Chemical test for driving under the influence — Temporary license — Hearing and decision — Suspension and fee — Judicial review.
EXCERPTS:(3) If the person submits to a chemical test and the test results indicate a blood or breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes a determination, based on reasonable grounds, that the person is otherwise in violation of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice of the division’s intention to suspend the person’s license to drive a motor vehicle. (4) (a) When a peace officer gives notice on behalf of the division, the peace officer shall: (i) take the Utah license certificate or permit, if any, of the driver; (ii) issue a temporary license certificate effective for only 29 days from the date of arrest; and (iii) supply to the driver, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division. (b) A citation issued by a peace officer may, if provided in a manner specified by the division, also serve as the temporary license certificate. (5) As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which notice is provided: (a) the person’s license certificate; (b) a copy of the citation issued for the offense; (c) a signed report in a manner specified by the division indicating the chemical test results, if any; and (d) any other basis for the peace officer’s determination that the person has violated Section 41-6a-502 or 41-6a-517. (6) (a) Upon request in a manner specified by the division, the division shall grant to the person an opportunity to be heard within 29 days after the date of arrest. The request to be heard shall be made within 10 calendar days of the day on which notice is provided under Subsection (5). (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the division in: (A) the county in which the arrest occurred; or (B) a county that is adjacent to the county in which the arrest occurred. (ii) The division may hold a hearing in some other county if the division and the person both agree. (c) The hearing shall be documented and shall cover the issues of: (i) whether a peace officer had reasonable grounds to believe the person was driving a motor vehicle in violation of Section 41-6a-502 or 41-6a-517; (ii) whether the person refused to submit to the test; and (iii) the test results, if any. (f) Any decision made after a hearing before any designated employee is as valid as if made by the division.