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This page contains Utah Code Ann. sections cited within our pages relating to DUI, impaired driving, and traffic offenses; as well as State administrative law applicable to licensing, suspension, revocations and fines. It also contains Utah State Laws about probable cause, reasonable suspicion, lawful arrest and lawful detention. For DUI penalty information in plain language, please see the Penalty Finder.        

Title 41 – Motor Vehicles

Chapter 6a: Traffic Code

41-6a-502
Section 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:
    1. 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;
    2. 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
    3. 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.
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41-6a-502.5
Section 502 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:
    1. the defendant completes court ordered probation requirements; or
      1. the prosecutor agrees as part of a negotiated plea; and
      2. the court finds the plea to be in the interest of justice.
  2. A conviction entered under this section is a class B misdemeanor.
      1. 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.
      2. 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.
      3. The date of entry of the amended order under Subsection (3)(a)(ii) is the date of conviction.
    1. The court may enter a conviction of impaired driving immediately under Subsection (1)(b).
  3. 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.
    1. The court shall notify the Driver License Division of each conviction entered under this section.
    2. 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.
    1. The provisions in Subsections 41-6a-505(1), (2), and (3) 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.
    2. 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 (3).
    1. 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:
    2. The provisions of Subsection (7)(a) do not apply to a report concerning:
      1. a CDL license holder; or
      2. a violation that occurred in a commercial motor vehicle.
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41-6a-503
Section 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:
    1. class B misdemeanor; or
    2. class A misdemeanor if the person:
      1. has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
      2. had a passenger under 16 years of age in the vehicle at the time of the offense; or
      3. 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:
    1. the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
    2. the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within 10 years of:
      1. the current conviction under Section 41-6a-502; or
      2. the commission of the offense upon which the current conviction is based; on
      3. the conviction under Section 41-6a-502 is at any time after a conviction of:
        1. automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
        2. 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
        3. any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction is reduced under Section76-3-402.
  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.
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41-6a-505
Section 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:
    1. the court shall:
        1. impose a jail sentence of not less than 48 consecutive hours;
        2. require the person to work in a compensatory-service work program for not less than 48 hours; or
        3. require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506;
      1. order the person to participate in a screening;
      2. order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii);
      3. order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (1)(b);
      4. impose a fine of not less than $700; and
      5. 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
        1. the court may:
        2. order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; or
        3. order probation for the person in accordance with Section 41-6a-507.
  2. If a person is convicted under Section 41-6a-502 within 10 years of a prior conviction as defined in Subsection 41-6a-501(2):
    1. the court shall:
        1. impose a jail sentence of not less than 240 consecutive hours;
        2. require the person to work in a compensatory-service work program for not less than 240 hours; or
        3. require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506;
      1. order the person to participate in a screening;
      2. order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii);
      3. order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b);
      4. impose a fine of not less than $800; and
      5. order probation for the person in accordance with Section 41-6a-507; and
    2. 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:
    1. the court shall impose:
      1. a fine of not less than $1,500;
      2. a jail sentence of not less than 1,500 hours;
      3. supervised probation; and
      4. an order requiring the person to obtain a screening and assessment and substance abuse treatment at a substance abuse treatment program providing intensive care or inpatient treatment and long-term closely supervised follow-through after treatment for not less than 240 hours; and
    2. the court may require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.
    1. The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
    2. Probation or parole resulting from a conviction for a violation under this section may not be terminated.
  4. 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:
    1. treatment as described under Subsection (1)(b), (2)(b), or (3)(a)(iv); and
    2. one or both of the following:
      1. the installation of an ignition interlock system as a condition of probation for the person in accordance with Section 41-6a-518; or
      2. the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.
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41-6a-506
Section 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:
    1. the person to wear an electronic monitoring device at all times;
    2. 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
    3. 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:
    1. require the person’s electronic home monitoring device to include a substance abuse testing instrument;
    2. restrict the amount of alcohol the person may consume during the time the person is subject to home confinement;
    3. 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
    4. 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).
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41-6a-507
Section 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:
    1. the court shall specify the period of the probation;
    2. the person shall pay all of the costs of the probation; and
    3. 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.
    1. The court may waive all or part of the costs associated with probation if the person is determined to be indigent by the court.
    2. The probation provider described in Subsection (2) shall cover the costs of waivers by the court under Subsection (4)(a).
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41-6a-509
Section 509 Driver license suspension or revocation for a driving under the influence violation.
    1. The Driver License Division shall:
      1. if the person is 21 years of age or older at the time of arrest:
        1. 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; and
        2. revoke for a period of two years the license of a person if:
          1. the person has a prior conviction as defined under Subsection 41-6a-501(2); and
          2. the current driving under the influence violation under Section 41-6a-502 is committed:
            1. within a period of 10 years from the date of the prior violation; and
            2. on or after July 1, 2009;
      2. if the person is under 21 years of age at the time of arrest:
        1. suspend the person’s driver license until the person is 21 years of age or for a period of 120 days, 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, 2009;
        2. 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 120 days, whichever is longer, if the person:
          1. 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
          2. has not been issued an operator license;
        3. 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:
          1. the person has a prior conviction as defined under Subsection 41-6a-501(2); and
          2. the current driving under the influence violation under Section 41-6a-502 is committed:
            1. within a period of 10 years from the date of the prior violation; and
            2. on or after July 1, 2009; or
        4. 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:
          1. the person has a prior conviction as defined under Subsection 41-6a-501(2);
          2. the current driving under the influence violation under Section 41-6a-502 is committed:
            1. within a period of 10 years from the date of the prior violation; and
            2. on or after July 1, 2009; and
          3. the person has not been issued an operator license; and
      3. suspend or revoke the license of a person as ordered by the court under Subsection (2).
    2. The Driver License Division shall suspend 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 suspension periods in effect prior to July 1, 2009.
    3. 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.
    4. 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:
      1. 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
      2. shall start the suspension or revocation time under Subsection (1)(a) on the date of the amended conviction.
      1. 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, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards.
      2. The additional suspension or revocation period provided in this Subsection (2) 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.
    1. If the court suspends or revokes the person’s license under this Subsection (2), 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.
    1. The court shall notify the Driver License Division if a person fails to:
      1. complete all court ordered:
        1. screening;
        2. assessment;
        3. educational series;
        4. substance abuse treatment; and
        5. hours of work in a compensatory-service work program; or
      2. pay all fines and fees, including fees for restitution and treatment costs.
    2. Upon receiving the notification described in Subsection (3)(a), the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).
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41-6a-517
Section 517 Definitions – Driving with any measurable controlled substance in the body – Penalties – Arrest without warrant.
  1. As used in this section:
    1. “Controlled substance” means any substance scheduled under Section 58-37-4.
    2. “Practitioner” has the same meaning as provided in Section 58-37-2.
    3. “Prescribe” has the same meaning as provided in Section 58-37-2.
    4. “Prescription” has the same meaning as provided 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:
    1. involuntarily ingested by the accused;
    2. prescribed by a practitioner for use by the accused; or
    3. otherwise legally ingested.
    1. A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
    2. 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.
  4. 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.
  5. The Driver License Division shall:
    1. if the person is 21 years of age or older on the date of arrest:
      1. 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
      2. revoke, for a period of two years, the driver license of a person if:
        1. the person has a prior conviction as defined under Subsection 41-6a-501(2); and
        2. the current violation under Subsection (2) is committed:
          1. within a period of 10 years after the date of the prior violation; and
          2. on or after July 1, 2009;
    2. if the person is under 21 years of age on the date of arrest:
      1. suspend, until the person is 21 years of age or 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
      2. revoke, until the person is 21 years of age or for a period of two years, the driver license of a person if:
        1. the person has a prior conviction as defined under Subsection 41-6a-501(2); and
        2. the current violation under Subsection (2) is committed:
          1. within a period of 10 years after the date of the prior violation; and
          2. on or after July 1, 2009;
    3. 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; and
    4. 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.
    1. The court shall notify the Driver License Division if a person fails to:
      1. complete all court ordered screening and assessment, educational series, and substance abuse treatment; or
      2. pay all fines and fees, including fees for restitution and treatment costs.
    2. Upon receiving the notification, the division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3).
  6. The court shall order supervised probation in accordance with Section 41-6a-507 for a person convicted under Subsection (2).
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41-6a-518
Section 518 Ignition interlock devices – Use – Probationer to pay cost – Impecuniosity – Fee.
  1. As used in this section:
    1. “Commissioner” means the commissioner of the Department of Public Safety.
    2. “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.
    3. “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).
    1. 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.
    2. 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.
    3. The division shall post the ignition interlock restriction on the electronic record available to law enforcement.
    4. This section does not apply to a person convicted of a violation of Section 41-6a-502 whose violation involves drugs other than alcohol.
  2. If the court imposes the use of an ignition interlock system as a condition of probation, the court shall:
    1. stipulate on the record the requirement for and the period of the use of an ignition interlock system;
    2. order that an ignition interlock system be installed on each motor vehicle owned or operated by the probationer, at the probationer’s expense;
    3. immediately notify the Driver License Division and the person’s probation provider of the order; and
    4. require the probationer to provide proof of compliance with the court’s order to the probation provider within 30 days of the order.
    1. 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.
    2. The probation provider shall notify the court of failure to comply under Subsection (4)(a).
    3. 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.
    4. 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.
    1. 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.
      1. A report of the monitoring shall be issued by the manufacturer or dealer to the court or the person’s probation provider.
      2. The report shall be issued within 14 days following each monitoring.
    1. 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.
    2. A probationer may not be excluded from this section for inability to pay the costs, unless:
      1. the probationer files an affidavit of impecuniosity; and
      2. the court enters a finding that the probationer is impecunious.
    3. 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.
    4. The ignition interlock provider shall cover the costs of waivers by the court under this Subsection (6).
    1. 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:
      1. the motor vehicle is used in the course and scope of employment;
      2. the employer has been notified that the employee is restricted; and
      3. the employee has proof of the notification in the employee’s possession while operating the employer’s motor vehicle.
      1. 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.
      2. 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.
    2. 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).
    1. 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.
    2. The standards under Subsection (8)(a) shall require that the system:
      1. not impede the safe operation of the motor vehicle;
      2. have features that make circumventing difficult and that do not interfere with the normal use of the motor vehicle;
      3. require a deep lung breath sample as a measure of breath alcohol concentration;
      4. prevent the motor vehicle from being started if the driver’s breath alcohol concentration exceeds a specified level;
      5. work accurately and reliably in an unsupervised environment;
      6. resist tampering and give evidence if tampering is attempted;
      7. operate reliably over the range of motor vehicle environments; and
      8. be manufactured by a party who will provide liability insurance.
    3. 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.
    4. 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.
      1. 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.
      2. The assessment under Subsection (8)(e)(i) shall be apportioned among the manufacturers on a fair and reasonable basis.
  3. 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.
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41-6a-518.2
Section 518.2 Interlock restricted driver — Penalties for operation without ignition interlock system.
  1. As used in this section:
    1. “ignition interlock system” means a constant monitoring device or any similar device that:
      1. is in working order at the time of operation or actual physical control; and
      2. is certified by the Commissioner of Public Safety in accordance with Subsection 41-6a-518(8); and
      1. “interlock restricted driver” means a person who:
        1. 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;
        2. 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;
          1. 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
          2. 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);
        3. within the last three years has been convicted of a violation of this section;
        4. 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;
        5. 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;
        6. 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
        7. 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
      2. “interlock restricted driver” does not include a person if:
        1. the person’s conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under Section 41-6a-517; and
        2. 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.
    1. It is an affirmative defense to a charge of a violation of Subsection (3) if:
      1. an interlock restricted driver:
        1. operated or was in actual physical control of a vehicle owned by the interlock restricted driver’s employer;
        2. 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
        3. 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
      2. the operation or actual physical control under Subsection (4)(a)(i)(A) was in the scope of the interlock restricted driver’s employment.
    2. The affirmative defense under Subsection (4)(a) does not apply to:
      1. an employer-owned motor vehicle that is made available to an interlock restricted driver for personal use; or
      2. a motor vehicle owned by a business entity that is all or partly owned or controlled by the interlock restricted driver.
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41-6a-520
Section 520 Implied consent to chemical tests for alcohol or drug – Number of tests – Refusal – Warning, report.
    1. 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:
      1. having a blood or breath alcohol content statutorily prohibited under Section 41-6a-50241-6a-53053-3-231, or 53-3-232;
      2. under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6a-502; or
      3. having any measurable controlled substance or metabolite of a controlled substance in the person’s body in violation ofSection 41-6a-517.
    2. 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).
      1. The peace officer determines which of the tests are administered and how many of them are administered.
      2. 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.
      1. 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.
      2. 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.
    1. 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:
      1. has been placed under arrest;
      2. has then been requested by a peace officer to submit to any one or more of the chemical tests under Subsection (1); and
      3. refuses to submit to any chemical test requested.
      1. 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.
      2. When a peace officer gives the notice on behalf of the Driver License Division, the peace officer shall:
        1. take the Utah license certificate or permit, if any, of the operator;
        2. issue a temporary license certificate effective for only 29 days from the date of arrest; and
        3. 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.
    2. 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.
    3. 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:
      1. the peace officer had grounds to believe the arrested person was in violation of any provision under Subsections (1)(a)(i) through (iii); and
      2. the person had refused to submit to a chemical test or tests under Subsection (1).
  1. Upon the request of the person who was tested, the results of the test or tests shall be made available to the person.
    1. 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.
    2. 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.
    3. The additional test shall be subsequent to the test or tests administered at the direction of a peace officer.
  2. 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.
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41-6a-521
Section 521 Revocation hearing for refusal – Appeal.
    1. 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.
    2. A request for the hearing shall be made in writing within 10 calendar days after the day on which notice is provided.
    3. 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.
    4. 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:
      1. for a person 21 years of age or older on the date of arrest, for a period of:
        1. 18 months unless Subsection (1)(d)(i)(B) applies; or
        2. 36 months, if the arrest was made on or after July 1, 2009, and the person has had a previous:
          1. license sanction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-51741-6a-52041-6a-53053-3-22353-3-231, or 53-3-232; or
          2. conviction for an offense that occurred within the previous 10 years from the date of arrest underSection 41-6a-502 or a statute previously in effect in this state that would constitute a violation ofSection 41-6a-502;
      2. for a person under 21 years of age on the date of arrest:
        1. until the person is 21 years of age or for a period of 18 months, whichever is longer, if the arrest was made on or after July 1, 2009, unless Subsection (1)(d)(ii)(B) applies; or
        2. 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:
          1. license sanction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-51741-6a-52041-6a-53053-3-22353-3-231, or 53-3-232; or
          2. conviction for an offense that occurred within the previous 10 years from the date of arrest underSection 41-6a-502 or a statute previously in effect in this state that would constitute a violation ofSection 41-6a-502; or
      3. for a person that was arrested prior to July 1, 2009, for the suspension periods in effect prior to July 1, 2009.
    1. 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:
      1. the county in which the offense occurred; or
      2. a county which is adjacent to the county in which the offense occurred.
    2. The Driver License Division may hold a hearing in some other county if the Driver License Division and the person both agree.
  1. The hearing shall be documented and shall cover the issues of:
    1. whether a peace officer had reasonable grounds to believe that a person was operating a motor vehicle in violation of Section 41-6a-50241-6a-517, 41-6a-53053-3-231, or 53-3-232; and
    2. whether the person refused to submit to the test or tests under Section 41-6a-520.
    1. In connection with the hearing, the division or its authorized agent:
      1. may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; and
      2. shall issue subpoenas for the attendance of necessary peace officers.
    2. 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.
    1. 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:
      1. for a person 21 years of age or older on the date of arrest, for a period of:
        1. 18 months unless Subsection (5)(a)(i)(B) applies; or
        2. 36 months, if the arrest was made on or after July 1, 2009, and the person has had a previous:
          1. license sanction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-517, 41-6a-52041-6a-53053-3-22353-3-231, or 53-3-232; or
          2. 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 ofSection 41-6a-502;
      2. for a person under 21 years of age on the date of arrest:
        1. until the person is 21 years of age or for a period of 18 months, whichever is longer, for an arrest that was made on or after July 1, 2009, and unless Subsection (5)(a)(ii)(B) applies; or
        2. 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:
          1. license sanction for an offense that occurred within the previous 10 years from the date of arrest under Section 41-6a-51741-6a-52041-6a-53053-3-22353-3-231, or 53-3-232; or
          2. conviction for an offense that occurred within the previous 10 years from the date of arrest underSection 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502; or
      3. for a person that was arrested prior to July 1, 2009, for the revocation periods in effect prior to July 1, 2009.
    2. 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.
    3. 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.
    1. Any person whose license has been revoked by the Driver License Division under this section following an administrative hearing may seek judicial review.
    2. Judicial review of an informal adjudicative proceeding is a trial.
    3. Venue is in the district court in the county in which the offense occurred.
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41-6a-527
Section 527 Seizure and impoundment of vehicles by peace officers — Impound requirements — Removal of vehicle by owner — Forfeiture.
  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, 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:
    1. the registered owner:
      1. requests to remove the vehicle from the scene; and
      2. presents to the peace officer sufficient identification to prove ownership of the vehicle or motorboat;
    2. the registered owner identifies a driver with a valid operator’s license who:
      1. complies with all restrictions of his operator’s license; and
      2. 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
    3. 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.
  4. A motor vehicle is subject to criminal or civil forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act, upon a finding by the court that:
    1. the motor vehicle was used in a violation of Section 41-6a-502, 41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Subsection 58-37-8(2)(g), or Section 76-5-207;
    2. the operator of the vehicle has previously been convicted of a violation committed after May 12, 2009, of:
      1. a felony driving under the influence violation under Section 41-6a-502;
      2. a felony violation of Subsection 58-37-8(2)(g); or
      3. automobile homicide under Section 76-5-207;
    3. the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license; and
      1. the denial, suspension, revocation, or disqualification under Subsection (4)(c) was imposed because of a violation of:
        1. Section 41-6a-502;
        2. Section 41-6a-517;
        3. a local ordinance which complies with the requirements of Subsection 41-6a-510(1);
        4. Section 41-6a-520;
        5. Subsection 58-37-8(2)(g);
        6. Section 76-5-207; or
        7. 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 described in Subsections (4)(d)(i)(A) through (F); or
        1. the denial, suspension, revocation, or disqualification described in Subsection (4)(c) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension, revocation, or disqualification; and
        2. the original denial, suspension, revocation, or disqualification was imposed because of a violation described in Subsection (4)(d)(i)(A) through (G).
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41-6a-529
Section 529 Definitions – Alcohol restricted drivers.
  1. As used in this section and Section 41-6a-530, “alcohol restricted driver” means a person who:
    1. within the last two years:
      1. has been convicted of:
        1. a misdemeanor violation of Section 41-6a-502;
        2. alcohol, any drug, or a combination of both-related reckless driving under Section 41-6a-512;
        3. impaired driving under Section 41-6a-502.5;
        4. 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;
        5. a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of conviction is reduced under Section 76-3-402; or
        6. 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
      2. 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;
    2. within the last three years has been convicted of a violation of this section or Section 41-6a-518.2;
    3. within the last five years:
      1. 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
      2. has been convicted of a class A misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008;
    4. within the last 10 years:
      1. 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
      2. has had the person’s driving privilege revoked for refusal to submit to a chemical test and the refusal is within 10 years after:
        1. a prior refusal to submit to a chemical test under Section 41-6a-520; or
        2. a prior conviction for an offense described in Subsection (1)(a)(i) which is not based on the same arrest as the refusal;
    5. at any time has been convicted of:
      1. automobile homicide under Section 76-5-207 for an offense that occurred on or after July 1, 2005; or
      2. a felony violation of Section 41-6a-502 for an offense that occurred on or after July 1, 2005; or
    6. 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.
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41-6a-530
Section 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:
    1. a chemical test;
    2. evidence other than a chemical test; or
    3. 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.
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41-6a-1406
Section 1406 Removal and impoundment of vehicles – Reporting and notification requirements – Administrative impound fee – Refunds – Possessory lien – Rulemaking.
  1. If a vehicle, vessel, or outboard motor is removed or impounded as provided under Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace officer or by an order of a person acting on behalf of a law enforcement agency or highway authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the expense of the owner.
  2. The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or impounded to:
    1. a state impound yard; or
    2. if none, a garage, docking area, or other place of safety.
  3. The peace officer may move a vehicle, vessel, or outboard motor or cause it to be removed by a tow truck motor carrier that meets standards established:
    1. under Title 72, Chapter 9, Motor Carrier Safety Act; and
    2. by the department under Subsection (10).
    1. Immediately after the removal of the vehicle, vessel, or outboard motor, a report of the removal shall be sent to the Motor Vehicle Division by:
      1. the peace officer or agency by whom the peace officer is employed; and
      2. the tow truck operator or the tow truck motor carrier by whom the tow truck operator is employed.
    2. The report shall be in a form specified by the Motor Vehicle Division and shall include:
      1. the operator’s name, if known;
      2. a description of the vehicle, vessel, or outboard motor;
      3. the vehicle identification number or vessel or outboard motor identification number;
      4. the license number or other identification number issued by a state agency;
      5. the date, time, and place of impoundment;
      6. the reason for removal or impoundment;
      7. the name of the tow truck motor carrier who removed the vehicle, vessel, or outboard motor; and
      8. the place where the vehicle, vessel, or outboard motor is stored.
    3. Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (4), a tow truck motor carrier or impound yard may not:
      1. collect any fee associated with the removal; and
      2. begin charging storage fees.
    1. Except as provided in Subsection (5)(e) and upon receipt of the report, the Motor Vehicle Division shall give notice to the registered owner of the vehicle, vessel, or outboard motor and any lien holder in the manner prescribed by Section 41-1a-114.
    2. The notice shall:
      1. state the date, time, and place of removal, the name, if applicable, of the person operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal, and the place where the vehicle, vessel, or outboard motor is stored;
      2. state that the registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor;
      3. inform the registered owner of the vehicle, vessel, or outboard motor of the conditions that must be satisfied before the vehicle, vessel, or outboard motor is released; and
      4. inform the registered owner and lienholder of the division’s intent to sell the vehicle, vessel, or outboard motor, if within 30 days from the date of the removal or impoundment under this section, the owner, lien holder, or the owner’s agent fails to make a claim for release of the vehicle, vessel, or outboard motor.
    3. Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort to notify the registered owner and any lien holder of the removal and the place where the vehicle, vessel, or outboard motor is stored.
    4. The Motor Vehicle Division shall forward a copy of the notice to the place where the vehicle, vessel, or outboard motor is stored.
    5. The Motor Vehicle Division is not required to give notice under this Subsection (5) if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck service in accordance with Subsection 72-9-603(1)(a)(i).
    1. The vehicle, vessel, or outboard motor shall be released after the registered owner, lien holder, or the owner’s agent:
      1. makes a claim for release of the vehicle, vessel, or outboard motor at any office of the State Tax Commission;
      2. presents identification sufficient to prove ownership of the impounded vehicle, vessel, or outboard motor;
      3. completes the registration, if needed, and pays the appropriate fees;
      4. if the impoundment was made under Section 41-6a-527, pays an administrative impound fee of $330; and
      5. pays all towing and storage fees to the place where the vehicle, vessel, or outboard motor is stored.
      1. Twenty-nine dollars of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be dedicated credits to the Motor Vehicle Division;
      2. $97 of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be deposited in the Department of Public Safety Restricted Account created in Section 53-3-106; and
      3. the remainder of the administrative impound fee assessed under Subsection (6)(a)(iv) shall be deposited in the General Fund.
    2. The administrative impound fee assessed under Subsection (6)(a)(iv) shall be waived or refunded by the State Tax Commission if the registered owner, lien holder, or owner’s agent presents written evidence to the State Tax Commission that:
      1. the Driver License Division determined that the arrested person’s driver license should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter or other report from the Driver License Division presented within 30 days of the final notification from the Driver License Division; or
      2. the vehicle was stolen at the time of the impoundment as shown by a copy of the stolen vehicle report presented within 30 days of the impoundment.
    1. An impounded vehicle, vessel, or outboard motor not claimed by the registered owner or the owner’s agent within the time prescribed by Section 41-1a-1103 shall be sold in accordance with that section and the proceeds, if any, shall be disposed of as provided under Section 41-1a-1104.
    2. The date of impoundment is considered the date of seizure for computing the time period provided under Section 41-1a-1103.
  4. The registered owner who pays all fees and charges incurred in the impoundment of the owner’s vehicle, vessel, or outboard motor, has a cause of action for all the fees and charges, together with damages, court costs, and attorney fees, against the operator of the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
  5. Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel, or outboard motor.
  6. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules setting the performance standards for towing companies to be used by the department.
    1. The Motor Vehicle Division may specify that a report required under Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and retrieval of the information.
      1. Unless otherwise provided by statute, the Motor Vehicle Division or the administrator of the database may adopt a schedule of fees assessed for utilizing the database.
      2. The fees under this Subsection (11)(b) shall:
        1. be reasonable and fair; and
        2. reflect the cost of administering the database.
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Title 53 – Public Safety Code

Chapter 3: Uniform Driver License Act

53-3-105
Section 105 Fees for licenses, renewals, extensions, reinstatements, rescheduling, and identification cards.
The following fees apply in this chapter:
  1. An original class D license application under Section 53-3-205 is $25.
  2. An original provisional license application for a class D license under Section 53-3-205 is $30.
  3. An original application for a motorcycle endorsement under Section 53-3-205 is $9.50.
  4. An original application for a taxicab endorsement under Section 53-3-205 is $7.
  5. A learner permit application under Section 53-3-210.5 is $15.
  6. A renewal of a class D license under Section 53-3-214 is $25 unless Subsection (10) applies.
  7. A renewal of a provisional license application for a class D license under Section 53-3-214 is $25.
  8. A renewal of a motorcycle endorsement under Section 53-3-214 is $9.50.
  9. A renewal of a taxicab endorsement under Section 53-3-214 is $7.
  10. A renewal of a class D license for a person 65 and older under Section 53-3-214 is $13.
  11. An extension of a class D license under Section 53-3-214 is $20 unless Subsection (15) applies.
  12. An extension of a provisional license application for a class D license under Section 53-3-214 is $20.
  13. An extension of a motorcycle endorsement under Section 53-3-214 is $9.50.
  14. An extension of a taxicab endorsement under Section 53-3-214 is $7.
  15. An extension of a class D license for a person 65 and older under Section 53-3-214 is $11.
  16. An original or renewal application for a commercial class A, B, or C license or an original or renewal of a provisional commercial class A or B license under Part 4, Uniform Commercial Driver License Act, is:
    1. $40 for the knowledge test; and
    2. $60 for the skills test.
  17. Each original CDL endorsement for passengers, hazardous material, double or triple trailers, or tankers is $7.
  18. An original CDL endorsement for a school bus under Part 4, Uniform Commercial Driver License Act, is $7.
  19. A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver License Act, is $7.
    1. A retake of a CDL knowledge test provided for in Section 53-3-205 is $20.
    2. A retake of a CDL skills test provided for in Section 53-3-205 is $40.
  20. A retake of a CDL endorsement test provided for in Section 53-3-205 is $7.
  21. A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $18.
    1. A license reinstatement application under Section 53-3-205 is $30.
    2. A license reinstatement application under Section 53-3-205 for an alcohol, drug, or combination of alcohol and any drug-related offense is $35 in addition to the fee under Subsection (23)(a).
    1. An administrative fee for license reinstatement after an alcohol, drug, or combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under Part 4, Uniform Commercial Driver License Act, is $170.
    2. This administrative fee is in addition to the fees under Subsection (23).
    1. An administrative fee for providing the driving record of a driver under Section 53-3-104 or 53-3-420 is $6.
    2. The division may not charge for a report furnished under Section 53-3-104 to a municipal, county, state, or federal agency.
  22. A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
    1. Except as provided under Subsections (27)(b) and (c), an identification card application under Section 53-3-808 is $18.
    2. An identification card application under Section 53-3-808 for a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $13.
    3. A fee may not be charged for an identification card application if the person applying:
      1. has not been issued a Utah driver license;
      2. is indigent; and
      3. is at least 18 years of age.
  23. In addition to any license application fees collected under this chapter, the division shall impose on individuals submitting fingerprints in accordance with Section 53-3-205.5 the fees that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of Criminal Identification provides under Section 53-3-205.5.
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53-3-220
Section 220 Offenses requiring mandatory revocation, denial, suspension, or disqualification of license — Offense requiring an extension of period – Hearing – Limited driving privileges.
    1. The division shall immediately revoke or, when this chapter, Title 41, Chapter 6a, Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, or disqualification, the division shall deny, suspend, or disqualify the license of a person upon receiving a record of the person’s conviction for:
      1. manslaughter or negligent homicide resulting from driving a motor vehicle, or automobile homicide under Section 76-5-207or 76-5-207.5;
      2. driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
      3. driving or being in actual physical control of a motor vehicle while having a blood or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
      4. perjury or the making of a false affidavit to the division under this chapter, Title 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or regulating driving on highways;
      5. any felony under the motor vehicle laws of this state;
      6. any other felony in which a motor vehicle is used to facilitate the offense;
      7. failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another;
      8. two charges of reckless driving, impaired driving, or any combination of reckless driving and impaired driving committed within a period of 12 months; but if upon a first conviction of reckless driving or impaired driving the judge or justice recommends suspension of the convicted person’s license, the division may after a hearing suspend the license for a period of three months;
      9. failure to bring a motor vehicle to a stop at the command of a peace officer as required in Section 41-6a-210;
      10. any offense specified in Part 4, Uniform Commercial Driver License Act, that requires disqualification;
      11. a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or allowing the discharge of a firearm from a vehicle;
      12. using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
      13. operating or being in actual physical control of a motor vehicle while having any measurable controlled substance or metabolite of a controlled substance in the person’s body in violation of Section 41-6a-517;
      14. until July 30, 2015, operating or being in actual physical control of a motor vehicle while having any alcohol in the person’s body in violation of Section 53-3-232;
      15. operating or being in actual physical control of a motor vehicle while having any measurable or detectable amount of alcohol in the person’s body in violation of Section 41-6a-530;
      16. engaging in a motor vehicle speed contest or exhibition of speed on a highway in violation of Section 41-6a-606;
      17. operating or being in actual physical control of a motor vehicle in this state without an ignition interlock system in violation of Section 41-6a-518.2; or
      18. custodial interference, under:
        1. Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless the court provides the division with an order of suspension for a shorter period of time;
        2. Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless the court provides the division with an order of suspension for a shorter period of time; or
        3. Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unless the court provides the division with an order of suspension for a shorter period of time.
    2. The division shall immediately revoke the license of a person upon receiving a record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for:
      1. a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or allowing the discharge of a firearm from a vehicle; or
      2. using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
    3. Except when action is taken under Section 53-3-219 for the same offense, the division shall immediately suspend for six months the license of a person upon receiving a record of conviction for:
      1. any violation of:
        1. Title 58, Chapter 37, Utah Controlled Substances Act;
        2. Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
        3. Title 58, Chapter 37b, Imitation Controlled Substances Act;
        4. Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
        5. Title 58, Chapter 37d, Clandestine Drug Lab Act; or
      2. any criminal offense that prohibits:
        1. possession, distribution, manufacture, cultivation, sale, or transfer of any substance that is prohibited under the acts described in Subsection (1)(c)(i); or
        2. the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
      1. The division shall immediately suspend a person’s driver license for conviction of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
        1. an order from the sentencing court requiring that the person’s driver license be suspended; and
        2. a record of the conviction.
      2. An order of suspension under this section is at the discretion of the sentencing court, and may not be for more than 90 days for each offense.
      1. The division shall immediately suspend for one year the license of a person upon receiving a record of:
        1. conviction for the first time for a violation under Section 32B-4-411; or
        2. an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under Section 32B-4-411.
      2. The division shall immediately suspend for a period of two years the license of a person upon receiving a record of:
          1. conviction for a second or subsequent violation under Section 32B-4-411; and
          2. the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior conviction for a violation under Section 32B-4-411; or
          1. a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under Section 32B-4-411; and
          2. the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under Section 32B-4-411.
      3. Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
        1. for a conviction or adjudication described in Subsection (1)(e)(i):
          1. impose a suspension for one year beginning on the date of conviction; or
          2. if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for one year beginning on the date of eligibility for a driver license; or
        2. for a conviction or adjudication described in Subsection (1)(e)(ii):
          1. impose a suspension for a period of two years; or
          2. if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for two years beginning on the date of eligibility for a driver license.
  1. The division shall extend the period of the first denial, suspension, revocation, or disqualification for an additional like period, to a maximum of one year for each subsequent occurrence, upon receiving:
    1. a record of the conviction of any person on a charge of driving a motor vehicle while the person’s license is denied, suspended, revoked, or disqualified;
    2. a record of a conviction of the person for any violation of the motor vehicle law in which the person was involved as a driver;
    3. a report of an arrest of the person for any violation of the motor vehicle law in which the person was involved as a driver; or
    4. a report of an accident in which the person was involved as a driver.
  2. When the division receives a report under Subsection (2)(c) or (d) that a person is driving while the person’s license is denied, suspended, disqualified, or revoked, the person is entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or revocation originally imposed under Section 53-3-221.
    1. The division may extend to a person the limited privilege of driving a motor vehicle to and from the person’s place of employment or within other specified limits on recommendation of the judge in any case where a person is convicted of any of the offenses referred to in Subsections (1) and (2) except:
      1. automobile homicide under Subsection (1)(a)(i);
      2. those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and (1)(c); and
      3. those offenses referred to in Subsection (2) when the original denial, suspension, revocation, or disqualification was imposed because of a violation of Section 41-6a-50241-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of these sections or ordinances, unless:
        1. the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years;
        2. the division receives written verification from the person’s primary care physician that:
          1. to the physician’s knowledge the person has not used any narcotic drug or other controlled substance except as prescribed by a licensed medical practitioner within the last three years; and
          2. the physician is not aware of any physical, emotional, or mental impairment that would affect the person’s ability to operate a motor vehicle safely; and
        3. for a period of one year prior to the date of the request for a limited driving privilege:
          1. the person has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle;
          2. the division has not received a report of an arrest for a violation of any motor vehicle law in which the person was involved as the operator of the vehicle; and
          3. the division has not received a report of an accident in which the person was involved as an operator of a vehicle.
      1. Except as provided in Subsection (4)(b)(ii), the discretionary privilege authorized in this Subsection (4):
        1. is limited to when undue hardship would result from a failure to grant the privilege; and
        2. may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.
      2. The discretionary privilege authorized in Subsection (4)(a)(iii):
        1. is limited to when the limited privilege is necessary for the person to commute to school or work; and
        2. may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.
    2. A limited CDL may not be granted to a person disqualified under Part 4, Uniform Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or denied under this chapter.
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53-3-223
Section 223 Chemical test for driving under the influence — Temporary license — Hearing and decision — Suspension and fee – Judicial review.
    1. If a peace officer has reasonable grounds to believe that a person may be violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a certain blood or breath alcohol concentration and driving under the influence of any drug, alcohol, or combination of a drug and alcohol or while having any measurable controlled substance or metabolite of a controlled substance in the person’s body in violation of Section 41-6a-517, the peace officer may, in connection with arresting the person, request that the person submit to a chemical test or tests to be administered in compliance with the standards under Section 41-6a-520.
    2. In this section, a reference to Section 41-6a-502 includes any similar local ordinance adopted in compliance with Subsection 41-6a-510(1).
  1. The peace officer shall advise a person prior to the person’s submission to a chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall, and the existence of a blood alcohol content sufficient to render the person incapable of safely driving a motor vehicle may, result in suspension or revocation of the person’s license to drive a motor vehicle.
  2. If the person submits to a chemical test and the test results indicate a blood or breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes a determination, based on reasonable grounds, that the person is otherwise in violation of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice of the division’s intention to suspend the person’s license to drive a motor vehicle.
    1. When a peace officer gives notice on behalf of the division, the peace officer shall:
      1. take the Utah license certificate or permit, if any, of the driver;
      2. issue a temporary license certificate effective for only 29 days from the date of arrest; and
      3. supply to the driver, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division.
    2. A citation issued by a peace officer may, if provided in a manner specified by the division, also serve as the temporary license certificate.
  3. As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which notice is provided:
    1. the person’s license certificate;
    2. a copy of the citation issued for the offense;
    3. a signed report in a manner specified by the division indicating the chemical test results, if any; and
    4. any other basis for the peace officer’s determination that the person has violated Section 41-6a-502 or 41-6a-517.
    1. Upon request in a manner specified by the division, the division shall grant to the person an opportunity to be heard within 29 days after the date of arrest. The request to be heard shall be made within 10 calendar days of the day on which notice is provided under Subsection (5).
      1. Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the division in:
        1. the county in which the arrest occurred; or
        2. a county that is adjacent to the county in which the arrest occurred.
      2. The division may hold a hearing in some other county if the division and the person both agree.
    2. The hearing shall be documented and shall cover the issues of:
      1. whether a peace officer had reasonable grounds to believe the person was driving a motor vehicle in violation of Section 41-6a-502 or 41-6a-517;
      2. whether the person refused to submit to the test; and
      3. the test results, if any.
      1. In connection with a hearing the division or its authorized agent:
        1. may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; or
        2. may issue subpoenas for the attendance of necessary peace officers.
      2. The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 78B-1-119.
    3. The division may designate one or more employees to conduct the hearing.
    4. Any decision made after a hearing before any designated employee is as valid as if made by the division.
    1. If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Section 41-6a-502 or 41-6a-517, if the person failed to appear before the division as required in the notice, or if a hearing is not requested under this section, the division shall:
      1. if the person is 21 years of age or older at the time of arrest and the arrest was made on or after July 1, 2009, suspend the person’s license or permit to operate a motor vehicle for a period of:
        1. 120 days beginning on the 30th day after the date of arrest for a first suspension; or
        2. two years beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or
      2. if the person is under 21 years of age at the time of arrest and the arrest was made on or after July 1, 2009:
        1. suspend the person’s license or permit to operate a motor vehicle:
          1. until the person is 21 years of age or for a period of 120 days, whichever is longer, beginning on the 30th day after the date of arrest for a first suspension; or
          2. until the person is 21 years of age or for a period of two years, whichever is longer, beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or
        2. deny the person’s application for a license or learner’s permit:
          1. until the person is 21 years of age or for a period of 120 days, whichever is longer, for a first suspension if the person has not been issued an operator license; or
          2. until the person is 21 years of age or for a period of two years, whichever is longer, beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years.
    2. The division shall deny or suspend a person’s license for the denial and suspension periods in effect prior to July 1, 2009, for an offense that was committed prior to July 1, 2009.
      1. Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall reinstate a person’s license prior to completion of the 120 day suspension period imposed under Subsection (7)(a)(i)(A):
        1. immediately upon receiving written verification of the person’s dismissal of a charge for a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received prior to completion of the suspension period; or
        2. no sooner than 60 days beginning on the 30th day after the date of arrest upon receiving written verification of the person’s reduction of a charge for a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received prior to completion of the suspension period.
      2. Notwithstanding the provisions in Subsection (7)(a)(i) or (7)(b)(i), the division shall reinstate a person’s license prior to completion of the 90-day suspension period imposed under Subsection (7)(a)(i) immediately upon receiving written verification of the person’s conviction of impaired driving under Section 41-6a-502.5 if:
        1. the written verification is received prior to completion of the suspension period; and
        2. the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court as defined in Section 41-6a-501.
      3. If a person’s license is reinstated under this Subsection (7)(c), the person is required to pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
      4. The driver license reinstatements authorized under this Subsection (7)(c) only apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
    1. The division shall assess against a person, in addition to any fee imposed under Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover administrative costs, which shall be paid before the person’s driving privilege is reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or court decision that the suspension was not proper.
    2. A person whose license has been suspended by the division under this section following an administrative hearing may file a petition within 30 days after the suspension for a hearing on the matter which, if held, is governed by Section 53-3-224.
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53-3-231
Section 231 Person under 21 may not operate a vehicle or motorboat with detectable alcohol in body – Chemical test procedures – Temporary license – Hearing and decision – Suspension of license or operating privilege – Fees – Judicial review – Referral to local substance abuse authority or program.
    1. As used in this section:
      1. “Local substance abuse authority” has the same meaning as provided in Section 62A-15-102.
      2. “Substance abuse program” means any substance abuse program licensed by the Department of Human Services or the Department of Health and approved by the local substance abuse authority.
    2. Calculations of blood, breath, or urine alcohol concentration under this section shall be made in accordance with the procedures inSubsection 41-6a-502(1).
    1. A person younger than 21 years of age may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration in the person’s body as shown by a chemical test.
    2. A person who violates Subsection (2)(a), in addition to any other applicable penalties arising out of the incident, shall have the person’s operator license denied or suspended as provided in Subsection (8).
    1. When a peace officer has reasonable grounds to believe that a person may be violating or has violated Subsection (2), the peace officer may, in connection with arresting the person for a violation of Section 32B-4-409, request that the person submit to a chemical test or tests to be administered in compliance with the standards under Section 41-6a-520.
    2. The peace officer shall advise a person prior to the person’s submission to a chemical test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension of the person’s license to operate a motor vehicle or a refusal to issue a license.
    3. If the person submits to a chemical test and the test results indicate a blood, breath, or urine alcohol content in violation of Subsection (2)(a), or if a peace officer makes a determination, based on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the arrest, give notice of the division’s intention to deny or suspend the person’s license to operate a vehicle or refusal to issue a license under this section.
  1. When a peace officer gives notice on behalf of the division, the peace officer shall:
    1. take the Utah license certificate or permit, if any, of the operator;
    2. issue a temporary license certificate effective for only 29 days from the date of arrest if the driver had a valid operator’s license; and
    3. supply to the operator, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division.
  2. A citation issued by a peace officer may, if provided in a manner specified by the division, also serve as the temporary license certificate under Subsection (4)(b).
  3. As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which notice is provided:
    1. the person’s driver license certificate, if any;
    2. a copy of the citation issued for the offense;
    3. a signed report in a manner specified by the Driver License Division indicating the chemical test results, if any; and
    4. any other basis for a peace officer’s determination that the person has violated Subsection (2).
      1. Upon request in a manner specified by the division, the Driver License Division shall grant to the person an opportunity to be heard within 29 days after the date of arrest under Section 32B-4-409.
      2. The request shall be made within 10 calendar days of the day on which notice is provided.
      1. Except as provided in Subsection (7)(b)(ii), a hearing, if held, shall be before the division in:
        1. the county in which the arrest occurred; or
        2. a county that is adjacent to the county in which the arrest occurred.
      2. The division may hold a hearing in some other county if the division and the person both agree.
    1. The hearing shall be documented and shall cover the issues of:
      1. whether a peace officer had reasonable grounds to believe the person was operating a motor vehicle or motorboat in violation of Subsection (2)(a);
      2. whether the person refused to submit to the test; and
      3. the test results, if any.
    2. In connection with a hearing, the division or its authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and records as defined in Section 46-4-102.
    3. One or more members of the division may conduct the hearing.
    4. Any decision made after a hearing before any number of the members of the division is as valid as if made after a hearing before the full membership of the division.
  4. If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Subsection (2)(a), if the person fails to appear before the division as required in the notice, or if the person does not request a hearing under this section, the division shall:
    1. deny the person’s license until the person is 21 years of age or for a period of 120 days, whichever is longer, beginning on the 30th day after the date of arrest for a first offense under Subsection (2)(a) committed on or after July 1, 2009;
    2. suspend the person’s license until the person is 21 years of age or for a period of two years, whichever is longer, beginning on the 30th day after the date of arrest for a second or subsequent offense under Subsection (2)(a):
      1. within 10 years of a prior denial or suspension; and
      2. committed on or after July 1, 2009;
    3. 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:
      1. the person has not been issued an operator license; and
      2. the suspension is for a first offense under Subsection (2)(a) committed on or after July 1, 2009;
    4. 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:
      1. the person has not been issued an operator license; and
      2. the suspension is for a second or subsequent offense under Subsection (2)(a):
        1. within 10 years of a prior denial or suspension; and
        2. committed on or after July 1, 2009; or
    5. deny or suspend a person’s license for the denial and suspension periods in effect prior to July 1, 2009, for a violation under Subsection (2)(a) that was committed prior to July 1, 2009.
      1. Following denial or suspension the division shall assess against a 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.
      2. This fee shall be canceled if the person obtains an unappealed division hearing or court decision that the suspension was not proper.
    1. A person whose operator license has been denied, suspended, or postponed by the division under this section following an administrative hearing may file a petition within 30 days after the suspension for a hearing on the matter which, if held, is governed by Section 53-3-224.
  5. After reinstatement of an operator license for a first offense under this section, a report authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the person’s operator license under this section if the person has not been convicted of any other offense for which the denial or suspension may be extended.
    1. In addition to the penalties in Subsection (8), a person who violates Subsection (2)(a) shall:
      1. obtain an assessment and recommendation for appropriate action from a substance abuse program, but any associated costs shall be the person’s responsibility; or
      2. be referred by the division to the local substance abuse authority for an assessment and recommendation for appropriate action.
      1. Reinstatement of the person’s operator license or the right to obtain an operator license within five years of the effective date of the license sanction under Subsection (8) is contingent upon successful completion of the action recommended by the local substance abuse authority or the substance abuse program.
      2. The local substance abuse authority’s or the substance abuse program’s recommended action shall be determined by an assessment of the person’s alcohol abuse and may include:
        1. a targeted education and prevention program;
        2. an early intervention program; or
        3. a substance abuse treatment program.
      3. Successful completion of the recommended action shall be determined by standards established by the Division of Substance Abuse and Mental Health.
    2. At the conclusion of the penalty period imposed under Subsection (2), the local substance abuse authority or the substance abuse program shall notify the division of the person’s status regarding completion of the recommended action.
    3. The local substance abuse authorities and the substance abuse programs shall cooperate with the division in:
      1. conducting the assessments;
      2. making appropriate recommendations for action; and
      3. notifying the division about the person’s status regarding completion of the recommended action.
      1. The local substance abuse authority is responsible for the cost of the assessment of the person’s alcohol abuse, if the assessment is conducted by the local substance abuse authority.
      2. The local substance abuse authority or a substance abuse program selected by a person is responsible for:
        1. conducting an assessment of the person’s alcohol abuse; and
        2. for making a referral to an appropriate program on the basis of the findings of the assessment.
        1. The person who violated Subsection (2)(a) is responsible for all costs and fees associated with the recommended program to which the person selected or is referred.
        2. The costs and fees under Subsection (11)(e)(iii)(A) shall be based on a sliding scale consistent with the local substance abuse authority’s policies and practices regarding fees for services or determined by the substance abuse program.
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53-3-232
Section 232 Conditional license – May not operate a vehicle or motorboat with alcohol in body – Penalty.
  1. As used in this section, “qualifying conviction” means:
    1. a conviction of a violation of Section 41-6a-502Section 41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Section 76-5-207, or of alcohol-related reckless driving as described under Subsection 41-6a-512(1);
    2. a revocation under Section 41-6a-521 if the revocation is not based on the same arrest as a conviction under Subsection (1)(a); or
    3. a violation of Subsection (3).
    1. Until June 30, 2005, the division may only issue, reinstate, or renew a driver license in the form of a no alcohol conditional license to a person who has a qualifying conviction for a period of:
      1. two years after issuance of a Utah driver license or permit following a first qualifying conviction for an offense, the arrest for which occurred within the previous 10 years; and
      2. 10 years after issuance of a Utah driver license or permit following a second or subsequent qualifying conviction for an offense, the arrest for which occurred within the previous 10 years.
    2. Beginning on July 1, 2005, the division may not issue, reinstate, or renew a driver license in the form of a no alcohol conditional license.
  2. A no alcohol conditional license shall be issued on the condition that the person may not operate or be in actual physical control of a vehicle or motorboat in this state with any alcohol in the person’s body.
  3. It is a class B misdemeanor for a person who has been issued a no alcohol conditional license to operate or be in actual physical control of a vehicle or motorboat in this state in violation of Subsection (3).
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Chapter 10: Criminal Investigations and Technical Services Act

53-10-403
Section 403 DNA specimen analysis – Application to offenders, including minors.
  1. Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person who:
    1. has pled guilty to or has been convicted of any of the offenses under Subsection (2)(a) or (b) on or after July 1, 2002;
    2. has pled guilty to or has been convicted by any other state or by the United States government of an offense which if committed in this state would be punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
    3. has been booked on or after January 1, 2011, for any offense under Subsection (2)(c); or
    4. is a minor under Subsection (3).
  2. Offenses referred to in Subsection (1) are:
    1. any felony or class A misdemeanor under the Utah Code;
    2. any offense under Subsection (2)(a):
      1. for which the court enters a judgment for conviction to a lower degree of offense under Section 76-3-402; or
      2. regarding which the court allows the defendant to enter a plea in abeyance as defined in Section 77-2a-1; or
    3. any violent felony.
  3. A minor under Subsection (1) is a minor 14 years of age or older whom a Utah court has adjudicated to be within the jurisdiction of the juvenile court due to the commission of any offense described in Subsection (2), and who is:
    1. within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense under Subsection (2); or
    2. in the legal custody of the Division of Juvenile Justice Services on or after July 1, 2002 for an offense under Subsection (2).
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Title 76 – Utah Criminal Code

Chapter 3: Punishments

76-3-203
Section 203 Felony conviction – Indeterminate term of imprisonment.
A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows:
  1. In the case of a felony of the first degree, unless the statute provides otherwise, for a term of not less than five years and which may be for life.
  2. In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years.
  3. In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years.
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76-3-204
Section 204 Misdemeanor conviction – Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
  1. In the case of a class A misdemeanor, for a term not exceeding one year;
  2. In the case of a class B misdemeanor, for a term not exceeding six months;
  3. In the case of a class C misdemeanor, for a term not exceeding 90 days.
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76-3-301
Section 301 Fines of persons.
  1. A person convicted of an offense may be sentenced to pay a fine, not exceeding:
    1. $10,000 for a felony conviction of the first degree or second degree;
    2. $5,000 for a felony conviction of the third degree;
    3. $2,500 for a class A misdemeanor conviction;
    4. $1,000 for a class B misdemeanor conviction;
    5. $750 for a class C misdemeanor conviction or infraction conviction; and
    6. any greater amounts specifically authorized by statute.
  2. This section does not apply to a corporation, association, partnership, government, or governmental instrumentality.
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76-3-402
Section 402 Conviction of lower degree of offense – Procedure and limitations.
  1. If at the time of sentencing the court, having regard to the nature and circumstances of the offense of which the defendant was found guilty and to the history and character of the defendant, and after having given any victims present at the sentencing and the prosecuting attorney an opportunity to be heard, concludes it would be unduly harsh to record the conviction as being for that degree of offense established by statute, the court may enter a judgment of conviction for the next lower degree of offense and impose sentence accordingly.
  2. If the court suspends the execution of the sentence and places the defendant on probation, whether or not the defendant is committed to jail as a condition of probation, the court may enter a judgment of conviction for the next lower degree of offense:
    1. after the defendant has been successfully discharged from probation;
    2. upon motion and notice to the prosecuting attorney;
    3. after reasonable effort has been made by the prosecuting attorney to provide notice to any victims;
    4. after a hearing if requested by either party under Subsection (2)(c); and
    5. if the court finds entering a judgment of conviction for the next lower degree of offense is in the interest of justice.
    1. An offense may be reduced only one degree under this section, whether the reduction is entered under Subsection (1) or (2), unless the prosecutor specifically agrees in writing or on the court record that the offense may be reduced two degrees.
    2. In no case may an offense be reduced under this section by more than two degrees.
  3. This section does not preclude any person from obtaining or being granted an expungement of his record as provided by law.
  4. The court may not enter judgment for a conviction for a lower degree of offense if:
    1. the reduction is specifically precluded by law; or
    2. if any unpaid balance remains on court ordered restitution for the offense for which the reduction is sought.
  5. When the court enters judgment for a lower degree of offense under this section, the actual title of the offense for which the reduction is made may not be altered.
    1. A person may not obtain a reduction under this section of a conviction that requires the person to register as a sex offender until the registration requirements under Section 77-27-21.5 have expired.
    2. A person required to register as a sex offender for the person’s lifetime under Subsection 77-27-21.5(12)(c) may not be granted a reduction of the conviction for the offense or offenses that require the person to register as a sex offender.
  6. As used in this section, “next lower degree of offense” includes an offense regarding which:
    1. a statutory enhancement is charged in the information or indictment that would increase either the maximum or the minimum sentence; and
    2. the court removes the statutory enhancement pursuant to this section.
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Chapter 5 – Offenses Against the Person

76-5-207
Section 207 Automobile homicide
  1. As used in this section:
    1. “Drug” or “drugs” means:
      1. a controlled substance as defined in Section 58-37-2;
      2. a drug as defined in Section 58-17b-102; or
      3. 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.
    2. “Motor vehicle” means any self-propelled vehicle and includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
    1. Criminal homicide is automobile homicide, a third degree felony, if the person operates a motor vehicle in a negligent manner causing the death of another and:
      1. has sufficient alcohol in his 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;
      2. 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
      3. has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.
    2. A conviction for a violation of this Subsection (2) is a second degree felony if it is subsequent to a conviction as defined in Subsection 41-6a-501(2).
    3. As used in this Subsection (2), “negligent” means simple negligence, the failure to exercise that degree of care that reasonable and prudent persons exercise under like or similar circumstances.
    1. Criminal homicide is automobile homicide, a second degree felony, if the person operates a motor vehicle in a criminally negligent manner causing the death of another and:
      1. has sufficient alcohol in his 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;
      2. 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
      3. has a blood or breath alcohol concentration of .08 grams or greater at the time of operation.
    2. As used in this Subsection (3), “criminally negligent” means criminal negligence as defined by Subsection 76-2-103(4).
  2. The standards for chemical breath analysis as provided by Section 41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section 41-6a-516 apply to determination and proof of blood alcohol content under this section.
  3. Calculations of blood or breath alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1).
  4. The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense.
  5. 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.
  6. 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 this section whether or not the injuries arise from the same episode of driving.
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Title 77 – Utah Code of Criminal Procedure

Chapter 7 – Arrest, by Whom, and How Made

77-7-15
Section 15 Authority of peace officer to stop and question suspect — Grounds.
A peace officer may stop any person in a public place when he has a reasonable suspicion to believe he has committed or is in the act of committing or is attempting to commit a public offense and may demand his name, address and an explanation of his actions. Back to Top