Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Arrest: Taking physical custody of a person by lawful authority.
Conviction: A judgement of guilt against a criminal defendant.
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
If a court finds a minor engaged in a proof of age violation, notwithstanding the penalties provided for in Subsection (1):
(a)
(i)
for a first violation, the minor is guilty of a class B misdemeanor;
(ii)
for a second violation, the minor is guilty of a class A misdemeanor; and
(iii)
for a third or subsequent violation, the minor is guilty of a class A misdemeanor, except that the court may impose:
(A)
a fine of up to $5,000;
(B)
screening, assessment, or substance use disorder treatment, as defined in Section 41-6a-501;
(C)
an educational series, as defined in Section 41-6a-501;
(D)
alcoholic product related community service or compensatory service work program hours;
(E)
fees for restitution and treatment costs;
(F)
defensive driver education courses; or
(G)
a combination of these penalties;
(b)
(i)
for a minor who is younger than 18 years old:
(A)
the court may forward to the Driver License Division a record of an adjudication under Section 80-6-701, for a violation under this section; and
(B)
the provisions regarding suspension of a driver license under Section 80-6-707 apply; and
(ii)
for a minor who is at least 18 years old, but younger than 21 years old:
(A)
the court shall forward to the Driver License Division a record of conviction for a violation under this section; and
(B)
the Driver License Division shall suspend the person‘s license under Section 53-3-220; and
(c)
notwithstanding Subsection (2)(a), if a minor is adjudicated under Section 80-6-701, the court may order:
(i)
substance use disorder treatment or an educational series only if the minor has an assessed need for the intervention based on the results of a validated assessment; and
(ii)
a fine, fee, service hours, or costs in accordance with Section 80-6-709.
the violation is the minor’s first violation of this section; and
(ii)
(A)
the minor completes an educational series as defined in Section 41-6a-501; or
(B)
the minor demonstrates substantial progress in substance use disorder treatment.
(b)
Notwithstanding the requirement in Subsection (2)(b), the court may reduce the suspension period under Subsection 53-3-220(1)(e) or 80-6-707(4)(a)(ii)(B) if:
(i)
the violation is the minor’s second or subsequent violation of this section;
(ii)
the person has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A)
the person is 18 years old or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or 80-6-707(4)(b)(ii)(A); or
(B)
the minor is under 18 years old and has the minor’s parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian‘s knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or 80-6-707(4)(b)(ii)(B).
(4)
When the Department of Public Safety receives the arrest or conviction record of an individual for a driving offense committed while the individual’s license is suspended pursuant to this section, the Department of Public Safety shall extend the suspension for an additional like period of time.
(5)
A court may not fail to enter a judgment of conviction under this section under a plea in abeyance agreement.
