Getting tough in repeat DUI cases

It's taken measurable time and a definite change in thinking, but the message is finally getting through to key players in Utah's criminal justice system: Repeat drunken drivers pose serious safety problems and must be dealt with accordingly.

Take, for example, two recent cases against Jess Layne Behunin, a repeat offender with at least 10 DUI-related arrests on his record.

Last week 3rd District Judge Judith Atherton ordered Behunin, 48, to serve up to five years in prison for his latest in a string of DUI incidents.

The sentence came despite a lenient recommendation within a presentence report. The reports include a suggested sentence and are prepared by Adult Probation and Parole for most felony cases. They usually outline an offender's criminal history, as well as a program and set of conditions suitable for probation terms.

Ultimately, however, judges have total discretion when handing down sentences.

"It's not unusual to see a deviation from a pre-sentence report where the gravity of the crime outweighs any interest in programming or rehabilitating a defendant and where punishment is clearly merited," deputy district attorney Kent Morgan said.

Salt Lake City chief prosecutor Sim Gill said the report revealed several strikes against Behunin — he was on probation for another DUI conviction at the time the cases were filed, he has been arrested at least 10 times on drunken driving charges and he has twice participated in alcohol treatment programs.

Still, the report recommended Behunin serve no jail time and instead be placed in an in-patient treatment program.

Atherton went against the recommendation and ordered Behunin to serve two concurrent zero- to five-year prison terms.

"The bottom line is, the sentencing had to be prison," Gill said. "When you have somebody like (Behunin) who's had this many criminal episodes and had a couple of opportunities to treatment, for society this is the best remedy at this point.

"For a certain period of time he just won't be on the road."

Gill said the recommendation proves not everyone is on the same page when it comes to realizing the severity of repeat DUI offenders. However, he believes that will change with a little more time and education.

"I think AP&P will eventually come to realize that these are felony-level convictions," Gill said.