Terms Used In Utah Code 41-6a-502.5

• 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

  (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. Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. 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 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Screening: means a preliminary appraisal of a person: (i)  used to determine if the person is in need of: (A)  an assessment; or (B)  an educational series; and (ii)  that is approved by the Division of 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 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 (a)  the defendant completes court ordered probation requirements; or (b)  (i)  the prosecutor agrees as part of a negotiated plea; and (ii)  the court finds the plea to be in the interest of justice. (2)  A conviction entered under this section is a class B misdemeanor. (3)  (a)  (i)  If the entry of an impaired driving plea is based on successful completion of probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea. (ii)  If the defendant fails to appear before the court and establish successful completion of the court ordered probation requirements under Subsection (1)(a), the court shall enter an amended conviction of Section 41-6a-502. (iii)  The date of entry of the amended order under Subsection (3)(a)(ii) is the date of conviction. (b)  The court may enter a conviction of impaired driving immediately under Subsection (1)(b). (4)  For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor violation of Section 41-6a-502 as impaired driving under this section is a reduction of one degree. (5)  (a)  The court shall notify the Driver License Division of each conviction entered under this section. (b)  Beginning on July 1, 2012, a court shall, monthly, send to the Division of Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving while impaired, in whole or in part, by a prescribed controlled substance. (6)  (a)  The provisions in Subsections 41-6a-505(1), (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 entered under this section. (b)  The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under this section as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections 41-6a-505(1), (3), (5), and (7). (7)  (a)  Except as provided in Subsection (7)(b), a report authorized by Section 53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court. (b)  The provisions of Subsection (7)(a) do not apply to a report concerning: (i)  a CDL license holder; or (ii)  a violation that occurred in a commercial motor vehicle. (8)  The provisions of this section are not available: (a)  to a person who has a prior conviction as that term is defined in Subsection 41-6a-501(2); or (b)  where there is admissible evidence that the individual: (i)  had a blood or breath alcohol level of .16 or higher; (ii)  had a blood or breath alcohol level of .05 or higher in addition to any measurable controlled substance; or (iii)  had a combination of two or more controlled substances in the person’s body that were not: (A)  prescribed by a licensed physician; or (B)  recommended in accordance with 2. Amended by Chapter 328, 2023 General Session   Previous section Next section    Part 5 Contents