Chapter 9.24
DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS
Sections:
9.24.010 Unlawful to drive while license suspended or revoked.
9.24.020 Penalty for driving while license suspended or revoked.
9.24.060 Reckless driving – Penalty.
9.24.070 Operation of vehicle under the influence of liquor or drugs unlawful.
9.24.080 Assessment in addition to fine for driving while intoxicated.
9.24.010 Unlawful to drive while license suspended or revoked.
A person whose operator’s license has been suspended or revoked as provided in this chapter or a law or ordinance similar to Section 53-3-227, Utah Code Annotated 1953, and who drives any motor vehicle upon the highways of this town while that license is suspended or revoked is guilty of a crime and upon conviction shall be punished as provided in MMC 9.24.020. [Amended during 2010 recodification; Code 1986 § 13-41-2-28.]
9.24.020 Penalty for driving while license suspended or revoked.
A. A person convicted of a violation of MMC 9.24.010, other than a violation specified in subsection (B) of this section, shall be punished by imprisonment for a period of not more than six months and there may be imposed in addition thereto a fine of not more than $299.00.
B. A person whose conviction under MMC 9.24.010 is based on his driving while his operator’s or chauffeur’s license is suspended or revoked for a violation of MMC 9.24.030 or a law or ordinance similar to this chapter or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of these sections or laws or ordinances similar thereto shall be punished by a fine of at least $299.00 or by imprisonment for six months or by both such fine and imprisonment. [Code 1986 § 13-41-2-30.]
9.24.030 Driving while under the influence of alcohol or drugs – Presumption arising from alcoholic content of blood – Basis of percentage by weight of alcohol – Criminal punishment – Additional penalties – Plea of guilty – Arrest without warrant – Revocation of license.
A. It is unlawful and punishable as provided in this section for any person with a blood alcohol content of 0.08 percent or greater by weight, or who is under the influence of alcohol, or any drug or the combined influence of alcohol and any drug to a degree which renders the person incapable of safely driving a vehicle, to drive or be in actual physical control of a vehicle within this town. The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug does not constitute a defense against any charge of violating this section.
B. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood.
C. Every person who is convicted the first time of a violation of subsection (A) of this section shall be punished by imprisonment for not less than 60 days nor more than six months, or by a fine of $299.00, or by both such fine and imprisonment; except that if the person has inflicted a bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner, he shall be punished by imprisonment in the county jail for not more than one year, and, in the discretion of the court, by fine of not more than $1,000. For the purpose of this section, the standard of negligence is that of simple negligence, the failure to exercise that degree of care which ordinarily reasonable and prudent persons exercise under like or similar circumstances.
D. In addition to the penalties provided for in subsection (C) of this section, the court shall, upon the first conviction, impose a mandatory jail sentence of not less than 48 consecutive hours nor more than 10 days with emphasis on serving in the drunk tank of the jail, or require the person to work in a community-service work program for not less than two nor more than 10 days and, in addition to the jail sentence or the work in the community-service work program, order the person to participate in an assessment and educational series at a licensed alcohol rehabilitation facility.
E. Upon a second conviction within five years after a first conviction under this section, the court shall, in addition to the penalties provided for in subsection (C) of this section, impose a mandatory jail sentence of not less than 48 consecutive hours nor more than 10 days with emphasis on serving in the drunk tank of the jail, or require the person to work in a community-service work program for not less than 10 nor more than 30 days and, in addition to jail sentence or the work in the community-service work program, order the person to participate in an assessment and educational series at a licensed alcohol rehabilitation facility and the court may, in its discretion, order the person to obtain treatment at an alcohol rehabilitation facility. Upon a subsequent conviction within five years after a second conviction under this section, or law or ordinance similar to this section, the court shall, in addition to the penalties provided for in subsection (C) of this section, impose a mandatory jail sentence of not less than 30 nor more than 90 days with emphasis on serving in the drunk tank of the jail, or require the person to work in a community-service work program for not less than 30 nor more than 90 days and, in addition to the jail sentence or work in the community-service work program, order the person to obtain treatment at an alcohol rehabilitation facility. No portion of any sentence imposed under subsection (C) of this section shall be suspended and the convicted person shall not be eligible for parole or probation until such time as any sentence imposed under this section has been served. Probation or parole resulting from a conviction for a violation of this section shall not be terminated and the department of public safety shall not reinstate any license suspended or revoked as a result of such conviction, it is a second or subsequent such conviction within five years, until and unless the convicted person has furnished evidence satisfactory to the department that all fines and fees, including fees for restitution, and rehabilitation costs, assessed against the person, have been paid.
F. The provisions in subsections (D) and (E) of this section that require a sentencing court to order a convicted person to participate in an assessment and educational series at a licensed alcohol rehabilitation facility, obtain, in the discretion of the court, treatment at an alcohol rehabilitation facility, or obtain, mandatorily, treatment at an alcohol rehabilitation facility, or do any combination of those things, apply to a conviction for a violation of MMC 9.24.060 that qualifies as a prior offense under subsection (G) of this section, so as to require the court to render the same order regarding education or treatment at an alcohol rehabilitation facility, or both, in connection with a first, second, or subsequent conviction under MMC 9.24.060 that qualifies as a prior offense under subsection (G) of this section, as he would render in connection with applying respectively, the first, second, or subsequent conviction requirements of subsections (D) and (E) of this section. For purposes of determining whether a conviction under MMC 9.24.060 which qualified as a prior conviction under subsection (G) of this section, is a first, second, or subsequent conviction under this subsection, a previous conviction under either this section or MMC 9.24.060 is deemed a prior conviction. Any alcohol rehabilitation program and any community-based or other educational program provided for in this section must be approved by the department of social services.
G. 1. When the prosecution agrees to a plea of guilty or no contest to a charge of a violation of MMC 9.24.060 in satisfaction of, or as a substitute for, an original charge of a violation of this section, the prosecution shall state for the record a factual basis for the plea, including whether or not there had been consumption of alcohol or drugs, or a combination of both, by the defendant in connection with the offense. The statement shall be an offer of proof of the facts which show whether or not there was consumption of alcohol or drugs, or a combination of both, by the defendant, in connection with the offense.
2. The court shall advise the defendant before accepting the plea offered under this subsection of the consequences of a violation of MMC 9.24.060 as follows: If the court accepts the defendant’s plea of guilty or no contest to a charge of violating MMC 9.24.060, and the prosecutor states for the record that there was consumption of alcohol or drugs, or a combination of both, by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of subsection (E) of this section.
3. The court shall notify the department of public safety of each conviction of MMC 9.24.060 which shall be a prior offense for the purposes of subsection (E) of this section.
H. A peace officer may, without a warrant, arrest a person for a violation of this section when the violation is coupled with an accident or collision in which the person is involved and when the violation has, in fact, been committed, although not in his presence, if the officer has reasonable cause to believe that the violation was committed by the person.
I. The department of public safety shall suspend for a period of 90 days the operator’s license of any person convicted for the first time under subsection (A) of this section, and shall revoke for one year the license of any person otherwise convicted under this section, except that the department may subtract from any suspension period the number of days for which a license was previously suspended under Section 53-3-223, Utah Code Annotated 1953, if the previous suspension was based on the same occurrence which the record of conviction is based upon. (See Section 41-6a-502, Utah Code Annotated 1953.) [Amended during 2010 recodification; Code 1986 § 13-41-6-44.]
9.24.040 Statutes adopted.
The provisions of Sections 41-6a-515, 41-6a-516 and 41-6a-519, Utah Code Annotated 1953, hereby are adopted by reference. [Amended during 2010 recodification; Code 1986 §§ 13-41-6-44.3, 13-41-6-44.5, 13-41-6-44.8.]
9.24.050 Implied consent to chemical testing for alcohol or drug – Refusal to allow – Warning, report, revocation of license – Court action on revocation – Person incapable of refusal – Results of test available – Who may give test – Evidence.
A. Any person operating a motor vehicle in this town shall be deemed to have given his consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining whether he was driving or in actual physical control of a motor vehicle while having a blood alcohol content statutorily prohibited, or while under the influence of alcohol, any drug, or combination of alcohol and any drug as detailed in MMC 9.24.030 so long as the test is or tests are administered at the direction of a peace officer having grounds to believe that person to have been driving or in actual physical control of a motor vehicle while having a blood alcohol content statutorily prohibited, or while under the influence of alcohol, any drug, or combination of alcohol and any drug as detailed in MMC 9.24.030. A peace officer shall determine which of the aforesaid tests shall be administered.
No person who has been requested under this section to submit to a chemical test or tests of his breath, blood, or urine shall have the right to select the test or tests to be administered. The failure or inability of a peace officer to arrange for any specific test is not a defense with regard to taking a test requested by a peace officer and shall not be a defense in any criminal, civil or administrative proceeding resulting from a person’s refusal to submit to the requested test or tests.
B. If the person has been placed under arrest and has thereafter been requested by a peace officer to submit to any one or more of the chemical tests provided for in subsection (A) of this section and refuses to submit to the chemical test or tests, that refusal to submit to the test or tests can result in revocation of his license to operate a motor vehicle. Following the warning, unless the person immediately requests that the chemical test or tests as offered by a peace officer be administered, no test shall be given and the peace officer shall submit to the department a sworn report of public safety within five days after the date of the arrest, that he had grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle while having a blood alcohol content statutorily prohibited or while under the influence of alcohol or any drug or combination of alcohol and any drug as detailed in MMC 9.24.030 and that the person had refused to submit to a chemical test or tests as set forth in subsection (A) of this section.
C. Any person who is dead, unconscious, or in any other condition rendering him incapable of refusal to submit to any such chemical test or tests shall be deemed not to have withdrawn the consent provided for in subsection (A) of this section, and the test or tests may be administered whether such person has been arrested or not.
D. Upon the request of the person who is tested, the results of such test or tests shall be made available to him.
E. Only a physician, registered nurse, practical nurse or person authorized under Section 26-1-30(19), Utah Code Annotated 1953, acting at the request of a peace officer can withdraw blood for the purpose of determining the alcoholic or drug content therein. This limitation shall not apply to the taking of a urine or breath specimen. Any physician, registered nurse, practical nurse or person authorized under Section 26-1-30(19), Utah Code Annotated 1953, who, at the direction of a peace officer, draws a sample of blood from any person whom the peace officer has reason to believe is driving in violation of this chapter, or hospital or medical facility at which such sample is drawn, shall be immune from any civil or criminal liability arising therefrom, provided such test is administered according to standard medical practice.
F. The person to be tested may, at his own expense, have a physician of his own choosing administer a chemical test in addition to the test or tests administered at the direction of the peace officer. The failure or inability to obtain such additional test shall not affect admissibility of the results of the test or tests taken at the direction of a peace officer, nor preclude nor delay the test or tests to be taken at the direction of a peace officer. Such additional test shall be subsequent to the test or tests administered at the direction of a peace officer.
G. For the purpose of determining whether to submit to a chemical test or tests, the person to be tested shall not have the right to consult an attorney nor shall such a person be permitted to have an attorney, physician or other person present as a condition for the taking of any test.
H. If a person under arrest refuses to submit to a chemical test or tests under the provisions of this section, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol or any drug or combination of alcohol or any drug. (See Section 41-6a-520, Utah Code Annotated 1953.) [Amended during 2010 recodification; Code 1986 § 13-41-6-44.10.]
9.24.060 Reckless driving – Penalty.
A. Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
B. Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than six months or by a fine of not less than $25.00 nor more than $299.00, or by both such fines and imprisonment. On a second or subsequent conviction, the person shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50.00 nor more than $299.00 or by both such fine and imprisonment. (See Section 41-6a-528, Utah Code Annotated 1953.) [Amended during 2010 recodification; Code 1986 § 13-41-6-45.]
9.24.070 Operation of vehicle under the influence of liquor or drugs unlawful.
It is unlawful for any person who is under the influence of intoxicating liquor or any narcotic drugs to drive or be in actual physical control of any recreational vehicle within this town. Violators will be subject to all procedures, implied consent, presumptions and punishments, provisions of MMC 9.24.030 and 9.24.050, except MMC 9.24.050(C).
It is also unlawful and punishable under MMC 9.24.050(C) for any person, after being placed under arrest for violation of this section, to refuse to submit to any one of the chemical tests provided. (See Section 41-6a-520, Utah Code Annotated 1953.) [Amended during 2010 recodification; Code 1986 § 13-41-22-14.]
9.24.080 Assessment in addition to fine for driving while intoxicated.
A. In each case where a defendant is convicted of violating MMC 9.24.030 or a criminal prohibition that he was charged with violating as a result of a plea bargain after having been originally charged with violating MMC 9.24.030, or a law or ordinance similar to Section 13-41-6-43(3) (Code 1986 Section 13-63-6-43(3)), the court, including justice of the peace courts, shall, at the time of sentencing, assess up to $150.00 for a first conviction and up to $299.00 for each subsequent conviction, above any fine imposed, and to be collected by the court or any entity appointed by the court, for the purpose of funding programs.
B. In addition to the fees provided for in subsection (A) of this section, the court shall impose against such a defendant further assessments, above any fine imposed, and to be collected by the court or any entity appointed by the court, to fully compensate agencies which treat the defendant for their costs. [Amended during 2010 recodification; Code 1986 § 13-63-43-10.]