1. (1) An actor commits refusing a chemical test if:

   1. (a) a peace officer issues the warning required in Subsection 41-6a-520(2)(a);
   2. (b) a court issues a warrant to draw and test the blood; and
   3. (c) after Subsections (1)(a) and (b), the actor refuses to submit to a test of the actor's blood.

2. (2)

   1. (a) A violation of Subsection (1) is a class B misdemeanor.

   2. (b) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a class A misdemeanor if the actor:

      1. (i) has a passenger younger than 16 years old in the vehicle at the time the officer had grounds to believe the actor was driving under the influence;
      2. (ii) is 21 years old or older and has a passenger younger than 18 years old in the vehicle at the time the officer had grounds to believe the actor was driving under the influence;
      3. (iii) also violated Section 41-6a-712 or 41-6a-714 at the time of the offense; or

      4. (iv) has one prior conviction within 10 years of:

         1. (A) the current conviction under Subsection (1); or
         2. (B) the commission of the offense upon which the current conviction is based.

   3. (c) Notwithstanding Subsection (2)(a), a violation of Subsection (1) is a third degree felony if:

      1. (i) the actor has two or more prior convictions, each of which is within 10 years of:

         1. (A) the current conviction; or
         2. (B) the commission of the offense upon which the current conviction is based; or

      2. (ii) the current conviction is at any time after:

         1. (A) a felony conviction; or
         2. (B) any conviction described in Subsection (2)(c)(ii)(A) for which judgment of conviction is reduced under Section 76-3-402.

3. (3) As part of any sentence for a conviction of violating this section, the court shall impose the same sentencing as outlined for driving under the influence violations in Section 41-6a-505, based on whether this is a first, second, or subsequent conviction, with the following modifications:

   1. (a) any jail sentence shall be 24 consecutive hours more than is required under Section 41-6a-505;
   2. (b) any fine imposed shall be $100 more than is required under Section 41-6a-505; and

   3. (c) the court shall order one or more of the following:

      1. (i) the installation of an ignition interlock system as a condition of probation for the individual, in accordance with Section 41-6a-518;
      2. (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the individual; or
      3. (iii) the imposition of home confinement through the use of electronic monitoring, in accordance with Section 41-6a-506.

4. (4)

   1. (a) The offense of refusing a chemical test under this section does not merge with any violation of Section 32B-4-409, 41-6a-502, 41-6a-517, or 41-6a-530.
   2. (b) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense of refusal to submit to a chemical test under this section may not be held in abeyance.
5. (5) An actor is guilty of a separate offense under Subsection (1) for each passenger in the vehicle that is younger than 16 years old at the time the officer had grounds to believe the actor was driving under the influence.

Amended by Chapter 197, 2024 General Session