41-6a-517. Definitions -- Driving with any measurable controlled substance in the body -- Penalties -- Arrest without warrant.
(1) As used in this section: "Controlled substance" means the same as that term is defined in Section. 58-37-101 "Practitioner" means the same as that term is defined in Section. 58-37-101 "Prescribe" means the same as that term is defined in Section. 58-37-101 "Prescription" means the same as that term is defined in Section. 58-37-101
(2) Except as provided in Subsection, in cases not amounting to a violation of Section,, or, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person's body. (2)(b) 41-6a-502 76-5-102.1 76-5-207 Subsectiondoes not apply to a person that has 11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person's body. (2)(a)
(3) It is an affirmative defense to prosecution under this section that the controlled substance was: involuntarily ingested by the accused; prescribed by a practitioner for use by the accused; cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form that the accused ingested in accordance with; or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis otherwise legally ingested.
(4) A person convicted of a violation of Subsectionis guilty of a class B misdemeanor. (2) A person who violates this section is subject to conviction and sentencing under both this section and any applicable offense under Section,,,,,,,,,,,,, or. 76-18-204 76-18-207 76-18-208 76-18-209 76-18-210 76-18-211 76-18-212 76-18-213 76-18-214 76-18-215 76-18-216 76-18-217 76-18-218 76-18-219
(5) A peace officer may, without a warrant, arrest a person for a violation of this section when the officer has probable cause to believe the violation has occurred, although not in the officer's presence, and if the officer has probable cause to believe that the violation was committed by the person.
(6) The Driver License Division shall, if the person is 21 years old or older on the date of arrest: suspend, for a period of 120 days, the driver license of a person convicted under Subsectionof an offense committed on or after July 1, 2009; or (2) revoke, for a period of two years, the driver license of a person if: the person has a prior conviction as defined under Subsection; and 41-6a-501(2) the current violation under Subsectionis committed on or after July 1, 2009, and within a period of 10 years after the date of the prior violation. (2)
(7) The Driver License Division shall, if the person is 19 years old or older but under 21 years old on the date of arrest: suspend, until the person is 21 years old or for a period of one year, whichever is longer, the driver license of a person convicted under Subsectionof an offense committed on or after July 1, 2011; or (2) revoke, until the person is 21 years old or for a period of two years, whichever is longer, the driver license of a person if: the person has a prior conviction as defined under Subsection; and 41-6a-501(2) the current violation under Subsectionis committed on or after July 1, 2009, and within a period of 10 years after the date of the prior violation. (2)
(8) The Driver License Division shall, if the person is under 19 years old on the date of arrest: suspend, until the person is 21 years old, the driver license of a person convicted under Subsectionof an offense committed on or after July 1, 2009; or (2) revoke, until the person is 21 years old, the driver license of a person if: the person has a prior conviction as defined under Subsection; and 41-6a-501(2) the current violation under Subsectionis committed on or after July 1, 2009, and within a period of 10 years after the date of the prior violation. (2)
(9) The Driver License Division shall subtract from any suspension or revocation period the number of days for which a license was previously suspended under Sectionor, if the previous suspension was based on the same occurrence upon which the record of conviction is based. 53-3-223 53-3-231
(10) The Driver License Division shall: deny, suspend, or revoke a person's license for the denial and suspension periods in effect prior to July 1, 2009, for a conviction of a violation under Subsectionthat was committed prior to July 1, 2009; or (2) deny, suspend, or revoke the operator's license of a person for the denial, suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if: the person was 20 years old or older but under 21 years old at the time of arrest; and the conviction under Subsectionis for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011. (2)
(11) A court that reported a conviction of a violation of this section for a violation that occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension period imposed under Subsectionorprior to completion of the suspension period if the person: (7)(a) (8)(a) completes at least six months of the license suspension; completes a screening; completes an assessment, if it is found appropriate by a screening under Subsection; (11)(b) completes substance abuse treatment if it is found appropriate by the assessment under Subsection; (11)(c) completes an educational series if substance abuse treatment is not required by the assessment under Subsectionor the court does not order substance abuse treatment; (11)(c) 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 Subsectionor; (7)(a) (8)(a) has complied with all the terms of the person's probation or all orders of the court if not ordered to probation; and is 18 years old or older and provides a sworn statement to the court that the person has not consumed a controlled substance not prescribed by a practitioner for use by the person or unlawfully consumed alcohol during the suspension period imposed under Subsectionor; or (7)(a) (8)(a) is under 18 years old and has the person's parent or legal guardian provide an affidavit or other sworn statement to the court certifying that to the parent or legal guardian's knowledge the person has not consumed a controlled substance not prescribed by a practitioner for use by the person or unlawfully consumed alcohol during the suspension period imposed under Subsectionor. (7)(a) (8)(a)
(12) If the court shortens a person's license suspension period in accordance with the requirements of Subsection, the court shall forward the order shortening the person's license suspension period to the Driver License Division in a manner specified by the division prior to the completion of the suspension period imposed under Subsectionor. (11) (7)(a) (8)(a)
(13) The court shall notify the Driver License Division if a person fails to complete all court ordered screening and assessment, educational series, and substance abuse treatment. Subject to Subsection, upon receiving the notification, the division shall suspend the person's driving privilege in accordance with Subsection. 53-3-218(3) 53-3-221(2)
(14) The court: shall order supervised probation in accordance with Sectionfor a person convicted under Subsection; and 41-6a-507 (2) may order a person convicted under Subsectionto participate in a 24-7 sobriety program as defined in Sectionif the person is 21 years old or older. (2) 41-6a-515.5
(15) A court that reported a conviction of a violation of this section to the Driver License Division may shorten the suspension period imposed under Subsectionbefore completion of the suspension period if the person is participating in or has successfully completed a 24-7 sobriety program as defined in Section. (6) 41-6a-515.5 If the court shortens a person's license suspension period in accordance with the requirements of this Subsection, the court shall forward to the Driver License Division, in a manner specified by the division, the order shortening the person's suspension period. (15) The court shall notify the Driver License Division, in a manner specified by the division, if a person fails to complete all requirements of a 24-7 sobriety program. Upon receiving the notification described in Subsection, for a first offense, the division shall suspend the person's driving privilege for a period of 120 days from the date of notice. (15)(c) For a suspension described in Subsection, no days shall be subtracted from the 120-day suspension period for which a driving privilege was suspended under this section or under Section, if the previous suspension was based on the same occurrence upon which the conviction under this section is based. (15)(d)(i)(A) 53-3-223 Upon receiving the notification described in Subsection, 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. (15)(c) For a revocation described in Subsection, no days shall be subtracted from the two-year revocation period for which a driving privilege was previously revoked under this section or under Section, if the previous revocation was based on the same occurrence upon which the conviction under this section is based. (15)(d)(ii)(A) 53-3-223