Utah DUI law to alter procedures by police

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to having had some alcohol and faintly smells of it, Gill questions how an officer can establish probable cause to get the driver out of their car and test them for DUI because they may still be violating the 0.05 limit.

Officers may have to let them drive away even though they’re violating the new law, Gill said, or administer field tests to everyone who admits to having had a drink, even if they don’t seem impaired. He said he’s concerned about how the law will play out. Gill added that it may lock-in more convictions of drivers with questionable impairment but who had blood-alcohol levels at 0.06 or 0.07 percent.

Opponents of the law, including Utah’s hospitality industry, say it will punish responsible drinkers and hurt tourism and restaurants.

Utah’s Highway Patrol, which supported the new law and handles about one-third of DUI arrests in the state, said the law signed Thursday will likely have little effect on the way police look for drunk drivers because troopers are basing arrests on signs someone is intoxicated or can’t safely drive. Sgt. Todd Royce said some training may be needed, but troopers need to have a reason to get someone out of their car to administer a field sobriety test, in which drivers are asked to do tasks such as stand on one leg.

But Tom Ross, the police chief in Bountiful, Utah, and the president of the Utah Chiefs of Police Association, said he thinks officers may see changes. Police will likely have to look at how they conduct those field sobriety tests and what subtle cues they’ll rely upon to determine if someone may be over the new legal limit, Ross said.

Ross said the police chiefs’ association plans to discuss it at the group’s annual conference next week.

Utah Gov. Gary Herbert said the new law will save lives, but it’s not perfect. He wants lawmakers to hold a special session this summer to look at whether they need to make additional changes, giving Utah more time to prepare. He said he also wants lawmakers to look at heightening punishments for repeat DUI offenders and cracking down on texting while driving, which is illegal in Utah but can be frequently seen on the roads.