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Senators circle DUI testing bill after questions on blood draws and officer immunity

February 09, 2023 | 2023 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senators circle DUI testing bill after questions on blood draws and officer immunity
House Bill 236, describing amendments related to driving‑under‑the‑influence testing and immunity for officers who draw blood, drew extended floor questioning and was circled for further review.

Senator Owens, sponsor, told the chamber that the bill clarifies immunity for officers drawing blood samples when they have "reasonable belief" that a driver is under the influence of alcohol or other substances. He said the change was intended to account for "the reach of more medication" and newer substances that can impair drivers, and that the bill does not aim to change required medical protocols.

Several senators pushed for clarification. Senator Andrzej said previous follow‑on legislation created safeguards after a high‑profile incident where a nurse followed hospital protocol, and asked whether HB236 would "undo" protections enacted in prior sessions. He said the immunity grant in the bill was of particular concern and asked for a briefing on the problem HB236 seeks to solve. Senator Milner asked directly whether the bill requires a warrant or consent for blood draws, noting prior amendments to the code.

The sponsor acknowledged he did not have all of the answers on the floor and asked to circle the bill while he obtained the needed clarifications. The motion to circle the bill carried; the sponsor indicated he would return with answers about warrant/consent rules and the interaction with medical‑practice protocols.

Next steps: the bill will remain circled while the sponsor obtains further information requested by senators; no final vote or amendment was recorded in the provided transcript excerpt.

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