in body -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of license or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse authority or program. (1) (a) As used in this section: (i) "Local substance abuse authority" means the same as that term is defined in Section 62A-15-102. (ii) "Substance abuse program" means a substance abuse program licensed by the Department of Human Services or the Department of Health and approved by the local substance abuse authority. (b) Calculations of blood, breath, or urine alcohol concentration under this section shall be made in accordance with Subsection 41-6a-502(1). (2) (a) An individual younger than 21 years old may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration in the individual's body as shown by a chemical test. (b) An individual who violates Subsection (2)(a), in addition to any other applicable penalties arising out of the incident, shall have the individual's operator license denied or suspended as provided in Subsection (7). (3) (a) When a peace officer has reasonable grounds to believe that an individual may be violating or has violated Subsection (2), the peace officer may, when arresting the individual for a violation of Section 32B-4-409, request that the individual submit to a chemical test or tests to be administered in compliance with Section 41-6a-520. (b) The peace officer shall advise an individual before the individual's submission to a chemical test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension of the individual's license to operate a motor vehicle or a refusal to issue a license. (c) If the individual submits to a chemical test and the test results show a blood, breath, or urine alcohol content in violation of Subsection (2)(a), or if a peace officer determines, based on reasonable grounds, that the individual is otherwise in violation of Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the arrest, give notice of the division's intention to deny or suspend the individual's license to operate a vehicle or refusal to issue a license under this section. (4) When a peace officer gives notice on behalf of the division, the peace officer shall supply to the operator, in a manner specified by the division, basic 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) a copy of the citation issued for the offense; (b) a signed report in a manner specified by the division showing the chemical test results, if any; and (c) any other basis for a peace officer's determination that the individual has violated Subsection (2). (6) (a) (i) 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 under Section 32B-4-409. (ii) The individual shall request a hearing described in Subsection (6)(a)(i) within 10 calendar days after the day on which the peace officer provides notice. (b) (i) Except as provided in Subsection (6)(b)(ii), if the division holds a hearing, the division shall hold the hearing in: (A) the county in which the arrest occurred; or (B) a county that is adjacent to the county in which the arrest occurred. (ii) The division may hold a hearing in another county if the division and the individual both agree. (c) The division shall document the hearing and shall cover the issues of: (i) whether a peace officer had reasonable grounds to believe the individual was operating a motor vehicle or motorboat in violation of Subsection (2)(a); (ii) whether the individual refused to submit to a test; and (iii) the test results, if any. (d) In connection with a hearing, the division or the division's authorized agent may: (i) administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant documents; and (ii) issue subpoenas for the attendance of necessary peace officers. (e) One or more members of the division may conduct the hearing. (f) 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 Subsection (2)(a), if the individual fails to appear before the division as required in the notice, or if the individual does not request a hearing under this section, the division shall for an individual under 21 years old on the date of arrest: (a) deny the individual's license until the individual complies with Subsection (10)(b)(i) but for a period of not less than six months beginning on the 60th day after the date of arrest for a first offense under Subsection (2)(a); (b) suspend the individual's license until the individual complies with Subsection (10)(b)(i) and 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 offense under Subsection (2)(a) within 10 years of a prior denial or suspension; (c) deny the individual's application for a license or learner's permit until the individual complies with Subsection (10)(b)(i) but for a period of not less than six months beginning on the 60th day after the date of the arrest, if: (i) the individual has not been issued an operator license; and (ii) the suspension is for a first offense under Subsection (2)(a); and (d) deny the individual's application for a license or learner's permit until the individual complies with Subsection (10)(b)(i) and 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 the arrest, if: (i) the individual has not been issued an operator license; and (ii) the suspension is for a second or subsequent offense under Subsection (2)(a) committed within 10 years of a prior denial or suspension. (8) (a) (i) Following denial or suspension the division shall assess against an individual, 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. (ii) The division shall void the fee described in Subsection (8)(a)(i) if the individual obtains an unappealed division hearing or court decision that the suspension was improper. (b) An individual whose operator license has been denied, suspended, or postponed by the division under this section following an administrative hearing may file a petition for judicial review as described in Section 53-3-224 within 30 days after the day on which the division issues a suspension order. (9) After reinstatement of an operator license for a first offense under this section, a report authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the individual's operator license under this section if the individual has not been convicted of any other offense for which the denial or suspension may be extended. (10) (a) In addition to the penalties in Subsection (8), an individual who violates Subsection (2)(a) shall: (i) obtain an assessment and recommendation for appropriate action from a substance abuse program, but any associated costs shall be the individual's responsibility; or (ii) be referred by the division to the local substance abuse authority for an assessment and recommendation for appropriate action. (b) (i) Reinstatement of the individual's operator license or the right to obtain an operator license within five years of the effective date of the license sanction under Subsection (7) is contingent upon successful completion of the action recommended by the local substance abuse authority or the substance abuse program. (ii) The local substance abuse authority's or the substance abuse program's recommended action shall be determined by an assessment of the individual's alcohol abuse and may include: (A) a targeted education and prevention program; (B) an early intervention program; or (C) a substance abuse treatment program. (iii) Successful completion of the recommended action shall be determined by standards established by the Division of Substance Abuse and Mental Health. (c) At the conclusion of the penalty period imposed under Subsection (2), the local substance abuse authority or the substance abuse program shall notify the division of the individual's status regarding completion of the recommended action. (d) The local substance abuse authorities and the substance abuse programs shall cooperate with the division in: (i) conducting the assessments; (ii) making appropriate recommendations for action; and (iii) notifying the division about the individual's status regarding completion of the recommended action. (e) (i) The local substance abuse authority is responsible for the cost of the assessment of the individual's alcohol abuse, if the assessment is conducted by the local substance abuse authority. (ii) The local substance abuse authority or a substance abuse program selected by an individual is responsible for: (A) conducting an assessment of the individual's alcohol abuse; and (B) for making a referral to an appropriate program on the basis of the findings of the assessment. (iii) (A) The individual who violated Subsection (2)(a) is responsible for all costs and fees associated with the recommended program to which the individual selected or is referred. (B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale consistent with the local substance abuse authority's policies and practices regarding fees for services or determined by the substance abuse program.
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