2023 Utah Code › Title 41 - Motor Vehicles › Chapter 6a - Traffic Code › Part 5 - Driving Under the Influence and Reckless Driving › Section 521 - Revocation hearing for refusal -- Appeal.

Effective 5/3/2023
41-6a-521.
Revocation hearing for refusal -- Appeal.
(1)
(a) A person who has been notified of the Driver License Division's intention to revoke the person's license under Section 41-6a-520 is entitled to a hearing.
(b) A request for the hearing shall be made in writing within 10 calendar days after the day on which notice is provided.
(c) Upon request in a manner specified by the Driver License Division, the Driver License Division shall grant to the person an opportunity to be heard within 29 days after the date of arrest.
(d) If the person does not make a request for a hearing before the Driver License Division under this Subsection (1), the person's privilege to operate a motor vehicle in the state is revoked beginning on the 45th day after the date of arrest:
(i) for a person 21 years old or older on the date of arrest, for a period of:
(A) except as provided in Subsection (1)(d)(i)(B) or (9), 18 months; or
(B) 36 months if the person previously committed an offense that occurred within the preceding 10 years from the date of the arrest that resulted in a:
(I) license sanction under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231;
(II) conviction under Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502;
(III) conviction for an offense under Section 76-5-102.1; or
(IV) conviction for an offense under Section 76-5-207; or
(ii) for a person under 21 years old on the date of arrest:
(A) except as provided in Subsection (1)(d)(ii)(B), until the person is 21 years old or for a period of two years, whichever is longer; or
(B) until the person is 21 years old or for a period of 36 months, whichever is longer, if the person previously committed an offense that occurred within the preceding 10 years from the date of the arrest that resulted in a:
(I) license sanction under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231; or
(II) conviction for an offense under Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502;
(III) conviction for an offense under Section 76-5-102.1; or
(IV) conviction for an offense under Section 76-5-207.
(2)
(a) Except as provided in Subsection (2)(b), if a hearing is requested by the person, the hearing shall be conducted by the Driver License Division in:
(i) the county in which the offense occurred; or
(ii) a county which is adjacent to the county in which the offense occurred.
(b) The Driver License Division may hold a hearing in some other county if the Driver License Division and the person both agree.
(3) The hearing shall be documented and shall cover the issues of:
(a) whether a peace officer had reasonable grounds to believe that a person was operating a motor vehicle in violation of Section 41-6a-502, 41-6a-517, 41-6a-530, or 53-3-231; and
(b) whether the person refused to submit to the test or tests under Section 41-6a-520.
(4)
(a) In connection with the hearing, the division or its authorized agent:
(i) may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; and
(ii) shall issue subpoenas for the attendance of necessary peace officers.
(b) The Driver License Division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 78B-1-119.
(5)
(a) If after a hearing, the Driver License Division determines that the person was requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the person fails to appear before the Driver License Division as required in the notice, the Driver License Division shall revoke the person's license or permit to operate a motor vehicle in Utah beginning on the date the hearing is held:
(i) for a person 21 years old or older on the date of arrest, for a period of:
(A) except as provided in Subsection (5)(a)(i)(B) or (9), 18 months; or
(B) 36 months if the person previously committed an offense that occurred within the preceding 10 years from the date of the arrest that resulted in a:
(I) license sanction under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231;
(II) conviction under Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502;
(III) conviction for an offense under Section 76-5-102.1; or
(IV) conviction for an offense under Section 76-5-207; or
(ii) for a person under 21 years of age on the date of arrest:
(A) except as provided in Subsection (5)(a)(ii)(B), until the person is 21 years old or for a period of two years, whichever is longer; or
(B) until the person is 21 years old or for a period of 36 months, whichever is longer, if the person previously committed an offense that occurred within the preceding 10 years from the date of the arrest that resulted in a:
(I) license sanction under Section 41-6a-517, 41-6a-520, 41-6a-530, 53-3-223, or 53-3-231;
(II) conviction under Section 41-6a-502 or a statute previously in effect in this state that would constitute a violation of Section 41-6a-502;
(III) conviction for an offense under Section 76-5-102.1; or
(IV) conviction for an offense under Section 76-5-207.
(b) The Driver License Division shall also assess against the person, in addition to any fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105, which shall be paid before the person's driving privilege is reinstated, to cover administrative costs.
(c) The fee shall be cancelled if the person obtains an unappealed court decision following a proceeding allowed under Subsection (2) that the revocation was improper.
(6)
(a) Any person whose license has been revoked by the Driver License Division under this section following an administrative hearing may seek judicial review.
(b) Judicial review of an informal adjudicative proceeding is a trial.
(c) Venue is in the district court in the county in which the offense occurred.
(7) If the Driver License Division revokes a person's driving privilege under Subsection (1)(d)(i)(A) or (5)(a)(i)(A), the person may petition the division and elect to become an ignition interlock restricted driver after the driver serves at least 90 days of the revocation if the person:
(a) has a valid driving privilege, with the exception of the revocation under Subsection (1)(d)(i)(A) or (5)(a)(i)(A);
(b) installs an ignition interlock device in any vehicle owned or driven by the person in accordance with Section 53-3-1007;
(c) pays the license reinstatement application fees described in Subsections 53-3-105(26) and (27);
(d) pays the appropriate original license fees under Section 53-3-105; and
(e) completes the license application process including successful completion of required testing.
(8)
(a) A person who elects to become an ignition interlock restricted driver under Subsection (7) shall remain an ignition interlock restricted driver for a period of three years.
(b) If the person described under Subsection (8)(a) removes an ignition interlock device from a vehicle owned or driven by the person prior to the expiration of the three-year ignition interlock restriction period and does not install a new ignition interlock device from the same or a different ignition interlock provider within 24 hours:
(i) the person's driving privilege shall be revoked under Subsection (1)(d)(i)(A) or (5)(a)(i)(A) for a period of 18 months from the date the ignition interlock device was removed from the vehicle;
(ii) no days may be subtracted from the 18-month revocation period under Subsection (8)(b)(i) for any days the person was in compliance with the interlock restriction under Subsection (7);
(iii) the person is required to pay the license reinstatement application fee under Subsection 53-3-105(26); and
(iv) the person may not elect to become an ignition interlock restricted driver under this section.
(9)
(a) Notwithstanding the provisions in Subsection (1)(d)(i)(A) or (5)(a)(i)(A), the division shall reinstate a person's driving privilege before completion of the revocation period imposed under Subsection (1)(d)(i)(A) or (5)(a)(i)(A) if:
(i) the reporting court notifies the Driver License Division that the person is participating in or has successfully completed a 24-7 sobriety program as defined in Section 41-6a-515.5;
(ii) the person has served at least 90 days of the revocation under Subsection (1)(d)(i)(A) or (5)(a)(i)(A); and
(iii) the person has a valid driving privilege, with the exception of the revocation under Subsection (1)(d)(i)(A) or (5)(a)(i)(A).
(b) If a person's driving privilege is reinstated under Subsection (9)(a), the person is required to:
(i) install an ignition interlock device in any vehicle owned or driven by the person in accordance with Section 53-3-1007;
(ii) pay the license reinstatement application fees described in Subsections 53-3-105(26) and (27);
(iii) pay the appropriate original license fees under Section 53-3-105; and
(iv) complete the license application process including successful completion of required testing.
(c) If the reporting court notifies the Driver License Division that a person has failed to complete all requirements of the 24-7 sobriety program, the division:
(i) shall revoke the person's driving privilege under Subsection (1)(d)(i)(A) or (5)(a)(i)(A) for a period of 18 months from the date of the notice; and
(ii) may not subtract any days from the 18-month revocation period for:
(A) days during which the person's driving privilege previously was revoked; or
(B) days during which the person was compliant with the 24-7 sobriety program.
Amended by Chapter 384, 2023 General Session