53-3-223. Chemical test for driving under the influence -- Temporary license -- Hearing and decision -- Suspension and fee -- Judicial review.
(1) If a peace officer has reasonable grounds to believe that an individual may be violating or has violated Section,,, or, the peace officer may, when arresting the individual, request that the individual submit to a chemical test or tests to be administered in compliance with Section. 41-6a-502 41-6a-517 76-5-102.1 76-5-207 41-6a-520 In this section, a reference to Sectionincludes any similar local ordinance adopted in compliance with Subsection. 41-6a-502 41-6a-510(1)
(2) The peace officer shall advise an individual before the individual's submission to a chemical test that a test result showing: a violation of Section,,, orshall result in suspension or revocation of the individual's driver license; and 41-6a-502 41-6a-517 76-5-102.1 76-5-207 the existence of a blood alcohol content sufficient to render the individual incapable of safely driving a motor vehicle may result in suspension or revocation of the individual's driver license.
(3) If the individual submits to a chemical test and the test results show a blood or breath alcohol content in violation of Section,,, or, or if a peace officer determines, based on reasonable grounds, that the individual is otherwise in violation of Section,, or, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice of the division's intention to suspend the individual's license to drive a motor vehicle. 41-6a-502 41-6a-517 76-5-102.1 76-5-207 41-6a-502 76-5-102.1 76-5-207
(4) When a peace officer gives notice on behalf of the division, the peace officer shall supply to the driver, in a manner specified by the division, information regarding how to obtain a prompt hearing before the division.
(5) As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which the peace officer provides notice: a copy of the citation issued for the offense; a signed report in a manner specified by the division showing the chemical test results, if any; and any other basis for the peace officer's determination that the individual has violated Section,,, or. 41-6a-502 41-6a-517 76-5-102.1 76-5-207
(6) Upon request by an individual, in a manner specified by the division, the division shall grant to the individual an opportunity to be heard within 45 days after the date of arrest. The individual shall submit a request to be heard within 10 calendar days after the day on which the peace officer provides notice under Subsection. (5) Except as provided in Subsection, if the division holds a hearing, the division shall hold the hearing in: (6)(b)(ii) the county in which the arrest occurred; or a county that is adjacent to the county in which the arrest occurred. The division may hold a hearing in another county if the division and the individual both agree. The division shall document the hearing and shall cover the issues of: whether a peace officer had reasonable grounds to believe the individual was driving a motor vehicle in violation of Section,,, or; 41-6a-502 41-6a-517 76-5-102.1 76-5-207 whether the individual refused to submit to a test; and the test results, if any. In connection with a hearing, the division or the division's authorized agent: may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant documents; and may issue subpoenas for the attendance of necessary peace officers. The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section. 78B-1-119 The division may designate one or more employees to conduct the hearing. After a hearing, a determination made by an authorized agent is valid and binding as if made by the division.
(7) If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the individual was driving a motor vehicle in violation of Section,,, or, if the individual failed to appear before the division as required in the notice, or if a hearing is not requested under this section, the division shall: 41-6a-502 41-6a-517 76-5-102.1 76-5-207 if the individual is 21 years old or older at the time of arrest, suspend the individual's license or permit to operate a motor vehicle for a period of: 120 days beginning on the 60th day after the date of arrest for a first suspension; or two years beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or if the individual is under 21 years old at the time of arrest: suspend the individual's license or permit to operate a motor vehicle: for a period of six months, beginning on the 60th day after the date of arrest for a first suspension; or until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or deny the individual's application for a license or learner's permit: for a period of six months beginning on the 60th day after the date of the arrest for a first suspension, if the individual has not been issued an operator license; or until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years. Notwithstanding Subsection, the division shall reinstate an individual's license before completion of the 120 day suspension period imposed under Subsection: (7)(a)(i)(A) (7)(a)(i)(A) immediately upon receiving written verification of the individual's dismissal of a charge for a violation of Section,,, or, if the written verification is received before completion of the suspension period; or 41-6a-502 41-6a-517 76-5-102.1 76-5-207 no sooner than 60 days beginning on the 60th day after the date of arrest upon receiving written verification of the individual's reduction of a charge for a violation of Section,,, or, if the written verification is received before completion of the suspension period. 41-6a-502 41-6a-517 76-5-102.1 76-5-207 Notwithstanding Subsection, the division shall reinstate an individual's license before completion of the 120-day suspension period imposed under Subsectionimmediately upon receiving written verification of the individual's conviction of impaired driving under Sectionif: (7)(a)(i)(A) (7)(a)(i)(A) 41-6a-502.5 the written verification is received before completion of the suspension period; and the reporting court notifies the division that the defendant is participating in or has successfully completed the program of a driving under the influence court as defined in Section. 41-6a-501 If the division reinstates the individual's license as described in this Subsection, the individual shall pay the license reinstatement application fees under Subsectionsand (27). (7)(b) 53-3-105(26) The driver license reinstatements authorized under this Subsectiononly apply to a 120-day suspension period imposed under Subsection. (7)(b) (7)(a)(i)(A)
(8) The division shall assess against an individual, in addition to a fee imposed under Subsectionfor driving under the influence, a fee under Sectionto cover administrative costs, which shall be paid before the individual's driving privilege is reinstated. 53-3-205(12) 53-3-105 The division shall void the fee described in Subsectionif the individual obtains an unappealed division hearing or court decision that the suspension was improper. (8)(a)(i) An individual whose license has been suspended by the division under this section following an administrative hearing may file a petition for judicial review as described in Subsectionwithin 30 days after the division issues an order of suspension. 53-3-224
(9) Notwithstanding Subsection, the division shall reinstate an individual's license before completion of the suspension period imposed under Subsectionif: (7)(a)(i) (7)(a)(i) the reporting court notifies the division that the individual is participating in or has successfully completed a 24-7 sobriety program as defined in Section; or 41-6a-515.5 the reporting court notifies the division that the individual is participating in or has successfully completed a problem solving court program approved by the Judicial Council, including a driving under the influence court program or a drug court program, and has elected to become an interlock restricted driver as a condition of probation during the remainder of the individual's suspension period in accordance with Section; and 41-6a-518 the individual has a valid driving privilege, except for the suspension under Subsection. (7)(a)(i) If the division reinstates an individual's license as described in Subsection, the individual shall pay the license reinstatement application fees under Subsectionsand (27). (9)(a) 53-3-105(26)
(10) If the division suspends an individual's license for an alcohol related offense under Subsection, the individual may petition the division and elect to become an ignition interlock restricted driver if the individual: (7)(a)(i)(A) has a valid driving privilege, with the exception of the suspension under Subsection; (7)(a)(i)(A) installs an ignition interlock device in any vehicle owned or driven by the individual in accordance with Section; and 53-3-1007 pays the license reinstatement application fees described in Subsectionsand (27). 53-3-105(26) The individual shall remain an ignition interlock restricted driver for a period of 120 days from the original effective date of the suspension under Subsection. (7)(a)(i)(A) If the individual removes an ignition interlock device from a vehicle owned or driven by the individual before the expiration of the 120-day ignition interlock restriction period and does not install a new ignition interlock device from the same or a different provider within 24 hours: the division shall suspend the individual's driver license as described in Subsectionfor the remainder of the 120-day ignition interlock restriction period; (7)(a)(i)(A) the individual shall pay the license reinstatement application fee under Subsection; and 53-3-105(26) the individual may not elect to become an ignition interlock restricted driver under this section. If an individual elects to become an ignition interlock restricted driver under Subsection, the provisions under Subsectiondo not apply. (10)(a) (7)(b)
(11) If the division suspends an individual's license for an alcohol related offense under Subsection, the individual may petition the division and elect to become an ignition interlock restricted driver after the driver serves at least 90 days of the suspension if the individual: (7)(a)(i)(B) was charged with a violation of Sectionthat is a misdemeanor; 41-6a-502 has a valid driving privilege, with the exception of the suspension under Subsection; (7)(a)(i)(B) installs an ignition interlock device in any vehicle owned or driven by the individual in accordance with Section; and 53-3-1007 pays the license reinstatement application fees described in Subsectionsand. 53-3-105(26) (27) The individual shall remain an ignition interlock restricted driver for a period of two years from the original effective date of the suspension under Subsection. (7)(a)(i)(B) If the individual removes an ignition interlock device from a vehicle owned or driven by the individual before the expiration of the two-year ignition interlock restriction period and does not install a new ignition interlock device from the same or a different provider within 24 hours: the division shall suspend the individual's driver license as described in Subsectionfor the remainder of the two-year ignition interlock restriction period; (7)(a)(i)(B) the individual shall pay the license reinstatement application fee under Subsection; and 53-3-105(26) the individual may not elect to become an ignition interlock restricted driver under this section. Notwithstanding Subsectionsand, if a court convicts the individual of the violation of Sectionthat prompted the suspension under Subsection, the division shall revoke the individual's license under Subsection, and the individual is no longer an ignition interlock restricted driver under this Subsection. (11)(a) (b) 41-6a-502 (7)(a)(i)(B) 41-6a-509(1)(a)(ii) (11)
(12) Notwithstanding Subsection, the division shall reinstate an individual's license before completion of the two-year suspension period imposed under Subsectionimmediately upon receiving written verification of the individual's dismissal of a charge for a violation of Section,,, or, if the written verification is received before completion of the suspension period. (7)(a)(i)(B) (7)(a)(i)(B) 41-6a-502 41-6a-517 76-5-102.1 76-5-207 If the individual elected to become an ignition interlock restricted driver under Subsection, and the division receives written verification of the individual's dismissal of a charge for violation of Section, the driver is no longer an ignition interlock restricted driver under Subsection, and the division shall reinstate the individual's license before the completion of the two-year ignition interlock restriction period under Subsection. (11) 41-6a-502 (11)(b)(i) (11)(b)(i)
(13) A driver license reinstatement before completion of the suspension period authorized under this section does not apply to a CDL disqualification imposed under Section. 53-3-414