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2021 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 5 - Driving Under the Influence and Reckless Driving
Section 509 - Driver license suspension or revocation for a driving under the influence violation.

Universal Citation: UT Code § 41-6a-509 (2021)
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Effective 5/5/2021
41-6a-509. Driver license suspension or revocation for a driving under the influence violation.
  • (1) The Driver License Division shall, if the person is 21 years of age or older at the time of arrest:
    • (a) suspend for a period of 120 days the operator's license of a person convicted for the first time under Section 41-6a-502; or
    • (b) revoke for a period of two years 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 violation under Section 41-6a-502 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 19 years of age or older but under 21 years of age at the time of arrest:
    • (a) suspend the person's driver license until the person is 21 years of age or for a period of one year, whichever is longer, if the person is convicted for the first time of a violation under Section 41-6a-502 of an offense that was committed on or after July 1, 2011;
    • (b) 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 one year, whichever is longer, if the person:
      • (i) is convicted for the first time of a violation under Section 41-6a-502 of an offense committed on or after July 1, 2011; and
      • (ii) has not been issued an operator license;
    • (c) revoke the person's driver license until the person is 21 years of age or for a period of two years, whichever is longer, if:
      • (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
      • (ii) the current violation under Section 41-6a-502 is committed within a period of 10 years from the date of the prior violation; or
    • (d) 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, if:
      • (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
      • (ii) the current violation under Section 41-6a-502 is committed within a period of 10 years from the date of the prior violation; and
      • (iii) the person has not been issued an operator license.
  • (3) The Driver License Division shall, if the person is under 19 years of age at the time of arrest:
    • (a) suspend the person's driver license until the person is 21 years of age if the person is convicted for the first time of a violation under Section 41-6a-502;
    • (b) deny the person's application for a license or learner's permit until the person is 21 years of age if the person:
      • (i) is convicted for the first time of a violation under Section 41-6a-502; and
      • (ii) has not been issued an operator license;
    • (c) revoke the person's driver license until the person is 21 years of age if:
      • (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
      • (ii) the current violation under Section 41-6a-502 is committed within a period of 10 years from the date of the prior violation; or
    • (d) deny the person's application for a license or learner's permit until the person is 21 years of age if:
      • (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
      • (ii) the current violation under Section 41-6a-502 is committed within a period of 10 years from the date of the prior violation; and
      • (iii) the person has not been issued an operator license.
  • (4) The Driver License Division shall suspend or revoke the license of a person as ordered by the court under Subsection (9).
  • (5) The Driver License Division shall subtract from any suspension or revocation period the number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon which the record of conviction is based.
  • (6) If a conviction recorded as impaired driving is amended to a driving under the influence conviction under Section 41-6a-502 in accordance with Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
    • (a) may not subtract from any suspension or revocation any time for which a license was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
    • (b) shall start the suspension or revocation time under Subsection (1) on the date of the amended conviction.
  • (7) A court that reported a conviction of a violation of Section 41-6a-502 for a violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
    • (a) completes at least six months of the license suspension;
    • (b) completes a screening;
    • (c) completes an assessment, if it is found appropriate by a screening under Subsection (7)(b);
    • (d) completes substance abuse treatment if it is found appropriate by the assessment under Subsection (7)(c);
    • (e) completes an educational series if substance abuse treatment is not required by an assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
    • (f) has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle during the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
    • (g) has complied with all the terms of the person's probation or all orders of the court if not ordered to probation; and
    • (h)
      • (i) is 18 years of age or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol during the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
      • (ii) is under 18 years of age and has the person's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the person has not unlawfully consumed alcohol during the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
  • (8) If the court shortens a person's license suspension period in accordance with the requirements of Subsection (7), the court shall forward the order shortening the person's suspension period to the Driver License Division in a manner specified by the division prior to the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
  • (9)
    • (a)
      • (i) In addition to any other penalties provided in this section, a court may order the operator's license of a person who is convicted of a violation of Section 41-6a-502 to be suspended or 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 suspension or revocation period provided in this Subsection (9) shall begin the date on which the individual would be eligible to reinstate the individual's driving privilege for a violation of Section 41-6a-502.
    • (b) If the court suspends or revokes the person's license under this Subsection (9), 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.
  • (10)
    • (a) The court shall notify the Driver License Division if a person fails to complete all court ordered:
      • (i) screenings;
      • (ii) assessments;
      • (iii) educational series;
      • (iv) substance abuse treatment; and
      • (v) hours of work in a compensatory-service work program.
    • (b) Subject to Subsection 53-3-218(3), upon receiving the notification described in Subsection (10)(a), the division shall suspend the person's driving privilege in accordance with Subsection 53-3-221(2).
  • (11)
    • (a) A court that reported a conviction of a violation of Section 41-6a-502 to the Driver License Division may shorten the suspension period imposed under Subsection (1) before completion of the suspension period if the person is participating in or has successfully completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
    • (b) If the court shortens a person's license suspension period in accordance with the requirements of this Subsection (11), the court shall forward the order shortening the person's suspension period to the Driver License Division in a manner specified by the division.
    • (c) The court shall notify the Driver License Division, in a manner specified by the Driver License Division, if a person fails to complete all requirements of a 24-7 sobriety program.
    • (d)
      • (i)
        • (A) Upon receiving the notification described in Subsection (11)(c), for a first offense, the division shall suspend the person's driving privilege for a period of 120 days from the date of notice.
        • (B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be subtracted from the 120-day suspension period for which a driving privilege was previously suspended under this section or Section 53-3-223, if the previous suspension was based on the same occurrence upon which the conviction under Section 41-6a-502 is based.
      • (ii)
        • (A) Upon receiving the notification described in Subsection (11)(c), for a second or subsequent offense, the division shall revoke the person's driving privilege for a period of two years from the date of notice.
        • (B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be subtracted from the two-year revocation period for which a driving privilege was previously revoked under this section or Section 53-3-223, if the previous revocation was based on the same occurrence upon which the conviction under Section 41-6a-502 is based.


Amended by Chapter 83, 2021 General Session, (Coordination Clause)
Amended by Chapter 83, 2021 General Session
Amended by Chapter 120, 2021 General Session
Amended by Chapter 157, 2020 General Session, (Coordination Clause)
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