045 of 1983 - Amendment to Sections 46-6-105 and 46-6-106 and deleting sections 46-6-104 and 46-6-110 - Driving u 0 83-30
MiCROFILMED I
SALT LAKE CITY ORDINANCE
No. 45 of 1983
(Driving Under the Influence)
AN ORDINANCE AMENDING SECTIONS 46-6-105 AND 46-6-106 AND
DELETING SECTIONS 46-6-104 AND 46-6-110 OF THE REVISED ORDINANCES
OF SALT LAKE CITY, UTAH, 1965, RELATING TO DRIVING UNDER THE
INFLUENCE CHARGES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . That Section 46-6-105 of the Revised Ordinances
of Salt Lake City , Utah, relating to Users of drugs and intoxi-
cants, be, and the same hereby is amended to read as follows :
Sec. 46-6-105. Users of drugs and intoxicants.
( 1 ) It is unlawful and punishable as provided in this sec-
tion for any person with a blood alcohol content of .08% or
greater by weight, or who is under the influence of alcohol or
any drug , or the combined influence of alcohol and any drug to a
degree which renders the person incapable of safely driving a
vehicle, to drive or be in actual physical control of a vehicle
within this city. The fact that a person charged with violating
this section is or has been legally entitled to use alcohol or a
drug does not constitute a defense against any charge of violat-
ing this section.
( 2 ) Percent by weight of alcohol in the blood shall be
based upon grams of alcohol per one hundred cubic centimeters of
blood.
( 3 ) Every person who is convicted the first time of a vio-
lation of subsection ( 1 ) of this section shall be punished by
imprisonment for not less than 60 days nor more than six months,
or by a fine of $299. 00 or by both such fine and imprisonment.
( 4 ) In addition to the penalties provided for in subsection
(3 ) above, the court shall, upon a first conviction, impose
either: ( a) a mandatory jail sentence of not less than 48
consecutive hours nor more than ten days, with emphasis on
serving in the drunk tank of the jail , or (b) require the person
to work in a community-service work program for not less than two
nor more than ten days. In addition to the requirements of
subsection (4 ) (a) or (b) above, the court shall order the person
to participate in an assessment and educational series at a
licensed alcohol rehabilitation facility, at the person ' s
expense.
( 5) Upon a second conviction within five years after a
first conviction under this section, in addition to the penalties
provided for in subsection ( 3 ) , the court shall impose either:
(a) a mandatory jail sentence of not less than 48 consecutive
hours nor more than ten days, with emphasis on serving in the
drunk tank of the jail, or (b) require the person to work in a
community-service work program for not less than ten nor more
than 30 days. In addition to the requirements of subsection 5( a)
or (b) above, the court shall order the person to participate in
an assessment and educational series at a licensed alcohol
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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.
( 6) Upon a subsequent conviction within five years after a
second conviction under this section, in addition to the penal-
ties provided for in subsection ( 3 ) , the court shall impose
either: ( a) a mandatory jail sentence of not less than 30 nor
more than 90 days with emphasis on serving in the drunk tank of
the jail , or (b) require the person to work in a community-
service work project for not less than 30 nor more than 90
days. In addition to the requirements of subsections 6 ( a) or (b)
above, the court shall order the person at the person 's expense
to obtain treatment at an alcohol rehabilitation facility.
( 7) In no event shall any combination of imprisonment
and/or community service imposed under subsections ( 3) , (4 ) , ( 5)
and (6 ) above exceed six months duration.
( 8 ) No portion of any sentence imposed under subsection ( 3 )
shall be suspended, and the convicted person shall not be
eligible for parole or probation until such time as any sentence
imposed under subsections ( 4 ) , ( 5) or ( 6 ) above has been served.
(9 ) (a) When the prosecution agrees to a plea of guilty or
no contest to a charge of a violation of Section 46-15-222 of
these ordinances 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, includ-
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ing whether or not defendant had consumed alcohol or drugs, or a
combination of both, in connection with the offense. The prose-
cutor's statement shall be an offer of proof of the facts which
show whether or not defendant had consumed alcohol or drugs, or a
combination of both, in connection with the offense.
(b) The court shall advise the defendant, before
accepting the plea offered under subsection ( a) above of the
consequences of a violation of Section 46-15-222 of these
ordinances, in substance as follows : "If the court accepts the
defendant ' s plea of guilty or no contest to a charge of violating
said Section 222, 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 ( 5 ) and ( 6 ) of this section. "
( 10 ) A peace officer may, without a warrant, arrest a
person for a violation of this section when:
(a) the violation is coupled with an accident or
collision in which the person is involved; or
(b) the officer has reasonable cause to believe a
violation has in fact been committed by the person, although not
in the officer 's presence.
( 11 ) This Section 46-6-105 was enacted to be in harmony
with and, in substance, the same as Section 41-6-44, Utah Code
Annotated , 1953, as amended.
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SECTION 2 . That Section 46-6-106 of the Revised Ordinances
of Salt Lake City, Utah, relating to chemical tests as evidence,
be, and the same hereby is amended to read as follows :
Sec. 46-6-106. Chemical tests as evidence. ( 1 ) In any
action or proceeding in which it is material to prove that a
person was driving or in actual physical control of a vehicle
while under the influence of alcohol or with a blood alcohol
content statutorily prohibited, the results of a chemical test or
tests as authorized under Section 41-6-44. 10, Utah Code Anno-
tated , 1953, shall be admissible as evidence.
( 2 ) If the chemical test was taken within two hours of the
alleged driving or actual physical control, the blood alcohol
level of the person shall , at the time of the alleged driving or
actual physical control, be presumed to have been not less than
the level of the alcohol determined to be in the blood by the
chemical test.
( 3 ) If the chemical test was taken more than two hours
after the alleged driving or actual physical control, the test
result shall be admissible as evidence of the person's blood
alcohol level at the time of the alleged driving or actual physi-
cal control, but the trier of fact shall determine what weight
shall be given to the result of the test.
( 4 ) The foregoing provisions of this section shall not pre-
vent a court from receiving otherwise admissible evidence as to a
defendant's blood alcohol level, or of other violations of this
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title, at the time of the alleged driving or actual physical
control.
( 5) This Section 46-6-106 was enacted to be in harmony with
and in substance the same as Section 41-6-44. 5, Utah Code
Annotated , as amended.
SECTION 3. That Section 46-6-104 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is REPEALED.
SECTION 4. That Section 46-6-110 of the Revised Ordinances
of Salt Lake City, Utah, be, and the same hereby is REPEALED.
SECTION 5. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 12th day of July , 1983.
CHAIRMAN /
ATTEST:
C TY RECORDER
Transmitted to Mayor on July 18, 1983
Mayor ' s Action: ----
MAYOR
ATTEST: July 18, 1983
iz
7 J
J Jar
{1f
-' (ClRECORDER
cm70
(S E A L) -6-
BILL 45 of 1983
Published: July 30, 1983
WtJ
a
Affidavit of Publication
STATE OF UTAH,
SS.
County of Salt Lake
SItLT LAKE. ITY
bft ORDINANCE L .. . GIeS Z. .......................................................................
tpriv(�1gNU0ndYrg Influence)
RM4A�ICE AMENDING SFCTIONS 46-6-M AND 466
1p� DEkeT 4t SECTION&M-6-104 AND 46.6-110 OF THE
RLN M D•ODNAryCES'OF 5 Li LAKE CITY, UTAH, 1965'
T1NO TO DRIVING UNDER THE INF.LUFNCE CHARGC Being first duly sworn, deposes and says that he is legal
Be8 ordained bY the City CeukilbfSalt Lake CIN Utah: advertising clerk of the DESERET NEWS, a daily
SECTION 1.That Section 46�,105 of the Reylsod Ordinances
[tf-.' tt Lbke,�sl Utah,relatino to,UVrs of tlhOgs'and•intoxi- (except Sunday) newspaper printed in the English
ca�be and me same her is an•iended to read as follows:
�6is,4nl Users ofdntgs and ln+ozcants: language with general circulation in Utah, and
(1) t,is,unla 1 and,�punishable as pro,��(irded,in this section
fur aatdrsori"wia^blolaAlcoholcontent'bt (>e%br greater by published in Salt Lake City Salt Lake County, in the
weight,,or whb,is under the drfluence of any
or any drug,or r
the combitfad'1600enCo 4k alcohol and any drug to a degree which State Of Utah.
retiders the,persom,ihi:apab •of safely-drivhp a vehicle,tpp,drive
or be in aytual physical control of a vehicle within this citY.Tt?e
fact that a cthpaYgod,With violating this•section Is or has
id 'erne`�ainfitaent'oy�dtaeWcrse o vioati„gthisssectr a drug ion. °"S'i'°'ea That the legal notice of which a copy is attached hereto
(2)PercM by:., ei hf;af alcohol in the blood shall be basest
upon grams of,�alcoho per one hundred cubic centimeters of
blood. • .. . • , .
(3)Every person who is convicted the first time of a violation Ordinance No, 45 of 1983 Driving Under the
Of subsection (1) of this section shall be punished by imprison- ••••••••••••••••••'••'••'''''•
meat for not less than 60 days nor-more than six months,or by a
,fkW,of S2Yy.00or-qv taoth such fine•3nd ImWisWrunent.
(4)in addlftontp ttle.Oenahies proY)).detl toF inMdb$ectfon(a) ............J,�tr.���.e ��................................................................................
above;the cour0hatK upon a first convIctidn,rmbOse"either�(a)
a mandatory fail sentence of not less than 48 consecutive hours
no more than ten days,with rphasis on serving in hie drunk
+a oyf tho ialtf(,or(b),,r uira • arson.ta,wo(k in a communi ...............................................................................................................
Irr�additienp+o rarttullfss'than two nor n1dje than fen
tits 9u ion('4 (a)or(b)
above,',the court II'brder t persofl'td; rticippa.e in an ar
sessment and educational series at a lice alcoiwl rehabilita-
tion facility,at the person's expense. ...............................................................................................................
( *061n flZe yearslaffer a'first
conviction under this section,in addition to•the p0iy,,lties provided
ttory'fen sentence
ce of not less he all i onsecot (a)'a r rmr
5) Upon a`setord'EJpnvfctiah
han
days,
'for in subsection(3)i the court ah
• n 48 consecut vex hours nor_more
serving in the drunk tank of the
fail,or (b) req ire the person to work ih p'community-service
work program for tot less,than ten nor more than 30 days;In was published in said newspaper on.........................................
addition to the requirements of subsectidn 5(a)or(W above,the
court shall order the person to participate in an assessn*nt and
educational series at a licensed alcohol rehabilitation tacilrtY,and
the court mar,in its discretion,order the'person to obtain treat- r�ld1• •3a � �
mend a+the person's expense at an alcohol,rehabilitation facility.' •••••••••••• f •••••••
(6) Upon a subsequent conviction within five years after a
second conviction under this section,In addition to the Penalties
Provided for in subsection(3),the court shall impose either: (a) ......................................................
a mandatory fail sentence of not less than 30 nor more than 90
Legal tlsing k
'days with emphasis on serving in the drunk tank of the ioil,or
(b)require the person to work in a community-service.work'pro)-
act for not less than 30 nor more than 90 days.In addition to ttte
requirements of subsections 6(a) or (b) above, the court
order the Person at the perso„'s`expense to obtaintreatmenfet an
alcohol rehabilitation facility.
community service servicevent sImlposed ur011idernso�tiol sp(3)n�nt(5)and/or
before me this ................................$ F>............................................ day of
(6)above exceed six months duration.
(8)No portion of any sentence Imposed under subsection(3)
shall be suspended,and the convicted person shall not be eligible A.D.wild sr.ote�se°e go(4)in until
(6wahMinbove Ftas been served.ce imposed .............A 19..8.�..
(9) (a)When the prosecution agrees to a plea of guilty or no
contest to a charge of a violation of Section 46,15.222 of these ordi-
nances 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 ndt de-
fendant 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 defen t '.( �.. :.....:.............�.. �.,:....:'tN,J ........
dant had consumed alcohol or drugs,or a combination of both,In if Notary Public
connection with the offense.a)frdueso the deaf,heco �the Plea offered ndrVs n(a)abDDvothe consequences
of a violation of Section 46.1 of these ordlnances,in substance
as follows: "If the court'accepts the defendant's plea of guilty or
no contest to a charge of violating said Section 222,and the prose-
cutor states for the record that there was consumptlon 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 suf�sections(5)and'(6)of this section."
(10)A peace off car may,without a warrant,arrest a person ' LMARLAR
fora violation of this section whan(a)fhe violation is coupled with an accident or collision in
which the person is involved;or-
has in( the fact bee°rrff'commiffed by the persat alihou�elh not ih the oM ,y .............�.
cer's presence. ..............................: .................._
!I
ADM-35A
I U i+this Section—Iffi was so-ted to be in harmo ty with
and,in subst—,1tw same as Seddon 47464.Utah Coda M-
1951,as amerped.
S CTION 1.1yT�haf Section 1661PS of 1M Revised Ordinances
oo re
e,aM fhe�iame herehY is a lal to ii esfallot5 as aYidtvlca,
Sec.Kd-706.Cllemkal tests as-Ilene¢.(1)In an,
action
orOrJtedlltg in a/11N Il fa n1atLYidl ro Prove that a Person was
dlivirg or In actual n"kal control o a vehicle while under Me
IMluenppee o eleoW or wiM a goad dl uhol Wnknt sfahaa'ily
PruhibRifed,Ina resulfa of a chemkal test or lash as authorized
Mar Sedlon d1-64.10,Utah COdO Nalelaled,1953,-shall be
edmissable as widence.
Ilea 0 drlvim bar o MWal 0 cal lost al taMItrot,fins bl000d alcoolslo�euel
o7fryhylB�aParWsbnh ps�l�b"'pot the timo of Iha alle9el drivtrp or a lual
a1 Nse¢ipr�Adtlolt`rlele rn ed fi bbe inyshaa�er�-blood nnotite nemiwlnie ffl vel
bye(athan two hours altar
atlllm16586 ei wim adedee lot tfle cersm`ohl��ll f hollVe a1
the lhrie of th all�.god dnnrq or aClgal pllyslWl alcohol
but 111e
trier o fact sllol determine what wei.W 0.11 be given to Me
result o IfgtWt.
y p�(4)The touaBoing PrWisians-o Iahl)s sectiM slhsll rqt Prevedl
tleferbanl s blootl aalcoho°Inev'seI of of oftr vlolait n thisniik,
alike}ImeolMallegcvl dNvlrp ar actual ysicaicgdrol. ,.
and in subsfart—BudMlle s 7as Se Iim df�drod.9,Utah CWeArInP
�ated,�ae amended
oSaliLakoCiN.Uah,byeandthesamo the ebRyy-iREPEALSD
SECTION 4.That$action 4sd110 o tho Revsed Ordinances
or Salt Lake CiN,Utah,be,old ltle same herCbY is REPEALED.
SECTION S.This ordirence Shall take effect coon ifs first
Publleathn.
Passed by hie CIN Council of Salt Lake CiN,Utah,Mh I
day Pf Jul,1903.
GRANT MASEY
CHAIRMAN AIRMAN
ATTEST:
CITY
ORDERMARS LL
CITY RECORDER
ansrniRad InMMa—on Jun,I0,1903
m aYa's Action:
TED W ILSON
A4AYOR
ATTEST:July TNR SH
ALL
CITY RECORDER
(SEAL)
BLLL B or 1983
Kd Wblist :July 30,1967
C-SI