023 of 1996 - An ordinance amending Section 12.24.100 Salt Lake City Code, relating to driving under the influence0 96-1
0 96-25
SALT LAKE CITY ORDINANCE
No. 73 of 1996
(An ordinance amending Section 12.24.100
Salt Lake City Code, relating to
driving under the influence
of drugs and intoxicants)
AN ORDINANCE AMENDING SECTION 12.24.100, SALT LAKE CITY
CODE, RELATING TO DRIVING UNDER THE INFLUENCE OF DRUGS AND
INTOXICANTS.
Be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. That Section 12.24.100, Salt Lake City
Code, be, and the same hereby is, amended to read as
follows:
12.24.100 Driving under the influence of drugs and
intoxicants prohibited --Penalties.
A.
* * *
B. Percent by weight of alcohol in the blood shall be
based upon grams of alcohol per one hundred milliliters of
blood, and the percent by weight of alcohol concentration in
the breath shall be based upon grams of alcohol per two
hundred ten liters of breath.
C. Every person who is convicted of a violation of
subsection A of this section shall be guilty of a Class B
misdemeanor.
1. The court shall, upon a first conviction,
impose either:
a. A mandatory jail sentence of not less
than forty-eight consecutive hours nor more than
two hundred forty hours; or
b.
2. The court shall also order the person to
participate in an assessment and educational series at
a licensed alcohol rehabilitation facility, at the
person's expense.
3. The court shall also impose a fine of not
less than seven hundred dollars nor more than one
thousand dollars.
D. 1. Upon a second conviction of subsection A
within five years after a first conviction the court
shall impose either:
a. A mandatory jail sentence of not less
than two hundred forty consecutive hours nor more
than seven hundred twenty hours; or
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b. As an alternative to all or a part of a
jail sentence, require the person to work in a
community -service work program for not less than
eighty hours nor more than two hundred forty
hours.
2. In addition to the requirements of subsection
D1a or D1b above, the court shall 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 the person's expense at an alcohol
rehabilitation facility.
3. The court shall also impose a fine of not
less than eight hundred dollars, nor more than one
thousand dollars.
E. 1. Upon a subsequent conviction of subsection A
within five years after a second conviction, the court
shall impose either:
a. A mandatory jail sentence of not less
than seven hundred twenty nor more than two
thousand one hundred sixty hours, with emphasis on
serving in the drunk tank of the jail; or
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b. As an alternative to all or a part of a
jail sentence, require the person to work in a
community -service work project for not less than
cighty two hundred forty hours nor more than seven
hundred twenty hours.
3. The court shall also impose a fine of not
less than nine hundred dollars, nor more than one
thousand dollars.
F. In no event shall any combination of imprisonment
and/or community service imposed under subsections C, D and
E above exceed six months' duration.
G. 1. When the prosecution agrees to a plea of
guilty or no contest to a charge of a violation of
Section 12.52.350 of this title, or its successor, 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 defendant had consumed
alcohol or drugs, or a combination of both, in
connection with the offense. The prosecutor's statement
shall be an offer of proof of the facts which show
whether or not defendant had consumed alcohol or drugs,
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or a combination of both, in connection with the
offense.
2. The court shall advise the defendant, before
accepting the plea offered under subsection G1 above,
of the consequences of a violation of Section 12.52.350
of this title, or its successor, in substance as
follows: "If the court accepts the defendant's plea of
guilty or no contest to a charge of violating said
Section 12.52.350, 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 purpose of subsections
D and E of this section."
H. A peace officer may, without a warrant, arrest a
person for a violation of this section when the officer has
reasonable cause to believe a violation has in fact been
committed by the person, although not in the officer's
presence.
1. This Section 12.24.100 was enacted to be in
harmony with and, in substance, the same as Section
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41-6-44, Utah Code Annotated, 1953, as amended, or its
successor.
SECTION 2. Effective Date. This Ordinance shall take
effect on July 1, 1996.
Passed by the City Council of Salt Lake City, Utah,
this 7 day of May 1996.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
.P
CHIEF DEPUTY CITY ECORDER
Transmitted to the Mayor on May 14, 1996
Mayor's Action:
XXX Approved.
♦♦0,
♦ 11:
ATTEST AND COUNTERSIGN••174
IEF DEPUTY CIT RECORDER
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Vetoed.
s'3 Oda aq, D.S.0..,,.
� r
(SEAL)
Bill No. 23 of 1996.
Published: May 22. 1996
GRH:rc
04/12/96
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