41-6a-517 - Definitions -- Driving with any measurable controlled substance in the body -- Penalties -- Arrest without warrant.
41-6a-517. Definitions -- Driving with any measurable controlled substance in thebody -- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means any substance scheduled under Section 58-37-4.
(b) "Practitioner" has the same meaning as provided in Section 58-37-2.
(c) "Prescribe" has the same meaning as provided in Section 58-37-2.
(d) "Prescription" has the same meaning as provided in Section 58-37-2.
(2) In cases not amounting to a violation of Section 41-6a-502, a person may not operateor be in actual physical control of a motor vehicle within this state if the person has anymeasurable controlled substance or metabolite of a controlled substance in the person's body.
(3) It is an affirmative defense to prosecution under this section that the controlledsubstance was:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused; or
(c) otherwise legally ingested.
(4) (a) A person convicted of a violation of Subsection (2) is guilty of a class Bmisdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under boththis section and any applicable offense under Section 58-37-8.
(5) A peace officer may, without a warrant, arrest a person for a violation of this sectionwhen the officer has probable cause to believe the violation has occurred, although not in theofficer's presence, and if the officer has probable cause to believe that the violation wascommitted by the person.
(6) The Driver License Division shall:
(a) if the person is 21 years of age or older on the date of arrest:
(i) suspend, for a period of 120 days, the driver license of a person convicted underSubsection (2) of an offense committed on or after July 1, 2009; or
(ii) revoke, for a period of two years, the driver license of a person if:
(A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(B) the current violation under Subsection (2) is committed:
(I) within a period of 10 years after the date of the prior violation; and
(II) on or after July 1, 2009;
(b) if the person is under 21 years of age on the date of arrest:
(i) suspend, until the person is 21 years of age or for a period of 120 days, the driverlicense of a person convicted under Subsection (2) of an offense committed on or after July 1,2009; or
(ii) revoke, until the person is 21 years of age or for a period of two years, the driverlicense of a person if:
(A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(B) the current violation under Subsection (2) is committed:
(I) within a period of 10 years after the date of the prior violation; and
(II) on or after July 1, 2009;
(c) subtract from any suspension or revocation period the number of days for which alicense was previously suspended under Section 53-3-223 or 53-3-231, if the previous suspensionwas based on the same occurrence upon which the record of conviction is based; and
(d) deny, suspend, or revoke a person's license for the denial and suspension periods ineffect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that wascommitted prior to July 1, 2009.
(7) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered screening and assessment, educational series, andsubstance abuse treatment; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification, the division shall suspend the person's drivingprivilege in accordance with Subsections 53-3-221(2) and (3).
(8) The court shall order supervised probation in accordance with Section 41-6a-507 fora person convicted under Subsection (2).
Amended by Chapter 390, 2009 General Session