| (1) |
Terms Used In Utah Code 41-6a-512- Assessment: means an in-depth clinical interview with a licensed mental health therapist:
| (i) | used to determine if a person is in need of:| (A) | substance abuse treatment that is obtained at a substance abuse program; |
| (B) | an educational series; or |
| (C) | a combination of Subsections (1)(b)(i)(A) and (B); and |
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| (ii) | that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any conviction arising from a separate episode of driving for a violation of:
| (i) | driving under the influence under Section 41-6a-502; |
| (ii) | | (A) | for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or |
| (B) | for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- drugs: means :
| (i) | a controlled substance as defined in Section 58-37-2; |
| (iii) | a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501- Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Screening: means a preliminary appraisal of a person:
| (i) | used to determine if the person is in need of:| (B) | an educational series; and |
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| (ii) | that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
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| (a) |
The prosecution shall state for the record a factual basis for a plea, including whether or not there had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with the violation when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an original charge of a violation of Section 41-6a-502 for an offense committed before July 1, 2008:
| (i) |
reckless driving under Section 41-6a-528; or |
| (ii) |
an ordinance enacted under Section 41-6a-510. |
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| (b) |
The statement under Subsection (1)(a) is an offer of proof of the facts that shows whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation. |
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| (2) |
The court shall advise the defendant before accepting the plea offered under this section of the consequences of a violation of Section 41-6a-528. |
| (3) |
The court shall notify the Driver License Division of each conviction of Section 41-6a-528 entered under this section. |
| (4) |
| (a) |
The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series or obtain substance abuse treatment or do a combination of those things, apply to a conviction for a violation of Section 41-6a-528 under Subsection (1). |
| (b) |
The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections 41-6a-505(1), (3), (5), and (7). |
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Amended by Chapter 79, 2021 General Session
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