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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 520 - Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
Universal Citation: UT Code § 41-6a-520 (2020)
Effective 7/1/2020
41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
Amended by Chapter 177, 2020 General Session
41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
- (1)
- (a) A person operating a motor vehicle in this state is considered to have given the person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while:
- (i) having a blood or breath alcohol content statutorily prohibited under Section 41-6a-502, 41-6a-530, or 53-3-231;
- (ii) under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6a-502; or
- (iii) having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6a-517.
- (b) A test or tests authorized under this Subsection (1) must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii).
- (c)
- (i) The peace officer determines which of the tests are administered and how many of them are administered.
- (ii) If a peace officer requests more than one test, refusal by a person to take one or more requested tests, even though the person does submit to any other requested test or tests, is a refusal under this section.
- (d)
- (i) A person who has been requested under this section to submit to a chemical test or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to be administered.
- (ii) The failure or inability of a peace officer to arrange for any specific chemical test is not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the requested test or tests.
- (a) A person operating a motor vehicle in this state is considered to have given the person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while:
- (2)
- (a) A peace officer requesting a test or tests shall warn a person that refusal to submit to the test or tests may result in criminal prosecution, revocation of the person's license to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of alcohol in the person's body depending on the person's prior driving history, and a three-year prohibition of driving without an ignition interlock device if the person:
- (i) has been placed under arrest;
- (ii) has then been requested by a peace officer to submit to any one or more of the chemical tests under Subsection (1); and
- (iii) refuses to submit to any chemical test requested.
- (b)
- (i) Following the warning under Subsection (2)(a), if the person does not immediately request that the chemical test or tests as offered by a peace officer be administered, a peace officer shall, on behalf of the Driver License Division and within 24 hours of the arrest, give notice of the Driver License Division's intention to revoke the person's privilege or license to operate a motor vehicle.
- (ii) When a peace officer gives the notice on behalf of the Driver License Division, the peace officer shall supply to the operator, in a manner specified by the Driver License Division, basic information regarding how to obtain a hearing before the Driver License Division.
- (c) As a matter of procedure, the peace officer shall submit a signed report, within 10 calendar days after the day on which notice is provided under Subsection (2)(b), that:
- (i) the peace officer had grounds to believe the arrested person was in violation of any provision under Subsections (1)(a)(i) through (iii); and
- (ii) the person had refused to submit to a chemical test or tests under Subsection (1).
- (a) A peace officer requesting a test or tests shall warn a person that refusal to submit to the test or tests may result in criminal prosecution, revocation of the person's license to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of alcohol in the person's body depending on the person's prior driving history, and a three-year prohibition of driving without an ignition interlock device if the person:
- (3) Upon the request of the person who was tested, the results of the test or tests shall be made available to the person.
- (4)
- (a) The person to be tested may, at the person's own expense, have a physician or a physician assistant of the person's own choice administer a chemical test in addition to the test or tests administered at the direction of a peace officer.
- (b) The failure or inability to obtain the additional test does not affect admissibility of the results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests to be taken at the direction of a peace officer.
- (c) The additional test shall be subsequent to the test or tests administered at the direction of a peace officer.
- (5) For the purpose of determining whether to submit to a chemical test or tests, the person to be tested does not have the right to consult an attorney or have an attorney, physician, or other person present as a condition for the taking of any test.
- (6) Notwithstanding the provisions in this section, a blood test taken under this section is subject to Section 77-23-213.
- (7) A person is guilty of refusing a chemical test if a peace officer has issued the warning required in Subsection (2)(a) and the person refuses to submit to a test of the person's blood under Subsection (1) after a court has issued a warrant to draw and test the blood.
- (8) A person who violates Subsection (7) is guilty of:
- (a) a third degree felony if:
- (i) the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within 10 years of:
- (A) the current conviction; or
- (B) the commission of the offense upon which the current conviction is based; or
- (ii) the conviction is at any time after a conviction of:
- (A) automobile homicide under Section 76-5-207;
- (B) a felony violation of this section or Section 41-6a-502; or
- (C) any conviction described in Subsection (8)(a)(ii) which judgment of conviction is reduced under Section 76-3-402; or
- (i) the person has two or more prior convictions as defined in Subsection 41-6a-501(2), each of which is within 10 years of:
- (b) a class B misdemeanor if none of the circumstances in Subsection (8)(a) applies.
- (a) a third degree felony if:
- (9) As part of any sentence for a conviction of violating this section, the court shall impose the same sentencing as outlined for driving under the influence violations in Section 41-6a-505, based on whether this is a first, second, or subsequent conviction as defined by Subsection 41-6a-501(2), with the following modifications:
- (a) any jail sentence shall be 24 consecutive hours more than would be required under Section 41-6a-505;
- (b) any fine imposed shall be $100 more than would be required under Section 41-6a-505; and
- (c) the court shall order 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.
- (10)
- (a) The offense of refusal to submit to a chemical test under this section does not merge with any violation of Section 32B-4-409, 41-6a-502, 41-6a-517, or 41-6a-530.
- (b) A guilty or no contest plea to an offense of refusal to submit to a chemical test under this section may not be held in abeyance.
Amended by Chapter 177, 2020 General Session
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