53-3-232 - Conditional license -- May not operate a vehicle or motorboat with alcohol in body -- Penalty.

53-3-232. Conditional license -- May not operate a vehicle or motorboat withalcohol in body -- Penalty.
(1) As used in this section, "qualifying conviction" means:
(a) a conviction of a violation of Section 41-6a-502, Section 41-6a-517, a local ordinancewhich complies with the requirements of Subsection 41-6a-510(1), Section 76-5-207, or ofalcohol-related reckless driving as described under Subsection 41-6a-512(1);
(b) a revocation under Section 41-6a-521 if the revocation is not based on the same arrestas a conviction under Subsection (1)(a); or
(c) a violation of Subsection (3).
(2) (a) Until June 30, 2005, the division may only issue, reinstate, or renew a driverlicense in the form of a no alcohol conditional license to a person who has a qualifyingconviction for a period of:
(i) two years after issuance of a Utah driver license or permit following a first qualifyingconviction for an offense, the arrest for which occurred within the previous 10 years; and
(ii) 10 years after issuance of a Utah driver license or permit following a second orsubsequent qualifying conviction for an offense, the arrest for which occurred within the previous10 years.
(b) Beginning on July 1, 2005, the division may not issue, reinstate, or renew a driverlicense in the form of a no alcohol conditional license.
(3) A no alcohol conditional license shall be issued on the condition that the person maynot operate or be in actual physical control of a vehicle or motorboat in this state with anyalcohol in the person's body.
(4) It is a class B misdemeanor for a person who has been issued a no alcohol conditionallicense to operate or be in actual physical control of a vehicle or motorboat in this state inviolation of Subsection (3).

Amended by Chapter 2, 2005 General Session
Amended by Chapter 91, 2005 General Session
Amended by Chapter 220, 2005 General Session