(1) A person who holds or is required to hold a CDL may not drive a commercial motor vehicle in this state if the person:

1. (a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .04 grams or greater at the time of the test after the alleged driving of the commercial motor vehicle;
2. (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to degree that renders the person incapable of safely driving a commercial motor vehicle; or
3. (c) has a blood or breath alcohol concentration of .04 grams or greater at the time of driving the commercial motor vehicle.

(6) When a peace officer or port-of-entry agent gives notice under Subsection (5), the peace officer or port-of-entry agent shall:

1. (a) take any Utah license certificate or permit held by the driver;
2. (b) issue to the driver a temporary license certificate effective for 29 days from the date of arrest;
3. (c) provide the driver, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division; and
4. (d) issue a 24-hour out-of-service order.

(9)

1. (a) A person disqualified under this section has the right to a hearing regarding the disqualification.
2. (b) The request for the hearing shall be submitted to the division in a manner specified by the division and shall be made within 10 calendar days of the date the notice was issued. If requested, the hearing shall be conducted within 29 days after the date of arrest.

(10)

1. (a)

   1. (i) Except as provided in Subsection (10)(a)(ii), a hearing held under this section shall be held before the division and in:

      1. (A) the county where the notice was issued; or
      2. (B) a county that is adjacent to the county where the notice was issued.
   2. (ii) The division may hold a hearing in some other county if the division and the person both agree.

2. (b) The hearing shall be documented and shall determine:

   1. (i) whether the peace officer or port-of-entry agent had reasonable grounds to believe the person had been driving a motor vehicle in violation of this section;
   2. (ii) whether the person refused to submit to any requested test; and
   3. (iii) any test results obtained.
3. (c) In connection with a hearing the division or its authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and documents.
4. (d) One or more members of the division may conduct the hearing.
5. (e) A decision made after a hearing before any number of members of the division is as valid as if the hearing were held before the full membership of the division.
6. (f) After a hearing under this section the division shall indicate by order if the person's CDL is disqualified.
7. (g) If the person for whom the hearing is held fails to appear before the division as required in the notice, the division shall indicate by order if the person's CDL is disqualified.

(11)

1. (a) If the division disqualifies a person under this section following an administrative hearing, the person may petition for a hearing under Section 53-3-224.
2. (b) The petition shall be filed within 30 days after the division issues the disqualification.

(12)

1. (a) A person who violates this section shall be punished in accordance with Section 53-3-414.

2. (b)

   1. (i) In accordance with Section 53-3-414, the first disqualification under this section shall be for one year, and a second disqualification shall be for life.
   2. (ii) A disqualification under Section 53-3-414 begins on the 30th day after the date of arrest.

(13)

1. (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a CDL, a fee under Section 53-3-105 to cover administrative costs shall be paid before the driving privilege is reinstated.
2. (b) The fees under Sections 53-3-105 and 53-3-205 shall be canceled if an unappealed hearing at the division or court level determines the disqualification was not proper.