41-6a-501 - Definitions.
41-6a-501. Definitions.
(1) As used in this part:
(a) "Assessment" means an in-depth clinical interview with a licensed mental healththerapist:
(i) used to determine if a person is in need of:
(A) substance abuse treatment that is obtained at a substance abuse program;
(B) an educational series; or
(C) a combination of Subsections (1)(a)(i)(A) and (B); and
(ii) that is approved by the Division of Substance Abuse and Mental Health inaccordance with Section 62A-15-105.
(b) "Driving under the influence court" means a court that is approved as a driving underthe influence court by the Utah Judicial Council according to standards established by theJudicial Council.
(c) "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 58-37-2;
(ii) a drug as defined in Section 58-17b-102; or
(iii) any substance that, when knowingly, intentionally, or recklessly taken into thehuman body, can impair the ability of a person to safely operate a motor vehicle.
(d) "Educational series" means an educational series obtained at a substance abuseprogram that is approved by the Division of Substance Abuse and Mental Health in accordancewith Section 62A-15-105.
(e) "Negligence" means simple negligence, the failure to exercise that degree of care thatan ordinarily reasonable and prudent person exercises under like or similar circumstances.
(f) "Screening" means a preliminary appraisal of a person:
(i) used to determine if the person is in need of:
(A) an assessment; or
(B) an educational series; and
(ii) that is approved by the Division of Substance Abuse and Mental Health inaccordance with Section 62A-15-105.
(g) "Serious bodily injury" means bodily injury that creates or causes:
(i) serious permanent disfigurement;
(ii) protracted loss or impairment of the function of any bodily member or organ; or
(iii) a substantial risk of death.
(h) "Substance abuse treatment" means treatment obtained at a substance abuse programthat is approved by the Division of Substance Abuse and Mental Health in accordance withSection 62A-15-105.
(i) "Substance abuse treatment program" means a state licensed substance abuseprogram.
(j) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined inSection 41-6a-102; and
(ii) "Vehicle" or "motor vehicle" includes:
(A) an off-highway vehicle as defined under Section 41-22-2; and
(B) a motorboat as defined in Section 73-18-2.
(2) As used in Section 41-6a-503:
(a) "Conviction" means any conviction arising from a separate episode of driving for a
violation of:
(i) driving under the influence under Section 41-6a-502;
(ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or acombination of both-related reckless driving under:
(I) Section 41-6a-512; and
(II) Section 41-6a-528; or
(B) for an offense committed on or after July 1, 2008, impaired driving under Section41-6a-502.5;
(iii) driving with any measurable controlled substance that is taken illegally in the bodyunder Section 41-6a-517;
(iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination ofboth-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted incompliance with Section 41-6a-510;
(v) automobile homicide under Section 76-5-207;
(vi) Subsection 58-37-8(2)(g);
(vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment ofconviction is reduced under Section 76-3-402; or
(viii) statutes or ordinances previously in effect in this state or in effect in any other state,the United States, or any district, possession, or territory of the United States which wouldconstitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of both-relatedreckless driving if committed in this state, including punishments administered under 10 U.S.C.Sec. 815.
(b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i) through(viii) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, prior toJuly 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently reducedor dismissed in accordance with the plea in abeyance agreement, for purposes of:
(i) enhancement of penalties under:
(A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
(B) automobile homicide under Section 76-5-207; and
(ii) expungement under Title 77, Chapter 40, Utah Expungement Act.
Amended by Chapter 283, 2010 General Session