(1) An individual who holds or is required to hold a CDL may not drive a commercial motor vehicle in this state if the individual: (a) has sufficient alcohol in the individual's body that a subsequent chemical test shows that the individual has a blood or breath alcohol concentration of .04 grams or greater at the time of the test after the alleged driving of the commercial motor vehicle; (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to degree that renders the individual incapable of safely driving a commercial motor vehicle; or (c) has a blood or breath alcohol concentration of .04 grams or greater at the time of driving the commercial motor vehicle. (2) An individual who holds or is required to hold a CDL and who drives a commercial motor vehicle in this state is considered to have given the individual's consent to a test or tests of the individual's blood, breath, or urine to determine the concentration of alcohol or the presence of other drugs in the individual's physical system. (3) If a peace officer or port-of-entry agent has reasonable cause to believe that an individual may be violating this section, the peace officer or port-of-entry agent may request the individual to submit to a chemical test to be administered in compliance with Section 41-6a-515. (4) When a peace officer or port-of-entry agent requests an individual to submit to a test under this section, the peace officer or port-of-entry agent shall advise the individual that test results showing a violation of Subsection (1) or refusal to submit to a test requested will result in the individual's disqualification under Section 53-3-414 from driving a commercial motor vehicle. (5) If test results under this section show a violation of Subsection (1) or the individual refuses to submit to a test requested under this section, a peace officer or port-of-entry agent shall, on behalf of the division and within 24 hours of the arrest, give the individual notice of the division's intention to disqualify the individual's privilege to drive a commercial motor vehicle. (6) When a peace officer or port-of-entry agent gives notice under Subsection (5), the peace officer or port-of-entry agent shall: (a) provide the driver, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division; and (b) issue a 24-hour out-of-service order. (7) As a matter of procedure, a peace officer or port-of-entry agent shall, within 10 calendar days after the day on which notice is provided, send to the division a copy of the notice, and a report signed by the peace officer or port-of-entry agent that shows the results of any chemical test administered or that the person refused a test. (8) (a) An individual disqualified under this section has the right to a hearing regarding the disqualification. (b) The request for the hearing shall be submitted to the division in a manner specified by the division and shall be made within 10 calendar days of the date the notice was issued. (c) If requested, the hearing shall be conducted within 45 days after the date of arrest. (9) (a) (i) Except as provided in Subsection (9)(a)(ii), a hearing held under this section shall be held before the division and in: (A) the county where the notice was issued; or (B) a county that is adjacent to the county where the notice was issued. (ii) The division may hold a hearing in another county if the division and the individual both agree. (b) The division shall document the hearing and shall determine: (i) whether the peace officer or port-of-entry agent had reasonable grounds to believe the individual had been driving a commercial motor vehicle in violation of this section; (ii) whether the individual refused to submit to a requested test; and (iii) each test result obtained. (c) 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) may issue subpoenas for the attendance of necessary peace officers. (d) One or more members of the division may conduct the hearing. (e) After a hearing, a determination made by an authorized agent is valid and binding as if made by the division; (f) After a hearing under this section the division shall indicate by order if the individual's CDL is disqualified. (g) If the individual for whom the hearing is held fails to appear before the division as required in the notice, the division shall indicate by order if the individual's CDL is disqualified. (10) If the division disqualifies an individual's commercial driving privilege under this section following an administrative hearing, the individual may petition for judicial review as described in Section 53-3-224 within 30 days after the day on which the division issues a disqualification order. (11) (a) An individual who violates this section shall be punished in accordance with Section 53-3-414. (b) (i) In accordance with Section 53-3-414, the first disqualification under this section shall be for one year, and a second disqualification shall be for life. (ii) A disqualification under Section 53-3-414 begins on the 60th day after the date of arrest. (12) (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a CDL, a fee under Section 53-3-105 to cover administrative costs shall be paid before the driving privilege is reinstated. (b) The division shall void the fees described in Subsection (12)(a) if an unappealed hearing at the division or court level determines the disqualification was improper. (13) Notwithstanding the provisions of this section, a blood test taken under this section is subject to Section 77-23-213.
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