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2020 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 5 - Driving Under the Influence and Reckless Driving
Section 505 - Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations.
Universal Citation: UT Code § 41-6a-505 (2020)
Effective 5/14/2019
41-6a-505. Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations.
Amended by Chapter 136, 2019 General Session
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; or
- (B) require the individual to work in a compensatory-service work program for not less than 48 hours;
- (ii) order the individual to participate in a screening;
- (iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii);
- (iv) order the individual 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;
- (vi) order probation for the individual in accordance with Section 41-6a-507, if there is admissible evidence that the individual had a blood alcohol level of .16 or higher;
- (vii)
- (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or
- (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or
- (viii)
- (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or
- (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
- (i)
- (b) the court may:
- (i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;
- (ii) order probation for the individual in accordance with Section 41-6a-507;
- (iii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or
- (iv) order a combination of Subsections (1)(b)(i) through (iii).
- (a) the court shall:
- (2) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction is based:
- (a) the court shall:
- (i)
- (A) impose a jail sentence of not less than 240 hours; or
- (B) impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;
- (ii) order the individual to participate in a screening;
- (iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii);
- (iv) order the individual 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;
- (vi) order probation for the individual in accordance with Section 41-6a-507;
- (vii)
- (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or
- (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or
- (viii)
- (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or
- (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and
- (i)
- (b) the court may:
- (i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;
- (ii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or
- (iii) order a combination of Subsections (2)(b)(i) and (ii).
- (a) the court shall:
- (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison sentence and places the defendant on probation, the court shall impose:
- (a) a fine of not less than $1,500;
- (b) a jail sentence of not less than 1,500 hours; and
- (c) supervised probation.
- (4) For Subsection (3) or Subsection 41-6a-503(2)(b), the court:
- (a) shall impose an order requiring the individual to obtain a screening and assessment for alcohol and substance abuse, and treatment as appropriate; and
- (b) may impose an order requiring the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older.
- (5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.
- (6) If an individual is convicted of a violation of Section 41-6a-502 and there is admissible evidence that the individual 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 (4); and
- (b) one or more of the following:
- (i) the installation of an ignition interlock system as a condition of probation for the individual in accordance with Section 41-6a-518;
- (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the individual; or
- (iii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.
Amended by Chapter 136, 2019 General Session
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