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House advances DUI package: bills drop breath-test limit, clarify repeat offenses and standardize DUI records

Utah House of Representatives · January 25, 2002
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Summary

The House approved a package of DUI-related measures to remove a 2-hour testing limit (HB 16), make a third DUI a felony regardless of timing (HB 17), and standardize court records for DUI cases (HB 18); HB 16 and HB 17 passed unanimously and were referred to the Senate.

The Utah House moved forward a multipiece package of DUI legislation on the floor, passing two bills unanimously and reporting a third. Representative Ray sponsored HB 16 to eliminate a statutory 2-hour limit on blood or breath testing in serious offenses; proponents said the limit can prevent testing in some prosecutions and that removing it aligns procedures across homicide and other DUI-related offenses. "What this bill primarily does is it removes the 2 hour time limit that is currently in place on, blood or breath alcohol levels," Representative Ray said.

Representative Tyler sponsored HB 17 to ensure that a defendant's third DUI conviction counts as a felony without regard to when prior offenses occurred and to clarify that driving under the influence of controlled substances qualifies as a DUI. Tyler said the measure is supported by the Prosecutors Association and sentencing and juvenile commissions. The House recorded HB 17’s passage by voice and roll-call: "having received 70 yes votes and 0 no votes, [HB 17] passes this body, and will be referred to the Senate for further consideration."

HB 18, also sponsored by Representative Tyler, would standardize the court-record elements for DUI cases (tracking whether the offense is a subsequent one, the offender's BAC level, whether an ignition interlock was ordered, whether substance-abuse treatment and supervised probation were ordered, and other factors) so the state can analyze outcomes and treatment requirements. Sponsors said the recordkeeping bill will help track how DUI cases are handled statewide.

HB 16 and HB 17 were both passed by the House and referred to the Senate; HB 18 was discussed and prepared for subsequent action. The bills received broad floor support from law-enforcement and prosecutor groups per sponsors' floor statements.