060 of 1992 - AN ORDINANCE AMENDING CHAPTER 24, SECTION 100, OF TITLE 12, SALT LAKE CITY CODE, RELATING TO PENALTI0 92-1
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SALT LAKE CITY ORDINANCE
No. 60 of 1992
(Driving while under the influence)
AN ORDINANCE AMENDING CHAPTER 24, SECTION 100, OF TITLE 12,
SALT LAKE CITY CODE, RELATING TO PENALTIES FOR DRIVING UNDER THE
INFLUENCE OF DRUGS AND INTOXICANTS AND ADDING NEW SECTIONS 110
and 120 AND RELATING TO UNLAWFULNESS FOR ANY PERSON UNDER AGE
TWENTY-ONE YEARS TO OPERATE A VEHICLE WITH ANY DETECTIBLE ALCOHOL
IN HIS/HER BODY AND DRIVING A COMMERCIAL VEHICLE WHILE HAVING .04
OR MORE BLOOD ALCOHOL LEVEL PROHIBITED AND, RESPECTIVELY, AS
FOLLOWS:
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 12.24.100, Salt Lake City Code,
relating to penalties for driving under the influence of drugs
and intoxicants, 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. It is unlawful and punishable as provided in this
section for any person to operate or be in actual physical
control of a vehicle within this city if the person has a blood
or breath alcohol content of .08 percent or greater by weight as
shown by a chemical test given within two hours after the alleged
operation or physical control, or if the person 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 operating a vehicle within the 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 violating this
section.
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 alcohol in the breath shall be based
upon grams of alcohol per two hundred ten liters of breath.
C. Every person who is convicted the first time of a
violation of subsection A of this section shall be guilty of a
Class B misdemeanor.
D. 1. In addition to the penalties provided for in
subsection C of this section, 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; or
b. Require the person to work in a community -
service work program for not less than twenty-four
hours nor more than fifty hours.
2. In addition to the requirements of subsection Dla
or D1b 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.
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E. 1. Upon a second conviction within six years after a
first conviction under this section, as part of the
penalties provided for in subsection C, 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
b. Require the person to work in a community -
service work program fornotless than eighty hours nor
more than two hundred forty hours.
2. In addition to the requirements of subsection Ela
of Elb above, the court shall order the person to
participate in an assessment and educational series at a
licensed alcohol rehabilitation facility. The court may, in
its discretion, order the person to obtain treatment at the
person's expense at an alcohol rehabilitation facility.
F. 1. Upon a third conviction within six years of two
prior convictions under this section, as part of the
penalties provided for in subsection C, 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; or
b. Require the person to work in a
community -service work project for not less than two
hundred forty hours nor more than two thousand one
hundred sixty hours.
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G. In no event shall any combination of imprisonment
and/or community service imposed under subsections C, D, E and F
above exceed six months' duration.
H. No mandatory portion of any sentence given for a
violation of this section shall be suspended, and the convicted
person shall not be eligible for parole or probation until such
time as any mandatory sentence imposed has been served.
Probation or parole time imposed as a result of any sentence
given for a violation of this ordinance may not be terminated
until all terms and conditions have been completed.
I. through K.
SECTION 2. That Section 12.24.110, Salt Lake City Code,
relating to unlawfulness for any person under age twenty-one
years to operate a vehicle with any detectible alcohol in his/her
body, be, and the same hereby is, ADDED to read as follows:
12.24.110 Unlawful for any person under age twenty-one years to
operate a vehicle with any detectible alcohol in
his/her body.
A. It is unlawful for a person less than twenty-one years
of age to operate or be in actual physical control of a vehicle
while there is any measurable or detectible alcohol, other than
naturally occurring alcohol, in the person's body as measured in
accordance with Section 41-6-44.10, Utah Code Annotated,or its
successor.
B. When a peace officer has reasonable grounds to believe
a person has violated subsection A, the officer may also make an
arrest pursuant to Section 11.44.080, Salt Lake City Code, and
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shall request the person submit to a chemical test administered
in accordance with Section 41-6-44.10, Utah Code Annotated, or
its successor.
C. The peace officer shall advise a person prior to the
person's submission to a chemical test that a test result
indicating a violation of subsection (1)(a) will result in denial
or suspension of the person's license to operate a motor vehicle
or a refusal to issue a license.
D. If the person submits to -a -chemical test and the test
results indicate a blood, breath or urine alcohol content in
violation of subsection (1)(a), or if the officer makes a
determination, based on violation of subsection (1)(a), the
officer directing administration of the test or making the
determination shall serve on the person, on behalf of the Driver
License Division of the State of Utah (division), immediate
notice of the division's intention to deny or suspend the
person's license to operate a vehicle or refusal to issue a
license.
E. When the officer serves immediate notice on behalf of
the division, the officer shall:
1. Take the Utah license certificate or permit, if
any, of the operator;
2. Issue a temporary license certificate effective
for only thirty days if the driver had a valid operator's
license; and
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3. Supply to the operator, on a form to be approved
by the division, basic information regarding how to obtain a
prompt hearing before the division.
F. A citation issued by the officer will also serve as the
temporary license certificate.
G. The peace officer serving the notice shall send to the
division within five days after the date of arrest and service of
the notice:
1. The person's license certificate, if any;
2. A copy of the citation issued for the offense;
3. A signed report on a form approved by the division
indicating the chemical test results, if any; and
4. Any other basis for the officer's determination
that the person has violated subsection (1).
D. Operation of a motor vehicle by a minor after
consumption of alcohol shall be punished as a Class C
misdemeanor.
SECTION 3. That Section 12.24.120, Salt Lake City Code,
relating to operating a commercial vehicle while having .04 or
more blood alcohol level prohibited, be, and the same hereby is,
ADDED to read as follows:
12.24.120 Operating a commercial vehicle while having .04 or
more blood alcohol level prohibited.
A. It is unlawful for any person to operate any vehicle
for which a commercial driver license is required while the
concentration of alcohol in the operator's blood, breath or urine
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is .04 grams or more as measured in accordance with Section 41-6-
44.10, Utah Code Annotated, or its successor; or
B. It is unlawful for any person to operate any vehicle
for which a commercial driver license is required while under the
influence of alcohol, drugs, controlled substances or any
combination of these.
C. A violation of this section shall be punishable as a
Class B misdemeanor.
SECTION 4. This ordinance shall take effect upon the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this
4 day of Alignst- , 1992.
01161.AA.c., K-ZC...12
CHAI PERSON l
ATTEST:
Transmitted to the Mayor on
August 4, 1992
Mayor's Action: XX Approved.
ATTEST:
C T RE
MAYOR
RDER
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Vetoed.
(SEAL)
Bill No.
Published:
GRH:rc
60 of 1992.
August. 19, 1992
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