| (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-501Operator: means :| (a) | a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102Person: 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-102Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.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) |
revoke for a period of 18 months the operator‘s license of a person convicted for the first time under Subsection 41-6a-520.1(1); or |
| (b) |
revoke for a period of 36 months the license of a person if:
| (i) |
the person has a prior conviction as defined under Section 41-6a-501; and |
| (ii) |
the current refusal to submit to a chemical test violation under Subsection 41-6a-520.1(1) is committed within a period of 10 years from the date of the prior violation. |
|
|
| (2) |
The Driver License Division shall, if the person is under 21 years old at the time of arrest:
| (a) |
revoke the person’s driver license until the person is 21 years old or for a period of two years, whichever is longer; |
| (b) |
revoke the person’s driver license until the person is 21 years old or for a period of 36 months, whichever is longer, if:
| (i) |
the person has a prior conviction as defined under Section 41-6a-501; and |
| (ii) |
the current refusal to submit to a chemical test violation under Subsection 41-6a-520.1(1) is committed within a period of 10 years from the date of the prior violation; or |
|
| (c) |
if the person has not been issued an operator license:
| (i) |
deny the person’s application for a license or learner’s permit until the person is 21 years old or for a period of two years, whichever is longer; or |
| (ii) |
deny the person’s application for a license or learner’s permit until the person is 21 years old or for a period of 36 months, whichever is longer, if:
| (A) |
the person has a prior conviction as defined under Section 41-6a-501; and |
| (B) |
the current refusal to submit to a chemical test violation under Subsection 41-6a-520.1(1) is committed within a period of 10 years from the date of the prior violation. |
|
|
|
| (3) |
The Driver License Division shall suspend or revoke the license of a person as ordered by the court under Subsection (5). |
| (4) |
The Driver License Division shall subtract from any revocation period the number of days for which a license was previously revoked under Section 41-6a-521 if the previous revocation was based on the same occurrence upon which the record of conviction under Subsection 41-6a-520.1(1) is based. |
| (5) |
| (a) |
| (i) |
In addition to any other penalties provided in this section, a court may order the driver license of a person who is convicted of a violation of Subsection 41-6a-520.1(1) to be revoked for an additional period of 90 days, 120 days, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards. |
| (ii) |
The additional revocation period provided in this Subsection (5) shall begin the date on which the individual would be eligible to reinstate the individual’s driving privilege for a violation of Subsection 41-6a-520.1(1). |
|
| (b) |
If the court suspends or revokes the person’s license under this Subsection (5), 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. |
|
| (6) |
| (a) |
The court shall notify the Driver License Division if a person fails to:
| (i) |
complete all court ordered:
| (D) |
substance abuse treatment; and |
| (E) |
hours of work in a compensatory-service work program; or |
|
| (ii) |
pay all fines and fees, including fees for restitution and treatment costs. |
|
| (b) |
Upon receiving the notification described in Subsection (6)(a), the Driver License Division shall suspend the person’s driving privilege in accordance with Subsections 53-3-221(2) and (3). |
|
| (7) |
| (a) |
If a person elects to become an interlock restricted driver under Subsection 41-6a-521(7), the Driver License Division may not revoke the operator’s license as described in Subsection (1)(a) unless the person fails to complete three years of the interlock restriction under Subsection 41-6a-521(7). |
| (b) |
If a person elects to become an interlock restricted driver under Subsection 41-6a-521(7) and the person fails to complete the full three years of interlock restriction, the Driver License Division:
| (i) |
shall revoke the operator’s license as described in Subsection (1)(a), effective on the date the ignition interlock was removed from the vehicle; and |
| (ii) |
may not subtract any days from the revocation period under Subsection (7)(b)(i) for days during which the person was compliant with the interlock restriction under Subsection 41-6a-521(7). |
|
|
| (8) |
| (a) |
The Driver License Division may shorten a person’s revocation period imposed under Subsection (1) before the completion of the person’s revocation period if:
| (i) |
the person is participating in or has successfully completed a 24-7 sobriety program as defined in Section 41-6a-515.5; and |
| (ii) |
the reporting court:
| (A) |
shortens the person’s operator’s license revocation period due to the person’s participation in or successful completion of a 24-7 sobriety program; and |
| (B) |
forwards the order shortening the person’s operator’s license revocation period to the Driver License Division in the manner specified by the Driver License Division. |
|
|
| (b) |
A reporting court shall notify the Driver License Division, in the manner specified by the Driver License Division, if a person fails to complete all requirements of a 24-7 sobriety program. |
| (c) |
Upon receiving a notification described in Subsection (8)(b), for a first offense, the Driver License Division:
| (i) |
shall revoke the person’s operator’s license for a period of 18 months from the date of the notice; and |
| (ii) |
may not subtract any days from the revocation period under Subsection (8)(c)(i) for which the operator’s license was previously revoked under this section or Section 41-6a-521, or suspended under Section 53-3-223, if the previous suspension was based on the same occurrence upon which the conviction under this section is based. |
|
| (d) |
Upon receiving a notification described in Subsection (8)(b), for a second or subsequent offense, the Driver License Division:
| (i) |
shall revoke the person’s operator’s license for a period of three years from the date of the notice; and |
| (ii) |
may not subtract any days from the revocation period under Subsection (8)(d)(i) for which the operator’s license was previously revoked under this section or Section 41-6a-521, or suspended under Section 53-3-223, if the previous revocation was based on the same occurrence upon which the conviction under this section is based. |
|
|
Amended by Chapter 384, 2023 General Session
Amended by Chapter 415, 2023 General Session
|
