SALT LAKE CITY — A drunk driving bill sparked heated debate and long discussions at the House Law Enforcement and Criminal Justice Standing Committee on Monday.
House Bill 273, or "Sentencing Modifications for Certain DUI Offenses," would increase the minimum prison sentence for Utahns guilty of automobile homicide.
Multiple families of victims of drunk driving spoke before lawmakers, as well as county prosecutors, law enforcement leaders, and criminal defense attorneys.
"My son was tragically hit and killed by a drunk driver Apr. 28, 2022," said Jeremy Mitchell. "He was 13 years old."
The Mitchells thought the sentencing meant a closed chapter. Then they learned they might have to relive the trauma of losing Eli to the Board of Pardons and Parole sooner than they thought.
"The issue is once a judge sentences them to prison, we do have this indeterminate sentence that's completely out of their hands at that point. This person may be in there for the full 15 years, maybe out in a year," said Rep. Andrew Stoddard, who sponsored the bill.
According to the Administrative Office of the Courts, Utah has 15 to 20 automobile homicide cases each year, with up to 60% of those drivers convicted.
"A second-degree felony currently is 1 to 15 years. If this bill passes, it will say for automobile homicide, everybody who's convicted will go to prison and will be for at least five years," said Will Carlson with the Salt Lake County District Attorney's Office.
Law enforcement representatives with the Utah Highway Patrol and Utah County Sheriff's Office shared their support.
"In the last year, 2023, we arrested more impaired drivers than we have in the last six years. Over 11,000," said Col. Michael Rapich with the Utah Highway Patrol.
Criminal defense attorneys spoke against it, arguing prisons are already overcrowded, some DUIs are not so black and white, and the longer sentence puts more pressure on the judge.
"In my experience in these cases, judges and members of the Board of Pardons treat these cases very, very seriously," said Marc Moffitt with the Criminal Defense Lawyers Association.
"Even though a minimum mandatory prison sentence may be appropriate in 90 or 95% of these cases, what about that 5%?" said Steve Burton with the Utah Defense Attorney Association.
The committee voted unanimously in favor of the bill.
"We want to help future victims. Set a path for them that's more clear for them," said Mitchell. "Really, five years is nothing. We get to live with this for the rest of our life. It will always be with us forever."
