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Utah's House Bill 139 Update

Utah's House Bill 139 Update

Utah recently passed House Bill 139, which goes into effect July 1, 2020. Find a summary of the bill below. Have questions about your requirement in Utah? Call us and talk to a Utah state specialist at (833) 623-0200.

Criminalize Test Refusals

Refusing an implied consent test in Utah can now result in a criminal conviction with its own separate jail sentence, separate fine, and separate license revocation

However, the revocation period will be reduced by any time served under an administrative suspension

Upon a criminal conviction for a test refusal, a judge shall order one or more of the following:

    • IID
    • SCRAM
    • Home Confinement

Utah already has an administrative revocation for test refusals that will restrict the offender from operating a vehicle without an IID for certain periods of time depending on the number of prior offenses, if the person chooses to drive HB 139 will remove the option to sit-out their license revocation if the judge orders the person to install an IID after a test refusal conviction.

Utah currently requires a judge to order an IID for DUIs with a BrAC ≥ .16%, for DUIs committed by individuals under 21 years old, and all subsequent offenses.

    • However, 1st offense DUI with BrAC < .16% does not require a judge to order the IID (have option to sit-out)
    • By requiring a judge to order an IID, SCRAM, and/or Home Confinement upon a test refusal conviction; this could result in some 1st time offenders with a BrAC < .16 being required to install an IID, thereby removing their option to sit out
    • Adds test refusal convictions to the list of offenses that will allow someone to drive a vehicle only if they install an IID
    • Practically, this will come into play only if someone doesn’t receive the administrative revocation and doesn’t get convicted of the underlying DUI it just adds another chance to have an offender be classified as an “ignition interlock restricted driver”, which requires them to install an IID if they wish to drive during their revocation period
    • Additionally, HB 139 gives a judge the discretion to increase the duration of a license revocation (beyond the regular revocation period) by up to two additional years. This will increase the duration a person is under an ignition interlock restriction.

Juvenile DUI can be used as an enhancement

This could result in someone receiving a 2nd DUI offense charge instead of a 1st if they had a DUI as a juvenile (within 10 years of the current DUI offense)

For more information about Utah's requirements, call (833) 623-0200.

Category: Legislation
Tag: utah

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