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Science 2012-03-15

Updates to Utah's Not a Drop Law

The Highway Safety Office initiated underage drinking projects to help stop dangerous roadways, but despite the attempt to deter, underage DUI penalties are threatening the future of teens.

March 15, 2012

The Highway Safety Office became involved in underage drinking projects to help avoid dangerous roads and highways. The reasoning is based on a combination of youths under 21 lacking sufficient driving experience and teens still developing the self-control necessary to stem impulsivity and risk-taking.

However, despite the needed deterrence, underage DUI penalties are threatening future aspirations of teens.

Actively Discouraging Teen Drinking and Driving

Many penalties are applied in an attempt to combat drinking and driving in Utah's youth. Criminal penalties include up to six months in jail and $1,850.00 in fines, according to the Highway Safety Office's summary of 2011. Civil sanctions include driver's license suspension and use of an ignition interlock device.

Criminal penalties do not change for the second offense, but additional interlock requirements are applied along with driver's license revocation for two year or until the age of 21, whichever is longer.

Effective July 1, 2011, administrative adjustments were recently applied with Senate Bill 28. Although criminal penalties remain the same, guidelines now take an offender's age into consideration for driver's license suspensions. A driver under 19 faces a one to two year driver's license suspension and a driver between 19 and 20 a six month suspension.

Penalty Bar Set Too High?

Although these laws are intended to address the problem of teenage drinking and driving, some, including one Salt Lake City DUI lawyer, argue that the penalties may be too harsh.

The National Highway Traffic Safety Administration, however, justifies the stiff penalties with sobering statistics. It estimates one-third of all deaths of 15 to 20 year olds are related to motor vehicle accidents, and 35 percent of those fatalities are connected to alcohol use.

Penalties are understandably required to deter underage drinking and driving, but penalties for a first offense may have a greater effect then legislatives intended. These teens are no longer able to drive to work, school or extracurricular activities. A probationary period for a first time offender could provide similar deterrence without dampening a teen's future ambitions.

These penalties apply not only to high school students, but also to underage college students attending universities in the state. Because the potential repercussions are steep, such charges need to be taken seriously. Anyone accused of drinking and driving while underage should seek the legal counsel of an experienced underage DUI attorney.

Article provided by Greg S. Law, PLLC
Visit us at www.greglawlegal.com