Utah Code 41-6a-529. Definitions — Alcohol restricted drivers
Current as of: 2024 | Check for updates
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(1) As used in this section and Section 41-6a-530, “alcohol restricted driver” means a person who:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 41-6a-529
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any conviction arising from a separate episode of driving for a violation of:(2)(a)(i) driving under the influence under Section
41-6a-502 ;(2)(a)(ii)(2)(a)(ii)(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections41-6a-512 and41-6a-528 ; or(2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under SectionUtah Code 41-6a-501 - Novice learner driver: means an individual who:
(1)(h)(i) has applied for a Utah driver license;(1)(h)(ii) has not previously held a driver license in this state or another state; and(1)(h)(iii) has not completed the requirements for issuance of a Utah driver license. See Utah Code 41-6a-501- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section
41-6a-1120 , or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102(1)(a) within the last two years:(1)(a)(i) has been convicted of:(1)(a)(i)(A) a misdemeanor violation of Section 41-6a-502 or 76-5-102.1;(1)(a)(i)(B) alcohol, any drug, or a combination of both-related reckless driving under Section 41-6a-512;(1)(a)(i)(C) impaired driving under Section 41-6a-502.5;(1)(a)(i)(D) local ordinances similar to Section 41-6a-502 or 76-5-102.1, alcohol, any drug, or a combination of both-related reckless driving, or impaired driving adopted in compliance with Section 41-6a-510;(1)(a)(i)(E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of conviction is reduced under Section 76-3-402; or(1)(a)(i)(F) statutes or ordinances previously in effect in this state or in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of Section 41-6a-502 or 76-5-102.1, alcohol, any drug, or a combination of both-related reckless driving, or impaired driving if committed in this state, including punishments administered under 10 U.S.C. § 815; or(1)(a)(ii) has had the person’s driving privilege suspended under Section 53-3-223 for an alcohol-related offense based on an arrest which occurred on or after July 1, 2005;(1)(b) within the last three years has been convicted of a violation of this section or Section 41-6a-518.2;(1)(c) within the last five years:(1)(c)(i) has had the person’s driving privilege revoked through an administrative action for refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred on or after July 1, 2005;(1)(c)(ii) has been convicted of a misdemeanor conviction for refusal to submit to a chemical test under Subsection 41-6a-520.1(1); or(1)(c)(iii) has been convicted of a class A misdemeanor violation of Section 41-6a-502 or 76-5-102.1 committed on or after July 1, 2008;(1)(d) within the last 10 years:(1)(d)(i) has been convicted of an offense described in Subsection (1)(a)(i) which offense was committed within 10 years of the commission of a prior offense described in Subsection (1)(a)(i) for which the person was convicted;(1)(d)(ii) has been convicted of a felony violation of refusal to submit to a chemical test under Subsection 41-6a-520.1(1); or(1)(d)(iii) has had the person’s driving privilege revoked for refusal to submit to a chemical test and the refusal is within 10 years after:(1)(d)(iii)(A) a prior refusal to submit to a chemical test under Section 41-6a-520; or(1)(d)(iii)(B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not based on the same arrest as the refusal;(1)(e) at any time has been convicted of:(1)(e)(i) a violation of Section 76-5-207 for an offense that occurred on or after July 1, 2005; or(1)(e)(ii) a felony violation of Section 41-6a-502 or 76-5-102.1 for an offense that occurred on or after July 1, 2005;(1)(f) at the time of operation of a vehicle is under 21 years old; or(1)(g) is a novice learner driver.(2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement. - Novice learner driver: means an individual who: