Legislators mull 2 DUI measures

After months of planning and negotiations, the next round of efforts to curtail drunken driving in Utah begins today as lawmakers evaluate two pieces of DUI-related legislation.

The first will put $2.5 million immediately into the hands of law enforcement groups to patrol Utah's roads for drunken drivers during the upcoming holidays. The bill will be considered by a special session of the Legislature scheduled to convene at 2 p.m. to consider several other noncontroversial issues.

The second DUI proposal addresses a philosophical difference among prosecutors and others about how best to treat drunken drivers.

Some schools of thought — and much research — believe success lies in programs like those offered by two "DUI courts" in Taylorsville and Holladay. These programs offer a "plea in abeyance" to drunken drivers — essentially a dismissed conviction — in exchange for success in in-depth, highly supervised court and treatment programs designed to change a person's behavior for life.

"These are the kinds of programs that work," said Sen. Carlene Walker, R-Salt Lake City. "I used to believe we had to throw the book at the drunk driver, but I'm now convinced these programs are the better way to go."

The trouble is, if a person re-offends after completing a DUI court program, there is no way to charge that individual with an "enhanced" DUI charge that carries greater penalties.

Walker's bill, to be discussed in a transportation committee today, is a compromise between those who appreciate DUI courts and their successes and those who want to know about any previous DUI conviction.

Walker, who has worked for several years on DUI concerns, wants to make these courts work.

"It is my passion this year to facilitate drug and treatment DUI courts," she said.

The bill makes it clear a felony DUI conviction or automobile homicide conviction could not be expunged. It also clarifies that a plea held in abeyance and subsequently reduced or dismissed would be considered a conviction for purposes of enhanced penalties.

"It's important because it allows courts to establish a plea in abeyance — one tied to a drug court model . . . but at the same time hold them accountable if they offend again," said Susan Burke, director of the Utah Substance Abuse and Anti-Violence Coordinating Council, which supervises all DUI issues for the state.

USAAV's DUI committee has voted to support the bill.

"We know that treatment and education are so important, if we can encourage individuals to get involved in these programs, we know we can reduce DUI recidivism in the future," Burke said.