Utah House passes substitute DUI bill tightening penalties, requiring treatment, ignition interlocks

Representative Nora Stevens, sponsor of the first substitute to House Bill 209, told the Utah House that the bill responds to "a public outcry regarding repeat offenders who continue to drive under the influence of alcohol." The chamber passed the measure as amended, 69–1, and referred it to the Senate.

The bill requires courts to order screening and assessment for people convicted of driving under the influence and gives judges the option to require either an educational series or substance-abuse treatment depending on the assessment. For a second conviction within six years the bill increases community-service requirements (from 88 hours to 240) and imposes longer probation and monitoring. For a third or subsequent conviction within six years, the bill requires not less than a 10-day prison sentence in the base text and—after an adopted amendment proposed by Representative Harper—raises that mandatory minimum to 30 days and increases optional fines from $1,000 to $1,500.

The bill adds requirements for ignition interlock systems: if a person is convicted of driving with alcohol or drugs within six years of a prior conviction, the court shall order installation of an ignition interlock system at the defendant's expense on all motor vehicles registered to or operated by that person for three years. The bill also directs the Division of Motor Vehicles to issue a coded driver's license to reflect the interlock requirement; failure to apply within 10 calendar days will result in suspension.

Sponsor Stevens emphasized enforcement tools and treatment: "If you've been reading the paper, you know that in the last 2 weeks, we've had at least 7 deaths in the state caused by driving under the influence of alcohol," she said on the floor while describing the bill's provisions. She said the measure is intended to combine punishment, treatment and education.

Floor debate focused on funding and distribution of impound fees that the bill would direct to the Department of Public Safety restricted account for training, overtime and management of impounded vehicles. Representative Hogue moved to strike an increase in the administrative impound fee (from $100 to $200) and reinstate $100, arguing the higher fee "might affect those that are innocent people, people whose car has been borrowed, rental companies" and could shift costs to third parties. Stevens and law-enforcement supporters said the fee channels money from those responsible for the problem into enforcement efforts; Stevens cited local examples of revenue enabling saturation patrols and increased DUI enforcement.

On the impound-fee amendment, proponents of reducing the fee argued it could penalize innocent owners; opponents said local law enforcement uses the revenues to enhance DUI enforcement. That amendment failed on a recorded vote, 24–40. Another amendment increased the server-education period from 1 month to 2 months to accommodate employers' scheduling; that amendment passed. Representative Harper's amendment to lengthen mandatory incarceration for a third offense from 10 to 30 days and to increase the fine was adopted before final passage.

The House explicitly preserves the balance among discussion, direction and formal action: the bill as amended contains multiple directions for courts and the Division of Motor Vehicles (coded licensing and suspension for noncompliance), authorizes ignition-interlock installation at the defendant's expense, and increases service and probation requirements. The vote was 69 in favor, 1 opposed; the chamber referred the amended first substitute for House Bill 209 to the Senate.