The Utah Legislature convened in 2021 for its usual short 45 day session. It passed 502 bills through both the senate and house. Only some of which are signed into law by the Utah governor Spencer James Cox.
When Does a Utah Legislative Bill Become Effective? A bill enacted by the Legislature is effective 60 days following adjournment (close of the session), unless another date is specified in the bill. It then becomes law.
The Bill Receives the Governor’s Action. The enrolled bill is sent to the Governor for his action. He can either sign the bill, veto it, or allow it become law without his signature.
As of 03/18/2021, the governor has signed the following (“DUI”) driving under the influence legislature:
NO BAIL OPTIONS FOR DUI CAUSING DEATH OR SERIOS INJURY.
Utah Code Ann. 77-20-1 (2021). Right to bail — Pretrial status order — Denial of bail — Detention hearing — Motion to modify.
Highlights: This bill creates a presumption of pretrial detention for individuals charged with certain DUI offenses; specifically, DUI-like offenses that result in death or serious bodily injury to other people.
Bail is presumed in Utah, except for certain enumerated offenses listed in Utah Code Ann. 77-20-1(2)(a)-(f)(2021). DUIs allegedly causing death or serious bodily injuries join other charges where bail can be denied, such as: Any capital felony; Felony committed while on probation or parole; certain high risk domestic violence offenses. See 77-20-1(2) for a complete list of offenses where bail can be denied.
(“DUI”) DRUNK DRIVING PROBATION AMENDMENTS.
Highlighted Provisions: This bill allows a court to order supervised probation for certain DUI offenses by Adult Probation and Parole. This happens if the individual is already subject to supervised probation from Adult Probation and Parole for a different offense.
This bill has not been signed by the governor as of 03/18/2021. It would allow Adult Probation & Parole to supervise Class B and Class A DUI probationary periods if they are already on AP&P for another offense.
DRIVING UNDER THE INFLUENCE SENTENCING AMENDMENTS.
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; prohibits a plea in abeyance for certain offenses related to driving under the influence.
DUI with Child under 16 Years Old. New Charge for Each Child in the Car. The old law charged people with Class A Misdemeanors for having kids in the car under the age of 16 years old. It was one enhancement to a Class A Misdemeanor regardless of whether you had 4 kids under 16 years old or just one kid in the back seat. The law has changed to now charge you with one Class Misdemeanor for each minor under 16 years old.
Impaired Driving Plea Offer. This new law restricts the prosecutor or court from offering Impaired Driving plea offers. Impaired Driving cannot be offered now if the following circumstances are present:
(1). Prior DUI, Impaired Driving or DUI-like conviction, Or
(2). BAC .16 or higher. Or,
(3). BAC .05 or higher and you had a controlled substance in your system, whether lawfully prescribed or not. Or,
(4). You have a combination of two or more controlled substances in your body that were not: (A) prescribed by a licensed physician; or (B) lawfully prescribed marijuana.
Mandatory DUI Jail or GPS Monitoring. Clearly this new law increases the mandatory minimum jail sentences for high BACs or DUIs with prior convictions to up to 10 days, 20 days, and 120 days depending on whether it was a 1st, 2nd or Felony DUI. This new law upped all existing DUI mandatory jail/GPS sentences for first, second and Felony DUIs.
Impaired Driving Suspended License. You kept your driver’s license under prior law when convicted of Impaired Driving, reduced from a section 502 DUI. A conviction or Impaired Driving will still suspend your Utah driver’s license in the following circumstances: (A). .16 or higher BAC. (B). .05 BAC and drugs in your system. All the prior suspension of your driver’s license for an Impaired Driving still apply, such as Impaired Driving convictions involving a CDL or in a commercial vehicle.
Provocriminaldefense.com. CALL Utah criminal defense attorney Jake Gunter to discuss your Utah DUI charges. (801) 373-6345.
