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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 521.1 - Driver license denial or revocation for a criminal conviction for a refusal to submit to a chemical test violation.
Universal Citation: UT Code § 41-6a-521.1 (2020)
Effective 7/1/2020
41-6a-521.1. Driver license denial or revocation for a criminal conviction for a refusal to submit to a chemical test violation.
Enacted by Chapter 177, 2020 General Session
41-6a-521.1. Driver license denial or revocation for a criminal conviction for a refusal to submit to a chemical test violation.
- (1) The Driver License Division shall, if the person is 21 years of age or older at the time of arrest:
- (a) revoke for a period of 18 months the operator's license of a person convicted for the first time under Subsection 41-6a-520(7); or
- (b) revoke for a period of 36 months the license of a person if:
- (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
- (ii) the current refusal to submit to a chemical test violation under Subsection 41-6a-520(7) is committed within a period of 10 years from the date of the prior violation.
- (2) The Driver License Division shall, if the person is under 21 years of age at the time of arrest:
- (a) revoke the person's driver license until the person is 21 years of age or for a period of two years, whichever is longer; or
- (b) revoke the person's driver license until the person is 21 years of age or for a period of 36 months, whichever is longer, if:
- (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
- (ii) the current refusal to submit to a chemical test violation under Subsection 41-6a-520(7) is committed within a period of 10 years from the date of the prior violation; or
- (c) if the person has not been issued an operator license:
- (i) deny the person's application for a license or learner's permit until the person is 21 years of age or for a period of two years, whichever is longer; or
- (ii) deny the person's application for a license or learner's permit until the person is 21 years of age or for a period of 36 months, whichever is longer, if:
- (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
- (B) the current refusal to submit to a chemical test violation under Subsection 41-6a-520(7) is committed within a period of 10 years from the date of the prior violation.
- (3) The Driver License Division shall suspend or revoke the license of a person as ordered by the court under Subsection (5).
- (4) The Driver License Division shall subtract from any revocation period the number of days for which a license was previously revoked under Section 53-3-221 if the previous revocation was based on the same occurrence upon which the record of conviction under Subsection 41-6a-520(7) is based.
- (5)
- (a)
- (i) In addition to any other penalties provided in this section, a court may order the driver license of a person who is convicted of a violation of Subsection 41-6a-520(7) to be revoked for an additional period of 90 days, 120 days, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards.
- (ii) The additional revocation period provided in this Subsection (5) shall begin the date on which the individual would be eligible to reinstate the individual's driving privilege for a violation of Subsection 41-6a-520(7).
- (b) If the court suspends or revokes the person's license under this Subsection (5), the court shall prepare and send to the Driver License Division an order to suspend or revoke that person's driving privileges for a specified period of time.
- (a)
- (6)
- (a) The court shall notify the Driver License Division if a person fails to:
- (i) complete all court ordered:
- (A) screening;
- (B) assessment;
- (C) educational series;
- (D) substance abuse treatment; and
- (E) hours of work in a compensatory-service work program; or
- (ii) pay all fines and fees, including fees for restitution and treatment costs.
- (i) complete all court ordered:
- (b) Upon receiving the notification described in Subsection (6)(a), the Driver License Division shall suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
- (a) The court shall notify the Driver License Division if a person fails to:
Enacted by Chapter 177, 2020 General Session
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