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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 0.08 gram or greater by weight as shown by a chemical test, 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 driving 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 (100 ml) 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 (210 l) 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 (48) consecutive hours nor more than two hundred forty (240) hours; or
b. Require the person to work in a community service work program for not less than twenty four (24) hours nor more than fifty (50) hours.
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 ($700.00) nor more than one thousand dollars ($1,000.00).
D. 1. Upon a second conviction of subsection A of this section within five (5) years after a first conviction the court shall impose either:
a. A mandatory jail sentence of not less than two hundred forty (240) consecutive hours nor more than seven hundred twenty (720) hours; or
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 (80) hours nor more than two hundred forty (240) hours.
2. In addition to the requirements of subsection D1a or D1b of this section, 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 ($800.00), nor more than one thousand dollars ($1,000.00).
E. 1. Upon a subsequent conviction of subsection A of this section within five (5) years after a second conviction, the court shall impose either:
a. A mandatory jail sentence of not less than seven hundred twenty (720) hours nor more than two thousand one hundred sixty (2,160) hours, with emphasis on serving in the drunk tank of the jail; or
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 two hundred forty (240) hours nor more than seven hundred twenty (720) hours.
2. The court shall also impose a fine of not less than nine hundred dollars ($900.00), nor more than one thousand dollars ($1,000.00).
F. In no event shall any combination of imprisonment and/or community service imposed under subsections C, D and E of this section exceed six (6) 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, 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 of this section, 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.
I. This section was enacted to be in harmony with and, in substance, the same as section 41-6-44, Utah Code Annotated, 1953, as amended, or its successor. (Ord. 1-06 § 27, 2006: Ord. 23-96 § 1, 1996: Ord. 85-92 § 1, 1992: Ord. 60-92 § 1, 1992: Ord. 82-87 § 1, 1987: prior code § 46-6-105)
A. 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 Annotated, 1953, or its successor, shall be admissible as evidence.
B. If the chemical test was taken within two (2) 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.
C. If the chemical test was taken more than two (2) 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 physical control, but the trier of fact shall determine what weight shall be given to the result of the test.
D. The foregoing provisions of this section shall not prevent a court from receiving otherwise admissible evidence as to a defendant's blood alcohol level, or of other violations of this title, at the time of the alleged driving or actual physical control.
E. This section was enacted to be in harmony with and in substance the same as section 41-6-44.5, Utah Code Annotated, as amended, or its successor. (Prior code § 46-6-106)
Except as provided in section 12.24.120 of this chapter, or its successor, any person whose driving privilege has been denied, suspended, disqualified, or revoked under the laws of the state or under the laws of the state in which the person's driving privilege was granted and who drives any motor vehicle within the city while that driving privilege is denied, suspended, disqualified, or revoked is guilty of an infraction. (Ord. 21-03 § 2, 2003: Ord. 31-00 § 15, 2000)
A. A person is guilty of a class B misdemeanor who is convicted of driving any motor vehicle within the city while that driving privilege is denied, suspended, disqualified, or revoked under the laws of the state or under the laws of the state in which the person's driving privilege was granted, and which denial, suspension, disqualification, or revocation was for:
1. A refusal to submit to a chemical test under section 41-6-44.10, Utah Code Annotated, 1953, as amended, or its successor;
2. A violation of section 41-6-44, Utah Code Annotated, 1953, as amended, or its successor;
3. A violation of section 12.24.100 of this chapter or its successor;
4. A violation of section 41-6-44.6, Utah Code Annotated, 1953, as amended, or its successor;
5. A violation of section 76-5-207, Utah Code Annotated, 1953, as amended, or its successor;
6. A criminal action that the person pleaded guilty to as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances under this chapter;
7. A revocation or suspension which has been extended under subsection 53-3-220(2), Utah Code Annotated, 1953, as amended, or its successor; or
8. Where disqualification is the result of driving a commercial motor vehicle while the person's CDL is disqualified, suspended, canceled, or revoked under subsection 53-3-414(1), Utah Code Annotated, 1953, as amended, or its successor.
B. A person is guilty of a class B misdemeanor whose conviction under subsection A of this section is based upon the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked in any state for violations corresponding to the violations listed in subsection A of this section.
C. A fine imposed under this section shall be at least the maximum fine for a class C misdemeanor under section 76-3-301, Utah Code Annotated, 1953, as amended, or its successor. (Ord. 31-00 § 16, 2000)