41-6a-505 - Sentencing requirements for driving under the influence of alcohol, drugs, or a combination of both violations.
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;
(B) require the person to work in a compensatory-service work program for not less than48 hours; or
(C) require the person to participate in home confinement through the use of electronicmonitoring 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 ascreening under Subsection (1)(a)(ii);
(iv) order the person to participate in an educational series if the court does not ordersubstance abuse treatment as described under Subsection (1)(b);
(v) impose a fine of not less than $700; and
(vi) order probation for the person in accordance with Section 41-6a-507, if there isadmissible evidence that the person had a blood alcohol level of .16 or higher; and
(b) the court may:
(i) order the person to obtain substance abuse treatment if the substance abuse treatmentprogram determines that substance abuse treatment is appropriate; or
(ii) order probation for the person in accordance with Section 41-6a-507.
(2) If a person is convicted under Section 41-6a-502 within 10 years of a prior convictionas defined in Subsection 41-6a-501(2):
(a) the court shall:
(i) (A) impose a jail sentence of not less than 240 consecutive hours;
(B) require the person to work in a compensatory-service work program for not less than240 hours; or
(C) require the person to participate in home confinement through the use of electronicmonitoring 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 ascreening under Subsection (2)(a)(ii);
(iv) order the person to participate in an educational series if the court does not ordersubstance abuse treatment as described under Subsection (2)(b);
(v) impose a fine of not less than $800; and
(vi) order probation for the person in accordance with Section 41-6a-507; and
(b) the court may order the person to obtain substance abuse treatment if the substanceabuse treatment program determines that substance abuse treatment is appropriate.
(3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prisonsentence and places the defendant on probation:
(a) the court shall impose:
(i) a fine of not less than $1,500;
(ii) a jail sentence of not less than 1,500 hours;
(iii) supervised probation; and
(iv) an order requiring the person to obtain a screening and assessment and substance
abuse treatment at a substance abuse treatment program providing intensive care or inpatienttreatment and long-term closely supervised follow-through after treatment for not less than 240hours; and
(b) the court may require the person to participate in home confinement through the useof electronic monitoring in accordance with Section 41-6a-506.
(4) (a) The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
(b) Probation or parole resulting from a conviction for a violation under this section maynot be terminated.
(5) If a person is convicted of a violation of Section 41-6a-502 and there is admissibleevidence that the person had a blood alcohol level of .16 or higher, the court shall order thefollowing, or describe on record why the order or orders are not appropriate:
(a) treatment as described under Subsection (1)(b), (2)(b), or (3)(a)(iv); and
(b) one or both of the following:
(i) the installation of an ignition interlock system as a condition of probation for theperson in accordance with Section 41-6a-518; or
(ii) the imposition of home confinement through the use of electronic monitoring inaccordance with Section 41-6a-506.
Enacted by Chapter 2, 2005 General Session