Utah House substitutes and passes bill making DUI changes, removes plea-in-abeyance sunset

The Utah House on the floor substituted and passed third substitute Senate Bill 15, a package of driving-under-the-influence amendments that removes an existing sunset for a plea-in-abeyance option and makes several other criminal and enforcement changes.

Representative Ray, the House sponsor, asked the chamber to "delete entitle and body second substitute Senate Bill 15 and replace it with third substitute House Bill 15," saying the substitute removes the July 1 sunset for the plea-in-abeyance clause and makes other changes. He described the measure as intended to sharpen statutory language and expand tools for prosecutors and judges to reduce impaired driving.

Supporters said the substitute replaces the conviction classification "alcohol or drug-related reckless driving" with a new "impaired driving" offense, broadens the definition of "drug" to include nonalcohol substances (including inhalants), and creates an "alcohol-restricted driver" designation for anyone convicted of a DUI that caused injury; that designation would bar driving with any alcohol in the body for five years. The bill also makes underage offenders subject to ignition interlock and the alcohol-restricted provisions, and raises the vehicle impound fee from $230 to $330, with the sponsor saying the fee increase is revenue-neutral because it will fund additional DUI troopers and liquor law enforcement while offsetting program costs.

Representative Frank questioned the change and the removal of the sunset, asking the sponsor whether removing the date "in fact makes the plea in abeyance a potential perpetual plea now that we've removed this." Representative Ray and backers responded that making the option permanent is deliberate and argued the program is working in jurisdictions where it has been applied.

Representative Deane described local results from limited use of the program in three courts, saying that in a random list of 20 graduates "of those 20, we have 0 recidivism, none that have come back with another DUI arrest," and contrasted that with an asserted 45% recidivism rate in the regular system. Deane and other supporters said the program includes supervision and that participants who fail the program are returned to standard prosecution.

Opponents warned removing a sunset could make the plea-in-abeyance option permanent without additional statewide review; Representative Frank said stakeholders had agreed to sunset the provision to allow more evaluation. Sponsors said they had negotiated the measure with stakeholders including Mothers Against Drunk Driving and other groups and argued the statute change and fee adjustment would provide tools and funding to reduce repeat impaired driving.

After debate and a successful division call on the motion to substitute, the House voted to substitute and then passed the bill as substituted. The recorded final passage vote on third substitute Senate Bill 15 was 63 yes, 0 no; the bill was transmitted to the Senate for further consideration.

The House-recorded changes and procedural steps mean the measure will return to the Senate for any further action there; the House sponsors said the provisions are aimed at reducing DUI recidivism and funding enforcement through fee adjustments.