Utah Code Title 41. Motor Vehicles § 41-6a-505. Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations

(1) As part of any sentence for a first conviction of Section 41-6a-502 :

(a) the court shall:

(i)(A) impose a jail sentence of not less than 48 consecutive hours;  or

(B) require the person to work in a compensatory-service work program for not less than 48 hours;

(ii) order the person to participate in a screening;

(iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii);

(iv) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (1)(b);

(v) impose a fine of not less than $700;

(vi) order probation for the person in accordance with Section 41-6a-507 , if there is admissible evidence that the person had a blood alcohol level of .16 or higher;

(vii)(A) order the person to pay the administrative impound fee described in Section 41-6a-1406 ;  or

(B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the person sentenced, order the person sentenced to reimburse the party;  or

(viii)(A) order the person to pay the towing and storage fees described in Section 72-9-603 ;  or

(B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the person sentenced, order the person sentenced to reimburse the party;  and

(b) the court may:

(i) order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;

(ii) order probation for the person in accordance with Section 41-6a-507 ;

(iii) order the person to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the person is 21 years of age or older;  or

(iv) order a combination of Subsections (1)(b)(i) through (iii).

(2) If a person has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction is based:

(a) the court shall:

(i)(A) impose a jail sentence of not less than 240 hours;  or

(B) impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506 ;

(ii) order the person to participate in a screening;

(iii) order the person to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii);

(iv) order the person to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b);

(v) impose a fine of not less than $800;

(vi) order probation for the person in accordance with Section 41-6a-507 ;

(vii)(A) order the person to pay the administrative impound fee described in Section 41-6a-1406 ;  or

(B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the person sentenced, order the person sentenced to reimburse the party;  or

(viii)(A) order the person to pay the towing and storage fees described in Section 72-9-603 ;  or

(B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the person sentenced, order the person sentenced to reimburse the party;  and

(b) the court may:

(i) order the person to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;

(ii) order the person to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the person is 21 years of age or older;  or

(iii) order a combination of Subsections (2)(b)(i) and (ii).

(3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison sentence and places the defendant on probation, the court shall impose:

(a) a fine of not less than $1,500;

(b) a jail sentence of not less than 1,500 hours;  and

(c) supervised probation.

(4) For Subsection (3)(a) or Subsection 41-6a-503(2)(b), the court:

(a) shall impose an order requiring the person to obtain a screening and assessment for alcohol and substance abuse, and treatment as appropriate;  and

(b) may impose an order requiring the person to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.

(5)(a) The requirements of Subsections (1)(a), (2)(a), (3)(a), and (4) may not be suspended.

(b) Probation or parole resulting from a conviction for a violation under this section may not be terminated.

(6) If a person is convicted of a violation of Section 41-6a-502 and there is admissible evidence that the person had a blood alcohol level of .16 or higher, the court shall order the following, or describe on record why the order or orders are not appropriate:

(a) treatment as described under Subsection (1)(b), (2)(b), or (4);  and

(b) one or more of the following:

(i) the installation of an ignition interlock system as a condition of probation for the person in accordance with Section 41-6a-518 ;

(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the person;  or

(iii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506 .


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