2006 Utah Code - 41-6a-529 — Definitions -- Alcohol restricted drivers.

     41-6a-529.   Definitions -- Alcohol restricted drivers.
     (1) As used in this section and section 41-6a-530, "alcohol restricted driver" means a person who:
     (a) within the last two years:
     (i) has been convicted of:
     (A) a misdemeanor violation of Section 41-6a-502;
     (B) alcohol, any drug, or a combination of both-related reckless driving under Section 41-6a-512;
     (C) local ordinances similar to Section 41-6a-502 or alcohol, any drug, or a combination of both-related reckless driving adopted in compliance with Section 41-6a-510;
     (D) a violation described in Subsections (1)(a)(i)(A) through (C), which judgment of conviction is reduced under Section 76-3-402; or
     (E) statutes or ordinances previously in effect in this state or in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of both-related reckless driving if committed in this state, including punishments administered under 10 U.S.C. Sec. 815; or
     (ii) has had the person's driving privilege suspended under Section 53-3-223 for an alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
     (b) within the last five years:
     (i) has had the person's driving privilege revoked for refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred on or after July 1, 2005; or
     (ii) (A) has been convicted of an offense described in Subsection (1)(a)(i); and
     (B) at the time of operation or actual physical control of a vehicle the person:
     (I) is 21 years of age or older; and
     (II) has a passenger under 16 years of age in the vehicle;
     (c) within the last ten years:
     (i) has been convicted of an offense described in Subsection (1)(a)(i) which conviction was within ten years of a prior conviction for an offense described in Subsection (1)(a)(i); or
     (ii) has had the person's driving privilege revoked for refusal to submit to a chemical test and the refusal is within ten years after:
     (A) a prior refusal to submit to a chemical test under Section 41-6a-520; or
     (B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not based on the same arrest as the refusal; or
     (d) at any time has been convicted of:
     (i) automobile homicide under Section 76-5-207 for an offense that occurred on or after July 1, 2005; or
     (ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July 1, 2005.
     (2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to a violation described in Subsection (1)(a)(i) which plea is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

Amended by Chapter 341, 2006 General Session