Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the HB 128 topic
No spam. Unsubscribe anytime.
House approves DUI chemical-test revisions after floor exchanges about tests and rights
Summary
House Bill 128, revising implied-consent procedures and administrative license sanctions, passed the House after floor questions clarified that officers may require tests offered on scene and that privately requested tests must not delay the officer's test.
Get email alerts on the HB 128 topic
No spam. Unsubscribe anytime.
House Bill 128 was presented as a set of revisions to DUI procedures intended to strengthen implied-consent enforcement and increase administrative license sanctions for test refusal. Representative Adair explained the bill makes clear that an operator in the city of Utah is considered to have given consent for chemical testing and seeks to extend certain licence suspensions in repeat cases (SEG 705–715).
Floor members raised procedural and rights concerns. Representative Carlson described a constituent's experience where a family member wanted the blood test done by her own doctor; the exchange prompted counsel and a law-enforcement witness to explain that the law requires submission to the test offered by the officer but allows a privately requested test so long as it does not delay the officer's test (SEG 722–793). A question about whether a breath test could be followed by a mandatory blood test was answered that statutes provide for multiple tests when appropriate and that refusal can carry administrative sanctions; under the bill refusal could lead to loss of license for up to 18 months (SEG 802–827).
Supporters argued the bill was necessary to reduce refusal rates and to deter attempts to avoid testing; Representative Nora Stevens said higher penalties for refusing the test were an important balance given prior penalty increases had increased refusal rates (SEG 865–874). Others warned about protecting basic rights and ensuring the administration of sanctions is fair and that law enforcement follows procedures consistently.
The House voted and the clerk announced the bill passed with 69 yes votes and 0 no votes (SEG 946–948).
What happens next: The bill will be referred to the Senate. Observers and reporters should consult the final statutory language for the exact mechanics of multiple tests and the administrative hearing process for license revocation.
