41-6a-529 - Definitions -- Alcohol restricted drivers.
41-6a-529. Definitions -- Alcohol restricted drivers.
(1) As used in this section and Section 41-6a-530, "alcohol restricted driver" means aperson who:
(a) within the last two years:
(i) has been convicted of:
(A) a misdemeanor violation of Section 41-6a-502;
(B) alcohol, any drug, or a combination of both-related reckless driving under Section41-6a-512;
(C) impaired driving under Section 41-6a-502.5;
(D) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination ofboth-related reckless driving, or impaired driving adopted in compliance with Section 41-6a-510;
(E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment ofconviction is reduced under Section 76-3-402; or
(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 wouldconstitute a violation of Section 41-6a-502, alcohol, any drug, or a combination of both-relatedreckless driving, or impaired driving if committed in this state, including punishmentsadministered under 10 U.S.C. Sec. 815; or
(ii) has had the person's driving privilege suspended under Section 53-3-223 for analcohol-related offense based on an arrest which occurred on or after July 1, 2005;
(b) within the last three years has been convicted of a violation of this section or Section41-6a-518.2;
(c) within the last five years:
(i) has had the person's driving privilege revoked for refusal to submit to a chemical testunder Section 41-6a-520, which refusal occurred on or after July 1, 2005; or
(ii) has been convicted of a class A misdemeanor violation of Section 41-6a-502committed on or after July 1, 2008;
(d) within the last 10 years:
(i) has been convicted of an offense described in Subsection (1)(a)(i) which offense wascommitted within 10 years of the commission of a prior offense described in Subsection (1)(a)(i)for which the person was convicted; or
(ii) has had the person's driving privilege revoked for refusal to submit to a chemical testand the refusal is within 10 years after:
(A) a prior refusal to submit to a chemical test under Section 41-6a-520; or
(B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not basedon the same arrest as the refusal;
(e) at any time has been convicted of:
(i) automobile homicide under Section 76-5-207 for an offense that occurred on or afterJuly 1, 2005; or
(ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July 1,2005; or
(f) at the time of operation of a vehicle is under 21 years of age.
(2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to aviolation 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 abeyanceagreement.
Amended by Chapter 226, 2008 General Session