53-3-220 (Effective 07/01/11) - Offenses requiring mandatory revocation, denial, suspension, or disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited driving pr
53-3-220 (Effective 07/01/11). Offenses requiring mandatory revocation, denial,suspension, or disqualification of license -- Offense requiring an extension of period --Hearing -- Limited driving privileges.
(1) (a) The division shall immediately revoke or, when this chapter, Title 41, Chapter 6a,Traffic Code, or Section 76-5-303, specifically provides for denial, suspension, ordisqualification, the division shall deny, suspend, or disqualify the license of a person uponreceiving a record of the person's conviction for:
(i) manslaughter or negligent homicide resulting from driving a motor vehicle, orautomobile homicide under Section 76-5-207 or 76-5-207.5;
(ii) driving or being in actual physical control of a motor vehicle while under theinfluence of alcohol, any drug, or combination of them to a degree that renders the personincapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited inan ordinance that complies with the requirements of Subsection 41-6a-510(1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood orbreath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance thatcomplies with the requirements of Subsection 41-6a-510(1);
(iv) perjury or the making of a false affidavit to the division under this chapter, Title 41,Motor Vehicles, or any other law of this state requiring the registration of motor vehicles orregulating driving on highways;
(v) any felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
(vii) failure to stop and render aid as required under the laws of this state if a motorvehicle accident results in the death or personal injury of another;
(viii) two charges of reckless driving, impaired driving, or any combination of recklessdriving and impaired driving committed within a period of 12 months; but if upon a firstconviction of reckless driving or impaired driving the judge or justice recommends suspension ofthe convicted person's license, the division may after a hearing suspend the license for a period ofthree months;
(ix) failure to bring a motor vehicle to a stop at the command of a peace officer asrequired in Section 41-6a-210;
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, thatrequires disqualification;
(xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging orallowing the discharge of a firearm from a vehicle;
(xii) using, allowing the use of, or causing to be used any explosive, chemical, orincendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
(xiii) operating or being in actual physical control of a motor vehicle while having anymeasurable controlled substance or metabolite of a controlled substance in the person's body inviolation of Section 41-6a-517;
(xiv) until July 30, 2015, operating or being in actual physical control of a motor vehiclewhile having any alcohol in the person's body in violation of Section 53-3-232;
(xv) operating or being in actual physical control of a motor vehicle while having anymeasurable or detectable amount of alcohol in the person's body in violation of Section41-6a-530;
(xvi) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
violation of Section 41-6a-606;
(xvii) operating or being in actual physical control of a motor vehicle in this state withoutan ignition interlock system in violation of Section 41-6a-518.2; or
(xviii) custodial interference, under:
(A) Subsection 76-5-303(3), which suspension shall be for a period of 30 days, unless thecourt provides the division with an order of suspension for a shorter period of time;
(B) Subsection 76-5-303(4), which suspension shall be for a period of 90 days, unless thecourt provides the division with an order of suspension for a shorter period of time; or
(C) Subsection 76-5-303(5), which suspension shall be for a period of 180 days, unlessthe court provides the division with an order of suspension for a shorter period of time.
(b) The division shall immediately revoke the license of a person upon receiving a recordof an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for:
(i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging orallowing the discharge of a firearm from a vehicle; or
(ii) using, allowing the use of, or causing to be used any explosive, chemical, orincendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
(c) Except when action is taken under Section 53-3-219 for the same offense, thedivision shall immediately suspend for six months the license of a person upon receiving a recordof conviction for:
(i) any violation of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(ii) any criminal offense that prohibits:
(A) possession, distribution, manufacture, cultivation, sale, or transfer of any substancethat is prohibited under the acts described in Subsection (1)(c)(i); or
(B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, ortransfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
(d) (i) The division shall immediately suspend a person's driver license for conviction ofthe offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
(A) an order from the sentencing court requiring that the person's driver license besuspended; and
(B) a record of the conviction.
(ii) An order of suspension under this section is at the discretion of the sentencing court,and may not be for more than 90 days for each offense.
(e) (i) The division shall immediately suspend for one year the license of a person uponreceiving a record of:
(A) conviction for the first time for a violation under Section 32B-4-411; or
(B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for aviolation under Section 32B-4-411.
(ii) The division shall immediately suspend for a period of two years the license of aperson upon receiving a record of:
(A) (I) conviction for a second or subsequent violation under Section 32B-4-411; and
(II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a priorconviction for a violation under Section 32B-4-411; or
(B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile CourtAct of 1996, for a violation under Section 32B-4-411; and
(II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prioradjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation underSection 32B-4-411.
(iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
(A) for a conviction or adjudication described in Subsection (1)(e)(i):
(I) impose a suspension for one year beginning on the date of conviction; or
(II) if the person is under the age of eligibility for a driver license, impose a suspensionthat begins on the date of conviction and continues for one year beginning on the date ofeligibility for a driver license; or
(B) for a conviction or adjudication described in Subsection (1)(e)(ii):
(I) impose a suspension for a period of two years; or
(II) if the person is under the age of eligibility for a driver license, impose a suspensionthat begins on the date of conviction and continues for two years beginning on the date ofeligibility for a driver license.
(2) The division shall extend the period of the first denial, suspension, revocation, ordisqualification for an additional like period, to a maximum of one year for each subsequentoccurrence, upon receiving:
(a) a record of the conviction of any person on a charge of driving a motor vehicle whilethe person's license is denied, suspended, revoked, or disqualified;
(b) a record of a conviction of the person for any violation of the motor vehicle law inwhich the person was involved as a driver;
(c) a report of an arrest of the person for any violation of the motor vehicle law in whichthe person was involved as a driver; or
(d) a report of an accident in which the person was involved as a driver.
(3) When the division receives a report under Subsection (2)(c) or (d) that a person isdriving while the person's license is denied, suspended, disqualified, or revoked, the person isentitled to a hearing regarding the extension of the time of denial, suspension, disqualification, orrevocation originally imposed under Section 53-3-221.
(4) (a) The division may extend to a person the limited privilege of driving a motorvehicle to and from the person's place of employment or within other specified limits onrecommendation of the judge in any case where a person is convicted of any of the offensesreferred to in Subsections (1) and (2) except:
(i) automobile homicide under Subsection (1)(a)(i);
(ii) those offenses referred to in Subsections (1)(a)(ii), (iii), (xi), (xii), (xiii), (1)(b), and(1)(c); and
(iii) those offenses referred to in Subsection (2) when the original denial, suspension,revocation, or disqualification was imposed because of a violation of Section 41-6a-502,41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1),Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person was chargedwith violating as a result of a plea bargain after having been originally charged with violating oneor more of these sections or ordinances, unless:
(A) the person has had the period of the first denial, suspension, revocation, ordisqualification extended for a period of at least three years;
(B) the division receives written verification from the person's primary care physicianthat:
(I) to the physician's knowledge the person has not used any narcotic drug or othercontrolled substance except as prescribed by a licensed medical practitioner within the last threeyears; and
(II) the physician is not aware of any physical, emotional, or mental impairment thatwould affect the person's ability to operate a motor vehicle safely; and
(C) for a period of one year prior to the date of the request for a limited driving privilege:
(I) the person has not been convicted of a violation of any motor vehicle law in which theperson was involved as the operator of the vehicle;
(II) the division has not received a report of an arrest for a violation of any motor vehiclelaw in which the person was involved as the operator of the vehicle; and
(III) the division has not received a report of an accident in which the person wasinvolved as an operator of a vehicle.
(b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege authorizedin this Subsection (4):
(A) is limited to when undue hardship would result from a failure to grant the privilege;and
(B) may be granted only once to any person during any single period of denial,suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, ordisqualification.
(ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
(A) is limited to when the limited privilege is necessary for the person to commute toschool or work; and
(B) may be granted only once to any person during any single period of denial,suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, ordisqualification.
(c) A limited CDL may not be granted to a person disqualified under Part 4, UniformCommercial Driver License Act, or whose license has been revoked, suspended, cancelled, ordenied under this chapter.
Amended by Chapter 276, 2010 General Session
Amended by Chapter 374, 2010 General Session