2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 707 - Suspension of driving privileges.

Effective 9/1/2022
80-6-707.
Suspension of driving privileges.
(1) This section applies to a minor who:
(a) at the time that the minor is adjudicated under Section 80-6-701, is at least the age eligible for a driver license under Section 53-3-204; and
(b) is found by the juvenile court to be in actual physical control of a motor vehicle during the commission of the offense for which the minor is adjudicated.
(2)
(a) Except as otherwise provided by this section, if a minor is adjudicated for a violation of a traffic law by the juvenile court under Section 80-6-701, the juvenile court may:
(i) suspend the minor's driving privileges; and
(ii) take possession of the minor's driver license.
(b) The juvenile court may order any other eligible disposition under Subsection (1), except for a disposition under Section 80-6-703 or 80-6-705.
(c) If a juvenile court suspends a minor's driving privileges under Subsection (2)(a):
(i) the juvenile court shall prepare and send the order to the Driver License Division of the Department of Public Safety; and
(ii) the minor's license shall be suspended under Section 53-3-219.
(3) The juvenile court may reduce a suspension period imposed under Section 53-3-219 if:
(a)
(i) the violation is the minor's first violation of:
(A) Section 32B-4-409;
(B) Section 32B-4-410;
(C) Section 58-37-8;
(D)Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(E)Title 58, Chapter 37b, Imitation Controlled Substances Act;
(F) Subsection 76-5-102.1(2)(b);
(G) Subsection 76-5-207(2)(b); or
(H) Subsection 76-9-701(1); and
(ii)
(A) the minor completes an educational series as defined in Section 41-6a-501; or
(B) the minor demonstrates substantial progress in substance use disorder treatment; or
(b)
(i) the violation is the minor's second or subsequent violation of:
(A) Section 32B-4-409;
(B) Section 32B-4-410;
(C) Section 58-37-8;
(D)Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(E)Title 58, Chapter 37b, Imitation Controlled Substances Act;
(F) Subsection 76-5-102.1(2)(b);
(G) Subsection 76-5-207(2)(b); or
(H) Subsection 76-9-701(1);
(ii) the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A) the minor is 18 years old or older and provides a sworn statement to the juvenile court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Section 53-3-219; or
(B) the minor is under 18 years old and the minor's parent or guardian provides an affidavit or sworn statement to the juvenile court certifying that to the parent or guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Section 53-3-219.
(4)
(a) If a minor is adjudicated under Section 80-6-701 for a proof of age violation, as defined in Section 32B-4-411:
(i) the juvenile court may forward a record of adjudication to the Department of Public Safety for a first or subsequent violation; and
(ii) the minor's driving privileges will be suspended:
(A) for a period of at least one year under Section 53-3-220 for a first conviction for a violation of Section 32B-4-411; or
(B) for a period of two years for a second or subsequent conviction for a violation of Section 32B-4-411.
(b) The juvenile court may reduce the suspension period imposed under Subsection (4)(a)(ii)(A) if:
(i) the violation is the minor's first violation of Section 32B-4-411; and
(ii)
(A) the minor completes an educational series as defined in Section 41-6a-501; or
(B) the minor demonstrates substantial progress in substance use disorder treatment.
(c) The juvenile court may reduce the suspension period imposed under Subsection (4)(a)(ii)(B) if:
(i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
(ii) the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A) the minor is 18 years old or older and provides a sworn statement to the court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B); or
(B) the minor is under 18 years old and has the minor's parent or guardian provide an affidavit or sworn statement to the court certifying that to the parent's or guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B).
(5) When the Department of Public Safety receives the arrest or conviction record of a minor for a driving offense committed while the minor's license is suspended under this section, the Department of Public Safety shall extend the suspension for a like period of time.
Amended by Chapter 116, 2022 General Session
Amended by Chapter 334, 2022 General Session