2006 Utah Code - 77-2a-3.1 — Restrictions on pleas to driving under the influence violations.

     77-2a-3.1.   Restrictions on pleas to driving under the influence violations.
     (1) As used in this section, a "driving under the influence court" means an intensive judicially supervised treatment program:
     (a) as defined by rules of the Utah Judicial Council; and
     (b) that has been approved by the Utah Judicial Council as a driving under the influence court.
     (2) (a) A plea may not be held in abeyance in any case involving a driving under the influence violation under Section 41-6a-502 that is punishable as a felony or class A misdemeanor.
     (b) A plea to a driving under the influence violation under Section 41-6a-502 that is punishable as a class B misdemeanor may not be held in abeyance unless:
     (i) (A) the plea is entered pursuant to participation in a driving under the influence court; and
     (B) the plea is approved by the district attorney, county attorney, attorney general, or chief prosecutor of a municipality; or
     (ii) evidentiary issues or other circumstances justify resolution of the case with a plea in abeyance.
     (3) A plea to a driving under the influence violation under Section 41-6a-502 may not be dismissed or entered as a conviction of a lesser offense pursuant to Subsection (2)(b)(i) if the defendant:
     (a) has been convicted of any other violation which is defined as a conviction under Subsection 41-6a-501(2);
     (b) has had a plea to any other violation of Section 41-6a-502 held in abeyance; or
     (c) in the current case:
     (i) operated a vehicle in a negligent manner proximately resulting in bodily injury to another or property damage to an extent requiring reporting to a law enforcement agency under Section 41-6a-401;
     (ii) had a blood or breath alcohol level of .16 or higher; or
     (iii) had a passenger under 18 years of age in the vehicle at the time of the offense.

Amended by Chapter 341, 2006 General Session