53-3-220. Offenses requiring mandatory revocation, denial, suspension, or disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited driving privileges.
(1) The division shall immediately revoke or, when this chapter, Title 41, Chapter 1a, Motor Vehicle Act, Title 41, Chapter 6a, Traffic Code, or Section, specifically provides for denial, suspension, or disqualification, the division shall deny, suspend, or disqualify the license or endorsement of a person upon receiving a record of the person's conviction for: 76-5-303 manslaughter or negligent homicide resulting from driving a motor vehicle, automobile homicide under Section, or automobile homicide involving using a handheld wireless communication device while driving under Section; 76-5-207 76-5-207.5 driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely driving a motor vehicle as prohibited in Sectionor as prohibited in an ordinance that complies with the requirements of Subsection; 41-6a-502 41-6a-510(1) driving or being in actual physical control of a motor vehicle while having a blood or breath alcohol content as prohibited in Sectionor as prohibited in an ordinance that complies with the requirements of Subsection; 41-6a-502 41-6a-510(1) perjury or the making of a false affidavit to the division under this chapter, Title 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or regulating driving on highways; any felony under the motor vehicle laws of this state; any other felony in which a motor vehicle is used to facilitate the offense; failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another; two charges of reckless driving, impaired driving, or any combination of reckless driving and impaired driving committed within a period of 12 months; but if upon a first conviction of reckless driving or impaired driving the judge or justice recommends suspension of the convicted person's license, the division may after a hearing suspend the license for a period of three months; failure to bring a motor vehicle to a stop at the command of a law enforcement officer as required in Section; 41-6a-210 any offense specified in Part 4, Uniform Commercial Driver License Act, that requires disqualification; a violation of Sectioninvolving the discharging or allowing the discharging of a firearm from a vehicle or a violation of Section; 76-11-209 76-11-210 using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection; 76-15-210(2)(b)(ii) operating or being in actual physical control of a motor vehicle while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section; 41-6a-517 operating or being in actual physical control of a motor vehicle while having any measurable or detectable amount of alcohol in the person's body in violation of Section; 41-6a-530 engaging in a motor vehicle speed contest or exhibition of speed on a highway in violation of Section; 41-6a-606 operating or being in actual physical control of a motor vehicle in this state without an ignition interlock system in violation of Section; 41-6a-518.2 refusal of a chemical test under Subsection; 41-6a-520.1(1) failure to properly display a license plate on a motorcycle under Section; 41-1a-404.1 performing a wheelie on a highway under Section; 41-6a-606.1 engaging in lane splitting under Section; or 41-6a-704.1 two or more offenses that: are committed within a period of one year; are enhanced under Section; and 76-3-203.17 arose from separate incidents. The division shall immediately revoke the license of a person upon receiving a record of an adjudication under Sectionfor: 80-6-701 a violation of Sectioninvolving the discharging or allowing the discharging of a firearm from a vehicle or a violation of Sectioninvolving discharging or allowing the discharge of a firearm from a vehicle; or 76-11-209 76-11-210 using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection. 76-15-210(2)(b)(ii) Except when action is taken under Sectionfor the same offense, upon receiving a record of conviction, the division shall immediately suspend for six months the license of the convicted person if the person was convicted of violating an offense contained in one of the following provisions while the person was an operator of a motor vehicle, and the court finds that a driver license suspension is likely to reduce recidivism and is in the interest of public safety: 53-3-219 Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; Title 58, Chapter 37c, Controlled Substance Precursors; Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia; Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances; Title 76, Chapter 18, Part 5, Clandestine Drug Labs; an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Subsectionthrough; or (1)(c)(i)(A) (E) any criminal offense that prohibits possession, distribution, manufacture, cultivation, sale, or transfer of any substance that is prohibited under the provisions described in Subsectionsthrough (F), or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance that is prohibited under the provisions described in Subsectionsthrough (F). (1)(c)(i)(A) (1)(c)(i)(A) Notwithstanding the provisions in Subsection, the division shall reinstate a person's driving privilege before completion of the suspension period imposed under Subsectionif the reporting court notifies the Driver License Division, in a manner specified by the division, that the defendant is participating in or has successfully completed a drug court program as defined in Section. (1)(c)(i) (1)(c)(i) 78A-5-201 If a person's driving privilege is reinstated under Subsection, the person is required to pay the license reinstatement fees under Subsection. (1)(c)(ii) 53-3-105(26) The court shall notify the division, in a manner specified by the division, if a person fails to complete all requirements of the drug court program. Upon receiving the notification described in Subsection, the division shall suspend the person's driving privilege for a period of six months from the date of the notice, and no days shall be subtracted from the six-month suspension period for which a driving privilege was previously suspended under Subsection. (1)(c)(iv) (1)(c)(i) The division shall immediately suspend a person's driver license for conviction of the offense of theft of motor vehicle fuel under Sectionif the division receives: 76-6-404.7 an order from the sentencing court requiring that the person's driver license be suspended; and a record of the conviction. An order of suspension under this section is at the discretion of the sentencing court, and may not be for more than 90 days for each offense. The division shall immediately suspend for one year the license of a person upon receiving a record of: conviction for the first time for a violation under Section; or 32B-4-411 an adjudication under Sectionfor a violation under Section. 80-6-701 32B-4-411 The division shall immediately suspend for a period of two years the license of a person upon receiving a record of: conviction for a second or subsequent violation under Section; and 32B-4-411 the violation described in Subsectionis within 10 years of a prior conviction for a violation under Section; or (1)(e)(ii)(A)(I) 32B-4-411 a second or subsequent adjudication under Sectionfor a violation under Section; and 80-6-701 32B-4-411 the adjudication described in Subsectionis within 10 years of a prior adjudication under Sectionfor a violation under Section. (1)(e)(ii)(B)(I) 80-6-701 32B-4-411 Upon receipt of a record under Subsectionor, the division shall: (1)(e)(i) (ii) for a conviction or adjudication described in Subsection: (1)(e)(i) impose a suspension for one year beginning on the date of conviction; or if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for one year beginning on the date of eligibility for a driver license; or for a conviction or adjudication described in Subsection: (1)(e)(ii) impose a suspension for a period of two years; or if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for two years beginning on the date of eligibility for a driver license. Upon receipt of the first order suspending a person's driving privileges under Section, the division shall reduce the suspension period under Subsectionif ordered by the court in accordance with Subsection. 32B-4-411 (1)(e)(i) 32B-4-411(3)(a) Upon receipt of the second or subsequent order suspending a person's driving privileges under Section, the division shall reduce the suspension period under Subsectionif ordered by the court in accordance with Subsection. 32B-4-411 (1)(e)(ii) 32B-4-411(3)(b) The division shall immediately suspend a person's driver license for the conviction of an offense that is enhanced under Sectionif the division receives: 76-3-203.17 an order from the sentencing court requiring the person's driver license to be suspended; and a record of the conviction.
(2) The division shall extend the period of the first denial, suspension, revocation, or disqualification for an additional like period, to a maximum of one year for each subsequent occurrence, upon receiving: a record of the conviction of any person on a charge of driving a motor vehicle while the person's license is denied, suspended, revoked, or disqualified; a record of a conviction of the person for any violation of the motor vehicle law in which the person was involved as a driver; a report of an arrest of the person for any violation of the motor vehicle law in which the person was involved as a driver; or a report of an accident in which the person was involved as a driver.
(3) When the division receives a report under Subsectionorthat a person is driving while the person's license is denied, suspended, disqualified, or revoked, the person is entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or revocation originally imposed under Section. (2)(c) (d) 53-3-221
(4) The division may extend to a person the limited privilege of driving a motor vehicle to and from the person's place of employment or within other specified limits on recommendation of the judge in any case where a person is convicted of any of the offenses referred to in Subsectionsandexcept: (1) (2) those offenses referred to in Subsections,,,,,,, and; and (1)(a)(i) (ii) (iii) (xi) (xii) (xiii) (1)(b) (1)(c)(i) those offenses referred to in Subsectionwhen the original denial, suspension, revocation, or disqualification was imposed because of a violation of Section,, a local ordinance that complies with the requirements of Subsection, Section,,, or, or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of these sections or ordinances, unless: (2) 41-6a-502 41-6a-517 41-6a-510(1) 41-6a-520 41-6a-520.1 76-5-102.1 76-5-207 the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years; the division receives written verification from the person's primary care physician or physician assistant that: to the physician's or physician assistant's knowledge the person has not used any narcotic drug or other controlled substance except as prescribed by a licensed medical practitioner within the last three years; and the physician or physician assistant is not aware of any physical, emotional, or mental impairment that would affect the person's ability to operate a motor vehicle safely; and for a period of one year prior to the date of the request for a limited driving privilege: the person has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle; the division has not received a report of an arrest for a violation of any motor vehicle law in which the person was involved as the operator of the vehicle; and the division has not received a report of an accident in which the person was involved as an operator of a vehicle. Except as provided in Subsection, the discretionary privilege authorized in this Subsection: (4)(b)(ii) (4) is limited to when undue hardship would result from a failure to grant the privilege; and may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification. The discretionary privilege authorized in Subsection: (4)(a)(ii) is limited to when the limited privilege is necessary for the person to commute to school or work; and may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification. A limited CDL may not be granted to a person disqualified under Part 4, Uniform Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or denied under this chapter.