HB0395S04 | DUI Offense Amendments

Description
General Description: 

This bill amends provisions related to driving under the influence, including penalties, sentencing, and pretrial detention.

Highlighted Provisions: 

This bill:
▸ provides that an actor is guilty of a class A misdemeanor when the actor commits driving under the influence while also operating a vehicle in the opposite direction of traffic on a one-way highway with more than one lane of traffic; reduces the blood alcohol concentration allowed for an individual to plea down to impaired driving;
▸ provides mandatory minimum sentences for certain individuals with prior convictions for driving under the influence who violate ignition interlock requirements;
▸ clarifies that an ignition interlock restriction period begins on the date of installation of the ignition interlock system;
▸ clarifies that the prohibition on operating a motor vehicle without an ignition interlock system installed on the vehicle begins on the date of conviction, not the date of installation of the ignition interlock system;
▸ amends penalties for subsequent offenses related to refusal of a chemical test or negligent operation of a vehicle that results in injury;
▸ amends sentencing requirements for certain offenses of negligent operation of a vehicle that results in injury when there is evidence that the individual was also driving under the influence;
▸ amends sentencing requirements for an offense of negligent operation of a vehicle that results in death;
▸ amends provisions related to pretrial detention of an individual arrested for driving under the influence with another case pending or while on probation for a previous offense of driving under the influence;
▸ requires pretrial detention or electronic monitoring for an individual that is arrested for driving under the influence while already on probation for or while another case is pending for driving under the influence;

Bill Details
Year: 
2024
Status: 
Governor Signed
Last Action: 
Mar 13, 2024
Sponsor
Representative
Republican - District 43
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Support
Impact on Children: 

Driving under the influence (DUI) detrimentally affects children, exposing them to physical danger, emotional trauma, and potential disruptions in their lives. Witnessing or experiencing a parent's DUI can lead to lasting emotional, cognitive, and behavioral consequences, impacting a child's overall well-being and development. This bill would help children's overall safety.

Commission: 
Safety
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

National PTA Enforcement of Laws Regarding Alcohol, Drugs, and Driving Under the Influence

Resolved, That National PTA and its constituent organizations will support strict enforcement of driving under the influence laws and the passage of more stringent laws that would remove from the road drivers under the influence of alcohol or other drugs;

Utah PTA Legislative Policy: 

To promote the welfare of children and youth in home, school, community, and place of worship.

To secure adequate laws for the care and protection of children and youth.