State Codes and Statutes
Statutes > Utah > Title-41 > Chapter-06a > 41-6a-50941-6a-509. Driver license suspension or revocation for a driving under theinfluence violation.
(1) (a) The Driver License Division shall:
(i) if the person is 21 years of age or older at the time of arrest:
(A) suspend for a period of 120 days the operator's license of a person convicted for thefirst time under Section 41-6a-502 of an offense committed on or after July 1, 2009; and
(B) revoke for a period of two years the license of a person if:
(I) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(II) the current driving under the influence violation under Section 41-6a-502 iscommitted:
(Aa) within a period of 10 years from the date of the prior violation; and
(Bb) on or after July 1, 2009;
(ii) if the person is under 21 years of age at the time of arrest:
(A) suspend the person's driver license until the person is 21 years of age or for a periodof 120 days, whichever is longer, if the person is convicted for the first time of a driving underthe influence violation under Section 41-6a-502 of an offense that was committed on or after July1, 2009;
(B) deny the person's application for a license or learner's permit until the person is 21years of age or for a period of 120 days, whichever is longer, if the person:
(I) is convicted for the first time of a driving under the influence violation under Section41-6a-502 of an offense committed on or after July 1, 2009; and
(II) has not been issued an operator license;
(C) revoke the person's driver license until the person is 21 years of age or for a period oftwo years, whichever is longer, if:
(I) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
(II) the current driving under the influence violation under Section 41-6a-502 iscommitted:
(Aa) within a period of 10 years from the date of the prior violation; and
(Bb) on or after July 1, 2009; or
(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 a prior conviction as defined under Subsection 41-6a-501(2);
(II) the current driving under the influence violation under Section 41-6a-502 iscommitted:
(Aa) within a period of 10 years from the date of the prior violation; and
(Bb) on or after July 1, 2009; and
(III) the person has not been issued an operator license; and
(iii) suspend or revoke the license of a person as ordered by the court under Subsection(2).
(b) The Driver License Division shall suspend the operator's license of a personconvicted under Section 41-6a-502 of an offense that was committed prior to July 1, 2009, forthe suspension periods in effect prior to July 1, 2009.
(c) The Driver License Division shall subtract from any suspension or revocation periodthe number of days for which a license was previously suspended under Section 53-3-223 or53-3-231, if the previous suspension was based on the same occurrence upon which the record of
conviction is based.
(d) If a conviction recorded as impaired driving is amended to a driving under theinfluence conviction under Section 41-6a-502 in accordance with Subsection41-6a-502.5(3)(a)(ii), the Driver License Division:
(i) may not subtract from any suspension or revocation any time for which a license waspreviously suspended or revoked under Section 53-3-223 or 53-3-231; and
(ii) shall start the suspension or revocation time under Subsection (1)(a) on the date ofthe amended conviction.
(2) (a) (i) In addition to any other penalties provided in this section, a court may order theoperator's license of a person who is convicted of a violation of Section 41-6a-502 to besuspended or revoked for an additional period of 90 days, 180 days, one year, or two years toremove from the highways those persons who have shown they are safety hazards.
(ii) The additional suspension or revocation period provided in this Subsection (2) shallbegin the date on which the individual would be eligible to reinstate the individual's drivingprivilege for a violation of Section 41-6a-502.
(b) If the court suspends or revokes the person's license under this Subsection (2), thecourt shall prepare and send to the Driver License Division an order to suspend or revoke thatperson's driving privileges for a specified period of time.
(3) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening;
(B) assessment;
(C) educational series;
(D) substance abuse treatment; and
(E) hours of work in a compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification described in Subsection (3)(a), the division shallsuspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
Amended by Chapter 201, 2009 General Session
Amended by Chapter 390, 2009 General Session
