HB0020S01 | Driving Under the Influence Sentencing Amendments

Description
General Description: 

This bill amends provisions related to penalties for driving under the influence and related offenses.

Highlighted Provisions: 

This bill:
prohibits sentencing reductions for driving under the influence related offenses in
certain circumstances; requires reinstatement of certain sentences if an individual fails to complete certain requirements of an approved 24/7 sobriety program; creates a separate offense for each person in a vehicle that is under 16 years old
when the driver is operating the vehicle while under the influence of drugs or
alcohol; prohibits an impaired driving reduction if: the person had a blood alcohol level of .16 or higher; the person had a blood alcohol level of .05 or higher in addition to any
measurable controlled substance in the person's body; or the person had a combination of two or more controlled substances in the person's body that were not appropriately prescribed or recommended;
provides additional sentencing options for certain individuals convicted of
driving under the influence;
for purposes of sentencing, excludes from the definition of "controlled substance" an
inactive metabolite of the controlled substance;

Bill Details
Bill Number: 
HB0020S01
Year: 
2021
Status: 
Governor Signed
Last Action: 
Mar 16, 2021
Sponsor
Representative
Steve Eliason
Republican - District 45
Fiscal Note
Fiscal Note Amount: 
$0
None
View Fiscal Note
Utah PTA Response
Utah PTA Position
Support
Utah PTA Resolution: 
SAF 1985-2 | Suspension of Driving Privileges (retired)
Impact on Children: 

No child should be put in danger from drunk driving. Drunk driving is not only irresponsible but criminal. This bill will deter the instance of DUI and decrease the crash risk of offenders. Offenders are already arrested because of impairment. This bill increases penalties and prohibits sentencing reductions if the offender has more than .16 BAC or a combination of two or more controlled substances in their body that were not appropriately prescribed.

Commission: 
Safety
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

National PTA Resolution on ENFORCEMENT OF LAWS REGARDING ALCOHOL, DRUGS, AND DRIVING UNDER THE INFLUENCE
Resolved, That National PTA and its constituent organizations will support strict enforcement of driving under the influence laws and the passage of more stringent laws that would remove from the road drivers under the influence of alcohol or other drugs;

Resolved, That Utah State PTA support stiffer penalties for alcohol and drug possession by minors; and be it further
Resolved, That Utah State PTA support legislation to suspend driving privileges of minors for alcohol and drug possession offenses.

Utah PTA Legislative Policy: 

To promote the welfare of children and youth in home, school, community, and place of worship.

Utah PTA Legislative Priorities: 

5. Support measures to promote safe and healthy environments and behaviors for children to prevent suicide, sexual exploitation, and human trafficking,