1     
DUI PENALTY AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Merrill F. Nelson

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the penalty for driving under the influence.
10     Highlighted Provisions:
11          This bill:
12          ▸     increases the penalty for a second driving under the influence conviction to a class
13     A misdemeanor under certain circumstances; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-6a-503, as last amended by Laws of Utah 2021, Chapter 79
22          41-6a-505, as last amended by Laws of Utah 2021, Chapters 79 and 83
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 41-6a-503 is amended to read:
26          41-6a-503. Penalties for driving under the influence violations.
27          (1) [A] Except as otherwise provided in this section, a person who violates [for the first
28     or second time] Section 41-6a-502 is guilty of a[: (a)] class B misdemeanor[; or].
29          [(b) class A misdemeanor if the person:]

30          (2) A person who violates Section 41-6a-502 is guilty of a class A misdemeanor if the
31     person:
32          [(i)] (a) has also inflicted bodily injury upon another as a proximate result of having
33     operated the vehicle in a negligent manner;
34          [(ii)] (b) had a passenger [under 16 years of age] younger than 16 years old in the
35     vehicle at the time of the offense;
36          [(iii)] (c) was 21 years [of age] old or older and had a passenger [under 18 years of age]
37     younger than 18 years old in the vehicle at the time of the offense; [or]
38          [(iv)] (d) at the time of the violation of Section 41-6a-502, also violated Section
39     41-6a-712 or 41-6a-714[.]; or
40          (e) has one prior conviction as defined in Subsection 41-6a-501(2) within 10 years of:
41          (i) the current conviction under Section 41-6a-502; or
42          (ii) the commission of the offense upon which the current conviction is based.
43          [(2)] (3) A person who violates Section 41-6a-502 is guilty of a third degree felony if:
44          (a) the person has also inflicted serious bodily injury upon another as a proximate
45     result of having operated the vehicle in a negligent manner;
46          (b) the person has two or more prior convictions as defined in Subsection
47     41-6a-501(2), each of which is within 10 years of:
48          (i) the current conviction under Section 41-6a-502; or
49          (ii) the commission of the offense upon which the current conviction is based; or
50          (c) the conviction under Section 41-6a-502 is at any time after a conviction of:
51          (i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
52          (ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
53     that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
54          (iii) any conviction described in Subsection [(2)] (3)(c)(i) or (ii) which judgment of
55     conviction is reduced under Section 76-3-402.
56          [(3)] (4) A person is guilty of a separate offense for each victim suffering bodily injury
57     or serious bodily injury as a result of the person's violation of Section 41-6a-502 or death as a

58     result of the person's violation of Section 76-5-207 whether or not the injuries arise from the
59     same episode of driving.
60          [(4)] (5) A person is guilty of a separate offense under Subsection [(1)(b)(ii)] (2)(b) for
61     each passenger in the vehicle at the time of the offense that is [under] younger than 16 years
62     old.
63          Section 2. Section 41-6a-505 is amended to read:
64          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
65     drugs, or a combination of both violations.
66          (1) As part of any sentence for a first conviction of Section 41-6a-502 where there is
67     admissible evidence that the individual had a blood alcohol level of .16 or higher, had a blood
68     alcohol level of .05 or higher in addition to any measurable controlled substance, or had a
69     combination of two or more controlled substances in the individual's body that were not
70     recommended in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act or
71     prescribed:
72          (a) the court shall:
73          (i) (A) impose a jail sentence of not less than five days; or
74          (B) impose a jail sentence of not less than two days in addition to home confinement of
75     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
76     substance abuse testing instrument in accordance with Section 41-6a-506;
77          (ii) order the individual to participate in a screening;
78          (iii) order the individual to participate in an assessment, if it is found appropriate by a
79     screening under Subsection (1)(a)(ii);
80          (iv) order the individual to participate in an educational series if the court does not
81     order substance abuse treatment as described under Subsection (1)(b);
82          (v) impose a fine of not less than $700;
83          (vi) order probation for the individual in accordance with Section 41-6a-507;
84          (vii) (A) order the individual to pay the administrative impound fee described in
85     Section 41-6a-1406; or

86          (B) if the administrative impound fee was paid by a party described in Subsection
87     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
88     reimburse the party;
89          (viii) (A) order the individual to pay the towing and storage fees described in Section
90     72-9-603; or
91          (B) if the towing and storage fees were paid by a party described in Subsection
92     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
93     reimburse the party; or
94          (ix) unless the court determines and states on the record that an ignition interlock
95     system is not necessary for the safety of the community and in the best interest of justice, order
96     the installation of an ignition interlock system as described in Section 41-6a-518; and
97          (b) the court may:
98          (i) order the individual to obtain substance abuse treatment if the substance abuse
99     treatment program determines that substance abuse treatment is appropriate;
100          (ii) order probation for the individual in accordance with Section 41-6a-507;
101          (iii) order the individual to participate in a 24/7 sobriety program as defined in Section
102     41-6a-515.5 if the individual is 21 years old or older; or
103          (iv) order a combination of Subsections (1)(b)(i) through (iii).
104          (2) (a) If an individual described in Subsection (1) is participating in a 24/7 sobriety
105     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
106     under Subsection (1)(a).
107          (b) If an individual described in Subsection (1) fails to successfully complete all of the
108     requirements of the 24/7 sobriety program, the court shall impose the suspended jail sentence
109     described in Subsection (2)(a).
110          (3) As part of any sentence for any first conviction of Section 41-6a-502 not described
111     in Subsection (1):
112          (a) the court shall:
113          (i) (A) impose a jail sentence of not less than 2 days; or

114          (B) require the individual to work in a compensatory-service work program for not less
115     than 48 hours;
116          (ii) order the individual to participate in a screening;
117          (iii) order the individual to participate in an assessment, if it is found appropriate by a
118     screening under Subsection (3)(a)(ii);
119          (iv) order the individual to participate in an educational series if the court does not
120     order substance abuse treatment as described under Subsection (3)(b);
121          (v) impose a fine of not less than $700;
122          (vi) (A) order the individual to pay the administrative impound fee described in Section
123     41-6a-1406; or
124          (B) if the administrative impound fee was paid by a party described in Subsection
125     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
126     reimburse the party; or
127          (vii) (A) order the individual to pay the towing and storage fees described in Section
128     72-9-603; or
129          (B) if the towing and storage fees were paid by a party described in Subsection
130     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
131     reimburse the party; and
132          (b) the court may:
133          (i) order the individual to obtain substance abuse treatment if the substance abuse
134     treatment program determines that substance abuse treatment is appropriate;
135          (ii) order probation for the individual in accordance with Section 41-6a-507;
136          (iii) order the individual to participate in a 24/7 sobriety program as defined in Section
137     41-6a-515.5 if the individual is 21 years old or older; or
138          (iv) order a combination of Subsections (3)(b)(i) through (iii).
139          (4) (a) If an individual described in Subsection (3) is participating in a 24/7 sobriety
140     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
141     under Subsection (3)(a).

142          (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
143     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
144     sentence described in Subsection (4)(a).
145          (5) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
146     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
147     offense upon which the current conviction is based and where there is admissible evidence that
148     the individual had a blood alcohol level of .16 or higher, had a blood alcohol level of .05 or
149     higher in addition to any measurable controlled substance, or had a combination of two or more
150     controlled substances in the individual's body that were not recommended in accordance with
151     Title 26, Chapter 61a, Utah Medical Cannabis Act or prescribed:
152          (a) the court shall:
153          (i) (A) impose a jail sentence of not less than 20 days;
154          (B) impose a jail sentence of not less than 10 days in addition to home confinement of
155     not fewer than 60 consecutive days through the use of electronic monitoring that includes a
156     substance abuse testing instrument in accordance with Section 41-6a-506; or
157          (C) impose a jail sentence of not less than 10 days in addition to ordering the
158     individual to obtain substance abuse treatment, if the court finds that substance abuse treatment
159     is more likely to reduce recidivism and is in the interests of public safety;
160          (ii) order the individual to participate in a screening;
161          (iii) order the individual to participate in an assessment, if it is found appropriate by a
162     screening under Subsection (5)(a)(ii);
163          (iv) order the individual to participate in an educational series if the court does not
164     order substance abuse treatment as described under Subsection (5)(b);
165          (v) impose a fine of not less than $800;
166          (vi) order probation for the individual in accordance with Section 41-6a-507;
167          (vii) order the installation of an ignition interlock system as described in Section
168     41-6a-518;
169          (viii) (A) order the individual to pay the administrative impound fee described in

170     Section 41-6a-1406; or
171          (B) if the administrative impound fee was paid by a party described in Subsection
172     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
173     reimburse the party; or
174          (ix) (A) order the individual to pay the towing and storage fees described in Section
175     72-9-603; or
176          (B) if the towing and storage fees were paid by a party described in Subsection
177     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
178     reimburse the party; and
179          (b) the court may:
180          (i) order the individual to obtain substance abuse treatment if the substance abuse
181     treatment program determines that substance abuse treatment is appropriate;
182          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
183     41-6a-515.5 if the individual is 21 years old or older; or
184          (iii) order a combination of Subsections (5)(b)(i) and (ii).
185          (6) (a) If an individual described in Subsection (5) is participating in a 24/7 sobriety
186     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
187     under Subsection (5)(a) after the individual has served a minimum of:
188          (i) five days of the jail sentence for a second offense; or
189          (ii) 10 days of the jail sentence for a third or subsequent offense.
190          (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
191     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
192     sentence described in Subsection (6)(a).
193          (7) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
194     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
195     offense upon which the current conviction is based and that does not qualify under Subsection
196     (5):
197          (a) the court shall:

198          (i) (A) impose a jail sentence of not less than 10 days; or
199          (B) impose a jail sentence of not less than 5 days in addition to home confinement of
200     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
201     substance abuse testing instrument in accordance with Section 41-6a-506;
202          (ii) order the individual to participate in a screening;
203          (iii) order the individual to participate in an assessment, if it is found appropriate by a
204     screening under Subsection (7)(a)(ii);
205          (iv) order the individual to participate in an educational series if the court does not
206     order substance abuse treatment as described under Subsection (7)(b);
207          (v) impose a fine of not less than $800;
208          (vi) order probation for the individual in accordance with Section 41-6a-507;
209          (vii) (A) order the individual to pay the administrative impound fee described in
210     Section 41-6a-1406; or
211          (B) if the administrative impound fee was paid by a party described in Subsection
212     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
213     reimburse the party; or
214          (viii) (A) order the individual to pay the towing and storage fees described in Section
215     72-9-603; or
216          (B) if the towing and storage fees were paid by a party described in Subsection
217     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
218     reimburse the party; and
219          (b) the court may:
220          (i) order the individual to obtain substance abuse treatment if the substance abuse
221     treatment program determines that substance abuse treatment is appropriate;
222          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
223     41-6a-515.5 if the individual is 21 years old or older; or
224          (iii) order a combination of Subsections (7)(b)(i) and (ii).
225          (8) (a) If an individual described in Subsection (7) is participating in a 24/7 sobriety

226     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
227     under Subsection (7)(a) after the individual has served a minimum of:
228          (i) five days of the jail sentence for a second offense; or
229          (ii) 10 days of the jail sentence for a third or subsequent offense.
230          (b) If an individual described in Subsection (8)(a) fails to successfully complete all of
231     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
232     sentence described in Subsection (8)(a).
233          (9) Under Subsection 41-6a-503[(2)](3), if the court suspends the execution of a prison
234     sentence and places the defendant on probation where there is admissible evidence that the
235     individual had a blood alcohol level of .16 or higher, had a blood alcohol level of .05 in
236     addition to any measurable controlled substance, or had a combination of two or more
237     controlled substances in the person's body that were not recommended in accordance with Title
238     26, Chapter 61a, Utah Medical Cannabis Act or prescribed, the court shall impose:
239          (a) a fine of not less than $1,500;
240          (b) a jail sentence of not less than 120 days;
241          (c) home confinement of not fewer than 120 consecutive days through the use of
242     electronic monitoring that includes a substance abuse testing instrument in accordance with
243     Section 41-6a-506; and
244          (d) supervised probation.
245          (10) (a) For Subsection (9) or Subsection 41-6a-503[(2)](3)(b), the court:
246          (i) shall impose an order requiring the individual to obtain a screening and assessment
247     for alcohol and substance abuse, and treatment as appropriate; and
248          (ii) may impose an order requiring the individual to participate in a 24/7 sobriety
249     program as defined in Section 41-6a-515.5 if the individual is 21 years old or older.
250          (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
251     of the requirements of the 24/7 sobriety program, the court shall impose the suspended prison
252     sentence described in Subsection (9).
253          (11) Under Subsection 41-6a-503[(2)](3), if the court suspends the execution of a

254     prison sentence and places the defendant on probation with a sentence not described in
255     Subsection (9), the court shall impose:
256          (a) a fine of not less than $1,500;
257          (b) a jail sentence of not less than 60 days;
258          (c) home confinement of not fewer than 60 consecutive days through the use of
259     electronic monitoring that includes a substance abuse testing instrument in accordance with
260     Section 41-6a-506; and
261          (d) supervised probation.
262          (12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
263     requirements of this section.
264          (ii) A court may suspend requirements as described in Subsection (2), (4), (6), (8),
265     (10)(b), or (11).
266          (b) A court, with stipulation of both parties and approval from the judge, may convert a
267     jail sentence required in this section to electronic home confinement.
268          (c) A court may order a jail sentence imposed as a condition of misdemeanor probation
269     under this section to be served in multiple two-day increments at weekly intervals if the court
270     determines that separate jail increments are necessary to ensure the defendant can serve the
271     statutorily required jail term and maintain employment.
272          (13) If an individual is convicted of a violation of Section 41-6a-502 and there is
273     admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
274     shall order the following, or describe on record why the order or orders are not appropriate:
275          (a) treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
276          (b) one or more of the following:
277          (i) the installation of an ignition interlock system as a condition of probation for the
278     individual in accordance with Section 41-6a-518;
279          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
280     device or remote alcohol monitor as a condition of probation for the individual; or
281          (iii) the imposition of home confinement through the use of electronic monitoring in

282     accordance with Section 41-6a-506.