Enrolled Copy H.B. 62
1 DRIVING UNDER THE INFLUENCE MODI FICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: Keith Grover
6
7LONG TITLE
8General Description:
9 This bill amends provisions related to an ignition interlock system and driving under
10the influence.
11Highlighted Provisions:
12 This bill:
13 <prohibits the Driver License Division from suspending a driver license unless the
14person fails to complete certain requirements as an ignition interlock restricted
15driver;
16 <amends offenses eligible for the 24-7 sobriety program;
17 <prohibits a court from ordering an ignition interlock system from a specific
18provider;
19 <imposes certain monitoring requirements for an ignition interlock system;
20 <amends administrative rule requirements regarding ignition interlock system
21providers;
22 <provides procedures for a person to petition to remove an ignition interlock
23restriction due to a medical condition;
24 <amends the revocation period for a refusal to submit to a chemical test under certain
25circumstances;
26 <provides in some circumstances that a person may elect to become an ignition
27interlock restricted driver after:
28 Ca refusal of a chemical test; or H.B. 62
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29 Ca criminal conviction based on a refusal to submit to a chemical test;
30 <provides in some circumstances that a license revocation period may be shortened
31based on participation in a 24-7 sobriety program;
32 <amends individuals who are eligible for the 24-7 sobriety program;
33 <removes the requirement for a person to complete a risk assessment in connection
34with certain ignition interlock requirements;
35 <amends provisions relating to ignition interlock system providers; and
36 <makes technical and conforming changes.
37Money Appropriated in this Bill:
38 None
39Other Special Clauses:
40 None
41Utah Code Sections Affected:
42AMENDS:
43 41-6a-509, as last amended by Laws of Utah 2022, Chapter 116
44 41-6a-518, as last amended by Laws of Utah 2022, Chapter 272
45 41-6a-518.2, as last amended by Laws of Utah 2022, Chapter 116
46 41-6a-521, as last amended by Laws of Utah 2019, Chapter 77
47 41-6a-521.1, as enacted by Laws of Utah 2020, Chapter 177
48 53-3-223, as last amended by Laws of Utah 2022, Chapter 116
49 53-3-1007, as last amended by Laws of Utah 2016, Chapter 149
50
51Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 41-6a-509 is amended to read:
53 41-6a-509. Driver license suspension or revocation for a driving under the
54influence violation.
55 (1) (a) The Driver License Division shall, if the person is 21 years old or older at the Enrolled Copy H.B. 62
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56time of arrest:
57 [(a)] (i) suspend for a period of 120 days the operator's license of a person convicted
58for the first time under Section 41-6a-502 or 76-5-102.1; or
59 [(b)] (ii) revoke for a period of two years the license of a person if:
60 [(i)] (A) the person has a prior conviction as defined under Subsection 41-6a-501(2);
61and
62 [(ii)] (B) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
63committed within a period of 10 years from the date of the prior violation.
64 (b) (i) If a person elects to become an interlock restricted driver under Subsection
6553-3-223(10)(a), the Driver License Division may not suspend the operator's license for a
66violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
67complete 120 days of the interlock restriction.
68 (ii) If a person elects to become an interlock restricted driver under Subsection
6953-3-223(10)(a), and the person fails to complete the full 120 days of interlock restriction, the
70Driver License Division:
71 (A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a period
72of 120 days from the date the ignition interlock system was removed from the vehicle; and
73 (B) may not reduce the 120-day suspension for any days the person was compliant with
74the interlock restriction under Subsection 53-3-223(10)(a).
75 (c) (i) If a person elects to become an interlock restricted driver under Subsection
7641-6a-521(7), the Driver License Division may not suspend the operator's license for a
77violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
78complete three years of the interlock restriction under Subsection 41-6a-521(7).
79 (ii) If a person elects to become an interlock restricted driver under Subsection
8041-6a-521(7), and the person fails to complete the full three years of interlock restriction, the
81Driver License Division:
82 (A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a period H.B. 62
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83of 120 days from the date the ignition interlock system was removed from the vehicle; and
84 (B) may not reduce the 120-day suspension for any days the person was compliant with
85the interlock restriction under Subsection 41-6a-521(7).
86 (2) The Driver License Division shall, if the person is 19 years old or older but under
8721 years old at the time of arrest:
88 (a) suspend the person's driver license until the person is 21 years old or for a period of
89one year, whichever is longer, if the person is convicted for the first time of a violation under
90Section 41-6a-502, 76-5-102.1, or 76-5-207 of an offense that was committed on or after July
911, 2011;
92 (b) deny the person's application for a license or learner's permit until the person is 21
93years old or for a period of one year, whichever is longer, if the person:
94 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
9576-5-207 of an offense committed on or after July 1, 2011; and
96 (ii) has not been issued an operator license;
97 (c) revoke the person's driver license until the person is 21 years old or for a period of
98two years, whichever is longer, if:
99 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
100 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
101committed within a period of 10 years from the date of the prior violation; or
102 (d) deny the person's application for a license or learner's permit until the person is 21
103years old or for a period of two years, whichever is longer, if:
104 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
105 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
106committed within a period of 10 years from the date of the prior violation; and
107 (iii) the person has not been issued an operator license.
108 (3) The Driver License Division shall, if the person is under 19 years old at the time of
109arrest: Enrolled Copy H.B. 62
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110 (a) suspend the person's driver license until the person is 21 years old if the person is
111convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or 76-5-207;
112 (b) deny the person's application for a license or learner's permit until the person is 21
113years old if the person:
114 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
11576-5-207; and
116 (ii) has not been issued an operator license;
117 (c) revoke the person's driver license until the person is 21 years old if:
118 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
119 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
120committed within a period of 10 years from the date of the prior violation; or
121 (d) deny the person's application for a license or learner's permit until the person is 21
122years old if:
123 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
124 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
125committed within a period of 10 years from the date of the prior violation; and
126 (iii) the person has not been issued an operator license.
127 (4) The Driver License Division shall suspend or revoke the license of a person as
128ordered by the court under Subsection (9).
129 (5) The Driver License Division shall subtract from any suspension or revocation
130period the number of days for which a license was previously suspended under Section
13153-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
132which the record of conviction is based.
133 (6) If a conviction recorded as impaired driving is amended to a driving under the
134influence conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207 in accordance with
135Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
136 (a) may not subtract from any suspension or revocation any time for which a license H.B. 62
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137was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
138 (b) shall start the suspension or revocation time under Subsection (1) on the date of the
139amended conviction.
140 (7) A court that reported a conviction of a violation of Section 41-6a-502, 76-5-102.1,
141or 76-5-207 for a violation that occurred on or after July 1, 2009, to the Driver License
142Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or
143Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
144 (a) completes at least six months of the license suspension;
145 (b) completes a screening;
146 (c) completes an assessment, if it is found appropriate by a screening under Subsection
147(7)(b);
148 (d) completes substance abuse treatment if it is found appropriate by the assessment
149under Subsection (7)(c);
150 (e) completes an educational series if substance abuse treatment is not required by an
151assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
152 (f) has not been convicted of a violation of any motor vehicle law in which the person
153was involved as the operator of the vehicle during the suspension period imposed under
154Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
155 (g) has complied with all the terms of the person's probation or all orders of the court if
156not ordered to probation; and
157 (h) (i) is 18 years old or older and provides a sworn statement to the court that the
158person has not unlawfully consumed alcohol during the suspension period imposed under
159Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
160 (ii) is under 18 years old and has the person's parent or legal guardian provide an
161affidavit or sworn statement to the court certifying that to the parent or legal guardian's
162knowledge the person has not unlawfully consumed alcohol during the suspension period
163imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b). Enrolled Copy H.B. 62
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164 (8) If the court shortens a person's license suspension period in accordance with the
165requirements of Subsection (7), the court shall forward the order shortening the person's
166suspension period to the Driver License Division in a manner specified by the division prior to
167the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection
168(3)(a) or (b).
169 (9) (a) (i) In addition to any other penalties provided in this section, a court may order
170the operator's license of a person who is convicted of a violation of Section 41-6a-502,
17176-5-102.1, or 76-5-207 to be suspended or revoked for an additional period of 90 days, 120
172days, 180 days, one year, or two years to remove from the highways those persons who have
173shown they are safety hazards.
174 (ii) The additional suspension or revocation period provided in this Subsection (9) shall
175begin the date on which the individual would be eligible to reinstate the individual's driving
176privilege for a violation of Section 41-6a-502, 76-5-102.1, or 76-5-207.
177 (b) If the court suspends or revokes the person's license under this Subsection (9), the
178court shall prepare and send to the Driver License Division an order to suspend or revoke that
179person's driving privileges for a specified period of time.
180 (10) (a) The court shall notify the Driver License Division if a person fails to complete
181all court ordered:
182 (i) screenings;
183 (ii) assessments;
184 (iii) educational series;
185 (iv) substance abuse treatment; and
186 (v) hours of work in a compensatory-service work program.
187 (b) Subject to Subsection 53-3-218(3), upon receiving the notification described in
188Subsection (10)(a), the division shall suspend the person's driving privilege in accordance with
189Subsection 53-3-221(2).
190 (11) (a) A court that reported a conviction of a violation of Section 41-6a-502[, H.B. 62
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19176-5-102.1, or 76-5-207] to the Driver License Division may shorten the suspension or
192revocation period imposed under Subsection (1) before completion of the suspension or
193revocation period if the person is participating in or has successfully completed a 24-7 sobriety
194program as defined in Section 41-6a-515.5.
195 (b) If the court shortens a person's license suspension or revocation period in
196accordance with the requirements of this Subsection (11), the court shall forward the order
197shortening the person's suspension or revocation period to the Driver License Division in a
198manner specified by the division.
199 (c) The court shall notify the Driver License Division, in a manner specified by the
200Driver License Division, if a person fails to complete all requirements of a 24-7 sobriety
201program.
202 (d) (i) (A) Upon receiving the notification described in Subsection (11)(c), for a first
203offense, the division shall suspend the person's driving privilege for a period of 120 days from
204the date of notice.
205 (B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
206subtracted from the 120-day suspension period for which a driving privilege was previously
207suspended under this section or Section 53-3-223, if the previous suspension was based on the
208same occurrence upon which the conviction under Section 41-6a-502[, 76-5-102.1, or
20976-5-207] is based.
210 (ii) (A) Upon receiving the notification described in Subsection (11)(c), for a second or
211subsequent offense, the division shall revoke the person's driving privilege for a period of two
212years from the date of notice.
213 (B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be
214subtracted from the two-year revocation period for which a driving privilege was previously
215revoked under this section or Section 53-3-223, if the previous revocation was based on the
216same occurrence upon which the conviction under Section 41-6a-502[, 76-5-102.1, or
21776-5-207] is based. Enrolled Copy H.B. 62
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218 Section 2. Section 41-6a-518 is amended to read:
219 41-6a-518. Ignition interlock devices -- Use and monitoring -- Probationer to pay
220cost -- Indigency -- Fee.
221 (1) As used in this section:
222 (a) "Commissioner" means the commissioner of the Department of Public Safety.
223 (b) "Employer verification" means written verification from the employer that:
224 (i) the employer is aware that the employee is an interlock restricted driver;
225 (ii) the vehicle the employee is operating for employment purposes is not made
226available to the employee for personal use;
227 (iii) the business entity that employs the employee is not entirely or partly owned or
228controlled by the employee;
229 (iv) the employer's auto insurance company is aware that the employee is an interlock
230restricted driver; and
231 (v) the employee has been added to the employer's auto insurance policy as an operator
232of the vehicle.
233 (c) "Ignition interlock system" or "system" means a constant monitoring device or any
234similar device certified by the commissioner that prevents a motor vehicle from being started
235or continuously operated without first determining the driver's breath alcohol concentration.
236 (d) "Probation provider" means the supervisor and monitor of the ignition interlock
237system required as a condition of probation who contracts with the court in accordance with
238Subsections 41-6a-507(2) and (3).
239 (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
24041-6a-505, and in addition to any requirements imposed as a condition of probation, unless the
241court determines and states on the record that an ignition interlock system is not necessary for
242the safety of the community and in the best interest of justice, the court shall require that any
243person who is convicted of violating Section 41-6a-502 and who is granted probation may not
244operate a motor vehicle during the period of probation unless that motor vehicle is equipped H.B. 62
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245with a functioning, certified ignition interlock system installed and calibrated so that the motor
246vehicle will not start or continuously operate if the operator's blood alcohol concentration
247exceeds .02 grams or greater.
248 (b) If a person convicted of violating Section 41-6a-502 was [under the age of 21]
249younger than 21 years old when the violation occurred, the court shall order the installation of
250the ignition interlock system as a condition of probation.
251 (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
252prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
253the interlock ignition system, at the person's expense, for all motor vehicles registered to that
254person and all motor vehicles operated by that person.
255 (ii) A person who operates a motor vehicle without an ignition interlock device as
256required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
257 (d) The division shall post the ignition interlock restriction on the electronic record
258available to law enforcement.
259 (e) This section does not apply to a person convicted of a violation of Section
26041-6a-502 whose violation does not involve alcohol.
261 (3) (a) If the court imposes the use of an ignition interlock system as a condition of
262probation, the court shall:
263 [(a)] (i) stipulate on the record the requirement for and the period of the use of an
264ignition interlock system;
265 [(b)] (ii) order that an ignition interlock system be installed on each motor vehicle
266owned or operated by the probationer, at the probationer's expense;
267 [(c)] (iii) immediately notify the Driver License Division and the person's probation
268provider of the order; [and]
269 [(d)] (iv) require the probationer to provide proof of compliance with the court's order
270to the probation provider within 30 days of the order[.]; and
271 (v) order the probationer to have the ignition interlock system installed and regularly Enrolled Copy H.B. 62
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272monitored by an ignition interlock system provider licensed under Title 53, Chapter 3, Part 10,
273Ignition Interlock System Program Act.
274 (b) A court may not order a probationer to use a specific ignition interlock system
275provider.
276 (4) (a) The probationer shall provide timely proof of installation within 30 days of an
277order imposing the use of a system or show cause why the order was not complied with to the
278court or to the probationer's probation provider.
279 (b) The probation provider shall notify the court of failure to comply under Subsection
280(4)(a).
281 (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
282under Subsection (4)(b), the court shall order the Driver License Division to suspend the
283probationer's driving privileges for the remaining period during which the compliance was
284imposed.
285 (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
286to excuse the probationer's failure to comply with the court's order.
287 (5) (a) Any probationer required to install an ignition interlock system shall, every 60
288days or more frequently as the court may order, have the system monitored by the manufacturer
289or dealer of the system or the manufacturer's or dealer's authorized agent:
290 (i) [for] to determine the ignition interlock system's proper use and accuracy [at least
291semiannually and more frequently as the court may order.]; and
292 (ii) to collect information on all attempts to start the motor vehicle with a measurable
293breath alcohol concentration that were prevented by the ignition interlock system, including the
294date and time of each attempt.
295 (b) (i) A report of the monitoring described in Subsection (5)(a) shall be issued by the
296manufacturer or dealer or the manufacturer's or dealer's authorized agent to the court or the
297person's probation provider.
298 (ii) The report shall be issued within 14 days following each monitoring. H.B. 62
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299 (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
300reasonable costs of leasing or buying and installing [and], maintaining, and monitoring the
301system.
302 (b) A probationer may not be excluded from this section for inability to pay the costs,
303unless:
304 (i) the probationer files an affidavit of indigency in accordance with Section
30578A-2-302; and
306 (ii) the court enters a finding that the probationer is indigent.
307 (c) In lieu of waiver of the entire amount of the cost, the court may direct the
308probationer to make partial or installment payments of costs when appropriate.
309 (d) The ignition interlock provider shall cover the costs of waivers by the court under
310this Subsection (6).
311 (7) (a) If a probationer is required in the course and scope of employment to operate a
312motor vehicle owned by the probationer's employer, the probationer may operate that motor
313vehicle without installation of an ignition interlock system only if:
314 (i) the motor vehicle is used in the course and scope of employment;
315 (ii) the employer has been notified that the employee is restricted; and
316 (iii) the employee has employer verification in the employee's possession while
317operating the employer's motor vehicle.
318 (b) (i) To the extent that an employer-owned motor vehicle is made available to a
319probationer subject to this section for personal use, no exemption under this section shall apply.
320 (ii) A probationer intending to operate an employer-owned motor vehicle for personal
321use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
322system shall notify the employer and obtain consent in writing from the employer to install a
323system in the employer-owned motor vehicle.
324 (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
325by a probationer subject to this section is not a motor vehicle owned by the employer and does Enrolled Copy H.B. 62
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326not qualify for an exemption under this Subsection (7).
327 (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
328the commissioner shall make rules setting standards for the certification of ignition interlock
329systems.
330 (b) The standards under Subsection (8)(a) shall require that the system:
331 (i) not impede the safe operation of the motor vehicle;
332 (ii) have features that make circumventing difficult and that do not interfere with the
333normal use of the motor vehicle;
334 (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
335 (iv) prevent the motor vehicle from being started if the driver's breath alcohol
336concentration exceeds .02 grams or greater;
337 (v) work accurately and reliably in an unsupervised environment;
338 (vi) resist tampering and give evidence if tampering is attempted;
339 (vii) operate reliably over the range of motor vehicle environments;
340 (viii) collect information on all attempts to start a motor vehicle that were prevented by
341an ignition interlock system, including the date and time of each attempt; and
342 [(viii)] (ix) be manufactured by a party who will provide liability insurance.
343 (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
344independent laboratory tests relied upon in certification of ignition interlock systems by other
345states.
346 (d) A list of certified systems shall be published by the commissioner and the cost of
347certification shall be borne by the manufacturers or dealers of ignition interlock systems
348seeking to sell, offer for sale, or lease the systems.
349 (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
350annual dollar assessment against the manufacturers of ignition interlock systems distributed in
351the state for the costs incurred in certifying.
352 (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the H.B. 62
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353manufacturers on a fair and reasonable basis.
354 (f) The commissioner shall require a provider of an ignition interlock system certified
355in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
356Ignition Interlock System Program Act.
357 (9) A violation of this section is a class C misdemeanor.
358 (10) There shall be no liability on the part of, and no cause of action of any nature shall
359arise against, the state or its employees in connection with the installation, use, operation,
360maintenance, or supervision of an interlock ignition system as required under this section.
361 Section 3. Section 41-6a-518.2 is amended to read:
362 41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
363interlock system -- Exemptions.
364 (1) As used in this section:
365 (a) "Ignition interlock system" means a constant monitoring device or any similar
366device that:
367 (i) is in working order at the time of operation or actual physical control; and
368 (ii) is certified by the Commissioner of Public Safety in accordance with Subsection
36941-6a-518(8).
370 (b) (i) "Interlock restricted driver" means a person who:
371 (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
372probation or parole not to operate a motor vehicle without an ignition interlock system;
373 (B) within the last 18 months has been convicted of a violation under Section
37441-6a-502, Subsection 41-6a-520(7), or Section 76-5-102.1;
375 (C) (I) within the last three years has been convicted of an offense which would be a
376conviction as defined under Section 41-6a-501; and
377 (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
378from the date that one or more prior offenses was committed if the prior offense resulted in a
379conviction as defined in Subsection 41-6a-501(2); Enrolled Copy H.B. 62
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380 (D) within the last three years has been convicted of a violation of this section;
381 (E) within the last three years has had the person's driving privilege revoked through an
382administrative action for refusal to submit to a chemical test under Section 41-6a-520;
383 (F) within the last three years has been convicted of a violation of Section 41-6a-502,
384Subsection 41-6a-520(7), or Section 76-5-102.1 and was under [the age of] 21 years old at the
385time the offense was committed;
386 (G) within the last six years has been convicted of a felony violation of Section
38741-6a-502, Subsection 41-6a-520(7), or Section 76-5-102.1 for an offense that occurred after
388May 1, 2006; or
389 (H) within the last 10 years has been convicted of a violation of Section 76-5-207 for
390an offense that occurred after May 1, 2006.
391 (ii) "Interlock restricted driver" does not include a person:
392 (A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
393Section 41-6a-502 that does not involve alcohol or a conviction under Section 41-6a-517 and
394whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under
395Section 41-6a-502 that did not involve alcohol or convictions under Section 41-6a-517;
396 (B) whose conviction described in Subsection (1)(b)(i)(B) or (F) is a conviction under
397Section 41-6a-502 that does not involve alcohol and the convicting court notifies the Driver
398License Division at the time of sentencing that the conviction does not involve alcohol; or
399 (C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) is a conviction
400under Section 41-6a-502 that does not involve alcohol and the ignition interlock restriction is
401removed as described in Subsection (7).
402 (2) The division shall post the ignition interlock restriction on a person's electronic
403record that is available to law enforcement.
404 (3) For purposes of this section, a plea of guilty or no contest to a violation of Section
40541-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
406prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently H.B. 62
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407reduced or dismissed in accordance with the plea in abeyance agreement.
408 (4) An interlock restricted driver who operates or is in actual physical control of a
409vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
410 (5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
411 (a) the interlock restricted driver operated or was in actual physical control of a vehicle
412owned by the interlock restricted driver's employer;
413 (b) the interlock restricted driver had given written notice to the employer of the
414interlock restricted driver's interlock restricted status prior to the operation or actual physical
415control under Subsection (5)(a);
416 (c) the interlock restricted driver had on the interlock restricted driver's person, or in
417the vehicle, at the time of operation or physical control employer verification, as defined in
418Subsection 41-6a-518(1); and
419 (d) the operation or actual physical control described in Subsection (5)(a) was in the
420scope of the interlock restricted driver's employment.
421 (6) The affirmative defense described in Subsection (5) does not apply to:
422 (a) an employer-owned motor vehicle that is made available to an interlock restricted
423driver for personal use; or
424 (b) a motor vehicle owned by a business entity that is entirely or partly owned or
425controlled by the interlock restricted driver.
426 (7) (a) An individual with an ignition interlock restriction may petition the division for
427removal of the restriction if the individual's offense did not involve alcohol.
428 (b) If the division is able to establish that an individual's offense did not involve
429alcohol, the division may remove the ignition interlock restriction.
430 (8) (a) (i) An individual with an ignition interlock restriction may petition the division
431for removal of the restriction if the individual has a medical condition that prohibits the
432individual from providing a deep lung breath sample.
433 (ii) In support of a petition under Subsection (8)(a)(i), the individual shall provide Enrolled Copy H.B. 62
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434documentation from a physician that describes the individual's medical condition and whether
435the individual's medical condition would prohibit the individual from being able to provide a
436deep breath lung sample.
437 (b) If the division is able to establish that an individual is unable to provide a deep
438breath lung sample as a result of a medical condition, the division may remove the ignition
439interlock restriction.
440 Section 4. Section 41-6a-521 is amended to read:
441 41-6a-521. Revocation hearing for refusal -- Appeal.
442 (1) (a) A person who has been notified of the Driver License Division's intention to
443revoke the person's license under Section 41-6a-520 is entitled to a hearing.
444 (b) A request for the hearing shall be made in writing within 10 calendar days after the
445day on which notice is provided.
446 (c) Upon request in a manner specified by the Driver License Division, the Driver
447License Division shall grant to the person an opportunity to be heard within 29 days after the
448date of arrest.
449 (d) If the person does not make a request for a hearing before the Driver License
450Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
451is revoked beginning on the 45th day after the date of arrest:
452 (i) for a person 21 years [of age] old or older on the date of arrest, for a period of:
453 (A) except as provided in Subsection (1)(d)(i)(B) or (9), 18 months[, unless Subsection
454(1)(d)(i)(B) applies]; or
455 (B) 36 months[, if the arrest was made on or after July 1, 2009, and the person has had
456a previous] if the person previously committed an offense that occurred within the preceding
45710 years from the date of the arrest that resulted in a:
458 (I) license sanction [for an offense that occurred within the previous 10 years from the
459date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; [or]
460 (II) conviction [for an offense that occurred within the previous 10 years from the date H.B. 62
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461of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
462constitute a violation of Section 41-6a-502;
463 (III) conviction for an offense under Section 76-5-102.1; or
464 (IV) conviction for an offense under Section 76-5-207; or
465 (ii) for a person under 21 years [of age] old on the date of arrest:
466 (A) except as provided in Subsection (1)(d)(ii)(B), until the person is 21 years [of age]
467old or for a period of two years, whichever is longer[, if the arrest was made on or after July 1,
4682011, unless Subsection (1)(d)(ii)(B) applies]; or
469 (B) until the person is 21 years [of age] old or for a period of 36 months, whichever is
470longer, [if the arrest was made on or after July 1, 2009, and the person has had a previous] if
471the person previously committed an offense that occurred within the preceding 10 years from
472the date of the arrest that resulted in a:
473 (I) license sanction [for an offense that occurred within the previous 10 years from the
474date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; or
475 (II) conviction for an offense [that occurred within the previous 10 years from the date
476of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
477constitute a violation of Section 41-6a-502; [or]
478 (III) conviction for an offense under Section 76-5-102.1; or
479 (IV) conviction for an offense under Section 76-5-207.
480 [(iii) for a person that was arrested prior to July 1, 2009, for the suspension periods in
481effect prior to July 1, 2009.]
482 (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
483the hearing shall be conducted by the Driver License Division in:
484 (i) the county in which the offense occurred; or
485 (ii) a county which is adjacent to the county in which the offense occurred.
486 (b) The Driver License Division may hold a hearing in some other county if the Driver
487License Division and the person both agree. Enrolled Copy H.B. 62
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488 (3) The hearing shall be documented and shall cover the issues of:
489 (a) whether a peace officer had reasonable grounds to believe that a person was
490operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, or
49153-3-231; and
492 (b) whether the person refused to submit to the test or tests under Section 41-6a-520.
493 (4) (a) In connection with the hearing, the division or its authorized agent:
494 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
495the production of relevant books and papers; and
496 (ii) shall issue subpoenas for the attendance of necessary peace officers.
497 (b) The Driver License Division shall pay witness fees and mileage from the
498Transportation Fund in accordance with the rates established in Section 78B-1-119.
499 (5) (a) If after a hearing, the Driver License Division determines that the person was
500requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
501person fails to appear before the Driver License Division as required in the notice, the Driver
502License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
503beginning on the date the hearing is held:
504 (i) for a person 21 years [of age] old or older on the date of arrest, for a period of:
505 (A) except as provided in Subsection (5)(a)(i)(B) or (9), 18 months [unless Subsection
506(5)(a)(i)(B) applies]; or
507 (B) 36 months[, if the arrest was made on or after July 1, 2009, and the person has had
508a previous] if the person previously committed an offense that occurred within the preceding
50910 years from the date of the arrest that resulted in a:
510 (I) license sanction [for an offense that occurred within the previous 10 years from the
511date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; [or]
512 (II) conviction [for an offense that occurred within the previous 10 years from the date
513of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
514constitute a violation of Section 41-6a-502; H.B. 62
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515 (III) conviction for an offense under Section 76-5-102.1; or
516 (IV) conviction for an offense under Section 76-5-207; or
517 (ii) for a person under 21 years of age on the date of arrest:
518 (A) except as provided in Subsection (5)(a)(ii)(B), until the person is 21 years [of age]
519old or for a period of two years, whichever is longer[, for an arrest that was made on or after
520July 1, 2011, and unless Subsection (5)(a)(ii)(B) applies]; or
521 (B) until the person is 21 years [of age] old or for a period of 36 months, whichever is
522longer, if [the arrest was made on or after July 1, 2009, and the person has had a previous] the
523person previously committed an offense that occurred within the preceding 10 years from the
524date of the arrest that resulted in a:
525 (I) license sanction [for an offense that occurred within the previous 10 years from the
526date of arrest] under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; [or]
527 (II) conviction [for an offense that occurred within the previous 10 years from the date
528of arrest] under Section 41-6a-502 or a statute previously in effect in this state that would
529constitute a violation of Section 41-6a-502; [or]
530 (III) conviction for an offense under Section 76-5-102.1; or
531 (IV) conviction for an offense under Section 76-5-207.
532 [(iii) for a person that was arrested prior to July 1, 2009, for the revocation periods in
533effect prior to July 1, 2009.]
534 (b) The Driver License Division shall also assess against the person, in addition to any
535fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid
536before the person's driving privilege is reinstated, to cover administrative costs.
537 (c) The fee shall be cancelled if the person obtains an unappealed court decision
538following a proceeding allowed under Subsection (2) that the revocation was improper.
539 (6) (a) Any person whose license has been revoked by the Driver License Division
540under this section following an administrative hearing may seek judicial review.
541 (b) Judicial review of an informal adjudicative proceeding is a trial. Enrolled Copy H.B. 62
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542 (c) Venue is in the district court in the county in which the offense occurred.
543 (7) If the Driver License Division revokes a person's driving privilege under
544Subsection (1)(d)(i)(A) or (5)(a)(i)(A), the person may petition the division and elect to become
545an ignition interlock restricted driver after the driver serves at least 90 days of the revocation if
546the person:
547 (a) has a valid driving privilege, with the exception of the revocation under Subsection
548(1)(d)(i)(A) or (5)(a)(i)(A);
549 (b) installs an ignition interlock device in any vehicle owned or driven by the person in
550accordance with Section 53-3-1007;
551 (c) pays the license reinstatement application fees described in Subsections
55253-3-105(26) and (27);
553 (d) pays the appropriate original license fees under Section 53-3-105; and
554 (e) completes the license application process including successful completion of
555required testing.
556 (8) (a) A person who elects to become an ignition interlock restricted driver under
557Subsection (7) shall remain an ignition interlock restricted driver for a period of three years.
558 (b) If the person described under Subsection (8)(a) removes an ignition interlock
559device from a vehicle owned or driven by the person prior to the expiration of the three-year
560ignition interlock restriction period and does not install a new ignition interlock device from
561the same or a different ignition interlock provider within 24 hours:
562 (i) the person's driving privilege shall be revoked under Subsection (1)(d)(i)(A) or
563(5)(a)(i)(A) for a period of 18 months from the date the ignition interlock device was removed
564from the vehicle;
565 (ii) no days may be subtracted from the 18-month revocation period under Subsection
566(8)(b)(i) for any days the person was in compliance with the interlock restriction under
567Subsection (7);
568 (iii) the person is required to pay the license reinstatement application fee under H.B. 62
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569Subsection 53-3-105(26); and
570 (iv) the person may not elect to become an ignition interlock restricted driver under this
571section.
572 (9) (a) Notwithstanding the provisions in Subsection (1)(d)(i)(A) or (5)(a)(i)(A), the
573division shall reinstate a person's driving privilege before completion of the revocation period
574imposed under Subsection (1)(d)(i)(A) or (5)(a)(i)(A) if:
575 (i) the reporting court notifies the Driver License Division that the person is
576participating in or has successfully completed a 24-7 sobriety program as defined in Section
57741-6a-515.5;
578 (ii) the person has served at least 90 days of the revocation under Subsection
579(1)(d)(i)(A) or (5)(a)(i)(A); and
580 (iii) the person has a valid driving privilege, with the exception of the revocation under
581Subsection (1)(d)(i)(A) or (5)(a)(i)(A).
582 (b) If a person's driving privilege is reinstated under Subsection (9)(a), the person is
583required to:
584 (i) install an ignition interlock device in any vehicle owned or driven by the person in
585accordance with Section 53-3-1007;
586 (ii) pay the license reinstatement application fees described in Subsections
58753-3-105(26) and (27);
588 (iii) pay the appropriate original license fees under Section 53-3-105; and
589 (iv) complete the license application process including successful completion of
590required testing.
591 (c) If the reporting court notifies the Driver License Division that a person has failed to
592complete all requirements of the 24-7 sobriety program, the division:
593 (i) shall revoke the person's driving privilege under Subsection (1)(d)(i)(A) or
594(5)(a)(i)(A) for a period of 18 months from the date of the notice; and
595 (ii) may not subtract any days from the 18-month revocation period for: Enrolled Copy H.B. 62
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596 (A) days during which the person's driving privilege previously was revoked; or
597 (B) days during which the person was compliant with the 24-7 sobriety program.
598 Section 5. Section 41-6a-521.1 is amended to read:
599 41-6a-521.1. Driver license denial or revocation for a criminal conviction for a
600refusal to submit to a chemical test violation.
601 (1) [The] Except as provided in Subsection (7) or (8), the Driver License Division
602shall, if the person is 21 years [of age] old or older at the time of arrest:
603 (a) revoke for a period of 18 months the operator's license of a person convicted for the
604first time under Subsection 41-6a-520(7); or
605 (b) revoke for a period of 36 months the license of a person if:
606 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
607 (ii) the current refusal to submit to a chemical test violation under Subsection
60841-6a-520(7) is committed within a period of 10 years from the date of the prior violation.
609 (2) The Driver License Division shall, if the person is under 21 years of age at the time
610of arrest:
611 (a) revoke the person's driver license until the person is 21 years of age or for a period
612of two years, whichever is longer; [or]
613 (b) revoke the person's driver license until the person is 21 years of age or for a period
614of 36 months, whichever is longer, if:
615 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
616 (ii) the current refusal to submit to a chemical test violation under Subsection
61741-6a-520(7) is committed within a period of 10 years from the date of the prior violation; or
618 (c) if the person has not been issued an operator license:
619 (i) deny the person's application for a license or learner's permit until the person is 21
620years of age or for a period of two years, whichever is longer; or
621 (ii) deny the person's application for a license or learner's permit until the person is 21
622years of age or for a period of 36 months, whichever is longer, if: H.B. 62
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623 (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
624 (B) the current refusal to submit to a chemical test violation under Subsection
62541-6a-520(7) is committed within a period of 10 years from the date of the prior violation.
626 (3) The Driver License Division shall suspend or revoke the license of a person as
627ordered by the court under Subsection (5).
628 (4) The Driver License Division shall subtract from any revocation period the number
629of days for which a license was previously revoked under Section [53-3-221] 41-6a-521 if the
630previous revocation was based on the same occurrence upon which the record of conviction
631under Subsection 41-6a-520(7) is based.
632 (5) (a) (i) In addition to any other penalties provided in this section, a court may order
633the driver license of a person who is convicted of a violation of Subsection 41-6a-520(7) to be
634revoked for an additional period of 90 days, 120 days, 180 days, one year, or two years to
635remove from the highways those persons who have shown they are safety hazards.
636 (ii) The additional revocation period provided in this Subsection (5) shall begin the
637date on which the individual would be eligible to reinstate the individual's driving privilege for
638a violation of Subsection 41-6a-520(7).
639 (b) If the court suspends or revokes the person's license under this Subsection (5), the
640court shall prepare and send to the Driver License Division an order to suspend or revoke that
641person's driving privileges for a specified period of time.
642 (6) (a) The court shall notify the Driver License Division if a person fails to:
643 (i) complete all court ordered:
644 (A) screening;
645 (B) assessment;
646 (C) educational series;
647 (D) substance abuse treatment; and
648 (E) hours of work in a compensatory-service work program; or
649 (ii) pay all fines and fees, including fees for restitution and treatment costs. Enrolled Copy H.B. 62
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650 (b) Upon receiving the notification described in Subsection (6)(a), the Driver License
651Division shall suspend the person's driving privilege in accordance with Subsections
65253-3-221(2) and (3).
653 (7) (a) If a person elects to become an interlock restricted driver under Subsection
65441-6a-521(7), the Driver License Division may not revoke the operator's license as described in
655Subsection (1)(a) unless the person fails to complete three years of the interlock restriction
656under Subsection 41-6a-521(7).
657 (b) If a person elects to become an interlock restricted driver under Subsection
65841-6a-521(7) and the person fails to complete the full three years of interlock restriction, the
659Driver License Division:
660 (i) shall revoke the operator's license as described in Subsection (1)(a), effective on the
661date the ignition interlock was removed from the vehicle; and
662 (ii) may not subtract any days from the revocation period under Subsection (7)(b)(i) for
663days during which the person was compliant with the interlock restriction under Subsection
66441-6a-521(7).
665 (8) (a) The Driver License Division may shorten a person's revocation period imposed
666under Subsection (1) before the completion of the person's revocation period if:
667 (i) the person is participating in or has successfully completed a 24-7 sobriety program
668as defined in Section 41-6a-515.5; and
669 (ii) the reporting court:
670 (A) shortens the person's operator's license revocation period due to the person's
671participation in or successful completion of a 24-7 sobriety program; and
672 (B) forwards the order shortening the person's operator's license revocation period to
673the Driver License Division in the manner specified by the Driver License Division.
674 (b) A reporting court shall notify the Driver License Division, in the manner specified
675by the Driver License Division, if a person fails to complete all requirements of a 24-7 sobriety
676program. H.B. 62
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677 (c) Upon receiving a notification described in Subsection (8)(b), for a first offense, the
678Driver License Division:
679 (i) shall revoke the person's operator's license for a period of 18 months from the date
680of the notice; and
681 (ii) may not subtract any days from the revocation period under Subsection (8)(c)(i) for
682which the operator's license was previously revoked under this section or Section 41-6a-521, or
683suspended under Section 53-3-223, if the previous suspension was based on the same
684occurrence upon which the conviction under this section is based.
685 (d) Upon receiving a notification described in Subsection (8)(b), for a second or
686subsequent offense, the Driver License Division:
687 (i) shall revoke the person's operator's license for a period of three years from the date
688of the notice; and
689 (ii) may not subtract any days from the revocation period under Subsection (8)(d)(i) for
690which the operator's license was previously revoked under this section or Section 41-6a-521, or
691suspended under Section 53-3-223, if the previous revocation was based on the same
692occurrence upon which the conviction under this section is based.
693 Section 6. Section 53-3-223 is amended to read:
694 53-3-223. Chemical test for driving under the influence -- Temporary license --
695Hearing and decision -- Suspension and fee -- Judicial review.
696 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
697violating or has violated Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, the peace
698officer may, in connection with arresting the person, request that the person submit to a
699chemical test or tests to be administered in compliance with the standards under Section
70041-6a-520.
701 (b) In this section, a reference to Section 41-6a-502 includes any similar local
702ordinance adopted in compliance with Subsection 41-6a-510(1).
703 (2) The peace officer shall advise a person prior to the person's submission to a Enrolled Copy H.B. 62
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704chemical test that a test result indicating a violation of Section 41-6a-502, 41-6a-517,
70576-5-102.1, or 76-5-207 shall, and the existence of a blood alcohol content sufficient to render
706the person incapable of safely driving a motor vehicle may, result in suspension or revocation
707of the person's license to drive a motor vehicle.
708 (3) If the person submits to a chemical test and the test results indicate a blood or
709breath alcohol content in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207,
710or if a peace officer makes a determination, based on reasonable grounds, that the person is
711otherwise in violation of Section 41-6a-502, 76-5-102.1, or 76-5-207, a peace officer shall, on
712behalf of the division and within 24 hours of arrest, give notice of the division's intention to
713suspend the person's license to drive a motor vehicle.
714 (4) When a peace officer gives notice on behalf of the division, the peace officer shall
715supply to the driver, in a manner specified by the division, basic information regarding how to
716obtain a prompt hearing before the division.
717 (5) As a matter of procedure, a peace officer shall send to the division within 10
718calendar days after the day on which notice is provided:
719 (a) a copy of the citation issued for the offense;
720 (b) a signed report in a manner specified by the division indicating the chemical test
721results, if any; and
722 (c) any other basis for the peace officer's determination that the person has violated
723Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207.
724 (6) (a) Upon request in a manner specified by the division, the division shall grant to
725the person an opportunity to be heard within 29 days after the date of arrest. The request to be
726heard shall be made within 10 calendar days of the day on which notice is provided under
727Subsection (5).
728 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
729division in:
730 (A) the county in which the arrest occurred; or H.B. 62
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731 (B) a county that is adjacent to the county in which the arrest occurred.
732 (ii) The division may hold a hearing in some other county if the division and the person
733both agree.
734 (c) The hearing shall be documented and shall cover the issues of:
735 (i) whether a peace officer had reasonable grounds to believe the person was driving a
736motor vehicle in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207;
737 (ii) whether the person refused to submit to the test; and
738 (iii) the test results, if any.
739 (d) (i) In connection with a hearing the division or its authorized agent:
740 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
741the production of relevant books and papers; or
742 (B) may issue subpoenas for the attendance of necessary peace officers.
743 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
744accordance with the rates established in Section 78B-1-119.
745 (e) The division may designate one or more employees to conduct the hearing.
746 (f) Any decision made after a hearing before any designated employee is as valid as if
747made by the division.
748 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
749grounds to believe that the person was driving a motor vehicle in violation of Section
75041-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the person failed to appear before the
751division as required in the notice, or if a hearing is not requested under this section, the division
752shall:
753 (i) if the person is 21 years old or older at the time of arrest, suspend the person's
754license or permit to operate a motor vehicle for a period of:
755 (A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
756 (B) two years beginning on the 45th day after the date of arrest for a second or
757subsequent suspension for an offense that occurred within the previous 10 years; or Enrolled Copy H.B. 62
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758 (ii) if the person is under 21 years old at the time of arrest:
759 (A) suspend the person's license or permit to operate a motor vehicle:
760 (I) for a period of six months, beginning on the 45th day after the date of arrest for a
761first suspension; or
762 (II) until the person is 21 years old or for a period of two years, whichever is longer,
763beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
764offense that occurred within the previous 10 years; or
765 (B) deny the person's application for a license or learner's permit:
766 (I) for a period of six months beginning on the 45th day after the date of the arrest for a
767first suspension, if the person has not been issued an operator license; or
768 (II) until the person is 21 years old or for a period of two years, whichever is longer,
769beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
770offense that occurred within the previous 10 years.
771 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
772reinstate a person's license prior to completion of the 120 day suspension period imposed under
773Subsection (7)(a)(i)(A):
774 (A) immediately upon receiving written verification of the person's dismissal of a
775charge for a violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written
776verification is received prior to completion of the suspension period; or
777 (B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
778receiving written verification of the person's reduction of a charge for a violation of Section
77941-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written verification is received prior to
780completion of the suspension period.
781 (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
782reinstate a person's license prior to completion of the 120-day suspension period imposed under
783Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
784conviction of impaired driving under Section 41-6a-502.5 if: H.B. 62
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785 (A) the written verification is received prior to completion of the suspension period;
786and
787 (B) the reporting court notifies the Driver License Division that the defendant is
788participating in or has successfully completed the program of a driving under the influence
789court as defined in Section 41-6a-501.
790 (iii) If a person's license is reinstated under this Subsection (7)(b), the person is
791required to pay the license reinstatement application fees under Subsections 53-3-105(26) and
792(27).
793 (iv) The driver license reinstatements authorized under this Subsection (7)(b) only
794apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
795 (8) (a) The division shall assess against a person, in addition to any fee imposed under
796Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover
797administrative costs, which shall be paid before the person's driving privilege is reinstated.
798This fee shall be cancelled if the person obtains an unappealed division hearing or court
799decision that the suspension was not proper.
800 (b) A person whose license has been suspended by the division under this section
801following an administrative hearing may file a petition within 30 days after the suspension for a
802hearing on the matter which, if held, is governed by Section 53-3-224.
803 (9) (a) Notwithstanding the provisions in Subsection [(7)(a)(i) or (ii)] (7)(a)(i), the
804division shall reinstate a person's license before completion of the suspension period imposed
805under Subsection [(7)(a)(i) or (ii)] (7)(a)(i) if:
806 (i) the reporting court notifies the Driver License Division that the defendant is
807participating in or has successfully completed a 24-7 sobriety program as defined in Section
80841-6a-515.5; and
809 (ii) the person has a valid driving privilege, with the exception of the suspension under
810Subsection (7)(a)(i).
811 (b) If a person's license is reinstated under Subsection (9)(a), the person is required to Enrolled Copy H.B. 62
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812pay the license reinstatement application fees under Subsections 53-3-105(26) and (27).
813 (10) (a) If the division suspends a person's license for an alcohol related offense under
814Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition
815interlock restricted driver if the person:
816 (i) has a valid driving privilege, with the exception of the suspension under Subsection
817(7)(a)(i)(A);
818 [(ii) completes a risk assessment approved by the division that:]
819 [(A) is completed after the date of the arrest for which the person is suspended under
820Subsection (7)(a)(i)(A); and]
821 [(B) identifies the person as a low risk offender;]
822 [(iii)] (ii) installs an ignition interlock device in any vehicle owned or driven by the
823person in accordance with Section 53-3-1007; and
824 [(iv)] (iii) pays the license reinstatement application fees described in Subsections
82553-3-105(26) and (27).
826 (b) (i) The person shall remain an ignition interlock restricted driver for a period of 120
827days from the original effective date of the suspension under Subsection (7)(a)(i)(A).
828 (ii) If the person removes an ignition interlock device from a vehicle owned or driven
829by the person prior to the expiration of the 120 day ignition interlock restriction period and
830does not install a new ignition interlock device from the same or a different provider within 24
831hours:
832 [(i)] (A) the person's driver license shall be suspended under Subsection (7)(a)(i)(A)
833for the remainder of the 120 day ignition interlock restriction period;
834 [(ii)] (B) the person is required to pay the license reinstatement application fee under
835Subsection 53-3-105(26); and
836 [(iii)] (C) the person may not elect to become an ignition interlock restricted driver
837under this section.
838 (c) If a person elects to become an ignition interlock restricted driver under Subsection H.B. 62
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839(10)(a), the provisions under Subsection (7)(b) do not apply.
840 Section 7. Section 53-3-1007 is amended to read:
841 53-3-1007. Ignition interlock system provider -- Notification to the division upon
842installation or removal of an ignition interlock system -- Monitoring and reporting
843requirements -- Penalties.
844 (1) An ignition interlock system provider who installs an ignition interlock system on
845[a person's] an individual's vehicle shall:
846 (a) provide proof of installation to the [person] individual; and
847 (b) electronically notify the division of installation of an ignition interlock system on
848the [person's] individual's vehicle.
849 (2) An ignition interlock system provider shall electronically notify the division if [a
850person] an individual has:
851 (a) removed an ignition interlock system from the [person's] individual's vehicle[.];
852 (b) attempted to start the motor vehicle with a measurable breath alcohol concentration,
853and the attempt to start the motor vehicle was prevented by the ignition interlock system,
854including the date and time of each attempt; or
855 (c) failed to report to the ignition interlock provider for the purpose of monitoring the
856device every 60 days, or more frequently if ordered by the court as described in Subsection
85741-6a-518(5)(a).
858 (3) If an individual is an interlock restricted driver and the individual removes an
859ignition interlock system as described in Subsection (2)(a), the division shall:
860 (a) suspend the [person's] individual's driving privilege for the duration of the
861restriction period as defined in Section 41-6a-518.2; and
862 (b) notify the [person] individual of the suspension period in place and the
863requirements for reinstatement of the driving privilege with respect to the ignition interlock
864restriction suspension.
865 (4) The division shall clear a suspension described in Subsection (3) upon: Enrolled Copy H.B. 62
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866 (a) receipt of payment of the fee or fees required under Section 53-3-105; and
867 (b) (i) receipt of electronic notification from an ignition interlock system provider
868showing proof of the installation of an ignition interlock system on the [person's] individual's
869vehicle or the vehicle the [person] individual will be operating;
870 (ii) if the [person] individual does not own a vehicle or will not be operating a vehicle
871owned by another individual:
872 (A) electronic verification that the [person] individual does not have a vehicle
873registered in the [person's] individual's name in the state; and
874 (B) receipt of employer verification, as defined in Subsection 41-6a-518(1); or
875 (iii) if the [person] individual is not a resident of Utah, electronic verification that the
876[person] individual is licensed in the [person's] individual's state of residence or is in the
877process of obtaining a license in the [person's] individual's state of residence.
878 (5) If Subsection (4)(b)(ii) applies, the division shall every six months:
879 (a) electronically verify the [person] individual does not have a vehicle registered in the
880[person's] individual's name in the state; and
881 (b) require the [person] individual to provide updated documentation described in
882Subsection (4)(b)(ii).
883 (6) If the [person] individual described in Subsection (5) does not provide the required
884documentation described in Subsection (4)(b)(ii), the division shall suspend the [person's]
885individual's driving privilege until:
886 (a) the division receives payment of the fee or fees required under Section 53-3-105;
887and
888 (b) (i) the division:
889 (A) receives electronic notification from an ignition interlock system provider showing
890proof of the installation of an ignition interlock system on the [person's] individual's vehicle or
891the vehicle the [person] individual will be operating; or
892 (B) if the [person] individual does not own a vehicle or will not be operating a vehicle H.B. 62
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893owned by another individual, receives electronic verification that the [person] individual does
894not have a vehicle registered in the [person's] individual's name in the state, and receives
895employer verification, as defined in Subsection 41-6a-518(1); or
896 (ii) if the [person] individual is not a resident of Utah, electronic verification that the
897[person] individual is licensed in the [person's] individual's state of residence or is in the
898process of obtaining a license in the [person's] individual's state of residence.
899 (7) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
900Act, the division shall suspend the license of any [person] individual without receiving a record
901of the [person's] individual's conviction of crime seven days after receiving electronic
902notification from an ignition interlock system provider that [a person] an individual has
903removed an ignition interlock system from the [person's] individual's vehicle or a vehicle
904owned by another individual and operated by the [person] individual if the [person] individual
905is an interlock restricted driver until:
906 (a) the division receives payment of the fee or fees specified in Section 53-3-105; and
907 (b) (i) (A) the division receives electronic notification from an ignition interlock
908system provider showing new proof of the installation of an ignition interlock system on the
909[person's] individual's vehicle or the vehicle the [person] individual will be operating; or
910 (B) if the [person] individual does not own a vehicle or will not be operating a vehicle
911owned by another individual, the division receives electronic verification that the [person]
912individual does not have a vehicle registered in the [person's] individual's name in the state,
913and receives employer verification, as defined in Subsection 41-6a-518(1);
914 (ii) if the [person] individual is not a resident of Utah, the division receives electronic
915verification that the [person] individual is licensed in the [person's] individual's state of
916residence or is in the process of obtaining a license in the [person's] individual's state of
917residence; or
918 (iii) the [person's] individual's interlock restricted period has expired.
919 (8) (a) Upon receipt of a notice described in Subsection (2)(b) or (2)(c), the division Enrolled Copy H.B. 62
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920shall extend the individual's ignition interlock restriction period by 60 days.
921 (b) The division shall notify the individual of the modified ignition interlock restriction
922period described in Subsection (8)(a).
923 [(8)] (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
924Act, the division shall make rules establishing:
925 (a) procedures for certification and regulation of ignition interlock system providers;
926 (b) acceptable documentation for proof of the installation of an ignition interlock
927device;
928 (c) procedures for an ignition interlock system provider to electronically notify the
929division;
930 (d) procedures for an ignition interlock system provider to provide monitoring of an
931ignition interlock system and reporting the results of monitoring;
932 (e) procedures for the removal of an ignition interlock restriction if the individual is
933unable to provide a deep lung breath sample as a result of a medical condition and is unable to
934properly use an ignition interlock system as described in Subsection 41-6a-518.2(8); and
935 [(d)] (f) policies and procedures for the administration of the ignition interlock system
936program created under this section.