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House approves DUI amendments that expand interlock and enforcement tools

Utah House of Representatives · February 2, 2006
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Summary

Lawmakers approved Senate Bill 18 to tighten enforcement for DUIs: breath-test refusals can trigger interlock requirements for up to three years, plea-in-abeyance counts as prior convictions in some circumstances, and vehicle-impound rules were clarified.

Representative Ray, sponsor of Senate Bill 18, said the bill addresses enforcement gaps in Utah's DUI statutes by making interlock-related obligations trackable through the Driver License Division and by treating certain plea-in-abeyances as priors for later offenses. "Under this bill, if you refuse the breath test, you're gonna have a requirement for an interlocking device on your vehicle, for a period of up to 3 years," Ray said, describing the bill as a tool to give law enforcement and courts better options.

During questioning, Representative Romero asked how the interlock verifies the driver and whether someone could have another person blow into the device. Ray acknowledged different technologies exist — some require periodic retests every 20 minutes — and said misuses are crimes; he added Utah's device is currently limited to initial-start functions rather than continuous-run verification. Representative Lawrence and others pressed on time-limited plea-in-abeyance language; Ray said a two-year compromise was included so plea-in-abeyance may be used until February (two-year window) and that prior pleas would still count as priors in later proceedings.

The bill also clarifies procedures for vehicle impound tied to interlock violations and updates cross-references for automobile homicide to reflect prior convictions. The House voted to approve Senate Bill 18 by a recorded vote of 69 yes, 0 no; the measure will be returned to the Senate for signature. Sponsors framed the bill as enhancing enforcement and public safety by reducing incentives to refuse testing or to mask prior convictions.