53-3-220. Offenses requiring mandatory revocation, denial, suspension, or disqualification of license — Offense requiring an extension of period — Hearing — Limited driving privileges.
(1)
Terms Used In Utah Code 53-3-220
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.
CDL: means a license:
(a)
issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102
Conviction: A judgement of guilt against a criminal defendant.
Conviction: means any of the following:
(a)
an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
(b)
an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;
(c)
a plea of guilty or nolo contendere accepted by the court;
(d)
the payment of a fine or court costs; or
(e)
violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
denied: means the withdrawal of a driving privilege by the division to which the provisions of 4, do not apply. See Utah Code 53-3-102
Disqualification: means either:
(a)
the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle;
Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
driver: includes any person who is required to hold a CDL under 4, or federal law. See Utah Code 53-3-102
Extension: means a renewal completed in a manner specified by the division. See Utah Code 53-3-102
Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic. See Utah Code 53-3-102
Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
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.
Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
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
Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
(a)
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:
(i)
manslaughter or negligent homicide resulting from driving a motor vehicle, negligently operating a vehicle resulting in death under Section 76-5-207, or automobile homicide involving using a handheld wireless communication device while driving under Section 76-5-207.5;
(ii)
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);
(iii)
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);
(iv)
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;
(v)
any felony under the motor vehicle laws of this state;
(vi)
any other felony in which a motor vehicle is used to facilitate the offense;
(vii)
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;
(viii)
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;
(ix)
failure to bring a motor vehicle to a stop at the command of a law enforcement officer as required in Section 41-6a-210;
(x)
any offense specified in 4, that requires disqualification;
(xi)
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;
(xii)
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);
(xiii)
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;
(xiv)
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;
(xv)
engaging in a motor vehicle speed contest or exhibition of speed on a highway in violation of Section 41-6a-606;
(xvi)
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
(xvii)
refusal of a chemical test under Subsection 41-6a-520.1(1).
(b)
The division shall immediately revoke the license of a person upon receiving a record of an adjudication under Section 80-6-701 for:
(i)
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
(ii)
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).
(c)
(i)
Except when action is taken under Section 53-3-219 for the same offense, upon receiving a record of conviction, the division shall immediately suspend for six months the license of the convicted person if the person was convicted of violating any one of the following offenses while the person was an operator of a motor vehicle, and the court finds that a driver license suspension is likely to reduce recidivism and is in the interest of public safety:
any criminal offense that prohibits possession, distribution, manufacture, cultivation, sale, or transfer of any substance that is prohibited under the acts described in Subsections (1)(c)(i)(A) through (E), or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance that is prohibited under the acts described in Subsections (1)(c)(i)(A) through (E).
(ii)
Notwithstanding the provisions in Subsection (1)(c)(i), the division shall reinstate a person’s driving privilege before completion of the suspension period imposed under Subsection (1)(c)(i) if the reporting court notifies the Driver LicenseDivision, in a manner specified by the division, that the defendant is participating in or has successfully completed a drug court program as defined in Section 78A-5-201.
(iii)
If a person’s driving privilege is reinstated under Subsection (1)(c)(ii), the person is required to pay the license reinstatement fees under Subsection 53-3-105(26).
(iv)
The court shall notify the division, in a manner specified by the division, if a person fails to complete all requirements of the drug court program.
(v)
Upon receiving the notification described in Subsection (1)(c)(iv), the division shall suspend the person’s driving privilege for a period of six months from the date of the notice, and no days shall be subtracted from the six-month suspension period for which a driving privilege was previously suspended under Subsection (1)(c)(i).
(d)
(i)
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:
(A)
an order from the sentencing court requiring that the person’s driver license be suspended; and
(B)
a record of the conviction.
(ii)
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.
(e)
(i)
The division shall immediately suspend for one year the license of a person upon receiving a record of:
(A)
conviction for the first time for a violation under Section 32B-4-411; or
(B)
an adjudication under Section 80-6-701 for a violation under Section 32B-4-411.
(ii)
The division shall immediately suspend for a period of two years the license of a person upon receiving a record of:
(A)
(I)
conviction for a second or subsequent violation under Section 32B-4-411; and
(II)
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
(B)
(I)
a second or subsequent adjudication under Section 80-6-701 for a violation under Section 32B-4-411; and
(II)
the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior adjudication under Section 80-6-701 for a violation under Section 32B-4-411.
(iii)
Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
(A)
for a conviction or adjudication described in Subsection (1)(e)(i):
(I)
impose a suspension for one year beginning on the date of conviction; or
(II)
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
(B)
for a conviction or adjudication described in Subsection (1)(e)(ii):
(I)
impose a suspension for a period of two years; or
(II)
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.
(iv)
Upon receipt of the first order suspending a person’s driving privileges under Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(i) if ordered by the court in accordance with Subsection 32B-4-411(3)(a).
(v)
Upon receipt of the second or subsequent order suspending a person’s driving privileges under Section 32B-4-411, the division shall reduce the suspension period under Subsection (1)(e)(ii) if ordered by the court in accordance with Subsection 32B-4-411(3)(b).
(2)
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:
(a)
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;
(b)
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;
(c)
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
(d)
a report of an accident in which the person was involved as a driver.
(3)
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.
(4)
(a)
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:
(i)
those offenses referred to in Subsections (1)(a)(i), (ii), (iii), (xi), (xii), (xiii), (1)(b), and (1)(c)(i); and
(ii)
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-502, 41-6a-517, a local ordinance that complies with the requirements of Subsection 41-6a-510(1), Section 41-6a-520, 41-6a-520.1, 76-5-102.1, or 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:
(A)
the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years;
(B)
the division receives written verification from the person’s primary care physician that:
(I)
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
(II)
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
(C)
for a period of one year prior to the date of the request for a limited driving privilege:
(I)
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;
(II)
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
(III)
the division has not received a report of an accident in which the person was involved as an operator of a vehicle.
(b)
(i)
Except as provided in Subsection (4)(b)(ii), the discretionary privilege authorized in this Subsection (4):
(A)
is limited to when undue hardship would result from a failure to grant the privilege; and
(B)
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.
(ii)
The discretionary privilege authorized in Subsection (4)(a)(ii):
(A)
is limited to when the limited privilege is necessary for the person to commute to school or work; and
(B)
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.
(c)
A limited CDL may not be granted to a person disqualified under 4, or whose license has been revoked, suspended, cancelled, or denied under this chapter.
