State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-03 > 53-3-223

53-3-223. Chemical test for driving under the influence -- Temporary license --Hearing and decision -- Suspension and fee -- Judicial review.
(1) (a) If a peace officer has reasonable grounds to believe that a person may be violatingor has violated Section 41-6a-502, prohibiting the operation of a vehicle with a certain blood orbreath alcohol concentration and driving under the influence of any drug, alcohol, or combinationof a drug and alcohol or while having any measurable controlled substance or metabolite of acontrolled substance in the person's body in violation of Section 41-6a-517, the peace officermay, in connection with arresting the person, request that the person submit to a chemical test ortests to be administered in compliance with the standards under Section 41-6a-520.
(b) In this section, a reference to Section 41-6a-502 includes any similar local ordinanceadopted in compliance with Subsection 41-6a-510(1).
(2) The peace officer shall advise a person prior to the person's submission to a chemicaltest that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall, and theexistence of a blood alcohol content sufficient to render the person incapable of safely driving amotor vehicle may, result in suspension or revocation of the person's license to drive a motorvehicle.
(3) If the person submits to a chemical test and the test results indicate a blood or breathalcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes adetermination, based on reasonable grounds, that the person is otherwise in violation of Section41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, givenotice of the division's intention to suspend the person's license to drive a motor vehicle.
(4) (a) When a peace officer gives notice on behalf of the division, the peace officershall:
(i) take the Utah license certificate or permit, if any, of the driver;
(ii) issue a temporary license certificate effective for only 29 days from the date of arrest;and
(iii) supply to the driver, in a manner specified by the division, basic informationregarding how to obtain a prompt hearing before the division.
(b) A citation issued by a peace officer may, if provided in a manner specified by thedivision, also serve as the temporary license certificate.
(5) 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 license certificate;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the division indicating the chemical testresults, if any; and
(d) any other basis for the peace officer's determination that the person has violatedSection 41-6a-502 or 41-6a-517.
(6) (a) Upon request in a manner specified by the division, the division shall grant to theperson an opportunity to be heard within 29 days after the date of arrest. The request to be heardshall be made within 10 calendar days of the day on which notice is provided under Subsection(5).
(b) (i) Except as provided in Subsection (6)(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 driving amotor vehicle in violation of Section 41-6a-502 or 41-6a-517;
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses andthe production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund inaccordance with the rates established in Section 78B-1-119.
(e) The division may designate one or more employees to conduct the hearing.
(f) Any decision made after a hearing before any designated employee is as valid as ifmade by the division.
(7) (a) If, after a hearing, the division determines that a peace officer had reasonablegrounds to believe that the person was driving a motor vehicle in violation of Section 41-6a-502or 41-6a-517, if the person failed to appear before the division as required in the notice, or if ahearing is not requested under this section, the division shall:
(i) if the person is 21 years of age or older at the time of arrest and the arrest was madeon or after July 1, 2009, suspend the person's license or permit to operate a motor vehicle for aperiod of:
(A) 120 days beginning on the 30th day after the date of arrest for a first suspension; or
(B) two years beginning on the 30th day after the date of arrest for a second orsubsequent suspension for an offense that occurred within the previous 10 years; or
(ii) if the person is under 21 years of age at the time of arrest and the arrest was made onor after July 1, 2009:
(A) suspend the person's license or permit to operate a motor vehicle:
(I) until the person is 21 years of age or for a period of 120 days, whichever is longer,beginning on the 30th day after the date of arrest for a first suspension; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,beginning on the 30th day after the date of arrest for a second or subsequent suspension for anoffense that occurred within the previous 10 years; or
(B) deny the person's application for a license or learner's permit:
(I) until the person is 21 years of age or for a period of 120 days, whichever is longer, fora first suspension if the person has not been issued an operator license; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,beginning on the 30th day after the date of arrest for a second or subsequent suspension for anoffense that occurred within the previous 10 years.
(b) The division shall deny or suspend a person's license for the denial and suspensionperiods in effect prior to July 1, 2009, for an offense that was committed prior to July 1, 2009.
(c) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shallreinstate a person's license prior to completion of the 120 day suspension period imposed under

Subsection (7)(a)(i)(A):
(A) immediately upon receiving written verification of the person's dismissal of a chargefor a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received prior tocompletion of the suspension period; or
(B) no sooner than 60 days beginning on the 30th day after the date of arrest uponreceiving written verification of the person's reduction of a charge for a violation of Section41-6a-502 or 41-6a-517, if the written verification is received prior to completion of thesuspension period.
(ii) Notwithstanding the provisions in Subsection (7)(a)(i) or (7)(b)(i), the division shallreinstate a person's license prior to completion of the 90-day suspension period imposed underSubsection (7)(a)(i) immediately upon receiving written verification of the person's conviction ofimpaired driving under Section 41-6a-502.5 if:
(A) the written verification is received prior to completion of the suspension period; and
(B) the reporting court notifies the Driver License Division that the defendant isparticipating in or has successfully completed the program of a driving under the influence courtas defined in Section 41-6a-501.
(iii) If a person's license is reinstated under this Subsection (7)(c), the person is requiredto pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
(iv) The driver license reinstatements authorized under this Subsection (7)(c) only applyto a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
(8) (a) The division shall assess against a person, in addition to any fee imposed underSubsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to coveradministrative costs, which shall be paid before the person's driving privilege is reinstated. Thisfee shall be cancelled if the person obtains an unappealed division hearing or court decision thatthe suspension was not proper.
(b) A person whose license has been suspended by the division under this sectionfollowing an administrative hearing may file a petition within 30 days after the suspension for ahearing on the matter which, if held, is governed by Section 53-3-224.

Amended by Chapter 40, 2009 General Session
Amended by Chapter 201, 2009 General Session
Amended by Chapter 390, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-03 > 53-3-223

53-3-223. Chemical test for driving under the influence -- Temporary license --Hearing and decision -- Suspension and fee -- Judicial review.
(1) (a) If a peace officer has reasonable grounds to believe that a person may be violatingor has violated Section 41-6a-502, prohibiting the operation of a vehicle with a certain blood orbreath alcohol concentration and driving under the influence of any drug, alcohol, or combinationof a drug and alcohol or while having any measurable controlled substance or metabolite of acontrolled substance in the person's body in violation of Section 41-6a-517, the peace officermay, in connection with arresting the person, request that the person submit to a chemical test ortests to be administered in compliance with the standards under Section 41-6a-520.
(b) In this section, a reference to Section 41-6a-502 includes any similar local ordinanceadopted in compliance with Subsection 41-6a-510(1).
(2) The peace officer shall advise a person prior to the person's submission to a chemicaltest that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall, and theexistence of a blood alcohol content sufficient to render the person incapable of safely driving amotor vehicle may, result in suspension or revocation of the person's license to drive a motorvehicle.
(3) If the person submits to a chemical test and the test results indicate a blood or breathalcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes adetermination, based on reasonable grounds, that the person is otherwise in violation of Section41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, givenotice of the division's intention to suspend the person's license to drive a motor vehicle.
(4) (a) When a peace officer gives notice on behalf of the division, the peace officershall:
(i) take the Utah license certificate or permit, if any, of the driver;
(ii) issue a temporary license certificate effective for only 29 days from the date of arrest;and
(iii) supply to the driver, in a manner specified by the division, basic informationregarding how to obtain a prompt hearing before the division.
(b) A citation issued by a peace officer may, if provided in a manner specified by thedivision, also serve as the temporary license certificate.
(5) 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 license certificate;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the division indicating the chemical testresults, if any; and
(d) any other basis for the peace officer's determination that the person has violatedSection 41-6a-502 or 41-6a-517.
(6) (a) Upon request in a manner specified by the division, the division shall grant to theperson an opportunity to be heard within 29 days after the date of arrest. The request to be heardshall be made within 10 calendar days of the day on which notice is provided under Subsection(5).
(b) (i) Except as provided in Subsection (6)(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 driving amotor vehicle in violation of Section 41-6a-502 or 41-6a-517;
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses andthe production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund inaccordance with the rates established in Section 78B-1-119.
(e) The division may designate one or more employees to conduct the hearing.
(f) Any decision made after a hearing before any designated employee is as valid as ifmade by the division.
(7) (a) If, after a hearing, the division determines that a peace officer had reasonablegrounds to believe that the person was driving a motor vehicle in violation of Section 41-6a-502or 41-6a-517, if the person failed to appear before the division as required in the notice, or if ahearing is not requested under this section, the division shall:
(i) if the person is 21 years of age or older at the time of arrest and the arrest was madeon or after July 1, 2009, suspend the person's license or permit to operate a motor vehicle for aperiod of:
(A) 120 days beginning on the 30th day after the date of arrest for a first suspension; or
(B) two years beginning on the 30th day after the date of arrest for a second orsubsequent suspension for an offense that occurred within the previous 10 years; or
(ii) if the person is under 21 years of age at the time of arrest and the arrest was made onor after July 1, 2009:
(A) suspend the person's license or permit to operate a motor vehicle:
(I) until the person is 21 years of age or for a period of 120 days, whichever is longer,beginning on the 30th day after the date of arrest for a first suspension; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,beginning on the 30th day after the date of arrest for a second or subsequent suspension for anoffense that occurred within the previous 10 years; or
(B) deny the person's application for a license or learner's permit:
(I) until the person is 21 years of age or for a period of 120 days, whichever is longer, fora first suspension if the person has not been issued an operator license; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,beginning on the 30th day after the date of arrest for a second or subsequent suspension for anoffense that occurred within the previous 10 years.
(b) The division shall deny or suspend a person's license for the denial and suspensionperiods in effect prior to July 1, 2009, for an offense that was committed prior to July 1, 2009.
(c) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shallreinstate a person's license prior to completion of the 120 day suspension period imposed under

Subsection (7)(a)(i)(A):
(A) immediately upon receiving written verification of the person's dismissal of a chargefor a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received prior tocompletion of the suspension period; or
(B) no sooner than 60 days beginning on the 30th day after the date of arrest uponreceiving written verification of the person's reduction of a charge for a violation of Section41-6a-502 or 41-6a-517, if the written verification is received prior to completion of thesuspension period.
(ii) Notwithstanding the provisions in Subsection (7)(a)(i) or (7)(b)(i), the division shallreinstate a person's license prior to completion of the 90-day suspension period imposed underSubsection (7)(a)(i) immediately upon receiving written verification of the person's conviction ofimpaired driving under Section 41-6a-502.5 if:
(A) the written verification is received prior to completion of the suspension period; and
(B) the reporting court notifies the Driver License Division that the defendant isparticipating in or has successfully completed the program of a driving under the influence courtas defined in Section 41-6a-501.
(iii) If a person's license is reinstated under this Subsection (7)(c), the person is requiredto pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
(iv) The driver license reinstatements authorized under this Subsection (7)(c) only applyto a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
(8) (a) The division shall assess against a person, in addition to any fee imposed underSubsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to coveradministrative costs, which shall be paid before the person's driving privilege is reinstated. Thisfee shall be cancelled if the person obtains an unappealed division hearing or court decision thatthe suspension was not proper.
(b) A person whose license has been suspended by the division under this sectionfollowing an administrative hearing may file a petition within 30 days after the suspension for ahearing on the matter which, if held, is governed by Section 53-3-224.

Amended by Chapter 40, 2009 General Session
Amended by Chapter 201, 2009 General Session
Amended by Chapter 390, 2009 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-03 > 53-3-223

53-3-223. Chemical test for driving under the influence -- Temporary license --Hearing and decision -- Suspension and fee -- Judicial review.
(1) (a) If a peace officer has reasonable grounds to believe that a person may be violatingor has violated Section 41-6a-502, prohibiting the operation of a vehicle with a certain blood orbreath alcohol concentration and driving under the influence of any drug, alcohol, or combinationof a drug and alcohol or while having any measurable controlled substance or metabolite of acontrolled substance in the person's body in violation of Section 41-6a-517, the peace officermay, in connection with arresting the person, request that the person submit to a chemical test ortests to be administered in compliance with the standards under Section 41-6a-520.
(b) In this section, a reference to Section 41-6a-502 includes any similar local ordinanceadopted in compliance with Subsection 41-6a-510(1).
(2) The peace officer shall advise a person prior to the person's submission to a chemicaltest that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall, and theexistence of a blood alcohol content sufficient to render the person incapable of safely driving amotor vehicle may, result in suspension or revocation of the person's license to drive a motorvehicle.
(3) If the person submits to a chemical test and the test results indicate a blood or breathalcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes adetermination, based on reasonable grounds, that the person is otherwise in violation of Section41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, givenotice of the division's intention to suspend the person's license to drive a motor vehicle.
(4) (a) When a peace officer gives notice on behalf of the division, the peace officershall:
(i) take the Utah license certificate or permit, if any, of the driver;
(ii) issue a temporary license certificate effective for only 29 days from the date of arrest;and
(iii) supply to the driver, in a manner specified by the division, basic informationregarding how to obtain a prompt hearing before the division.
(b) A citation issued by a peace officer may, if provided in a manner specified by thedivision, also serve as the temporary license certificate.
(5) 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 license certificate;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the division indicating the chemical testresults, if any; and
(d) any other basis for the peace officer's determination that the person has violatedSection 41-6a-502 or 41-6a-517.
(6) (a) Upon request in a manner specified by the division, the division shall grant to theperson an opportunity to be heard within 29 days after the date of arrest. The request to be heardshall be made within 10 calendar days of the day on which notice is provided under Subsection(5).
(b) (i) Except as provided in Subsection (6)(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 driving amotor vehicle in violation of Section 41-6a-502 or 41-6a-517;
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses andthe production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund inaccordance with the rates established in Section 78B-1-119.
(e) The division may designate one or more employees to conduct the hearing.
(f) Any decision made after a hearing before any designated employee is as valid as ifmade by the division.
(7) (a) If, after a hearing, the division determines that a peace officer had reasonablegrounds to believe that the person was driving a motor vehicle in violation of Section 41-6a-502or 41-6a-517, if the person failed to appear before the division as required in the notice, or if ahearing is not requested under this section, the division shall:
(i) if the person is 21 years of age or older at the time of arrest and the arrest was madeon or after July 1, 2009, suspend the person's license or permit to operate a motor vehicle for aperiod of:
(A) 120 days beginning on the 30th day after the date of arrest for a first suspension; or
(B) two years beginning on the 30th day after the date of arrest for a second orsubsequent suspension for an offense that occurred within the previous 10 years; or
(ii) if the person is under 21 years of age at the time of arrest and the arrest was made onor after July 1, 2009:
(A) suspend the person's license or permit to operate a motor vehicle:
(I) until the person is 21 years of age or for a period of 120 days, whichever is longer,beginning on the 30th day after the date of arrest for a first suspension; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,beginning on the 30th day after the date of arrest for a second or subsequent suspension for anoffense that occurred within the previous 10 years; or
(B) deny the person's application for a license or learner's permit:
(I) until the person is 21 years of age or for a period of 120 days, whichever is longer, fora first suspension if the person has not been issued an operator license; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer,beginning on the 30th day after the date of arrest for a second or subsequent suspension for anoffense that occurred within the previous 10 years.
(b) The division shall deny or suspend a person's license for the denial and suspensionperiods in effect prior to July 1, 2009, for an offense that was committed prior to July 1, 2009.
(c) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shallreinstate a person's license prior to completion of the 120 day suspension period imposed under

Subsection (7)(a)(i)(A):
(A) immediately upon receiving written verification of the person's dismissal of a chargefor a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received prior tocompletion of the suspension period; or
(B) no sooner than 60 days beginning on the 30th day after the date of arrest uponreceiving written verification of the person's reduction of a charge for a violation of Section41-6a-502 or 41-6a-517, if the written verification is received prior to completion of thesuspension period.
(ii) Notwithstanding the provisions in Subsection (7)(a)(i) or (7)(b)(i), the division shallreinstate a person's license prior to completion of the 90-day suspension period imposed underSubsection (7)(a)(i) immediately upon receiving written verification of the person's conviction ofimpaired driving under Section 41-6a-502.5 if:
(A) the written verification is received prior to completion of the suspension period; and
(B) the reporting court notifies the Driver License Division that the defendant isparticipating in or has successfully completed the program of a driving under the influence courtas defined in Section 41-6a-501.
(iii) If a person's license is reinstated under this Subsection (7)(c), the person is requiredto pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
(iv) The driver license reinstatements authorized under this Subsection (7)(c) only applyto a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
(8) (a) The division shall assess against a person, in addition to any fee imposed underSubsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to coveradministrative costs, which shall be paid before the person's driving privilege is reinstated. Thisfee shall be cancelled if the person obtains an unappealed division hearing or court decision thatthe suspension was not proper.
(b) A person whose license has been suspended by the division under this sectionfollowing an administrative hearing may file a petition within 30 days after the suspension for ahearing on the matter which, if held, is governed by Section 53-3-224.

Amended by Chapter 40, 2009 General Session
Amended by Chapter 201, 2009 General Session
Amended by Chapter 390, 2009 General Session


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