committed after July 1, 1993, have been completed;]
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[(ii) all fines and fees including fees for restitution and rehabilitation costs assessed against
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the person have been paid, if the conviction is a second or subsequent conviction for a violation
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committed within six years of a prior violation; and]
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[(iii) the person does not use drugs in any abusive or illegal manner as certified by a
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licensed alcohol or drug dependency rehabilitation facility, if the conviction is for a third or
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subsequent conviction for a violation committed within six years of two prior violations committed
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after July 1, 1993.]
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(8) (a) (i) The provisions in Subsections (4), (5), and (6) that require a sentencing court to
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order a convicted person to: participate in [an] a screening and assessment; and an educational
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series [at a licensed alcohol or drug dependency rehabilitation facility]; obtain, in the discretion
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of the court, substance abuse treatment [at an alcohol or drug dependency rehabilitation facility];
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obtain, mandatorily, substance abuse treatment [at an alcohol or drug dependency rehabilitation
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facility]; or do a combination of those things, apply to a conviction for a violation of Section
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41-6-44.6
or
41-6-45
under Subsection (9).
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(ii) The court shall render the same order regarding [education] screening and assessment,
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an educational series, or substance abuse treatment [at an alcohol or drug dependency rehabilitation
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facility, or both,] in connection with a first, second, or subsequent conviction under Section
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41-6-44.6
or
41-6-45
under Subsection (9), as the court would render in connection with applying
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respectively, the first, second, or subsequent conviction requirements of Subsections (4), (5), and
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(6).
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[(b) Any alcohol or drug dependency rehabilitation program and any community-based or
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other education program provided for in this section shall be approved by the Department of
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Human Services.]
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(b) If a person fails to complete all court ordered screening and assessment, educational
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series, and substance abuse treatment, or fails to pay all fines and fees, including fees for restitution
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and treatment costs, the court shall notify the Driver License Division of a failure to comply. Upon
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receiving the notification, the division shall suspend the person's driving privilege in accordance
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with Subsections
53-3-221
(2) and (3).
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(9) (a) (i) When the prosecution agrees to a plea of guilty or no contest to a charge of a
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violation of Section
41-6-45
, of an ordinance enacted under Section
41-6-43
, or of Section
174
41-6-44.6
in satisfaction of, or as a substitute for, an original charge of a violation of this section,
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the prosecution shall state for the record a factual basis for the plea, including whether or not there
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had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection
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with the violation.
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(ii) The statement is an offer of proof of the facts that shows whether there was
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consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the
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violation.
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(b) The court shall advise the defendant before accepting the plea offered under this
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Subsection (9)(b) of the consequences of a violation of Section
41-6-44.6
or of Section
41-6-45
.
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(c) The court shall notify the [department] Driver License Division of each conviction of
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Section
41-6-44.6
or
41-6-45
entered under this Subsection (9).
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(10) A peace officer may, without a warrant, arrest a person for a violation of this section
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when the officer has probable cause to believe the violation has occurred, although not in his
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presence, and if the officer has probable cause to believe that the violation was committed by the
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person.
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(11) (a) The [Department of Public Safety] Driver License Division shall:
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(i) suspend for 90 days the operator's license of a person convicted for the first time under
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Subsection (2);
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(ii) revoke for one year the license of a person convicted of any subsequent offense under
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Subsection (2) if the violation is committed within a period of six years from the date of the prior
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violation; and
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(iii) suspend or revoke the license of a person as ordered by the court under Subsection
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(12).
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(b) The [department] Driver License Division shall subtract from any suspension or
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revocation period the number of days for which a license was previously suspended under Section
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53-3-223
or
53-3-231
, if the previous suspension was based on the same occurrence upon which
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the record of conviction is based.
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(12) (a) In addition to any other penalties provided in this section, a court may order the
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operator's license of a person who is convicted of a violation of Subsection (2) to be suspended
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or revoked for an additional period of 90 days, 180 days, or one year to remove from the highways
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those persons who have shown they are safety hazards.
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(b) If the court suspends or revokes the person's license under this Subsection (12)(b), the
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court shall prepare and send to the Driver License Division [of the Department of Public Safety]
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an order to suspend or revoke that person's driving privileges for a specified period of time.
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(13) (a) If the court orders a person to participate in home confinement through the use of
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electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation
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monitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
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(b) The electronic monitoring device shall be used under conditions which require:
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(i) the person to wear an electronic monitoring device at all times;
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(ii) that a device be placed in the home or other specified location of the person, so that
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the person's compliance with the court's order may be monitored; and
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(iii) the person to pay the costs of the electronic monitoring.
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(c) The court shall order the appropriate entity described in Subsection (13)(e) to place an
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electronic monitoring device on the person and install electronic monitoring equipment in the
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residence of the person or other specified location.
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(d) The court may:
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(i) require the person's electronic home monitoring device to include an alcohol detection
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breathalyzer;
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(ii) restrict the amount of alcohol the person may consume during the time the person is
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subject to home confinement;
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(iii) set specific time and location conditions that allow the person to attend school
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educational classes, or employment and to travel directly between those activities and the person's
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home; and
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(iv) waive all or part of the costs associated with home confinement if the person is
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determined to be indigent by the court.
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(e) The electronic monitoring described in this section may either be administered directly
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by the appropriate corrections agency, probation monitoring agency, or by contract with a private
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provider.
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(f) The electronic monitoring provider shall cover the costs of waivers by the court under
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Subsection (13)(c)(iv).
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Section 2.
Section
41-6-44.6
is amended to read:
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41-6-44.6. Definitions -- Driving with any measurable controlled substance in the
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body -- Penalties -- Arrest without warrant.
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(1) As used in this section:
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(a) "Controlled substance" means any substance scheduled under Section
58-37-4
.
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(b) "Practitioner" has the same meaning as provided in Section
58-37-2
.
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(c) "Prescribe" has the same meaning as provided in Section
58-37-2
.
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(d) "Prescription" has the same meaning as provided in Section
58-37-2
.
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(2) In cases not amounting to a violation of Section
41-6-44
, a person may not operate or
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be in actual physical control of a motor vehicle within this state if the person has any measurable
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controlled substance or metabolite of a controlled substance in the person's body.
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(3) It is an affirmative defense to prosecution under this section that the controlled
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substance was involuntarily ingested by the accused or prescribed by a practitioner for use by the
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accused.
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(4) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
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(5) A peace officer may, without a warrant, arrest a person for a violation of this section
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when the officer has probable cause to believe the violation has occurred, although not in the
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officer's presence, and if the officer has probable cause to believe that the violation was committed
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by the person.
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(6) The Driver License Division shall:
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(a) suspend, for 90 days, the driver license of a person convicted under Subsection (2);
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(b) revoke, for one year, the driver license of a person convicted of a second or subsequent
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offense under Subsection (2) if the violation is committed within a period of six years after the date
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of the prior violation; and
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(c) subtract from any suspension or revocation period the number of days for which a
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license was previously suspended under Section
53-3-223
or
53-3-231
, if the previous suspension
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was based on the same occurrence upon which the record of conviction is based.
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[(7) The Driver License Division may not reinstate any license suspended or revoked as
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a result of a conviction under this section, until the convicted person has complied with the
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requirements of Subsection
41-6-44
(7)(b).]
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(7) If a person fails to complete all court ordered screening and assessment, educational
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series, and substance abuse treatment, or fails to pay all fines and fees, including fees for restitution
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and treatment costs, the court shall notify the Driver License Division of a failure to comply. Upon
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receiving the notification, the division shall suspend the person's driving privilege in accordance
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with Subsections
53-3-221
(2) and (3).
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Section 3.
Section
41-6-44.7
is amended to read:
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41-6-44.7. Ignition interlock devices -- Use -- Probationer to pay cost --
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Impecuniosity -- Fee.
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(1) As used in this section:
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(a) "Commissioner" means the commissioner of the Department of Public Safety.
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(b) "Ignition interlock system" or "system" means a constant monitoring device or any
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similar device certified by the commissioner that prevents a motor vehicle from being started
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without first determining the driver's breath alcohol concentration.
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(2) (a) In addition to any other penalties imposed under Section
41-6-44
, and in addition
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to any requirements imposed as a condition of probation, the court may require that any person
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who is convicted of violating Section
41-6-44
and who is granted probation may not operate a
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motor vehicle during the period of probation unless that motor vehicle is equipped with a
281
functioning, certified ignition interlock system installed and calibrated so that the motor vehicle
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will not start if the operator's blood alcohol concentration exceeds a level ordered by the court.
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(b) If a person convicted of violating Section
41-6-44
was under the age of 21 when the
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violation occurred, the court shall order the installation of the ignition interlock system as a
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condition of probation.
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(c) If a person is convicted of a violation of Section
41-6-44
within six years of a prior
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conviction of that section, the court shall order the installation of the ignition interlock system, at
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the person's expense, for all motor vehicles registered to that person and all motor vehicles
289
operated by that person for three years from the date of conviction.
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(3) [If] Except as provided in Subsection (2)(c), if the court imposes the use of an ignition
291
interlock system as a condition of probation, the court shall:
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(a) stipulate on the record the requirement for and the period of the use of an ignition
293
interlock system;
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(b) order that an ignition interlock system be installed on each motor vehicle owned or
295
operated by the probationer, at the probationer's expense;
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(c) order the probationer to submit his driver license to the Driver License Division in
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accordance with Subsection (5);
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(d) immediately notify the Driver License Division of the order; and
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(e) require the probationer to provide proof of compliance with the court's order to the
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probation officer within 30 days of the order.
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(4) (a) If the probationer fails to provide timely proof of installation within 30 days of an
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order imposing the use of a system or show cause why the order was not complied with, the court
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shall order the Driver License Division to suspend the probationer's driving privileges for the
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remaining period during which the compliance was imposed.
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(b) Cause for failure to comply means any reason the court finds sufficiently justifiable to
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excuse the probationer's failure to comply with the court's order.
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(5) (a) If use of an ignition interlock system is required under this section, the [probationer
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shall submit his driver license to the Driver License Division to obtain a driver license indicating
309
that the probationer may only operate a motor vehicle equipped with an ignition interlock system]
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division may not issue, reinstate, or renew the driver license of that person unless that requirement
311
is coded on the person's driver license.
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(b) (i) If the division receives a notice that a person with a valid driver license that does
313
not require a driver license withdrawal is required to use an ignition interlock system, the division
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shall notify the person that he has ten calendar days to apply to the division for an ignition
315
interlock system requirement coded on the license.
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(ii) The division shall suspend the driver license of the person after the ten-day period until
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the person applies to the division for an ignition interlock system requirement coded on the license.
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(6) (a) Any probationer required to install an ignition interlock system shall have the
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system monitored by the manufacturer or dealer of the system for proper use and accuracy at least
320
semiannually and more frequently as the court may order.
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(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the court.
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(ii) If the system is required as a condition of probation, the report shall be issued within
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14 days following each monitoring.
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(7) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
325
reasonable costs of leasing or buying and installing and maintaining the system.
326
(b) A probationer may not be excluded from this section for inability to pay the costs,
327
unless:
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(i) the probationer files an affidavit of impecuniosity; and
329
(ii) the court enters a finding that the probationer is impecunious.
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(c) In lieu of waiver of the entire amount of the cost, the court may direct the probationer
331
to make partial or installment payments of costs when appropriate.
332
(d) Subject to appropriation, the department shall lease or purchase the ignition interlock
333
system and reimburse each installer maintaining the system provided to probationers for whom
334
payment of costs has been waived or deferred on the grounds of indigency.
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(8) (a) An additional fee of $100 shall be paid to the court by each probationer ordered to
336
purchase, install, use, and maintain an ignition interlock system under this section.
337
(b) The fee shall be deposited with the department as a dedicated credit for the support
338
costs incurred for indigent individuals under Subsection (7)(d).
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(c) Failure to pay the fees required under this section shall, unless excused, constitute
340
sufficient basis for a finding by the court at a hearing that the probationer has failed to comply with
341
the terms of probation.
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(9) (a) If a probationer is required in the course and scope of employment to operate a
343
motor vehicle owned by the probationer's employer, the probationer may operate that motor
344
vehicle in the course and scope of employment without installation of an ignition interlock system
345
only if the employer has been notified that the employee is restricted and the employee has proof
346
of the notification in his possession while operating the employer's motor vehicle.
347
(b) (i) To the extent that an employer-owned motor vehicle is made available to a
348
probationer subject to this section for personal use, no exemption under this section shall apply.
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(ii) A probationer intending to operate an employer-owned motor vehicle for personal use
350
and who is restricted to the operation of a motor vehicle equipped with an ignition interlock system
351
shall notify the employer and obtain consent in writing from the employer to install a system in the
352
employer-owned motor vehicle.
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(c) A motor vehicle owned by a business entity that is all or partly owned or controlled by
354
a probationer subject to this section is not a motor vehicle owned by the employer and does not
355
qualify for an exemption under this Subsection (9).
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(10) Upon conviction for violation of this section, the court shall notify the Driver License
357
Division to immediately suspend the probationer's license to operate a motor vehicle for the
358
remainder of the period of probation.
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(11) (a) It is a class B misdemeanor for a person to:
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(i) circumvent or tamper with the operation of an ignition interlock system;
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(ii) knowingly furnish a motor vehicle without an ignition interlock system to someone
362
who is not authorized to drive a motor vehicle unless the motor vehicle is equipped with an
363
ignition interlock system that is in working order;
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(iii) rent, lease, or borrow a motor vehicle without an ignition interlock system if a driving
365
restriction is imposed under this section;
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(iv) request another person to blow into an ignition interlock system, if the person is
367
required to have a system and the person requests or solicits another to blow into the system to
368
start the motor vehicle in order to circumvent the system;
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(v) blow into an ignition interlock system or start a motor vehicle equipped with an
370
ignition interlock system for the purpose of providing an operable motor vehicle to another person
371
required to have a system; and
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(vi) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the
373
system has been certified by the commissioner and the manufacturer of the system has affixed a
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warning label, as approved by the commissioner on the system, stating that the tampering,
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circumventing, or other misuse of the system is a class B misdemeanor.
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(b) This Subsection (11) does not apply if the starting of a motor vehicle, or the request
377
to start a motor vehicle, equipped with an ignition interlock system is done for the purpose of
378
safety or mechanical repair of the system or the motor vehicle and the person subject to the court
379
order does not drive the motor vehicle.
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(12) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
381
the commissioner shall make rules setting standards for the certification of ignition interlock
382
systems.
383
(b) The standards shall require that the system:
384
(i) not impede the safe operation of the motor vehicle;
385
(ii) have features that make circumventing difficult and that do not interfere with the
386
normal use of the motor vehicle;
387
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
388
(iv) prevent the motor vehicle from being started if the driver's breath alcohol
389
concentration exceeds an ordered level;
390
(v) work accurately and reliably in an unsupervised environment;
391
(vi) resist tampering and give evidence if tampering is attempted;
392
(vii) operate reliably over the range of motor vehicle environments; and
393
(viii) be manufactured by a party who will provide liability insurance.
394
(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
395
independent laboratory tests relied upon in certification of ignition interlock systems by other
396
states.
397
(d) A list of certified systems shall be published by the commissioner and the cost of
398
certification shall be borne by the manufacturers or dealers of ignition interlock systems seeking
399
to sell, offer for sale, or lease the systems.
400
(e) In accordance with Section
63-38-3.2
, the commissioner may establish an annual dollar
401
assessment against the manufacturers of ignition interlock systems distributed in the state for the
402
costs incurred in certifying. The assessment shall be apportioned among the manufacturers on a
403
fair and reasonable basis.
404
(13) There shall be no liability on the part of, and no cause of action of any nature shall
405
arise against, the state or its employees in connection with the installation, use, operation,
406
maintenance, or supervision of an interlock ignition system as required under this section.
407
Section 4.
Section
41-6-44.10
is amended to read:
408
41-6-44.10. Implied consent to chemical tests for alcohol or drug -- Number of tests
409
-- Refusal -- Warning, report -- Hearing, revocation of license -- Appeal -- Person incapable
410
of refusal -- Results of test available -- Who may give test -- Evidence.
411
(1) (a) A person operating a motor vehicle in this state is considered to have given his
412
consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining
413
whether he was operating or in actual physical control of a motor vehicle while having a blood or
414
breath alcohol content statutorily prohibited under Section
41-6-44
,
53-3-231
, or
53-3-232
, while
415
under the influence of alcohol, any drug, or combination of alcohol and any drug under Section
416
41-6-44
, or while having any measurable controlled substance or metabolite of a controlled
417
substance in the person's body in violation of Section
41-6-44.6
, if the test is or tests are
418
administered at the direction of a peace officer having grounds to believe that person to have been
419
operating or in actual physical control of a motor vehicle while having a blood or breath alcohol
420
content statutorily prohibited under Section
41-6-44
,
53-3-231
, or
53-3-232
, or while under the
421
influence of alcohol, any drug, or combination of alcohol and any drug under Section
41-6-44
, or
422
while having any measurable controlled substance or metabolite of a controlled substance in the
423
person's body in violation of Section
41-6-44.6
.
424
(b) (i) The peace officer determines which of the tests are administered and how many of
425
them are administered.
426
(ii) If an officer requests more than one test, refusal by a person to take one or more
427
requested tests, even though he does submit to any other requested test or tests, is a refusal under
428
this section.
429
(c) (i) A person who has been requested under this section to submit to a chemical test or
430
tests of his breath, blood, or urine, may not select the test or tests to be administered.
431
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is
432
not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal,
433
civil, or administrative proceeding resulting from a person's refusal to submit to the requested test
434
or tests.
435
(2) (a) If the person has been placed under arrest, has then been requested by a peace
436
officer to submit to any one or more of the chemical tests under Subsection (1), and refuses to
437
submit to any chemical test requested, the person shall be warned by the peace officer requesting
438
the test or tests that a refusal to submit to the test or tests can result in revocation of the person's
439
license to operate a motor vehicle.
440
(b) Following the warning under Subsection (2)(a), if the person does not immediately
441
request that the chemical test or tests as offered by a peace officer be administered a peace officer
442
shall serve on the person, on behalf of the Driver License Division, immediate notice of the Driver
443
License Division's intention to revoke the person's privilege or license to operate a motor vehicle.
444
When the officer serves the immediate notice on behalf of the Driver License Division, he shall:
445
(i) take the Utah license certificate or permit, if any, of the operator;
446
(ii) issue a temporary license effective for only 29 days; and
447
(iii) supply to the operator, on a form approved by the Driver License Division, basic
448
information regarding how to obtain a hearing before the Driver License Division.
449
(c) A citation issued by a peace officer may, if approved as to form by the Driver License
450
Division, serve also as the temporary license.
451
(d) As a matter of procedure, the peace officer shall submit a signed report, within ten
452
calendar days after the date of the arrest, that he had grounds to believe the arrested person had
453
been operating or was in actual physical control of a motor vehicle while having a blood or breath
454
alcohol content statutorily prohibited under Section
41-6-44
,
53-3-231
, or
53-3-232
, or while under
455
the influence of alcohol, any drug, or combination of alcohol and any drug under Section
41-6-44
,
456
or while having any measurable controlled substance or metabolite of a controlled substance in the
457
person's body in violation of Section
41-6-44.6
, and that the person had refused to submit to a
458
chemical test or tests under Subsection (1).
459
(e) (i) A person who has been notified of the Driver License Division's intention to revoke
460
his license under this section is entitled to a hearing.
461
(ii) A request for the hearing shall be made in writing within ten calendar days after the
462
date of the arrest.
463
(iii) Upon written request, the division shall grant to the person an opportunity to be heard
464
within 29 days after the date of arrest.
465
(iv) If the person does not make a timely written request for a hearing before the division,
466
his privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the
467
date of arrest for a period of:
468
(A) one year unless Subsection (2)(e)(iv)(B) applies; or
469
(B) 18 months if the person has had a previous license sanction after July 1, 1993, under
470
this section, Section
41-6-44.6
,
53-3-223
,
53-3-231
,
53-3-232
, or a conviction after July 1, 1993,
471
under Section
41-6-44
.
472
(f) If a hearing is requested by the person, the hearing shall be conducted by the Driver
473
License Division in the county in which the offense occurred, unless the division and the person
474
both agree that the hearing may be held in some other county.
475
(g) The hearing shall be documented and shall cover the issues of:
476
(i) whether a peace officer had reasonable grounds to believe that a person was operating
477
a motor vehicle in violation of Section
41-6-44
,
41-6-44.6
, or
53-3-231
; and
478
(ii) whether the person refused to submit to the test.
479
(h) (i) In connection with the hearing, the division or its authorized agent:
480
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the
481
production of relevant books and papers; and
482
(B) shall issue subpoenas for the attendance of necessary peace officers.
483
(ii) The division shall pay witness fees and mileage from the Transportation Fund in
484
accordance with the rates established in Section
21-5-4
.
485
(i) If after a hearing, the Driver License Division determines that the person was requested
486
to submit to a chemical test or tests and refused to submit to the test or tests, or if the person fails
487
to appear before the Driver License Division as required in the notice, the Driver License Division
488
shall revoke his license or permit to operate a motor vehicle in Utah beginning on the date the
489
hearing is held for a period of:
490
(i) (A) one year unless Subsection (2)(i)(i)(B) applies; or
491
(B) 18 months if the person has had a previous license sanction after July 1, 1993, under
492
this section, Section
41-6-44.6
,
53-3-223
,
53-3-231
,
53-3-232
, or a conviction after July 1, 1993,
493
under Section
41-6-44
.
494
(ii) The Driver License Division shall also assess against the person, in addition to any fee
495
imposed under Subsection
53-3-205
(14), a fee under Section
53-3-105
, which shall be paid before
496
the person's driving privilege is reinstated, to cover administrative costs.
497
(iii) The fee shall be cancelled if the person obtains an unappealed court decision
498
following a proceeding allowed under this Subsection (2) that the revocation was improper.
499
(j) (i) Any person whose license has been revoked by the Driver License Division under
500
this section may seek judicial review.
501
(ii) Judicial review of an informal adjudicative proceeding is a trial. Venue is in the
502
district court in the county in which the offense occurred.
503
(3) Any person who is dead, unconscious, or in any other condition rendering him
504
incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the
505
consent provided for in Subsection (1), and the test or tests may be administered whether the
506
person has been arrested or not.
507
(4) Upon the request of the person who was tested, the results of the test or tests shall be
508
made available to him.
509
(5) (a) Only a physician, registered nurse, practical nurse, or person authorized under
510
Section
26-1-30
, acting at the request of a peace officer, may withdraw blood to determine the
511
alcoholic or drug content. This limitation does not apply to taking a urine or breath specimen.
512
(b) Any physician, registered nurse, practical nurse, or person authorized under Section
513
26-1-30
who, at the direction of a peace officer, draws a sample of blood from any person whom
514
a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
515
facility at which the sample is drawn, is immune from any civil or criminal liability arising from
516
drawing the sample, if the test is administered according to standard medical practice.
517
(6) (a) The person to be tested may, at his own expense, have a physician of his own
518
choice administer a chemical test in addition to the test or tests administered at the direction of a
519
peace officer.
520
(b) The failure or inability to obtain the additional test does not affect admissibility of the
521
results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or
522
tests to be taken at the direction of a peace officer.
523
(c) The additional test shall be subsequent to the test or tests administered at the direction
524
of a peace officer.
525
(7) For the purpose of determining whether to submit to a chemical test or tests, the person
526
to be tested does not have the right to consult an attorney or have an attorney, physician, or other
527
person present as a condition for the taking of any test.
528
(8) If a person under arrest refuses to submit to a chemical test or tests or any additional
529
test under this section, evidence of any refusal is admissible in any civil or criminal action or
530
proceeding arising out of acts alleged to have been committed while the person was operating or
531
in actual physical control of a motor vehicle while under the influence of alcohol, any drug,
532
combination of alcohol and any drug, or while having any measurable controlled substance or
533
metabolite of a controlled substance in the person's body.
534
Section 5.
Section
41-6-44.30
is amended to read:
535
41-6-44.30. Seizure and impoundment of vehicles by peace officers -- Impound
536
requirements -- Removal of vehicle by owner.
537
(1) (a) If a peace officer arrests or cites the operator of a vehicle for violating Section
538
41-6-44
or
41-6-44.10
, or a local ordinance similar to Section
41-6-44
which complies with
539
Subsection
41-6-43
(1), the officer shall seize and impound the vehicle, except as provided under
540
Subsection (2).
541
(b) A vehicle seized and impounded under this section shall be moved by a peace officer
542
or by a tow truck that meets the standards established:
543
(i) by the department under Subsection
41-6-102
(4)(b); and
544
(ii) under Title 72, Chapter 9, Motor Carrier Safety Act.
545
(2) If a registered owner of the vehicle, other than the operator, is present at the time of
546
arrest, the officer may release the vehicle to that registered owner, but only if the registered owner:
547
(a) requests to remove the vehicle from the scene;
548
(b) presents to the officer a valid operator's license and sufficient identification to prove
549
ownership of the vehicle;
550
(c) complies with all restrictions of his operator's license; and
551
(d) would not, in the judgment of the officer, be in violation of Section
41-6-44
or
552
41-6-44.10
, or a local ordinance similar to Section
41-6-44
which complies with Subsection
553
41-6-43
(1), if permitted to operate the vehicle, and if the vehicle itself is legally operable.
554
(3) (a) The peace officer or agency by whom the officer is employed shall, within 24 hours
555
after the seizure, notify, in writing, the Motor Vehicle Division of the seizure and impoundment.
556
(b) The notice shall state:
557
(i) the operator's name;
558
(ii) a description of the vehicle;
559
(iii) its identification number, if any;
560
(iv) its license number;
561
(v) the date, time, and place of impoundment;
562
(vi) the reason for impoundment; and
563
(vii) the name of the garage or place where the vehicle is stored.
564
(4) Upon receipt of notice, the Motor Vehicle Division shall give notice to the registered
565
owner of the vehicle in the manner prescribed by Section
41-1a-114
. The notice shall:
566
(a) state the date, time, and place of impoundment, the name of the person operating the
567
vehicle at the time of seizure, if applicable, the reason for seizure and impoundment, and the name
568
of the garage or place where the vehicle is stored;
569
(b) state that the registered owner is responsible for payment of towing, impound, and
570
storage fees charged against the vehicle; and
571
(c) inform the registered owner of the vehicle of the conditions under Subsection (5) that
572
must be satisfied before the vehicle is released.
573
(5) (a) The impounded vehicle shall be released after the registered owner or the owner's
574
agent:
575
(i) makes a claim in person for release of the vehicle at any office of the State Tax
576
Commission;
577
(ii) pays an administrative impound fee of [$100] $200;
578
(iii) presents identification sufficient to prove ownership of the impounded vehicle; and
579
(iv) pays all towing and storage fees to the impound lot where the vehicle is stored.
580
(b) (i) Twenty-five dollars of the impound fees assessed under this Subsection (5) are
581
dedicated credits to the Motor Vehicle Division [and];
582
(ii) $100 of the impound fees assessed under this Subsection (5) shall be deposited in the
583
Department of Public Safety Restricted Account created in Section
53-3-106
; and
584
(iii) the remainder shall be deposited in the General Fund.
585
(6) An impounded vehicle not claimed by the registered owner or the owner's agent within
586
the time prescribed by Section
41-1a-1103
shall be sold in accordance with that section and the
587
proceeds, if any, disposed of under Section
41-1a-1103
. The date of impoundment is considered
588
the date of seizure for computing the time period provided in Section
41-1a-1103
.
589
(7) The registered owner of the vehicle upon the payment of all fees and charges incurred
590
in the seizure and impoundment of the owner's vehicle has a cause of action for all the fees and
591
charges, together with damages, court costs, and attorney fees, against the operator of the vehicle
592
whose actions caused the impoundment.
593
(8) Liability may not be imposed upon any peace officer, the state, or any of its political
594
subdivisions on account of the enforcement of this section.
595
Section 6.
Section
53-1-117
is amended to read:
596
53-1-117. Alcohol or drug enforcement funding -- Rulemaking -- Legislative
597
findings.
598
(1) From monies appropriated by the Legislature and any other funds made available for
599
the purposes described under this section, the department shall assist the law enforcement agencies
600
of the state and its political subdivisions in the enforcement of alcohol or drug-related offenses.
601
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
602
commissioner shall make rules establishing criteria and procedures for granting monies and
603
providing equipment, including drug and alcohol testing equipment[,] and for funding the overtime
604
of peace officers to law enforcement agencies under this section [based on criteria established in
605
the rules].
606
(3) The Legislature finds that these monies are for a general and statewide public purpose.
607
Section 7.
Section
53-3-106
is amended to read:
608
53-3-106. Disposition of revenues under this chapter -- Restricted account created
609
-- Uses as provided by appropriation -- Nonlapsing.
610
(1) There is created within the Transportation Fund a restricted account known as the
611
"Department of Public Safety Restricted Account."
612
(2) The account consists of monies generated from the following revenue sources:
613
(a) all monies received under this chapter;
614
(b) administrative fees received according to the fee schedule authorized under this chapter
615
and Section
63-38-3.2
; and
616
(c) any appropriations made to the account by the Legislature.
617
(3) (a) The account shall earn interest.
618
(b) All interest earned on account monies shall be deposited in the account.
619
(4) The expenses of the department in carrying out this chapter shall be provided for by
620
legislative appropriation from this account.
621
(5) The amount in excess of $35 of the fees collected under Subsection
53-3-105
(29) shall
622
be appropriated by the Legislature from this account to the department to implement the provisions
623
of Section
53-1-117
, except that of the amount in excess of $35, $30 shall be deposited in the State
624
Laboratory Drug Testing restricted account created in Section
26-1-34
.
625
(6) All monies received under Section
41-6-44.30
shall be appropriated by the Legislature
626
from this account to the department to implement the provisions of Section
53-3-117
.
627
[(6)] (7) Appropriations to the department from the account are nonlapsing.
628
Section 8.
Section
53-3-223
is amended to read:
629
53-3-223. Chemical test for driving under the influence -- Temporary license --
630
Hearing and decision -- Suspension and fee -- Judicial review.
631
(1) (a) If a peace officer has reasonable grounds to believe that a person may be violating
632
or has violated Section
41-6-44
, prohibiting the operation of a vehicle with a certain blood or
633
breath alcohol concentration and driving under the influence of any drug, alcohol, or combination
634
of a drug and alcohol or while having any measurable controlled substance or metabolite of a
635
controlled substance in the person's body in violation of Section
41-6-44.6
, the peace officer may,
636
in connection with arresting the person, request that the person submit to a chemical test or tests
637
to be administered in compliance with the standards under Section
41-6-44.10
.
638
(b) In this section, a reference to Section
41-6-44
includes any similar local ordinance
639
adopted in compliance with Subsection
41-6-43
(1).
640
(2) The peace officer shall advise a person prior to the person's submission to a chemical
641
test that a test result indicating a violation of Section
41-6-44
or
41-6-44.6
shall, and the existence
642
of a blood alcohol content sufficient to render the person incapable of safely driving a motor
643
vehicle may, result in suspension or revocation of the person's license to drive a motor vehicle.
644
(3) If the person submits to a chemical test and the test results indicate a blood or breath
645
alcohol content in violation of Section
41-6-44
or
41-6-44.6
, or if the officer makes a
646
determination, based on reasonable grounds, that the person is otherwise in violation of Section
647
41-6-44
, the officer directing administration of the test or making the determination shall serve on
648
the person, on behalf of the division, immediate notice of the division's intention to suspend the
649
person's license to drive a motor vehicle.
650
(4) (a) When the officer serves immediate notice on behalf of the division he shall:
651
(i) take the Utah license certificate or permit, if any, of the driver;
652
(ii) issue a temporary license certificate effective for only 29 days; and
653
(iii) supply to the driver, on a form to be approved by the division, basic information
654
regarding how to obtain a prompt hearing before the division.
655
(b) A citation issued by the officer may, if approved as to form by the division, serve also
656
as the temporary license certificate.
657
(5) As a matter of procedure, the peace officer serving the notice shall send to the division
658
within ten calendar days after the date of arrest and service of the notice:
659
(a) the person's license certificate;
660
(b) a copy of the citation issued for the offense;
661
(c) a signed report on a form approved by the division indicating the chemical test results,
662
if any; and
663
(d) any other basis for the officer's determination that the person has violated Section
664
41-6-44
or
41-6-44.6
.
665
(6) (a) Upon written request, the division shall grant to the person an opportunity to be
666
heard within 29 days after the date of arrest. The request to be heard shall be made within ten
667
calendar days of the date of the arrest.
668
(b) A hearing, if held, shall be before the division in the county in which the arrest
669
occurred, unless the division and the person agree that the hearing may be held in some other
670
county.
671
(c) The hearing shall be documented and shall cover the issues of:
672
(i) whether a peace officer had reasonable grounds to believe the person was driving a
673
motor vehicle in violation of Section
41-6-44
or
41-6-44.6
;
674
(ii) whether the person refused to submit to the test; and
675
(iii) the test results, if any.
676
(d) (i) In connection with a hearing the division or its authorized agent:
677
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the
678
production of relevant books and papers; or
679
(B) may issue subpoenas for the attendance of necessary peace officers.
680
(ii) The division shall pay witness fees and mileage from the Transportation Fund in
681
accordance with the rates established in Section
21-5-4
.
682
(e) The division may designate one or more employees to conduct the hearing.
683
(f) Any decision made after a hearing before any designated employee is as valid as if
684
made by the division.
685
(g) After the hearing, the division shall order whether the person's license to drive a motor
686
vehicle is suspended or not.
687
(h) If the person for whom the hearing is held fails to appear before the division as
688
required in the notice, the division shall order whether the person's license to drive a motor vehicle
689
is suspended or not.
690
(7) (a) A first suspension, whether ordered or not challenged under this Subsection (7), is
691
for a period of 90 days, beginning on the 30th day after the date of the arrest.
692
(b) A second or subsequent suspension under this subsection is for a period of one year,
693
beginning on the 30th day after the date of arrest.
694
(8) (a) The division shall assess against a person, in addition to any fee imposed under
695
Subsection
53-3-205
(14) for driving under the influence, a fee under Section
53-3-105
to cover
696
administrative costs, which shall be paid before the person's driving privilege is reinstated. This
697
fee shall be cancelled if the person obtains an unappealed division hearing or court decision that
698
the suspension was not proper.
699
(b) A person whose license has been suspended by the division under this subsection may
700
file a petition within 30 days after the suspension for a hearing on the matter which, if held, is
701
governed by Section
53-3-224
.
702
Section 9.
Section
53-3-231
is amended to read:
703
53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body
704
-- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of
705
license or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse
706
authority or program.
707
(1) (a) As used in this section:
708
(i) "Local substance abuse authority" has the same meaning as provided in Section
709
62A-8-101
.
710
(ii) "Substance abuse program" means any substance abuse program licensed by the
711
Department of Human Services or the Department of Health and approved by the local substance
712
abuse authority.
713
(b) Calculations of blood, breath, or urine alcohol concentration under this section shall
714
be made in accordance with the procedures in Subsection
41-6-44
(2).
715
(2) (a) A person younger than 21 years of age may not operate or be in actual physical
716
control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body
717
as shown by a chemical test.
718
(b) (i) A person with a valid operator license who violates Subsection (2)(a), in addition
719
to any other applicable penalties arising out of the incident, shall have his operator license denied
720
or suspended as provided in Subsection (2)(b)(ii).
721
(ii) (A) For a first offense under Subsection (2)(a), the Driver License Division of the
722
Department of Public Safety shall deny the person's operator license if ordered or not challenged
723
under this section for a period of 90 days beginning on the 30th day after the date of the arrest
724
under Section
32A-12-209
.
725
(B) For a second or subsequent offense under Subsection (2)(a), within three years of a
726
prior denial or suspension, the Driver License Division shall suspend the person's operator license
727
for a period of one year beginning on the 30th day after the date of arrest.
728
(c) (i) A person who has not been issued an operator license who violates Subsection
729
(2)(a), in addition to any other penalties arising out of the incident, shall be punished as provided
730
in Subsection (2)(c)(ii).
731
(ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
732
and the Driver License Division may not issue the person an operator license or learner's permit.
733
(3) (a) When a peace officer has reasonable grounds to believe that a person may be
734
violating or has violated Subsection (2), the peace officer may, in connection with arresting the
735
person for a violation of Section
32A-12-209
, request that the person submit to a chemical test or
736
tests to be administered in compliance with the standards under Section
41-6-44.10
.
737
(b) The peace officer shall advise a person prior to the person's submission to a chemical
738
test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
739
of the person's license to operate a motor vehicle or a refusal to issue a license.
740
(c) If the person submits to a chemical test and the test results indicate a blood, breath, or
741
urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination,
742
based on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the
743
officer directing administration of the test or making the determination shall serve on the person,
744
on behalf of the Driver License Division, immediate notice of the Driver License Division's
745
intention to deny or suspend the person's license to operate a vehicle or refusal to issue a license
746
under Subsection (2).
747
(4) When the officer serves immediate notice on behalf of the Driver License Division,
748
he shall:
749
(a) take the Utah license certificate or permit, if any, of the operator;
750
(b) issue a temporary license certificate effective for only 29 days if the driver had a valid
751
operator's license; and
752
(c) supply to the operator, on a form to be approved by the Driver License Division, basic
753
information regarding how to obtain a prompt hearing before the Driver License Division.
754
(5) A citation issued by the officer may, if approved as to form by the Driver License
755
Division, serve also as the temporary license certificate under Subsection (4)(b).
756
(6) As a matter of procedure, the peace officer serving the notice shall send to the Driver
757
License Division within ten calendar days after the date of arrest and service of the notice:
758
(a) the person's driver license certificate, if any;
759
(b) a copy of the citation issued for the offense;
760
(c) a signed report on a form approved by the Driver License Division indicating the
761
chemical test results, if any; and
762
(d) any other basis for the officer's determination that the person has violated Subsection
763
(2).
764
(7) (a) (i) Upon written request, the Driver License Division shall grant to the person an
765
opportunity to be heard within 29 days after the date of arrest under Section
32A-12-209
.
766
(ii) The request shall be made within ten calendar days of the date of the arrest.
767
(b) A hearing, if held, shall be before the Driver License Division in the county in which
768
the arrest occurred, unless the Driver License Division and the person agree that the hearing may
769
be held in some other county.
770
(c) The hearing shall be documented and shall cover the issues of:
771
(i) whether a peace officer had reasonable grounds to believe the person was operating a
772
motor vehicle in violation of Subsection (2)(a);
773
(ii) whether the person refused to submit to the test; and
774
(iii) the test results, if any.
775
(d) In connection with a hearing the Driver License Division or its authorized agent may
776
administer oaths and may issue subpoenas for the attendance of witnesses and the production of
777
relevant books and papers.
778
(e) One or more members of the Driver License Division may conduct the hearing.
779
(f) Any decision made after a hearing before any number of the members of the Driver
780
License Division is as valid as if made after a hearing before the full membership of the Driver
781
License Division.
782
(g) After the hearing, the Driver License Division shall order whether the person:
783
(i) with a valid license to operate a motor vehicle will have his license denied or not or
784
suspended or not; or
785
(ii) without a valid operator license will be refused a license under Subsection (2)(c).
786
(h) If the person for whom the hearing is held fails to appear before the Driver License
787
Division as required in the notice, the division shall order whether the person shall have his license
788
denied, suspended, or not denied or suspended, or whether an operator license will be refused or
789
not refused.
790
(8) (a) Following denial or suspension the Driver License Division shall assess against a
791
person, in addition to any fee imposed under Subsection
53-3-205
(14), a fee under Section
792
53-3-105
, which shall be paid before the person's driving privilege is reinstated, to cover
793
administrative costs. This fee shall be canceled if the person obtains an unappealed Driver License
794
Division hearing or court decision that the suspension was not proper.
795
(b) A person whose operator license has been denied, suspended, or postponed by the
796
Driver License Division under this section may file a petition within 30 days after the suspension
797
for a hearing on the matter which, if held, is governed by Section
53-3-224
.
798
(9) After reinstatement of an operator license for a first offense under this section, a report
799
authorized under Section
53-3-104
may not contain evidence of the denial or suspension of the
800
person's operator license under this section if he has not been convicted of any other offense for
801
which the denial or suspension may be extended.
802
(10) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
803
(2)(a) shall:
804
(i) obtain an assessment and recommendation for appropriate action from a substance
805
abuse program, but any associated costs shall be the person's responsibility; or
806
(ii) be referred by the Driver License Division to the local substance abuse authority for
807
an assessment and recommendation for appropriate action.
808
(b) (i) Reinstatement of the person's operator license or the right to obtain an operator
809
license is contingent upon successful completion of the action recommended by the local substance
810
abuse authority or the substance abuse program.
811
(ii) The local substance abuse authority's or the substance abuse program's recommended
812
action shall be determined by an assessment of the person's alcohol abuse and may include:
813
(A) a targeted education and prevention program;
814
(B) an early intervention program; or
815
(C) a substance abuse treatment program.
816
(iii) Successful completion of the recommended action shall be determined by standards
817
established by the Division of Substance Abuse.
818
(c) At the conclusion of the penalty period imposed under Subsection (2), the local
819
substance abuse authority or the substance abuse program shall notify the Driver License Division
820
of the person's status regarding completion of the recommended action.
821
(d) The local substance abuse authorities and the substance abuse programs shall cooperate
822
with the Driver License Division in:
823
(i) conducting the assessments;
824
(ii) making appropriate recommendations for action; and
825
(iii) notifying the Driver License Division about the person's status regarding completion
826
of the recommended action.
827
(e) (i) The local substance abuse authority is responsible for the cost of the assessment of
828
the person's alcohol abuse, if the assessment is conducted by the local substance abuse authority.
829
(ii) The local substance abuse authority or a substance abuse program selected by a person
830
is responsible for:
831
(A) conducting an assessment of the person's alcohol abuse; and
832
(B) for making a referral to an appropriate program on the basis of the findings of the
833
assessment.
834
(iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
835
associated with the recommended program to which the person selected or is referred.
836
(B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale
837
consistent with the local substance abuse authority's policies and practices regarding fees for
838
services or determined by the substance abuse program.
839
Section 10.
Section
53-3-233
is enacted to read:
840
53-3-233. Coded licenses.
841
(1) As used in this section:
842
(a) "Qualifying conviction" has the same meaning provided in Section
53-3-232
.
843
(b) "Qualifying conviction coded license" means a driver license with information coded
844
on the driver license indicating the person has a qualifying conviction.
845
(2) (a) The division may not issue, reinstate, or renew the driver license of a person who
846
has a qualifying conviction within the previous six years unless the person's driver license is a
847
qualifying conviction coded license.
848
(b) (i) If the division receives a notice of a qualifying conviction for a person with a valid
849
driver license, that does not require a driver license withdrawal, the division shall notify the person
850
that he has ten calendar days to apply to the division for a qualifying conviction coded license.
851
(ii) If the person fails to apply within ten days, the division shall suspend the person's
852
driver license. The suspension shall remain effective until the person applies to the division for
853
a qualifying conviction coded license.
854
Section 11.
Section
53-3-418
is amended to read:
855
53-3-418. Prohibited alcohol level for drivers -- Procedures, including hearing.
856
(1) A person who holds or is required to hold a CDL may not drive a commercial motor
857
vehicle in this state if the person:
858
(a) has a blood, breath, or urine alcohol concentration of .04 grams or greater as shown by
859
a chemical test given within two hours after the alleged driving of the commercial motor vehicle;
860
or
861
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and
862
any drug to any degree that renders the person incapable of safely driving a commercial motor
863
vehicle.
864
(2) A person who holds or is required to hold a CDL and who drives a commercial motor
865
vehicle in this state is considered to have given his consent to a test or tests of his blood, breath,
866
or urine to determine the concentration of alcohol or the presence of other drugs in his physical
867
system.
868
(3) If a peace officer or port-of-entry agent has reasonable cause to believe that a person
869
may be violating this section, the peace officer or port-of-entry agent may request the person to
870
submit to a chemical test to be administered in compliance with Section
41-6-44.3
.
871
(4) When a peace officer or port-of-entry agent requests a person to submit to a test under
872
this section, he shall advise the person that test results indicating .04 grams or greater alcohol
873
concentration or refusal to submit to any test requested will result in the person's disqualification
874
under Section
53-3-414
from driving a commercial motor vehicle.
875
(5) If test results under this section indicate .04 grams or greater of alcohol concentration
876
or the person refuses to submit to any test requested under this section, the peace officer or
877
port-of-entry agent shall on behalf of the division serve the person with immediate notice of the
878
division's intention to disqualify the person's privilege to drive a commercial motor vehicle.
879
(6) When the peace officer or port-of-entry agent serves notice under Subsection (5) he
880
shall:
881
(a) take any Utah license certificate or permit held by the driver;
882
(b) issue to the driver a temporary license certificate effective for 29 days;
883
(c) provide the driver, on a form approved by the division, basic information regarding
884
how to obtain a prompt hearing before the division; and
885
(d) issue a 24-hour out-of-service order.
886
(7) A notice of disqualification issued under Subsection (6) may serve also as the
887
temporary license certificate under that subsection, if the form is approved by the division.
888
(8) As a matter of procedure, the peace officer or port-of-entry agent serving the notice of
889
disqualification shall, within ten calendar days after the date of service, send to the division the
890
person's license certificate, a copy of the served notice, and a report signed by the peace officer or
891
port-of-entry agent that indicates the results of any chemical test administered or that the person
892
refused a test.
893
(9) (a) The person has the right to a hearing regarding the disqualification.
894
(b) The request for the hearing shall be submitted to the division in writing and shall be
895
made within ten calendar days of the date the notice was issued. If requested, the hearing shall be
896
conducted within 29 days after the notice was issued.
897
(10) (a) A hearing held under this section shall be held before the division and in the
898
county where the notice was issued, unless the division agrees to hold the hearing in another
899
county.
900
(b) The hearing shall be documented and shall determine:
901
(i) whether the peace officer or port-of-entry agent had reasonable grounds to believe the
902
person had been driving a motor vehicle in violation of this section;
903
(ii) whether the person refused to submit to any requested test; and
904
(iii) any test results obtained.
905
(c) In connection with a hearing the division or its authorized agent may administer oaths
906
and may issue subpoenas for the attendance of witnesses and the production of relevant books and
907
documents.
908
(d) One or more members of the division may conduct the hearing.
909
(e) A decision made after a hearing before any number of members of the division is as
910
valid as if the hearing were held before the full membership of the division.
911
(f) After a hearing under this section the division shall indicate by order if the person's
912
CDL is disqualified.
913
(g) If the person for whom the hearing is held fails to appear before the division as required
914
in the notice, the division shall indicate by order if the person's CDL is disqualified.
915
(11) If the division disqualifies a person under this section, the person may petition for a
916
hearing under Section
53-3-224
. The petition shall be filed within 30 days after the division issues
917
the disqualification.
918
(12) (a) A person who violates this section shall be punished in accordance with Section
919
53-3-414
.
920
(b) In accordance with Section
53-3-414
, the first disqualification under this section shall
921
be for one year, and a second disqualification shall be for life.
922
(13) (a) In addition to the fees imposed under Section
53-3-205
for reinstatement of a
923
CDL, a fee under Section
53-3-105
to cover administrative costs shall be paid before the driving
924
privilege is reinstated.
925
(b) The fees under Sections
53-3-105
and
53-3-205
shall be canceled if an unappealed
926
hearing at the division or court level determines the disqualification was not proper.
927
Section 12.
Section
62A-8-103.5
is amended to read:
928
62A-8-103.5. Alcohol training and education seminar.
929
(1) Each new and renewing licensee under Title 32A who sells or furnishes alcoholic
930
beverages to the public within the scope of his employment, and each employee of every other
931
establishment who, within the scope of his employment, serves alcoholic beverages to the public
932
for consumption on the premises shall:
933
(a) complete an alcohol training and education seminar within [six months] one month of
934
beginning employment; and
935
(b) pay a fee to the seminar provider.
936
(2) The division shall:
937
(a) provide alcohol training and education seminars;
938
(b) include the following subjects in the curriculum and instruction:
939
(i) alcohol as a drug and its effect on the body and behavior;
940
(ii) recognizing the problem drinker;
941
(iii) an overview of state alcohol laws;
942
(iv) dealing with the problem customer, including ways to terminate service; and
943
(v) alternative means of transportation to get the customer safely home; and
944
(c) establish a fee for each person attending the seminar in an amount sufficient to offset
945
the division's cost of administering the seminar.
946
(3) The seminar provider shall collect the fee and forward it to the division.
947
Section 13.
Section
62A-8-107
is amended to read:
948
62A-8-107. Authority and responsibilities of board.
949
The board is the policymaking body for the division and for programs funded with state
950
and federal moneys under Sections
17A-3-701
and
62A-8-110.5
. The board has the following
951
duties and responsibilities:
952
(1) in establishing policy, the board shall seek input from local substance abuse authorities,
953
consumers, providers, advocates, division staff, and other interested parties as determined by the
954
board;
955
(2) to establish, by rule, minimum standards for local substance abuse authorities;
956
(3) to establish, by rule, procedures for developing its policies which ensure that local
957
substance abuse authorities are given opportunity to comment and provide input on any new policy
958
of the board or proposed changes in existing policy of the board;
959
(4) the board shall also provide a mechanism for review of its existing policy, and for
960
consideration of policy changes that are proposed by local substance abuse authorities; [and]
961
(5) to develop program policies, standards, rules, and fee schedules for the division[.]; and
962
(6) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make
963
rules approving the form and content of substance abuse treatment, educational series, and
964
screening and assessment that are described in Section
41-6-44
.
Legislative Review Note
as of 1-7-00 7:36 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.