4.11 Deadly Driving Behavior #4 Impaired USBE

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VIDEO #1

Special Subjects, Interests for Drivers, Alcohol, Point System, Driving Record Video.mp4

VIDEO #2

WAYS YOU COULD LOSE YOUR LICENSE - LICENSE REVOCATION & SUSPENSION, ALCOHOL, POINT SYSTEM, DRIVING RECORDS (*This one is a good one, but a long one)

This Section Covers 

License Revocations 

License Suspensions 

Driving and Using Alcohol or Drugs 

The Drinking Driver/Drug User 

Boating While Under the Influence 

Underage Drinking 

Alcohol-Restricted Driver 

Ignition Interlock Restricted Driver Suspension 

Utah Implied Consent Law 

Driving While Denied, Suspended, or Revoked 

Altered or Fictitious License 

Point System 

Point Distribution 

How to Clear Points From Your Record 

Driver’s Record 

 

Some drivers do not meet acceptable driving standards. The Driver License Division is here to help those drivers, if possible, and to take corrective action, if necessary. The Division also deals with cases of license fraud and alteration. 

The various driver control programs are designed to result in improved driver attitude and performance. In most cases, the treatment programs are successful. However, some drivers are unable or unwilling to correct their bad habits. Those drivers can expect revocation, suspension, denial, or disqualification of their driving privileges. 

 

LICENSE REVOCATIONS 

When your driving privilege will result in a mandatory revocation 

Your driver license will be revoked if a court finds you guilty of any of the following: 

• Manslaughter or negligent homicide while driving;
• A second or subsequent conviction for driving or being in actual physical control of a motor vehicle or a motorboat while intoxicated or while any measurable controlled substance or metabolite of a controlled substance is in your body (including prescribed medications);
• Making a false statement under oath when applying for a driver license;
• Using a motor vehicle to commit or facilitate a felony, including automobile homicide;
• Failure to stop and give aid if you are involved in a motor vehicle crash resulting in the death of, or personal injury to another;
• Two charges of reckless driving or impaired driving in one year. (The court may recommend that your license be suspended for three months on the first conviction.) Reckless driving is defined as operating a vehicle in a willful and/or wanton disregard for the safety of persons or property; 
• Attempting to flee or refusing to stop after receiving a visual or audible signal from a police officer; 
• Discharging or allowing the discharge of a firearm from a vehicle; 
• Using, allowing the use of, or causing to be used any explosive, chemical or incendiary device from a vehicle; 
• Driving with a measurable or detectable amount of alcohol in your system when you have an alcohol-restricted status; 
• Driving a vehicle without an ignition interlock device installed when you have an ignition interlock restricted status; 
• You have been convicted of careless driving and a judge has ordered revocation of your driver license. If you forfeit bail after being arrested, for one of the above, your driver license will be revoked/suspended as if you had appeared in court and been found guilty; or 
• You have been convicted of automobile homicide using a handheld wireless communication device. 

 

LICENSE SUSPENSIONS 

When your driving privilege will result in a mandatory suspension 

Your driver license may be suspended for as long as two (2) years or until your 21st birthday. Some reasons the Division may suspend your driving privilege are: 

• You have been convicted of an offense for which mandatory suspension is required; 
• By reckless or unlawful conduct, you have caused or contributed to a crash in which someone was injured or killed or which resulted in serious property damage; 
• You are incompetent to drive, or have a mental or physical condition that would make you an unsafe driver; 
• You have unlawfully or fraudulently used your license or permitted its use by someone else; 
• You have refused to take or failed to pass a review examination as ordered by the Division; 
• You have been convicted of sufficient traffic violations to be subject to the Division Point System; 
• You have been arrested for DUI or been found guilty of any drug offense; 
• You operated or permitted to be operated a motor vehicle owned by you without the required security; 
• As a Utah driver, you failed to appear in court for a traffic violation when it occurred in Utah or in a Non-Resident Violator Compact member state, or you failed to satisfy fees, fines, or restitution to the court on any criminal charge; 
• You failed to show proof of no-fault insurance or other security as required under the Utah Automobile No-Fault Insurance Act; 
• You operated a vehicle or allowed a vehicle registered to you to be operated without required insurance or proof of financial responsibility; 
• You failed to pay child support; 
• You have been convicted for a texting violation or for stealing gas from a retail establishment and the judge has ordered suspension of your license; 
• You are under the age of 21 and have used false or improper proof of age in order to obtain or consume alcohol, or gain admittance to a bar; 
• You have been convicted for custodial interference; or 
• You have been convicted for a violation related to approaching an emergency vehicle, and have failed to complete a four (4) hour live classroom course on driving safety offered by an approved entity. 

 

DRIVING AND USING ALCOHOL OR DRUGS 

Driving after even one drink is asking for trouble. The bottom line is that when you drive after drinking, you are driving with impairment. After alcohol reaches your stomach, it enters the blood stream and goes to all parts of your body and reaches your brain in 20 to 40 minutes. Alcohol affects those parts of your brain that control your judgment and motor skills. The more you drink, the more trouble you will have judging distances, speeds, and the movement of other vehicles. You will also have much more difficulty controlling your own car. 

Remember, one of the most dangerous things about alcohol is that your judgement is the first thing to be impaired. It is a fact that over half of all drivers have driven after they have been drinking. Whether you drink all the time or never drink, you should know that somewhere down the road you will meet a driver who has been drinking. 

In recent years, drugs have become a problem with many drivers on the roads. The “drug addict” is not the only person causing a problem. Most of the drugs for headaches, colds, hay fever, allergies, or nerves can make you sleepy and affect your control of the vehicle Be sure you know how any drugs or medication you take may affect your driving and ability to drive a vehicle safely on our highways. 

Here are a few facts about drinking and the use of drugs that you should know: 

• If your blood or breath alcohol concentration level is .08, the point of presumed intoxication in Utah, you are six times more likely to have a crash than if you are sober. 
• Almost half of the crashes in which people are killed nationally involve drinking. There are more than 16,000 of those crashes each year. 
• The average person is likely to be legally intoxicated after consuming three mixed drinks, three glasses of wine, or three cans of beer in one hour, and will stay drunk by having only one additional drink every hour. 
• Drugs and alcohol should not be taken at the same time. Alcohol can have an unpredictable effect on drugs, which in turn, will react much differently in your body. 
• If an officer requests you to take a test to see if you have alcohol or drugs in your system (including prescription medication) and you refuse to be tested, your license may be revoked for 18 months for the first offense, and 36 months for a second or subsequent offense. If you are under the age of 21, the license will be revoked for either two (2) years for a first offense, or 36 months for a second offense; or until you reach the age of 21, whichever is longer. This is called the Utah Implied Consent Law. 
• Studies show that people who use marijuana: 

o Make more driving mistakes; 

o Are arrested for more traffic violations; and 

o Are more likely to be bothered by headlight glare 

 

THE DRINKING DRIVER / DRUG USER 

Too many people are killed in alcohol-related crashes each year in Utah, and many more are seriously or permanently injured. To help keep the drinking driver off the road, various laws have been enacted. These laws provide severe penalties for the intoxicated driver. 

A driver is considered to be intoxicated if his/her blood or breath alcohol concentration is .08 or higher (the level is .04 for commercial motor vehicle operators – refer to the CDL manual for details regarding CDL disqualifications.) It is also a violation of the law to drive if you are impaired to the degree that you are unsafe to drive a vehicle, even if your breath alcohol concentration is under .08. 

If you are convicted of, plead guilty to, or forfeit bail for driving or being in actual physical control of a motor vehicle or a motorboat while under the influence of alcohol or drugs, your punishment may be as much as six (6) months in jail and a fine. 

Your license will be suspended for 120 days if 21 or older, or for one (1) year, or until you reach the age of 21, whichever is longer, on the first conviction if under the age of 21. Second and subsequent convictions will result in a two-year revocation or until you reach the age of 21, whichever is longer. A mandatory jail sentence or requirement to perform community service will be ordered upon conviction of driving under the influence. 

A plea of “guilty” or “no contest” for a criminal charge of DUI that is held in abeyance by the court will not appear on the Motor Vehicle Report unless you hold a CDL license or were operating a commercial motor vehicle at the time you were cited. Although a plea held in abeyance for the DUI violation will not result in suspension or revocation of your regular operator privilege, it will result in the disqualification of your CDL privilege. In addition, the abeyance will be considered a “prior offense” in combination with any subsequent offenses. This law applies to the following convictions: 

• Driving under the influence of alcohol or drugs; 
• Reckless driving; and 
• Automobile homicide 

 

Utah’s law also allows a peace officer to confiscate your Utah driver license upon arrest for driving under the influence and allows the Division to suspend your license beginning on the 30th day after the date of arrest. The suspension period for a first offense is 120 days for a driver age 21 or over and six (6) months for a driver under the age of 21. The license will be suspended for a period of two (2) years or until you reached the age of 21, whichever is longer for a second or subsequent arrest. 

You may receive similar fines and jail sentences for any additional convictions for drunk driving or driving under the influence of alcohol or drugs. A repeat offender may also be found to be a habitual user of alcohol or drugs and be refused a driver license indefinitely or for life. 

 

BOATING WHILE UNDER THE INFLUENCE 

If you operate a motorboat while under the influence of alcohol, the same laws apply as if you were operating a motor vehicle while under the influence of alcohol. Your driver license will be suspended or revoked if you are convicted of DUI or alcohol-related reckless driving in a motorboat. If you are arrested for operating a motorboat while under the influence of alcohol, administrative action may be taken against your privilege to drive a motor vehicle, even if you are not convicted in court. 

If you have been drinking any alcoholic beverages, don’t take a chance. Let someone who has not been drinking alcoholic beverages do the driving. 

NOTE: It is unlawful in the State of Utah for a person to use or possess powdered alcohol for human consumption. 

 

UNDERAGE DRINKING 

An individual between the ages of 13 and 20 who is convicted in court for possession or consumption of alcohol or for being in a bar and being under age will have their driver license suspended for one year for a first offense and two years for a second or subsequent offense as ordered by the court. If the court orders suspension for a driver under the age of 16, the suspension time will begin on the date of conviction and extend for one to two years from their 16th birthday. 

THE “NOT A DROP” ACT provides that: 

• A person under 21 years of age driving with ANY MEASUREABLE AMOUNT of alcohol in their body will have all driving privileges denied for a first offense for six (6) months. 
• A second or subsequent offense within ten (10) years of a prior denial will result in loss of driving privileges for two years, or until they reach the age of 21, whichever is longer. 
• An individual who has not yet been issued a license will be denied or suspended even though they have not yet obtained a license. The license will be denied for six (6) months for a first offense and for two years for a second or subsequent arrest if under the age of 21. 

 

NOTE: If you are suspended as a result of a Not-A-Drop arrest, you must also provide proof of successful completion of an alcohol assessment and any recommendations made by a substance abuse provider licensed by either the Department of Human Services or the Department of Health and approved by the local substance abuse authority before you will again be allowed driving privileges. 

 

ALCOHOL-RESTRICTED DRIVER 

When action is taken against a driving privilege for an alcohol-related offense, the driver is placed under an alcohol-restricted status for two (2), three (3), five (5), or ten (10) years depending on the number and type of offenses. A lifetime alcohol-restricted status will result when a driver is convicted for automobile homicide or a felony DUI. 

The alcohol-restricted status begins on the effective date of revocation or suspension for DUI, alcohol-related reckless driving, impaired driving, automobile homicide, per se arrest, refusal to submit to a chemical test, driving with alcohol in the body while on an alcohol restricted status, or driving without an ignition interlock device installed in the vehicle while on an ignition interlock restricted status. 

Once a driver has reinstated his driving privilege following an applicable alcohol offense, the alcohol-restricted status remains in effect for the two (2), three (3), five (5), or ten (10) year period, or lifetime from the effective date of the original suspension or revocation action. Following reinstatement of the driving privilege, the driver will retain full driving privileges; however, if he/she is convicted of driving with any measurable amount of alcohol during the alcohol-restricted period, the driver license will be revoked for one (1) year. 

 

IGNITION INTERLOCK RESTRICTED DRIVER SUSPENSION 

When you are an interlock restricted driver, your driving privilege will be suspended. The suspension may be reinstated by having an ignition interlock device (IID) installed in your vehicle and payment of the required reinstatement fee to the Driver License Division. If the ignition interlock device is removed from the vehicle prior to the ending date of your alcohol restricted driver restriction period, your driving privilege will be re-suspended. 

For a list of certified ignition interlock system providers please visit: dld.utah.gov/IIDproviderlist 

When an individual has been convicted of a first DUI, they are automatically restricted to driving a vehicle that has an IID installed for a period of eighteen (18) months from the date of conviction or effective date of the license suspension, or three (3) years if they are under the age of 21 when they are arrested. 

When an individual has been convicted of a second or subsequent DUI Impaired Driving, or Alcohol-Related Reckless Driving violation, or they have been revoked for refusal to submit to a chemical test after being arrested for driving under the influence, they are automatically restricted to driving a vehicle that has an IID installed for a period of three (3) years from the date of conviction or effective date of the revocation. 

Felony DUI carries a six (6) year IID restriction, and automobile homicide carries a ten (10) year IID restriction. 

If an individual drives a vehicle without an IID installed when they are restricted, the vehicle may be impounded. 

In addition, the driver may be cited for violating the Interlock Restricted Driver (IRD) law. A conviction for violating the IRD law will result in a driver license revocation for a period of one (1) year and an additional three (3) year IID restriction from the date of conviction. 

 

UTAH IMPLIED CONSENT LAW 

When you drive a vehicle or a motorboat in the State of Utah, it is implied that you will submit to a chemical test of your breath, blood, urine, or oral fluids to determine the alcohol or drug content, if asked to do so by a peace officer. This is called the IMPLIED CONSENT LAW. 

Utah accepts the results of chemical tests to help determine whether an individual has been driving or in actual physical control of a vehicle or a motorboat while under the influence of alcohol, drugs, or both. If an officer arrests you for driving while in such a condition, you must submit to the chemical tests selected or designated by the officer. 

If you refuse to do so, your license will be revoked for 18 months for a first offense and 36 months for second or subsequent offenses. 

If you are under the age of 21, the license will be revoked for either two (2) years for a first offense, or 36 months for a second offense; or until you reach the age of 21, whichever is longer. If asked to take any chemical tests, you may not: 

• Choose which tests you will take; or 
• Consult with an attorney or doctor before agreeing to take such tests 

 

Any time your license is suspended/revoked for an alcohol-related offense, you may apply for a new license after the suspension/revocation period by paying a $65 reinstatement fee and the regular license fee and by taking the required examinations. An additional $230 administration fee may be required in some cases. If a driver does not do everything the court orders, the court will notify the Driver License Division, which will suspend the driver license until the driver has done all that the court ordered. 

Impound of Vehicle 

If a driver is arrested for DUI, the officer may have the vehicle or motorboat impounded. If a vehicle is impounded, the DMV will notify the owner of the vehicle and provide information of what must be done to get the vehicle out of impound. The impounded vehicle will not be released to the owner until all requirements have been met and all fees and charges paid. Fees the owner must pay include towing, storage charges, and administrative costs. If an impounded vehicle is not claimed within the allowed time, it shall be sold. 

NOTE: The court may order the arrested person to pay all fees associated with the impound or reimburse anyone who may have paid the fees. 

NOTE: If a driver is convicted in court for a violation of DUI, driving with a controlled substance in the body, or automobile homicide, and was previously convicted for felony DUI, a felony drug related driving violation, or automobile homicide for a violation that occurred after May 1, 2009, and had their license suspended or revoked in connection with the violation, their impounded vehicle may be subject to criminal forfeiture, and may be sold. 

 

DRIVING WHILE DENIED, SUSPENDED, OR REVOKED 

If you drive while your license is denied, suspended, or revoked you may be sentenced to jail for 90 days and be required to pay a fine. 

Also, the length of time your license was originally denied, suspended, or revoked will be increased by the amount of the original time period. For example, if your license was originally suspended for three (3) months, an additional three (3) months would be added to your suspension. If your original suspension or revocation is based upon an alcohol-related offense, the fine may be up to $1000, and you may be imprisoned for up to six (6) months. If you drive while your license certificate is suspended or revoked for DUI, metabolite of a drug, automobile homicide, a violation of the alcohol restricted driver law or refusal to submit to a chemical test, your vehicle may be impounded. 

 

ALTERED OR FICTITIOUS LICENSE 

It is unlawful to display a license which you know has been canceled, suspended, or altered. It is also illegal to alter a driver license. Either of these actions could result in your licensed being suspended. 

 

POINT SYSTEM 

Over 21 Years of Age 

The point system is part of Utah’s Driver Improvement Program. Points are assigned for specific types of violations. If you acquire 200 or more points within a three (3) year period, you will be asked to appear for a hearing. Based on the hearing, you may be placed on probation, requested to take the Defensive Driving Course, or have your driving privilege suspended. The suspension may be for three (3) months, six (6) months, or one (1) year, depending on your record. 

Under 21 Years of Age 

Utah drivers under the age of 21 are subjected to a more stringent point system. An accumulation of 70 points or more within a three (3) year period may result in a hearing and a subsequent suspension or denial of driving privileges from 30 days up to one (1) year. 

POINT DISTRIBUTION Reckless Driving	80
Speeding (Depending on Severity)	35-75
Failure to Yield Right-of-Way	60
Following too Closely (Tailgating)	60
Wrong side of Road	60
Wrong Way on One-Way Street	60
Red Light	50
Stop Sign	50
Improper Lookout	50
Improper Passing	50
Negligent Collision	50
Other Moving Violations	40

NOTE: Except for speeding citations, points may vary plus or minus 10%, depending upon the recommendation of the court. 

 

HOW TO CLEAR POINTS FROM YOUR RECORD 

By driving safely, you can clear your own record. The point system provides that when you drive one (1) full year without being convicted of a moving traffic violation, half of the total points on your record will be removed. If you drive two (2) successive years without a conviction, all points will be removed from your record. Points for individual convictions are automatically removed from your record three (3) years after the date of the violation. 

As a further incentive, 50 points may be removed from your record upon completion of a defensive driving course recommended by the Division. This 50-point reduction will be permitted only once during any three (3) year period. For more information view the website for Utah Safety Council at: utahsafetycouncil.org/defensive_driving/ 

NOTE: The Defensive Driving Course required to reduce 50 points from your driving record is different than Traffic School offered by some courts. 

 

DRIVER’S RECORD 

The Driver License Division maintains a computerized driving and crash record of every driver in the state. It contains a record of convictions for moving traffic violations and suspensions within the past three (3) years. All alcohol/drug-related violations, suspensions, and revocations remain on the record for ten (10) years. When a driver is convicted of a moving traffic violation, notice of the court action is sent to the Division for posting on the driver’s record. 

If you are a commercial driver, your driving record will be submitted to the Commercial Driver License Information System and a record of suspensions and revocations will be forwarded to the National Driver Register. 

You must earn at least 80% to pass this assignment.