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[Utah Code Table of
Contents]
[TITLE 41.
Table of Contents]
[CHAPTER 6. Table of
Contents]
41-6-43 Local DUI and related ordinances and reckless driving ordinances - Consistent with code.
(1) An ordinance adopted by a local authority that governs a person's operating or being in actual physical control of a motor vehicle while having alcohol in the blood or while under the influence of alcohol or any drug or the combined influence of alcohol and any drug, or that governs, in relation to any of those matters, the use of a chemical test or chemical tests, or evidentiary presumptions, or penalties, or that governs any combination of those matters, shall be consistent with the provisions in this code which govern those matters.
(2) An ordinance adopted by a local authority that governs reckless driving,
or operating a vehicle in willful or wanton disregard for the safety of persons
or property shall be consistent with the provisions of this code which govern
those matters.
1987
41-6-43.5 Definitions.
As used in this article,"vehicle" or "motor vehicle," in addition to the
definitions provided under Section 41-6-1 , includes
an off-highway vehicle as defined under Section 41-22-2 and a motorboat as defined in Section 73-18-2 .
2002
41-6-43.7 Courts to collect and maintain data.
The state courts shall collect and maintain data necessary to allow
sentencing and enhancement decisions to be made in accordance with this article.
2002
41-6-44 Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration - Measurement of blood or breath alcohol - Criminal punishment - Arrest without warrant - Penalties - Suspension or revocation of license.
(1) As used in this section:
(a) "conviction" means any conviction for a violation of:
(i) this section;
(ii) alcohol, any drug, or a combination of both-related reckless driving under Subsections (9) and (10);
(iii) Section 41-6-44.6 , driving with any measurable controlled substance that is taken illegally in the body;
(iv) local ordinances similar to this section or alcohol, any drug, or a combination of both-related reckless driving adopted in compliance with Section 41-6-43 ;
(v) automobile homicide under Section 76-5-207 ; or
(vi) a violation described in Subsections (1)(a)(i) through (v), which judgment of conviction is reduced under Section 76-3-402 ; or
(vii) statutes or ordinances in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of this section or alcohol, any drug, or a combination of both-related reckless driving if committed in this state, including punishments administered under 10 U.S.C. Sec. 815;
(b) "educational series" means an educational series obtained at a substance abuse program that is approved by the Board of Substance Abuse in accordance with Section 62A-8-107 ;
(c) "screening and assessment" means a substance abuse addiction and dependency screening and assessment obtained at a substance abuse program that is approved by the Board of Substance Abuse in accordance with Section 62A-8-107 ;
(d) "serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death;
(e) "substance abuse treatment" means treatment obtained at a substance abuse program that is approved by the Board of Substance Abuse in accordance with Section 62A-8-107 ;
(f) "substance abuse treatment program" means a state licensed substance abuse program;
(g) a violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6-43 ; and
(h) the standard of negligence is that of simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(2) (a) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(b) The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense against any charge of violating this section.
(c) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
(3) (a) A person convicted the first or second time of a violation of Subsection (2) is guilty of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person:
(A) has also inflicted bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner;
(B) had a passenger under 16 years of age in the vehicle at the time of the offense; or
(C) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at the time of the offense.
(b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony if the person has also inflicted serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner.
(4) (a) As part of any sentence imposed the court shall, upon a first conviction, impose a mandatory jail sentence of not less than 48 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 48 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (4)(d); and
(iii) impose a fine of not less than $700.
(d) The court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.
(e) (i) Except as provided in Subsection (4)(e)(ii), the court may order probation for the person in accordance with Subsection (14).
(ii) If there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court shall order probation for the person in accordance with Subsection (14).
(5) (a) If a person is convicted under Subsection (2) within ten years of a prior conviction under this section, the court shall as part of any sentence impose a mandatory jail sentence of not less than 240 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 240 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (5)(d); and
(iii) impose a fine of not less than $800.
(d) The court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.
(e) The court shall order probation for the person in accordance with Subsection (14).
(6) (a) A conviction for a violation of Subsection (2) is a third degree felony if it is:
(i) a third or subsequent conviction under this section within ten years of two or more prior convictions; or
(ii) at any time after a conviction of:
(A) automobile homicide under Section 76-5-207 that is committed after July 1, 2001; or
(B) a felony violation under this section that is committed after July 1, 2001.
(b) Any conviction described in this Subsection (6) which judgment of conviction is reduced under Section 76-3-402 is a conviction for purposes of this section.
(c) Under Subsection (3)(b) or (6)(a), if the court suspends the execution of a prison sentence and places the defendant on probation the court shall impose:
(i) a fine of not less than $1,500; and
(ii) a mandatory jail sentence of not less than 1,500 hours.
(d) For Subsection (6)(a) or (c), the court shall impose an order requiring the person to obtain a screening and assessment and substance abuse treatment at a substance abuse treatment program providing intensive care or inpatient treatment and long-term closely supervised follow-through after treatment for not less than 240 hours.
(e) In addition to the penalties required under Subsection (6)(c), if the court orders probation, the probation shall be supervised probation which may include requiring the person to participate in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(7) The mandatory portion of any sentence required under this section may not be suspended and the convicted person is not eligible for parole or probation until any sentence imposed under this section has been served. Probation or parole resulting from a conviction for a violation under this section may not be terminated.
(8) (a) (i) The provisions in Subsections (4), (5), and (6) that require a sentencing court to order a convicted person to: participate in a screening and assessment; and an educational series; obtain, in the discretion of the court, substance abuse treatment; obtain, mandatorily, substance abuse treatment; or do a combination of those things, apply to a conviction for a violation of Section 41-6-44.6 or 41-6-45 under Subsection (9).
(ii) The court shall render the same order regarding screening and assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under Section 41-6-44.6 or 41-6-45 under Subsection (9), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections (4), (5), and (6).
(b) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening and assessment;
(B) educational series;
(C) substance abuse treatment; and
(D) hours of work in compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs. Upon receiving the notification, the division shall suspend the person's driving privilege in accordance with Subsections 53-3-221 (2) and (3).
(9) (a) (i) When the prosecution agrees to a plea of guilty or no contest to a charge of a violation of Section 41-6-45 , of an ordinance enacted under Section 41-6-43 , or of Section 41-6-44.6 in satisfaction of, or as a substitute for, an original charge of a violation of this section, the prosecution shall state for the record a factual basis for the 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.
(ii) The statement 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.
(b) The court shall advise the defendant before accepting the plea offered under this Subsection (9)(b) of the consequences of a violation of Section 41-6-44.6 or of Section 41-6-45 .
(c) The court shall notify the Driver License Division of each conviction of Section 41-6-44.6 or 41-6-45 entered under this Subsection (9).
(10) A peace officer may, without a warrant, arrest a person for a violation of this section when the officer has probable cause to believe the violation has occurred, although not in his presence, and if the officer has probable cause to believe that the violation was committed by the person.
(11) (a) The Driver License Division shall:
(i) suspend for 90 days the operator's license of a person convicted for the first time under Subsection (2);
(ii) revoke for one year the license of a person convicted of any subsequent offense under Subsection (2) or if the person has a prior conviction as defined under Subsection (1) if the violation is committed within a period of ten years from the date of the prior violation; and
(iii) suspend or revoke the license of a person as ordered by the court under Subsection (12).
(b) The Driver License Division shall subtract from any suspension or revocation period the number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231 , if the previous suspension was based on the same occurrence upon which the record of conviction is based.
(12) (a) In addition to any other penalties provided in this section, a court may order the operator's license of a person who is convicted of a violation of Subsection (2) to be suspended or revoked for an additional period of 90 days, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards.
(b) If the court suspends or revokes the person's license under this Subsection (12)(b), 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.
(13) (a) If the court orders a person to participate in home confinement through the use of electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation monitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
(b) The electronic monitoring device shall be used under conditions which require:
(i) the person to wear an electronic monitoring device at all times;
(ii) that a device be placed in the home or other specified location of the person, so that the person's compliance with the court's order may be monitored; and
(iii) the person to pay the costs of the electronic monitoring.
(c) The court shall order the appropriate entity described in Subsection (13)(e) to place an electronic monitoring device on the person and install electronic monitoring equipment in the residence of the person or other specified location.
(d) The court may:
(i) require the person's electronic home monitoring device to include a substance abuse testing instrument;
(ii) restrict the amount of alcohol the person may consume during the time the person is subject to home confinement;
(iii) set specific time and location conditions that allow the person to attend school educational classes, or employment and to travel directly between those activities and the person's home; and
(iv) waive all or part of the costs associated with home confinement if the person is determined to be indigent by the court.
(e) The electronic monitoring described in this section may either be administered directly by the appropriate corrections agency, probation monitoring agency, or by contract with a private provider.
(f) The electronic monitoring provider shall cover the costs of waivers by the court under Subsection (13)(c)(iv).
(14) (a) If supervised probation is ordered under Section 41-6-44.6 or Subsection (4)(e) or (5)(e):
(i) the court shall specify the period of the probation;
(ii) the person shall pay all of the costs of the probation; and
(iii) the court may order any other conditions of the probation.
(b) The court shall provide the probation described in this section by contract with a probation monitoring agency or a private probation provider.
(c) The probation provider described in Subsection (14)(b) shall monitor the person's compliance with all conditions of the person's sentence, conditions of probation, and court orders received under this article and shall notify the court of any failure to comply with or complete that sentence or those conditions or orders.
(d) (i) The court may waive all or part of the costs associated with probation if the person is determined to be indigent by the court.
(ii) The probation provider described in Subsection (14)(b) shall cover the costs of waivers by the court under Subsection (14)(d)(i).
(15) If a person is convicted of a violation of Subsection (2) and there is admissible evidence that the person had a blood alcohol level of .16 or higher, then if the court does not order:
(a) treatment as described under Subsection (4)(d), (5)(d), or (6)(d), then the court shall enter the reasons on the record; and
(b) the following penalties, the court shall enter the reasons on the record:
(i) the installation of an ignition interlock system as a condition of probation for the person in accordance with Section 41-6-44.7 ; or
(ii) the imposition of home confinement through the use of electronic
monitoring in accordance with Subsection (13).
2002
41-6-44.1 Procedures - Adjudicative proceedings.
The Department of Public Safety shall comply with the procedures and
requirements of Title 63, Chapter 46b, in its adjudicative proceedings.
1987
41-6-44.3 Standards for chemical breath analysis - Evidence.
(1) The commissioner of the Department of Public Safety shall establish standards for the administration and interpretation of chemical analysis of a person's breath, including standards of training.
(2) In any action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or any drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered as memoranda or records of acts, conditions, or events to prove that the analysis was made and the instrument used was accurate, according to standards established in Subsection (1), are admissible if:
(a) the judge finds that they were made in the regular course of the investigation at or about the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances of their preparation indicate their trustworthiness.
(3) If the judge finds that the standards established under Subsection (1)
and the conditions of Subsection (2) have been met, there is a presumption that
the test results are valid and further foundation for introduction of the
evidence is unnecessary.
1987
41-6-44.5 Admissibility of chemical test results in actions for driving under the influence - Weight of evidence.
(1) (a) In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or drugs or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test or tests as authorized in Section 41-6-44.10 are admissible as evidence.
(b) In a criminal proceeding, noncompliance with Section 41-6-44.10 does not render the results of a chemical test inadmissible. Evidence of a defendant's blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution.
(2) This section does not prevent a court from receiving otherwise admissible
evidence as to a defendant's blood or breath alcohol level or drug level at the
time relevant to the alleged offense.
2002
41-6-44.6 Definitions - Driving with any measurable controlled substance in the body - Penalties - Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means any substance scheduled under Section 58-37-4 .
(b) "Practitioner" has the same meaning as provided in Section 58-37-2 .
(c) "Prescribe" has the same meaning as provided in Section 58-37-2 .
(d) "Prescription" has the same meaning as provided in Section 58-37-2 .
(2) In cases not amounting to a violation of Section 41-6-44 , a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person's body.
(3) It is an affirmative defense to prosecution under this section that the controlled substance was involuntarily ingested by the accused or prescribed by a practitioner for use by the accused.
(4) A person convicted of a violation of Subsection (2) is guilty of a class B misdemeanor.
(5) A peace officer may, without a warrant, arrest a person for a violation of this section when the officer has probable cause to believe the violation has occurred, although not in the officer's presence, and if the officer has probable cause to believe that the violation was committed by the person.
(6) The Driver License Division shall:
(a) suspend, for 90 days, the driver license of a person convicted under Subsection (2);
(b) revoke, for one year, the driver license of a person convicted of a second or subsequent offense under Subsection (2) or if the person has a prior conviction as defined under Subsection 41-6-44 (1), if the violation is committed within a period of ten years after the date of the prior violation; and
(c) subtract from any suspension or revocation period the number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231 , if the previous suspension was based on the same occurrence upon which the record of conviction is based.
(7) If a person fails to complete all court ordered screening and assessment, educational series, and substance abuse treatment, or fails to pay all fines and fees, including fees for restitution and treatment costs, the court shall notify the Driver License Division of a failure to comply. Upon receiving the notification, the division shall suspend the person's driving privilege in accordance with Subsections 53-3-221 (2) and (3).
(8) The court shall order supervised probation in accordance with Subsection 41-6-44 (14) for a person convicted under Subsection
(2).
2002
41-6-44.7 Ignition interlock devices - Use - Probationer to pay cost - Impecuniosity - Fee.
(1) As used in this section:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Ignition interlock system" or "system" means a constant monitoring device or any similar device certified by the commissioner that prevents a motor vehicle from being started without first determining the driver's breath alcohol concentration.
(c) "Probation provider" means the supervisor and monitor of the ignition interlock system required as a condition of probation or as otherwise ordered by the court who contracts with the court in accordance with Subsections 41-6-44 (14)(b) and (c).
(2) (a) In addition to any other penalties imposed under Section 41-6-44 , and in addition to any requirements imposed as a condition of probation, the court may require that any person who is convicted of violating Section 41-6-44 and who is granted probation may not operate a motor vehicle during the period of probation unless that motor vehicle is equipped with a functioning, certified ignition interlock system installed and calibrated so that the motor vehicle will not start if the operator's blood alcohol concentration exceeds a level ordered by the court.
(b) If a person convicted of violating Section 41-6-44 was under the age of 21 when the violation occurred, the court shall order the installation of the ignition interlock system as a condition of probation.
(c) (i) If a person is convicted of a violation of Section 41-6-44 within ten years of a prior conviction of that section, the court shall order the installation of the ignition interlock system, at the person's expense, for all motor vehicles registered to that person and all motor vehicles operated by that person for three years from the date of conviction.
(ii) The division shall post the ignition interlock restriction on the electronic record available to law enforcement.
(d) This section does not apply to a person convicted of a violation of Section 41-6-44 whose violation involves drugs other than alcohol.
(3) Except as provided in Subsection (2)(c), if the court imposes the use of an ignition interlock system as a condition of probation, the court shall:
(a) stipulate on the record the requirement for and the period of the use of an ignition interlock system;
(b) order that an ignition interlock system be installed on each motor vehicle owned or operated by the probationer, at the probationer's expense;
(c) order the probationer to submit his driver license to the Driver License Division in accordance with Subsection (5);
(d) immediately notify the Driver License Division and the person's probation provider of the order; and
(e) require the probationer to provide proof of compliance with the court's order to the probation provider within 30 days of the order.
(4) (a) The probationer shall provide timely proof of installation within 30 days of an order imposing the use of a system or show cause why the order was not complied with to the court or to the probationer's probation provider.
(b) The probation provider shall notify the court of failure to comply under Subsection (4)(a).
(c) For failure to comply under Subsection (4)(a) or upon receiving the notification under Subsection (4)(b), the court shall order the Driver License Division to suspend the probationer's driving privileges for the remaining period during which the compliance was imposed.
(d) Cause for failure to comply means any reason the court finds sufficiently justifiable to excuse the probationer's failure to comply with the court's order.
(5) (a) If use of an ignition interlock system is required under this section, the division may not issue, reinstate, or renew the driver license of that person unless that requirement is coded on the person's driver license.
(b) (i) If the division receives a notice that a person with a valid driver license that does not require a driver license withdrawal is required to use an ignition interlock system, the division shall notify the person that he has ten calendar days to apply to the division for an ignition interlock system requirement coded on the license.
(ii) The division shall suspend the driver license of the person after the ten-day period until the person applies to the division for an ignition interlock system requirement coded on the license.
(6) (a) Any probationer required to install an ignition interlock system shall have the system monitored by the manufacturer or dealer of the system for proper use and accuracy at least semiannually and more frequently as the court may order.
(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the court or the person's probation provider.
(ii) The report shall be issued within 14 days following each monitoring.
(7) (a) If an ignition interlock system is ordered installed, the probationer shall pay the reasonable costs of leasing or buying and installing and maintaining the system.
(b) A probationer may not be excluded from this section for inability to pay the costs, unless:
(i) the probationer files an affidavit of impecuniosity; and
(ii) the court enters a finding that the probationer is impecunious.
(c) In lieu of waiver of the entire amount of the cost, the court may direct the probationer to make partial or installment payments of costs when appropriate.
(d) The ignition interlock provider shall cover the costs of waivers by the court under this Subsection (7).
(8) (a) If a probationer is required in the course and scope of employment to operate a motor vehicle owned by the probationer's employer, the probationer may operate that motor vehicle in the course and scope of employment without installation of an ignition interlock system only if the employer has been notified that the employee is restricted and the employee has proof of the notification in his possession while operating the employer's motor vehicle.
(b) (i) To the extent that an employer-owned motor vehicle is made available to a probationer subject to this section for personal use, no exemption under this section shall apply.
(ii) A probationer intending to operate an employer-owned motor vehicle for personal use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock system shall notify the employer and obtain consent in writing from the employer to install a system in the employer-owned motor vehicle.
(c) A motor vehicle owned by a business entity that is all or partly owned or controlled by a probationer subject to this section is not a motor vehicle owned by the employer and does not qualify for an exemption under this Subsection (8).
(9) Upon conviction for violation of this section, the court shall notify the Driver License Division to immediately suspend the probationer's license to operate a motor vehicle for the remainder of the period of probation.
(10) (a) It is a class B misdemeanor for a person to:
(i) circumvent or tamper with the operation of an ignition interlock system;
(ii) knowingly furnish a motor vehicle without an ignition interlock system to someone who is not authorized to drive a motor vehicle unless the motor vehicle is equipped with an ignition interlock system that is in working order;
(iii) rent, lease, or borrow a motor vehicle without an ignition interlock system if a driving restriction is imposed under this section;
(iv) request another person to blow into an ignition interlock system, if the person is required to have a system and the person requests or solicits another to blow into the system to start the motor vehicle in order to circumvent the system;
(v) blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to another person required to have a system;
(vi) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the system has been certified by the commissioner and the manufacturer of the system has affixed a warning label, as approved by the commissioner on the system, stating that the tampering, circumventing, or other misuse of the system is a class B misdemeanor; or
(vii) operate a motor vehicle in violation of any ignition interlock restriction.
(b) This Subsection (10) does not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock system is done for the purpose of safety or mechanical repair of the system or the motor vehicle and the person subject to the court order does not drive the motor vehicle.
(11) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the commissioner shall make rules setting standards for the certification of ignition interlock systems.
(b) The standards shall require that the system:
(i) not impede the safe operation of the motor vehicle;
(ii) have features that make circumventing difficult and that do not interfere with the normal use of the motor vehicle;
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
(iv) prevent the motor vehicle from being started if the driver's breath alcohol concentration exceeds an ordered level;
(v) work accurately and reliably in an unsupervised environment;
(vi) resist tampering and give evidence if tampering is attempted;
(vii) operate reliably over the range of motor vehicle environments; and
(viii) be manufactured by a party who will provide liability insurance.
(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or independent laboratory tests relied upon in certification of ignition interlock systems by other states.
(d) A list of certified systems shall be published by the commissioner and the cost of certification shall be borne by the manufacturers or dealers of ignition interlock systems seeking to sell, offer for sale, or lease the systems.
(e) In accordance with Section 63-38-3.2 , the commissioner may establish an annual dollar assessment against the manufacturers of ignition interlock systems distributed in the state for the costs incurred in certifying. The assessment shall be apportioned among the manufacturers on a fair and reasonable basis.
(12) There shall be no liability on the part of, and no cause of action of
any nature shall arise against, the state or its employees in connection with
the installation, use, operation, maintenance, or supervision of an interlock
ignition system as required under this section.
2001
41-6-44.8 Municipal attorneys for specified offenses may prosecute for certain DUI offenses and driving while license is suspended or revoked.
The following class A misdemeanors may be prosecuted by attorneys of cities and towns, as well as by prosecutors authorized elsewhere in this code to prosecute these alleged violations:
(1) alleged class A misdemeanor violations of Section 41-6-44 ; and
(2) alleged violations of Section 53-3-227 , which
consist of the person operating a vehicle while the person's driving privilege
is suspended or revoked for a violation of Section 41-6-44 , a local ordinance which complies with the requirements of Section
41-6-43 , Section 41-6-44.10 , Section 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 those
sections or ordinances.
1996
41-6-44.10 Implied consent to chemical tests for alcohol or drug - Number of tests - Refusal - Warning, report - Hearing, revocation of license - Appeal - Person incapable of refusal - Results of test available - Who may give test - Evidence.
(1) (a) A person operating a motor vehicle in this state is considered to have given his consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining whether he was operating or in actual physical control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , while under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44 , or while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6-44.6 , if the test is or tests are administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , or while under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44 , or while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6-44.6 .
(b) (i) The peace officer determines which of the tests are administered and how many of them are administered.
(ii) If an officer requests more than one test, refusal by a person to take one or more requested tests, even though he does submit to any other requested test or tests, is a refusal under this section.
(c) (i) A person who has been requested under this section to submit to a chemical test or tests of his breath, blood, or urine, may not select the test or tests to be administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the requested test or tests.
(2) (a) If the person has been placed under arrest, has then been requested by a peace officer to submit to any one or more of the chemical tests under Subsection (1), and refuses to submit to any chemical test requested, the person shall be warned by the peace officer requesting the test or tests that a refusal to submit to the test or tests can result in revocation of the person's license to operate a motor vehicle.
(b) Following the warning under Subsection (2)(a), if the person does not immediately request that the chemical test or tests as offered by a peace officer be administered a peace officer shall serve on the person, on behalf of the Driver License Division, immediate notice of the Driver License Division's intention to revoke the person's privilege or license to operate a motor vehicle. When the officer serves the immediate notice on behalf of the Driver License Division, he shall:
(i) take the Utah license certificate or permit, if any, of the operator;
(ii) issue a temporary license effective for only 29 days; and
(iii) supply to the operator, on a form approved by the Driver License Division, basic information regarding how to obtain a hearing before the Driver License Division.
(c) A citation issued by a peace officer may, if approved as to form by the Driver License Division, serve also as the temporary license.
(d) As a matter of procedure, the peace officer shall submit a signed report, within ten calendar days after the date of the arrest, that he had grounds to believe the arrested person had been operating or was in actual physical control of a motor vehicle while having a blood or breath alcohol content statutorily prohibited under Section 41-6-44 , 53-3-231 , or 53-3-232 , or while under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6-44 , or while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6-44.6 , and that the person had refused to submit to a chemical test or tests under Subsection (1).
(e) (i) A person who has been notified of the Driver License Division's intention to revoke his license under this section is entitled to a hearing.
(ii) A request for the hearing shall be made in writing within ten calendar days after the date of the arrest.
(iii) Upon written request, the division shall grant to the person an opportunity to be heard within 29 days after the date of arrest.
(iv) If the person does not make a timely written request for a hearing before the division, his privilege to operate a motor vehicle in the state is revoked beginning on the 30th day after the date of arrest for a period of:
(A) 18 months unless Subsection (2)(e)(iv)(B) applies; or
(B) 24 months if the person has had a previous license sanction after July 1, 1993, under this section, Section 41-6-44.6 , 53-3-223 , 53-3-231 , 53-3-232 , or a conviction after July 1, 1993, under Section 41-6-44 .
(f) If a hearing is requested by the person, the hearing shall be conducted by the Driver License Division in the county in which the offense occurred, unless the division and the person both agree that the hearing may be held in some other county.
(g) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe that a person was operating a motor vehicle in violation of Section 41-6-44 , 41-6-44.6 , or 53-3-231 ; and
(ii) whether the person refused to submit to the test.
(h) (i) In connection with the hearing, the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; and
(B) shall issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 78-46-28 .
(i) If after a hearing, the Driver License Division determines that the person was requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the person fails to appear before the Driver License Division as required in the notice, the Driver License Division shall revoke his license or permit to operate a motor vehicle in Utah beginning on the date the hearing is held for a period of:
(i) (A) 18 months unless Subsection (2)(i)(i)(B) applies; or
(B) 24 months if the person has had a previous license sanction after July 1, 1993, under this section, Section 41-6-44.6 , 53-3-223 , 53-3-231 , 53-3-232 , or a conviction after July 1, 1993, under Section 41-6-44 .
(ii) The Driver License Division shall also assess against the person, in addition to any fee imposed under Subsection 53-3-205 (13), a fee under Section 53-3-105 , which shall be paid before the person's driving privilege is reinstated, to cover administrative costs.
(iii) The fee shall be cancelled if the person obtains an unappealed court decision following a proceeding allowed under this Subsection (2) that the revocation was improper.
(j) (i) Any person whose license has been revoked by the Driver License Division under this section may seek judicial review.
(ii) Judicial review of an informal adjudicative proceeding is a trial. Venue is in the district court in the county in which the offense occurred.
(3) Any person who is dead, unconscious, or in any other condition rendering him incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent provided for in Subsection (1), and the test or tests may be administered whether the person has been arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall be made available to him.
(5) (a) Only a physician, registered nurse, practical nurse, or person authorized under Section 26-1-30 , acting at the request of a peace officer, may withdraw blood to determine the alcoholic or drug content. This limitation does not apply to taking a urine or breath specimen.
(b) Any physician, registered nurse, practical nurse, or person authorized under Section 26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical facility at which the sample is drawn, is immune from any civil or criminal liability arising from drawing the sample, if the test is administered according to standard medical practice.
(6) (a) The person to be tested may, at his own expense, have a physician of his own choice administer a chemical test in addition to the test or tests administered at the direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of the results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the direction of a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, the person to be tested does not have the right to consult an attorney or have an attorney, physician, or other person present as a condition for the taking of any test.
(8) If a person under arrest refuses to submit to a chemical test or tests or
any additional test under this section, evidence of any refusal is admissible in
any civil or criminal action or proceeding arising out of acts alleged to have
been committed while the person was operating or in actual physical control of a
motor vehicle while under the influence of alcohol, any drug, combination of
alcohol and any drug, or while having any measurable controlled substance or
metabolite of a controlled substance in the person's body.
2002
41-6-44.12 Reporting test results - Immunity from liability.
(1) As used in this section, "health care provider" means a person licensed under Title 58, Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) A health care provider who is providing medical care to any person involved in a motor vehicle crash may notify, as soon as reasonably possible, the nearest peace officer or law enforcement agency if the health care provider has reason to believe, as a result of any test performed in the course of medical treatment, that the:
(a) person's blood alcohol concentration meets or exceeds the limit under Subsection 41-6-44 (2)(a)(i) or (iii);
(b) person is younger than 21 years of age and has any measurable blood, breath, or urine alcohol concentration in the person's body; or
(c) person has any measurable controlled substance or metabolite of a controlled substance in the person's body which could be a violation of Subsection 41-6-44 (2)(a)(ii) or Section 41-6-44.6 .
(3) The report under Subsection (2) shall consist of the:
(a) name of the person being treated;
(b) date and time of the administration of the test; and
(c) results disclosed by the test.
(4) A health care provider participating in good faith in making a report or assisting an investigator from a law enforcement agency pursuant to this section is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.
(5) A report under Subsection (2) may not be used to support a finding of
probable cause that a person who is not a driver of a vehicle has committed an
offense.
2002
41-6-44.20 Drinking alcoholic beverage and open containers in motor vehicle prohibited - Definitions - Exceptions.
(1) A person may not drink any alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway.
(2) A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport in the passenger compartment of a motor vehicle, when the vehicle is on any highway, any container which contains any alcoholic beverage if the container has been opened, its seal broken, or the contents of the container partially consumed.
(3) In this section:
(a) "Alcoholic beverage" has the meaning given in Section 32A-1-105 .
(b) "Chartered bus" has the meaning given in Section 32A-1-105 .
(c) "Limousine" has the meaning given in Section 32A-1-105 .
(d) "Passenger compartment" means the area of the vehicle normally occupied by the operator and passengers and includes areas accessible to them while traveling, such as a utility or glove compartment, but does not include a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle.
(4) Subsections (1) and (2) do not apply to passengers in the living quarters of a motor home or camper.
(5) Subsection (2) does not apply to passengers traveling in any licensed taxicab or bus.
(6) Subsections (1) and (2) do not apply to passengers who have carried their own alcoholic beverage onto a limousine or chartered bus that is in compliance with Subsections 32A-12-213 (1)(b) and (c).
(7) Subsections (1) and (2) do not apply to a passenger in a motorboat on the
waters of this state as these terms are defined in Section 73-18-2 .
2002
41-6-44.30 Seizure and impoundment of vehicles by peace officers - Impound requirements - Removal of vehicle by owner.
(1) If a peace officer arrests or cites the operator of a vehicle for violating Section 41-6-44 , 41-6-44.6 , or 41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with Subsection 41-6-43 (1), the peace officer shall seize and impound the vehicle in accordance with Section 41-6-102.5 , except as provided under Subsection (2).
(2) If a registered owner of the vehicle, other than the operator, is present at the time of arrest, the peace officer may release the vehicle to that registered owner, but only if:
(a) the registered owner:
(i) requests to remove the vehicle from the scene; and
(ii) presents to the peace officer sufficient identification to prove ownership of the vehicle or motorboat;
(b) the registered owner identifies a driver with a valid operator's license who:
(i) complies with all restrictions of his operator's license; and
(ii) would not, in the judgment of the officer, be in violation of Section 41-6-44 , 41-6-44.6 , or 41-6-44.10 , or a local ordinance similar to Section 41-6-44 which complies with Subsection 41-6-43 (1), if permitted to operate the vehicle; and
(c) the vehicle itself is legally operable.
(3) If necessary for transportation of a motorboat for impoundment under this
section, the motorboat's trailer may be used to transport the motorboat.
2002
41-6-45 Reckless driving - Penalty.
(1) A person is guilty of reckless driving who operates a vehicle:
(a) in willful or wanton disregard for the safety of persons or property; or
(b) while committing three or more moving traffic violations under Title 41, Chapter 6, Traffic Rules and Regulations, in a series of acts within a single continuous period of driving.
(2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
2000
