Utah 2023 Regular Session

Utah House Bill HB0387 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 387
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: K.P. Gasser 6
4	4	6 02-03-23 11:46 AM 6
5	5	H.B. 387
6	6	1 SUSPENDED DRIVER LICENSE APPEALS AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Quinn Kotter
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill amends provisions related to an administrative hearing to determine whether
15	15	10to suspend a driver license of an individual accused of driving under the influence.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <amends provisions regarding the timing of notice and a hearing with the Driver
19	19	14License Division for a person accused of driving under the influence;
20	20	15 <requires certain evidence be provided before the administrative hearing to a person
21	21	16accused of driving under the influence;
22	22	17 <classifies as a protected record certain video evidence provided to a person accused
23	23	18of driving under the influence; and
24	24	19 <makes technical changes.
25	25	20Money Appropriated in this Bill:
26	26	21 None
27	27	22Other Special Clauses:
28	28	23 None
29	29	24Utah Code Sections Affected:
30	30	25AMENDS:
31	31	26 41-6a-520, as last amended by Laws of Utah 2022, Chapters 116, 134
32	32	27 41-6a-521, as last amended by Laws of Utah 2019, Chapter 77
33	33	HB0387 H.B. 387 02-03-23 11:46 AM
34	34	- 2 -
35	35	28 53-3-223, as last amended by Laws of Utah 2022, Chapter 116
36	36	29
37	37	30Be it enacted by the Legislature of the state of Utah:
38	38	31 Section 1. Section 41-6a-520 is amended to read:
39	39	32 41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of
40	40	33tests -- Refusal -- Warning, report.
41	41	34 (1) (a) A person operating a motor vehicle in this state is considered to have given the
42	42	35person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
43	43	36the purpose of determining whether the person was operating or in actual physical control of a
44	44	37motor vehicle while:
45	45	38 (i) having a blood or breath alcohol content statutorily prohibited under Section
46	46	3941-6a-502, 41-6a-530, or 53-3-231;
47	47	40 (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
48	48	41under Section 41-6a-502; or
49	49	42 (iii) having any measurable controlled substance or metabolite of a controlled
50	50	43substance in the person's body in violation of Section 41-6a-517.
51	51	44 (b) A test or tests authorized under this Subsection (1) must be administered at the
52	52	45direction of a peace officer having grounds to believe that person to have been operating or in
53	53	46actual physical control of a motor vehicle while in violation of any provision under Subsections
54	54	47(1)(a)(i) through (iii).
55	55	48 (c) (i) The peace officer determines which of the tests are administered and how many
56	56	49of them are administered.
57	57	50 (ii) If a peace officer requests more than one test, refusal by a person to take one or
58	58	51more requested tests, even though the person does submit to any other requested test or tests, is
59	59	52a refusal under this section.
60	60	53 (d) (i) A person who has been requested under this section to submit to a chemical test
61	61	54or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be
62	62	55administered.
63	63	56 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
64	64	57not a defense to taking a test requested by a peace officer, and it is not a defense in any
65	65	58criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the 02-03-23 11:46 AM H.B. 387
66	66	- 3 -
67	67	59requested test or tests.
68	68	60 (2) (a) A peace officer requesting a test or tests shall warn a person that refusal to
69	69	61submit to the test or tests may result in criminal prosecution, revocation of the person's license
70	70	62to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or
71	71	63detectable amount of alcohol in the person's body depending on the person's prior driving
72	72	64history, and a three-year prohibition of driving without an ignition interlock device if the
73	73	65person:
74	74	66 (i) has been placed under arrest;
75	75	67 (ii) has then been requested by a peace officer to submit to any one or more of the
76	76	68chemical tests under Subsection (1); and
77	77	69 (iii) refuses to submit to any chemical test requested.
78	78	70 (b) (i) Following the warning under Subsection (2)(a), if the person does not
79	79	71immediately request that the chemical test or tests as offered by a peace officer be
80	80	72administered, a peace officer shall, on behalf of the Driver License Division and within 24
81	81	73hours of the arrest, give notice of the Driver License Division's intention to revoke the person's
82	82	74privilege or license to operate a motor vehicle.
83	83	75 (ii) When a peace officer gives the notice on behalf of the Driver License Division, the
84	84	76peace officer shall supply to the operator, in a manner specified by the Driver License Division,
85	85	77basic information regarding how to obtain a hearing before the Driver License Division.
86	86	78 (c) [As a matter of procedure, the] The peace officer shall submit [a signed report,] to
87	87	79the Driver License Division within 10 calendar days after [the day on which notice is provided
88	88	80under Subsection (2)(b), that] the date of the arrest:
89	89	81 (i) a copy of the citation issued to the person for the offense;
90	90	82 [(i)] (ii) a signed report stating that:
91	91	83 (A) the peace officer had grounds to believe the arrested person was in violation of any
92	92	84provision under Subsections (1)(a)(i) through (iii); and
93	93	85 [(ii)] (B) the person had refused to submit to a chemical test or tests under Subsection
94	94	86(1)[.];
95	95	87 (iii) all video and audio recordings of the investigation, arrest, and chemical testing for
96	96	88the offense; and
97	97	89 (iv) any other basis for the peace officer's determination that the person has violated H.B. 387 02-03-23 11:46 AM
98	98	- 4 -
99	99	90Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207.
100	100	91 (d) The county sheriff shall send to the division any video or audio of a chemical test
101	101	92conducted in a jail facility within 10 days after the date of the chemical test.
102	102	93 (3) Upon the request of the person who was tested, the results of the test or tests shall
103	103	94be made available to the person.
104	104	95 (4) (a) The person to be tested may, at the person's own expense, have a physician or a
105	105	96physician assistant of the person's own choice administer a chemical test in addition to the test
106	106	97or tests administered at the direction of a peace officer.
107	107	98 (b) The failure or inability to obtain the additional test does not affect admissibility of
108	108	99the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
109	109	100test or tests to be taken at the direction of a peace officer.
110	110	101 (c) The additional test shall be subsequent to the test or tests administered at the
111	111	102direction of a peace officer.
112	112	103 (5) For the purpose of determining whether to submit to a chemical test or tests, the
113	113	104person to be tested does not have the right to consult an attorney or have an attorney, physician,
114	114	105or other person present as a condition for the taking of any test.
115	115	106 (6) Notwithstanding the provisions in this section, a blood test taken under this section
116	116	107is subject to Section 77-23-213.
117	117	108 (7) A person is guilty of refusing a chemical test if a peace officer has issued the
118	118	109warning required in Subsection (2)(a) and the person refuses to submit to a test of the person's
119	119	110blood under Subsection (1) after a court has issued a warrant to draw and test the blood.
120	120	111 (8) A person who violates Subsection (7) commits an offense classified as a
121	121	112misdemeanor or felony in accordance with Subsections 41-6a-503(1), (2), and (3).
122	122	113 (9) As part of any sentence for a conviction of violating this section, the court shall
123	123	114impose the same sentencing as outlined for driving under the influence violations in Section
124	124	11541-6a-505, based on whether this is a first, second, or subsequent conviction as defined by
125	125	116Subsection 41-6a-501(2), with the following modifications:
126	126	117 (a) any jail sentence shall be 24 consecutive hours more than would be required under
127	127	118Section 41-6a-505;
128	128	119 (b) any fine imposed shall be $100 more than would be required under Section
129	129	12041-6a-505; and 02-03-23 11:46 AM H.B. 387
130	130	- 5 -
131	131	121 (c) the court shall order one or more of the following:
132	132	122 (i) the installation of an ignition interlock system as a condition of probation for the
133	133	123individual in accordance with Section 41-6a-518;
134	134	124 (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
135	135	125device as a condition of probation for the individual; or
136	136	126 (iii) the imposition of home confinement through the use of electronic monitoring in
137	137	127accordance with Section 41-6a-506.
138	138	128 (10) (a) The offense of refusal to submit to a chemical test under this section does not
139	139	129merge with any violation of Section 32B-4-409, 41-6a-502, 41-6a-517, or 41-6a-530.
140	140	130 (b) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
141	141	131of refusal to submit to a chemical test under this section may not be held in abeyance.
142	142	132 Section 2. Section 41-6a-521 is amended to read:
143	143	133 41-6a-521. Revocation hearing for refusal -- Appeal.
144	144	134 (1) (a) A person who has been notified of the Driver License Division's intention to
145	145	135revoke the person's license under Section 41-6a-520 is entitled to a hearing.
146	146	136 (b) A request for the hearing shall be made in writing within 10 calendar days after the
147	147	137day on which notice is provided.
148	148	138 (c) (i) Upon request in a manner specified by the Driver License Division, the Driver
149	149	139License Division shall grant to the person an opportunity to be heard within 29 days after the
150	150	140date of arrest.
151	151	141 (ii) The Driver License Division shall comply with Subsection 53-3-223(6) to provide
152	152	142evidence and other information to the person before the hearing described in Subsection
153	153	143(1)(c)(i).
154	154	144 (d) If the person does not make a request for a hearing before the Driver License
155	155	145Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state
156	156	146is revoked beginning on the 45th day after the date of arrest:
157	157	147 (i) for a person 21 years [of age] old or older on the date of arrest, for a period of:
158	158	148 (A) 18 months, unless Subsection (1)(d)(i)(B) applies; or
159	159	149 (B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a
160	160	150previous:
161	161	151 (I) license sanction for an offense that occurred within the previous 10 years from the H.B. 387 02-03-23 11:46 AM
162	162	- 6 -
163	163	152date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; or
164	164	153 (II) conviction for an offense that occurred within the previous 10 years from the date
165	165	154of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
166	166	155constitute a violation of Section 41-6a-502;
167	167	156 (ii) for a person under 21 years [of age] old on the date of arrest:
168	168	157 (A) until the person is 21 years [of age] old or for a period of two years, whichever is
169	169	158longer, if the arrest was made on or after July 1, 2011, unless Subsection (1)(d)(ii)(B) applies;
170	170	159or
171	171	160 (B) until the person is 21 years [of age] old or for a period of 36 months, whichever is
172	172	161longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:
173	173	162 (I) license sanction for an offense that occurred within the previous 10 years from the
174	174	163date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; or
175	175	164 (II) conviction for an offense that occurred within the previous 10 years from the date
176	176	165of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
177	177	166constitute a violation of Section 41-6a-502; or
178	178	167 (iii) for a person that was arrested prior to July 1, 2009, for the suspension periods in
179	179	168effect prior to July 1, 2009.
180	180	169 (2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
181	181	170the hearing shall be conducted by the Driver License Division in:
182	182	171 (i) the county in which the offense occurred; or
183	183	172 (ii) a county which is adjacent to the county in which the offense occurred.
184	184	173 (b) The Driver License Division may hold a hearing in some other county if the Driver
185	185	174License Division and the person both agree.
186	186	175 (3) The hearing shall be documented and shall cover the issues of:
187	187	176 (a) whether a peace officer had reasonable grounds to believe that a person was
188	188	177operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, or
189	189	17853-3-231; and
190	190	179 (b) whether the person refused to submit to the test or tests under Section 41-6a-520.
191	191	180 (4) (a) In connection with the hearing, the division or its authorized agent:
192	192	181 (i) may administer oaths and may issue subpoenas for the attendance of witnesses and
193	193	182the production of relevant books and papers; and 02-03-23 11:46 AM H.B. 387
194	194	- 7 -
195	195	183 (ii) shall issue subpoenas for the attendance of necessary peace officers.
196	196	184 (b) The Driver License Division shall pay witness fees and mileage from the
197	197	185Transportation Fund in accordance with the rates established in Section 78B-1-119.
198	198	186 (5) (a) If after a hearing, the Driver License Division determines that the person was
199	199	187requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
200	200	188person fails to appear before the Driver License Division as required in the notice, the Driver
201	201	189License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
202	202	190beginning on the date the hearing is held:
203	203	191 (i) for a person 21 years [of age] old or older on the date of arrest, for a period of:
204	204	192 (A) 18 months unless Subsection (5)(a)(i)(B) applies; or
205	205	193 (B) 36 months, if the arrest was made on or after July 1, 2009, and the person has had a
206	206	194previous:
207	207	195 (I) license sanction for an offense that occurred within the previous 10 years from the
208	208	196date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; or
209	209	197 (II) conviction for an offense that occurred within the previous 10 years from the date
210	210	198of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
211	211	199constitute a violation of Section 41-6a-502;
212	212	200 (ii) for a person under 21 years [of age] old on the date of arrest:
213	213	201 (A) until the person is 21 years [of age] old or for a period of two years, whichever is
214	214	202longer, for an arrest that was made on or after July 1, 2011, and unless Subsection (5)(a)(ii)(B)
215	215	203applies; or
216	216	204 (B) until the person is 21 years [of age] old or for a period of 36 months, whichever is
217	217	205longer, if the arrest was made on or after July 1, 2009, and the person has had a previous:
218	218	206 (I) license sanction for an offense that occurred within the previous 10 years from the
219	219	207date of arrest under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; or
220	220	208 (II) conviction for an offense that occurred within the previous 10 years from the date
221	221	209of arrest under Section 41-6a-502 or a statute previously in effect in this state that would
222	222	210constitute a violation of Section 41-6a-502; or
223	223	211 (iii) for a person that was arrested prior to July 1, 2009, for the revocation periods in
224	224	212effect prior to July 1, 2009.
225	225	213 (b) The Driver License Division shall also assess against the person, in addition to any H.B. 387 02-03-23 11:46 AM
226	226	- 8 -
227	227	214fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid
228	228	215before the person's driving privilege is reinstated, to cover administrative costs.
229	229	216 (c) The fee shall be cancelled if the person obtains an unappealed court decision
230	230	217following a proceeding allowed under Subsection (2) that the revocation was improper.
231	231	218 (6) (a) Any person whose license has been revoked by the Driver License Division
232	232	219under this section following an administrative hearing may seek judicial review.
233	233	220 (b) Judicial review of an informal adjudicative proceeding is a trial.
234	234	221 (c) Venue is in the district court in the county in which the offense occurred.
235	235	222 Section 3. Section 53-3-223 is amended to read:
236	236	223 53-3-223. Chemical test for driving under the influence -- Temporary license --
237	237	224Hearing and decision -- Suspension and fee -- Judicial review.
238	238	225 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
239	239	226violating or has violated Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, the peace
240	240	227officer may, in connection with arresting the person, request that the person submit to a
241	241	228chemical test or tests to be administered in compliance with the standards under Section
242	242	22941-6a-520.
243	243	230 (b) In this section, a reference to Section 41-6a-502 includes any similar local
244	244	231ordinance adopted in compliance with Subsection 41-6a-510(1).
245	245	232 (2) The peace officer shall advise a person prior to the person's submission to a
246	246	233chemical test that a test result indicating a violation of Section 41-6a-502, 41-6a-517,
247	247	23476-5-102.1, or 76-5-207 shall, and the existence of a blood alcohol content sufficient to render
248	248	235the person incapable of safely driving a motor vehicle may, result in suspension or revocation
249	249	236of the person's license to drive a motor vehicle.
250	250	237 (3) If the person submits to a chemical test and the test results indicate a blood or
251	251	238breath alcohol content in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207,
252	252	239or if a peace officer makes a determination, based on reasonable grounds, that the person is
253	253	240otherwise in violation of Section 41-6a-502, 76-5-102.1, or 76-5-207, a peace officer shall, on
254	254	241behalf of the division and within 24 hours of arrest, give notice of the division's intention to
255	255	242suspend the person's license to drive a motor vehicle.
256	256	243 (4) When a peace officer gives notice on behalf of the division as described in
257	257	244Subsection (3), the peace officer shall supply to the driver, in a manner specified by the 02-03-23 11:46 AM H.B. 387
258	258	- 9 -
259	259	245division, basic information regarding how to obtain a prompt hearing before the division.
260	260	246 (5) (a) [As a matter of procedure, a] A peace officer shall send to the division within 10
261	261	247calendar days after the day on which notice is provided to the driver:
262	262	248 [(a)] (i) a copy of the citation issued [for the offense] to the driver;
263	263	249 [(b)] (ii) a signed report in a manner specified by the division indicating the chemical
264	264	250test results, if any; [and]
265	265	251 (iii) all video and audio recordings of the investigation, arrest, and chemical testing for
266	266	252the offense; and
267	267	253 [(c)] (iv) any other basis for the peace officer's determination that the person has
268	268	254violated Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207.
269	269	255 (b) The county sheriff shall send to the division any video or audio of a chemical test
270	270	256described in Subsection (1)(a) conducted in a jail facility within 10 days after the date of the
271	271	257chemical test.
272	272	258 (6) (a) (i) Upon request in a manner specified by the division, the division shall grant to
273	273	259the person an opportunity to be heard within 29 days after the date of arrest.
274	274	260 (ii) The request to be heard shall be made within 10 calendar days [of the day on which
275	275	261notice is provided under Subsection (5)] after the date of the arrest.
276	276	262 (iii) Upon receiving the request for a hearing, and at least 10 days before the hearing,
277	277	263the division shall provide the driver or the driver's counsel the entire agency file and all
278	278	264information gathered during the investigation in accordance with Subsection 63G-4-203(1)(f)
279	279	265to include:
280	280	266 (A) the summons and citation for driving under the influence;
281	281	267 (B) the driving under the influence report form;
282	282	268 (C) any other police reports and supplemental reports documenting the investigation
283	283	269and arrest; and
284	284	270 (D) all video and audio recordings made during the investigation, arrest, and chemical
285	285	271testing.
286	286	272 (b) (i) Any video evidence provided as described in Subsection (6)(a)(iii)(D) is
287	287	273protected record, as defined in Section 63G-2-103.
288	288	274 (ii) A person who receives video or audio evidence as described in Subsection
289	289	275(6)(a)(iii)(D) may not disclose the video or audio evidence in violation of Title 63G, Chapter 2, H.B. 387 02-03-23 11:46 AM
290	290	- 10 -
291	291	276Government Records Access and Management Act.
292	292	277 (iii) A person who intentionally discloses, provides a copy of, or improperly uses video
293	293	278or audio evidence described in Subsection (6)(a)(iii)(D) is subject to the penalties described in
294	294	279Section 63G-2-801.
295	295	280 [(b)] (c) (i) Except as provided in Subsection [(6)(b)(ii),] (6)(c)(ii), a hearing, if held,
296	296	281shall be before the division in:
297	297	282 (A) the county in which the arrest occurred; or
298	298	283 (B) a county that is adjacent to the county in which the arrest occurred.
299	299	284 (ii) The division may hold a hearing in some other county if the division and the person
300	300	285both agree.
301	301	286 [(c)] (d) The hearing shall be documented and shall cover the issues of:
302	302	287 (i) whether a peace officer had reasonable grounds to believe the person was driving a
303	303	288motor vehicle in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207;
304	304	289 (ii) whether the person refused to submit to the test; and
305	305	290 (iii) the test results, if any.
306	306	291 [(d)] (e) (i) In connection with a hearing the division or its authorized agent:
307	307	292 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
308	308	293the production of relevant books and papers; or
309	309	294 (B) may issue subpoenas for the attendance of necessary peace officers.
310	310	295 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
311	311	296accordance with the rates established in Section 78B-1-119.
312	312	297 [(e)] (f) The division may designate one or more employees to conduct the hearing.
313	313	298 [(f)] (g) Any decision made after a hearing before any designated employee is as valid
314	314	299as if made by the division.
315	315	300 (h) The division may not conduct a hearing if the division did not provide the person
316	316	301the information described in this Subsection (6) at least 10 days before the date of the hearing.
317	317	302 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
318	318	303grounds to believe that the person was driving a motor vehicle in violation of Section
319	319	30441-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the person failed to appear before the
320	320	305division as required in the notice, or if a hearing is not requested under this section, the division
321	321	306shall: 02-03-23 11:46 AM H.B. 387
322	322	- 11 -
323	323	307 (i) if the person is 21 years old or older at the time of arrest, suspend the person's
324	324	308license or permit to operate a motor vehicle for a period of:
325	325	309 (A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
326	326	310 (B) two years beginning on the 45th day after the date of arrest for a second or
327	327	311subsequent suspension for an offense that occurred within the previous 10 years; or
328	328	312 (ii) if the person is under 21 years old at the time of arrest:
329	329	313 (A) suspend the person's license or permit to operate a motor vehicle:
330	330	314 (I) for a period of six months, beginning on the 45th day after the date of arrest for a
331	331	315first suspension; or
332	332	316 (II) until the person is 21 years old or for a period of two years, whichever is longer,
333	333	317beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
334	334	318offense that occurred within the previous 10 years; or
335	335	319 (B) deny the person's application for a license or learner's permit:
336	336	320 (I) for a period of six months beginning on the 45th day after the date of the arrest for a
337	337	321first suspension, if the person has not been issued an operator license; or
338	338	322 (II) until the person is 21 years old or for a period of two years, whichever is longer,
339	339	323beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
340	340	324offense that occurred within the previous 10 years.
341	341	325 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
342	342	326reinstate a person's license prior to completion of the 120 day suspension period imposed under
343	343	327Subsection (7)(a)(i)(A):
344	344	328 (A) immediately upon receiving written verification of the person's dismissal of a
345	345	329charge for a violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written
346	346	330verification is received prior to completion of the suspension period; or
347	347	331 (B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
348	348	332receiving written verification of the person's reduction of a charge for a violation of Section
349	349	33341-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written verification is received prior to
350	350	334completion of the suspension period.
351	351	335 (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
352	352	336reinstate a person's license prior to completion of the 120-day suspension period imposed under
353	353	337Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's H.B. 387 02-03-23 11:46 AM
354	354	- 12 -
355	355	338conviction of impaired driving under Section 41-6a-502.5 if:
356	356	339 (A) the written verification is received prior to completion of the suspension period;
357	357	340and
358	358	341 (B) the reporting court notifies the Driver License Division that the defendant is
359	359	342participating in or has successfully completed the program of a driving under the influence
360	360	343court as defined in Section 41-6a-501.
361	361	344 (iii) If a person's license is reinstated under this Subsection (7)(b), the person is
362	362	345required to pay the license reinstatement application fees under Subsections 53-3-105(26) and
363	363	346(27).
364	364	347 (iv) The driver license reinstatements authorized under this Subsection (7)(b) only
365	365	348apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
366	366	349 (8) (a) The division shall assess against a person, in addition to any fee imposed under
367	367	350Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover
368	368	351administrative costs, which shall be paid before the person's driving privilege is reinstated.
369	369	352This fee shall be cancelled if the person obtains an unappealed division hearing or court
370	370	353decision that the suspension was not proper.
371	371	354 (b) A person whose license has been suspended by the division under this section
372	372	355following an administrative hearing may file a petition within 30 days after the suspension for a
373	373	356hearing on the matter which, if held, is governed by Section 53-3-224.
374	374	357 (9) (a) Notwithstanding the provisions in Subsection (7)(a)(i) or (ii), the division shall
375	375	358reinstate a person's license before completion of the suspension period imposed under
376	376	359Subsection (7)(a)(i) or (ii) if the reporting court notifies the Driver License Division that the
377	377	360defendant is participating in or has successfully completed a 24-7 sobriety program as defined
378	378	361in Section 41-6a-515.5.
379	379	362 (b) If a person's license is reinstated under Subsection (9)(a), the person is required to
380	380	363pay the license reinstatement application fees under Subsections 53-3-105(26) and (27).
381	381	364 (10) (a) If the division suspends a person's license for an alcohol related offense under
382	382	365Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition
383	383	366interlock restricted driver if the person:
384	384	367 (i) has a valid driving privilege, with the exception of the suspension under Subsection
385	385	368(7)(a)(i)(A); 02-03-23 11:46 AM H.B. 387
386	386	- 13 -
387	387	369 (ii) completes a risk assessment approved by the division that:
388	388	370 (A) is completed after the date of the arrest for which the person is suspended under
389	389	371Subsection (7)(a)(i)(A); and
390	390	372 (B) identifies the person as a low risk offender;
391	391	373 (iii) installs an ignition interlock device in any vehicle owned or driven by the person
392	392	374in accordance with Section 53-3-1007; and
393	393	375 (iv) pays the license reinstatement application fees described in Subsections
394	394	37653-3-105(26) and (27).
395	395	377 (b) The person shall remain an ignition interlock restricted driver for a period of 120
396	396	378days from the original effective date of the suspension under Subsection (7)(a)(i)(A). If the
397	397	379person removes an ignition interlock device from a vehicle owned or driven by the person prior
398	398	380to the expiration of the 120 day ignition interlock restriction period:
399	399	381 (i) the person's driver license shall be suspended under Subsection (7)(a)(i)(A) for the
400	400	382remainder of the 120 day ignition interlock restriction period;
401	401	383 (ii) the person is required to pay the license reinstatement application fee under
402	402	384Subsection 53-3-105(26); and
403	403	385 (iii) the person may not elect to become an ignition interlock restricted driver under
404	404	386this section.
405	405	387 (c) If a person elects to become an ignition interlock restricted driver under Subsection
406	406	388(10)(a), the provisions under Subsection (7)(b) do not apply.