§ 41-6a-527 Seizure and impoundment of vehicles by peace officers-Impound requirements-Removal of vehicle by owner-Forfeiture

§ 41-6a-527. Seizure and impoundment of vehicles by peace officers--Impound requirements--Removal of vehicle by owner--Forfeiture

    (1) If a peace officer arrests, cites, or refers for administrative action the operator of a vehicle for violating Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530, 41-6a-606, 53-3-231, 53-3-232, or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1), the peace officer shall seize and impound the vehicle in accordance with Section 41-6a-1406, except as provided under Subsection (2).

    (2) If a registered owner of the vehicle, other than the operator, is present at the time of arrest, the peace officer may release the vehicle to that registered owner, but only if:

        (a) the registered owner:

            (i) requests to remove the vehicle from the scene; and

            (ii) presents to the peace officer sufficient identification to prove ownership of the vehicle or motorboat;

        (b) the registered owner identifies a driver with a valid operator's license who:

            (i) complies with all restrictions of his operator's license; and

            (ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530, 53-3-231, 53-3-232, or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a- 510(1) if permitted to operate the vehicle; and

        (c) the vehicle itself is legally operable.

    (3) If necessary for transportation of a motorboat for impoundment under this section, the motorboat's trailer may be used to transport the motorboat.

    (4) A motor vehicle is subject to criminal or civil forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act, upon a finding by the court that:

        (a) the motor vehicle was used in a violation of Section 41-6a-502, 41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Subsection 58-37-8(2)(g), or Section 76-5-207;

        (b) the operator of the vehicle has previously been convicted of a violation committed after May 12, 2009, of:

            (i) a felony driving under the influence violation under Section 41-6a-502;

            (ii) a felony violation of Subsection 58-37-8(2)(g); or

            (iii) automobile homicide under Section 76-5-207;

        (c) the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license; and

        (d)(i) the denial, suspension, revocation, or disqualification under Subsection (4)(c) was imposed because of a violation of:

                (A) Section 41-6a-502;

                (B) Section 41-6a-517;

                (C) a local ordinance which complies with the requirements of Subsection 41-6a-510(1);

                (D) Section 41-6a-520;

                (E) Subsection 58-37-8(2)(g);

                (F) Section 76-5-207; or

                (G) a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances described in Subsections (4)(d)(i)(A) through (F); or

            (ii)(A) the denial, suspension, revocation, or disqualification described in Subsection (4)(c) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension, revocation, or disqualification; and

                (B) the original denial, suspension, revocation, or disqualification was imposed because of a violation described in Subsection (4)(d)(i)(A) through (G).