2006 Utah Code - 41-6a-505 — Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations.

     41-6a-505.   Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations.
     (1) As part of any sentence for a first conviction of Section 41-6a-502:
     (a) the court shall:
     (i) (A) impose a jail sentence of not less than 48 consecutive hours;
     (B) require the person to work in a compensatory-service work program for not less than 48 hours; or
     (C) require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506;
     (ii) order the person to participate in a screening;
     (iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii);
     (iv) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (1)(b);
     (v) impose a fine of not less than $700; and
     (vi) order probation for the person in accordance with Section 41-6a-507, if there is admissible evidence that the person had a blood alcohol level of .16 or higher; and
     (b) the court may:
     (i) order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; or
     (ii) order probation for the person in accordance with Section 41-6a-507.
     (2) If a person is convicted under Section 41-6a-502 within ten years of a prior conviction as defined in Subsection 41-6a-501(2):
     (a) the court shall:
     (i) (A) impose a jail sentence of not less than 240 consecutive hours;
     (B) require the person to work in a compensatory-service work program for not less than 240 hours; or
     (C) require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506;
     (ii) order the person to participate in a screening;
     (iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii);
     (iv) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b);
     (v) impose a fine of not less than $800; and
     (vi) order probation for the person in accordance with Section 41-6a-507; and
     (b) the court may order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate.
     (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison sentence and places the defendant on probation:
     (a) the court shall impose:
     (i) a fine of not less than $1,500;
     (ii) a jail sentence of not less than 1,500 hours;
     (iii) supervised probation; and
     (iv) an order requiring the person to obtain a screening and assessment and substance

abuse treatment at a substance abuse treatment program providing intensive care or inpatient treatment and long-term closely supervised follow-through after treatment for not less than 240 hours; and
     (b) the court may require the person to participate in home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.
     (4) (a) The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
     (b) Probation or parole resulting from a conviction for a violation under this section may not be terminated.
     (5) If a person is convicted of a violation of Section 41-6a-502 and there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court shall order the following, or describe on record why the order or orders are not appropriate:
     (a) treatment as described under Subsection (1)(b), (2)(b), or (3)(a)(iv); and
     (b) one or both of the following:
     (i) the installation of an ignition interlock system as a condition of probation for the person in accordance with Section 41-6a-518; or
     (ii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.

Enacted by Chapter 2, 2005 General Session