53-3-231 (Superseded 07/01/11) - Person under 21 may not operate a vehicle or motorboat with detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing and decision -- Susp
53-3-231 (Superseded 07/01/11). Person under 21 may not operate a vehicle ormotorboat with detectable alcohol in body -- Chemical test procedures -- Temporarylicense -- Hearing and decision -- Suspension of license or operating privilege -- Fees --Judicial review -- Referral to local substance abuse authority or program.
(1) (a) As used in this section:
(i) "Local substance abuse authority" has the same meaning as provided in Section62A-15-102.
(ii) "Substance abuse program" means any substance abuse program licensed by theDepartment of Human Services or the Department of Health and approved by the local substanceabuse authority.
(b) Calculations of blood, breath, or urine alcohol concentration under this section shallbe made in accordance with the procedures in Subsection 41-6a-502(1).
(2) (a) A person younger than 21 years of age may not operate or be in actual physicalcontrol of a vehicle or motorboat with any measurable blood, breath, or urine alcoholconcentration in the person's body as shown by a chemical test.
(b) A person who violates Subsection (2)(a), in addition to any other applicable penaltiesarising out of the incident, shall have the person's operator license denied or suspended asprovided in Subsection (8).
(3) (a) When a peace officer has reasonable grounds to believe that a person may beviolating or has violated Subsection (2), the peace officer may, in connection with arresting theperson for a violation of Section 32A-12-209, request that the person submit to a chemical test ortests to be administered in compliance with the standards under Section 41-6a-520.
(b) The peace officer shall advise a person prior to the person's submission to a chemicaltest that a test result indicating a violation of Subsection (2)(a) will result in denial or suspensionof the person's license to operate a motor vehicle or a refusal to issue a license.
(c) If the person submits to a chemical test and the test results indicate a blood, breath, orurine alcohol content in violation of Subsection (2)(a), or if a peace officer makes adetermination, based on reasonable grounds, that the person is otherwise in violation ofSubsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of thearrest, give notice of the division's intention to deny or suspend the person's license to operate avehicle or refusal to issue a license under this section.
(4) When a peace officer gives notice on behalf of the division, the peace officer shall:
(a) take the Utah license certificate or permit, if any, of the operator;
(b) issue a temporary license certificate effective for only 29 days from the date of arrestif the driver had a valid operator's license; and
(c) supply to the operator, in a manner specified by the division, basic informationregarding how to obtain a prompt hearing before the division.
(5) A citation issued by a peace officer may, if provided in a manner specified by thedivision, also serve as the temporary license certificate under Subsection (4)(b).
(6) As a matter of procedure, a peace officer shall send to the division within 10 calendardays after the day on which notice is provided:
(a) the person's driver license certificate, if any;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the Driver License Division indicating thechemical test results, if any; and
(d) any other basis for a peace officer's determination that the person has violatedSubsection (2).
(7) (a) (i) Upon request in a manner specified by the division, the Driver LicenseDivision shall grant to the person an opportunity to be heard within 29 days after the date ofarrest under Section 32A-12-209.
(ii) The request shall be made within 10 calendar days of the day on which notice isprovided.
(b) (i) Except as provided in Subsection (7)(b)(ii), a hearing, if held, shall be before thedivision in:
(A) the county in which the arrest occurred; or
(B) a county that is adjacent to the county in which the arrest occurred.
(ii) The division may hold a hearing in some other county if the division and the personboth agree.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was operating amotor vehicle or motorboat in violation of Subsection (2)(a);
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) In connection with a hearing, the division or its authorized agent may administeroaths and may issue subpoenas for the attendance of witnesses and the production of relevantbooks and papers and records as defined in Section 46-4-102.
(e) One or more members of the division may conduct the hearing.
(f) Any decision made after a hearing before any number of the members of the divisionis as valid as if made after a hearing before the full membership of the division.
(8) If, after a hearing, the division determines that a peace officer had reasonable groundsto believe that the person was driving a motor vehicle in violation of Subsection (2)(a), if theperson fails to appear before the division as required in the notice, or if the person does notrequest a hearing under this section, the division shall:
(a) deny the person's license until the person is 21 years of age or for a period of 120days, whichever is longer, beginning on the 30th day after the date of arrest for a first offenseunder Subsection (2)(a) committed on or after July 1, 2009;
(b) suspend the person's license until the person is 21 years of age or for a period of twoyears, whichever is longer, beginning on the 30th day after the date of arrest for a second orsubsequent offense under Subsection (2)(a):
(i) within 10 years of a prior denial or suspension; and
(ii) committed on or after July 1, 2009;
(c) deny the person's application for a license or learner's permit until the person is 21years of age or for a period of one year, whichever is longer, if:
(i) the person has not been issued an operator license; and
(ii) the suspension is for a first offense under Subsection (2)(a) committed on or afterJuly 1, 2009;
(d) deny the person's application for a license or learner's permit until the person is 21years of age or for a period of two years, whichever is longer, if:
(i) the person has not been issued an operator license; and
(ii) the suspension is for a second or subsequent offense under Subsection (2)(a):
(A) within 10 years of a prior denial or suspension; and
(B) committed on or after July 1, 2009; or
(e) deny or suspend a person's license for the denial and suspension periods in effectprior to July 1, 2009, for a violation under Subsection (2)(a) that was committed prior to July 1,2009.
(9) (a) (i) Following denial or suspension the division shall assess against a person, inaddition to any fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, whichshall be paid before the person's driving privilege is reinstated, to cover administrative costs.
(ii) This fee shall be canceled if the person obtains an unappealed division hearing orcourt decision that the suspension was not proper.
(b) A person whose operator license has been denied, suspended, or postponed by thedivision under this section following an administrative hearing may file a petition within 30 daysafter the suspension for a hearing on the matter which, if held, is governed by Section 53-3-224.
(10) After reinstatement of an operator license for a first offense under this section, areport authorized under Section 53-3-104 may not contain evidence of the denial or suspensionof the person's operator license under this section if the person has not been convicted of anyother offense for which the denial or suspension may be extended.
(11) (a) In addition to the penalties in Subsection (8), a person who violates Subsection(2)(a) shall:
(i) obtain an assessment and recommendation for appropriate action from a substanceabuse program, but any associated costs shall be the person's responsibility; or
(ii) be referred by the division to the local substance abuse authority for an assessmentand recommendation for appropriate action.
(b) (i) Reinstatement of the person's operator license or the right to obtain an operatorlicense within five years of the effective date of the license sanction under Subsection (8) iscontingent upon successful completion of the action recommended by the local substance abuseauthority or the substance abuse program.
(ii) The local substance abuse authority's or the substance abuse program's recommendedaction shall be determined by an assessment of the person's alcohol abuse and may include:
(A) a targeted education and prevention program;
(B) an early intervention program; or
(C) a substance abuse treatment program.
(iii) Successful completion of the recommended action shall be determined by standardsestablished by the Division of Substance Abuse and Mental Health.
(c) At the conclusion of the penalty period imposed under Subsection (2), the localsubstance abuse authority or the substance abuse program shall notify the division of the person'sstatus regarding completion of the recommended action.
(d) The local substance abuse authorities and the substance abuse programs shallcooperate with the division in:
(i) conducting the assessments;
(ii) making appropriate recommendations for action; and
(iii) notifying the division about the person's status regarding completion of therecommended action.
(e) (i) The local substance abuse authority is responsible for the cost of the assessment ofthe person's alcohol abuse, if the assessment is conducted by the local substance abuse authority.
(ii) The local substance abuse authority or a substance abuse program selected by aperson is responsible for:
(A) conducting an assessment of the person's alcohol abuse; and
(B) for making a referral to an appropriate program on the basis of the findings of theassessment.
(iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and feesassociated with the recommended program to which the person selected or is referred.
(B) The costs and fees under Subsection (11)(e)(iii)(A) shall be based on a sliding scaleconsistent with the local substance abuse authority's policies and practices regarding fees forservices or determined by the substance abuse program.
Amended by Chapter 18, 2009 General Session
Amended by Chapter 40, 2009 General Session
Amended by Chapter 390, 2009 General Session