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'No-drop' under-21 alcohol bill draws constitutional and cultural questions; debate circled

Utah House of Representatives · January 22, 1992
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Summary

Senate Bill 11, a "not a drop" measure to bar drivers under 21 from having any measurable alcohol, generated sustained debate over fairness, medical/medication traces, cultural practices and probable-cause enforcement; the House moved to circle the bill for later consideration.

The House debated Senate Bill 11, a measure sponsored by Representative Valentine that would bar drivers under 21 from operating a vehicle with any measurable alcohol detected and would remove the standard adult presumption tied to 0.08 BAC. Valentine described the bill as a policy decision about whether the state should tolerate any alcohol in under‑21 drivers and urged close attention from members.

Opponents raised constitutional and practical concerns. Representative Goodfellow warned of unintended consequences for married young adults with jobs who could lose driving privileges and livelihoods, arguing the bill "goes way too far beyond what this legislature should do." Representative Arlo James and others called the provision an overreach that could affect veterans and voting-age adults; questions also focused on whether chemical traces from permissible medication (Robitussin/NyQuil) or religious communion could register on breath or blood tests.

Valentine and other supporters said the bill targets only measurable, non‑naturally occurring alcohol above a de minimis threshold that would not capture ordinary medical doses or the trace alcohol in communion, based on testimony from a medical association. He emphasized that probable cause is required for a stop and that the bill would apply after a lawful stop if measurable alcohol is found.

After extensive questioning and debate about scope and enforcement, Representative Bishop moved to circle Senate Bill 11; the motion passed and the bill was circled for later consideration rather than advanced that day.