2006 Utah Code - 53-3-223 — Chemical test for driving under the influence -- Temporary license -- Hearing and decision -- Suspension and fee -- Judicial review.

     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 violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a certain blood or breath alcohol concentration and driving under the influence of any drug, alcohol, or combination of a drug and alcohol or while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6a-517, the peace officer may, in connection with arresting the person, request that the person submit to a chemical test or tests 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 ordinance adopted in compliance with Subsection 41-6a-510(1).
     (2) The peace officer shall advise a person prior to the person's submission to a chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall, and the existence of a blood alcohol content sufficient to render the person incapable of safely driving a motor vehicle may, result in suspension or revocation of the person's license to drive a motor vehicle.
     (3) If the person submits to a chemical test and the test results indicate a blood or breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes a determination, based on reasonable grounds, that the person is otherwise in violation of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice 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 officer shall:
     (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 information regarding 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 the division, also serve as the temporary license certificate.
     (5) As a matter of procedure, a peace officer shall send to the division within ten calendar days 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 test results, if any; and
     (d) any other basis for the peace officer's determination that the person has violated Section 41-6a-502 or 41-6a-517.
     (6) (a) Upon request in a manner specified by the division, the division shall grant to the person an opportunity to be heard within 29 days after the date of arrest. The request to be heard shall be made within ten 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 the division in the county in which the arrest occurred.
     (ii) The division may hold a hearing in some other county if the division and the person

both 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 a motor 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 and the 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 in accordance with the rates established in Section 78-46-28.
     (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 if made by the division.
     (g) After the hearing, the division shall order whether the person's license to drive a motor vehicle is suspended or not.
     (h) If the person for whom the hearing is held fails to appear before the division as required in the notice, the division shall order whether the person's license to drive a motor vehicle is suspended or not.
     (7) (a) A first suspension, whether ordered or not challenged under this Subsection (7), is for a period of 90 days, beginning on the 30th day after the date of the arrest.
     (b) A second or subsequent suspension for an offense that occurred within the previous ten years under this Subsection (7) is for a period of one year, beginning on the 30th day after the date of arrest.
     (8) (a) The division shall assess against a person, in addition to any fee imposed under Subsection 53-3-205(13) for driving under the influence, a fee under Section 53-3-105 to cover administrative costs, which shall be paid before the person's driving privilege is reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or court decision that the suspension was not proper.
     (b) A person whose license has been suspended by the division under this section may file a petition within 30 days after the suspension for a hearing on the matter which, if held, is governed by Section 53-3-224.

Amended by Chapter 2, 2005 General Session