Category Archives: Drunk Driving Bill

New Mexico May Soon See Tougher DWI Laws

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Gov. Susana Martinez’s office met with a young Colorado couple whose unborn son was killed in a drunk driving accident. The couple are working with the Governor’s office in hopes that the Legislature will pass Dimitri’s Law, a bill named after their son, which seeks to make the penalties for first and second DWI convictions much harsher.

The potential bill began when more than 2,700 people signed the Justice for Dimitri Petition which has signatures from people across the nation. At the next legislative session, Zach and Aileen Smith, Dimitri’s parents, will present the petition and the bill to New Mexico lawmakers. The Smiths say that penalties need to be tough on first and second DWIs, not on the fourth and eighth DWI.

The Smiths believe that a first DWI conviction should result in the driver’s vehicle being impounded, and that it stay impounded until an interlock device is installed on the vehicle. Even though New Mexico is one of a handful of states in the nation that require an ignition interlock device for a first DWI offense, some believe that this requirement is not being monitored or enforced appropriately.

Will New Texas DWI Laws Pass to Allow for Sobriety Checkpoints?

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The Texas House Criminal Jurisprudence Committee met Monday in Austin to discuss creative ways to curb DWI in the state. San Antonio police Deputy Chief Anthony Trevino urged legislators to allow for permanent DWI checkpoints that would allow law enforcement to stop drivers and do routine sobriety tests near “drunk driving hot spots.” The deputy police chief’s idea was opposed by Jim Harrington of the Texas Civil Rights Project who said that this would allow for police abuse of power.

Harrington said, “Once you start setting these roadblocks, you are basically saying the government has control over your movement.”

State Representative Pete Gallego, D-Alpine, the committee chairman, wanted “creative ways” to reduce the number of DWI’s in Texas, and said that the committee was looking for a change in DWI laws to “get on the front end of the problem.” In 2010, drunk drivers with a blood alcohol level higher than 0.08 killed 1,259 people on the Texas roadways. California, which has the second highest number of DWI deaths in the country, had 791 deaths in 2010 caused by drunk drivers.

Gallego said, “It’s always bothersome when California does something better than Texas. California – with more cars, more drivers and more people – still has less DWI-related deaths than Texas does.” This hearing was Pete Gallego’s last in the state Capitol, as he was elected on November 6th to represent U.S. House District 23.

Bexar County (San Antonio) District Attorney Susan Reed expanded “no refusal” weekends to every day of the year starting in April 2012. This means that anyone suspected of DWI in Bexar County will be required to have their blood tested if they refuse the breathalyzer. Reed said of their policy, “We are now the largest metro area in Texas to have an absolute no-refusal policy.”

Bill Lewis, MADD’s public policy liaison, asked legislators to support sobriety checkpoints by passing laws to allow police officers to conduct them. He said checkpoints could save 200 lives in Texas every year. Lewis said of lawmakers, “We have asked them to provide those guidelines for, what is it 18 years? They haven’t done it, so may it’s time to try something else.” He said he would be surprised if the checkpoints do get passed into law because he recognizes that some see checkpoints as government playing “big brother.”

Lewis did suggest to the Legislature that all first-time DWI offenders be required to use an ignition interlock device on their vehicle, which would prevent a car from starting if the driver has any detectable amount of alcohol in their system. Under Texas law, it is the discretion of the judges whether the ignition interlock device is used for DWI offenders.

Texas prohibits checkpoints based on the interpretation of the U.S. Constitution, however the Corpus Christi Police Department claims to have found a loophole. Public Information Officer for the Department, Julie Garcia, claims that the department does conduct what they call “driver’s license checkpoints” routinely. If during this driver’s license checkpoint a driver is suspected to be impaired, the officer can conduct field sobriety tests, which if failed, the driver “can and will be arrested.”

Driver’s license checkpoints are also used in Lubbock County, according to Assistant District Attorney Tom Brummett, who said that these checkpoints are an effective way to legally target DWI drivers. He said, “Even though we can’t use DWI or sobriety checkpoints, the law does allow us to use driver’s license checkpoints, vehicle safety checkpoints.”

DUI Look-back Periods

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Alabama has a 5 year “look back” period when convicting DUI cases. Previous drunk driving charges can only be considered if they have occurred in the past five years. For instance, a driver may have been convicted of drunk driving seven times in one year, say, 2007. They had a very bad year. Assuming they have somehow been released from prison or jail, that person can be caught drunk driving in 2013 and it will be treated as their first DUI.

Alabama is one of the most lenient states when concerning DUI look-back periods. Other states with a five-year back period include Colorado and Missouri. Look-back periods (also referred to as washout periods) vary by state, and often states will change their DUI laws. For instance, until 2008, Georgia had a five year look-back period. The law was amended in 2008 so now Georgia will review any DUI conviction on your record in the past ten years.

States with lifetime look-back periods include Kansas and Massachusetts. In Michigan, a third DUI will be charged as a felony, after the ten year look-back period was dropped in 2007 under a new law called Heidi’s Law. This is an example of how social pressure can change a state’s DUI laws.

Heidi Steiner was a northern Michigan high school senior who was killed by a drunk driver named Danny Buffman in 1991. Buffman served a prison term and was eventually released. He was arrested again for DUI in 2005, but was charged as if were his first DUI because more than 10 years had passed since his 1991 conviction. Even though his DUI (referred to as OWI in Michigan) record included manslaughter, his record could only be looked at from 1995-2005.

Washington Initiative 502 Will Set Standard for Marijuana DUI

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Washington’s Initiative 502 would allow possession of up to one ounce of marijuana for adults over age 21. The initiative would also allow 16 ounces of solid marijuana infused products or 72 ounces of liquid marijuana, as long as they are purchased in a state-licensed store. It would still be illegal to possess non-medical marijuana that is grown or purchased outside of the state. A provision on Initiative 502 allows for prosecution of drivers who have more than 5 nanograms per milliliter of active THC metabolites in their system. Current law uses the same criminal statute for Marijuana DUI, drug DUI, and alcohol DUI.

Critics of the DUI provision warn marijuana users of how easy it could be to get charged with Marijuana DUI, which would carry significant and serious criminal charges. Washington’s current DUI law is based on implied consent and per se DUI provisions. This means that if you drive on Washington roads, you have already given consent to have your blood or breath tested if you are arrested for DUI, if the officer has reasonable grounds to believe you are impaired.

I-502 will add a per se threshold for THC whereas before there was none. The law will distinguish between THC and THC-COOH. THC-COOH is the inactive marijuana metabolite known as carboxy-THC which can be used under current law to convict drivers of DUI. The initiative would only consider THC concentration in DUI cases.

Illinois DUI Law, DUI Convictions to Fund DUI Prevention

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Illinois’ history of DUI legislation follows the course of most states, from changing the limit for driving impairment to .08% and enacting Child Endangerment Laws that enhances penalties for DUI drivers with minors in their vehicles. DUI arrests are going up, laws are becoming more fine-tuned and stricter, and overall the nation’s traffic fatalities are going down. The most recent changes to Illinois law has to do with how to fund DUI prevention programs, and a new law is allowing funds from DUI convictions to be funneled toward those programs. Here is an overview of the highlights of Illinois’ change in drunk driving legislation over the years:

BAC Changes Over the Years

In 1958, Illinois established the illegal BAC limit as .15%, and just nine years later in 1967 lowered the state’s illegal limit down to .10%. It would be 30 more years before Illinois changed the illegal BAC limit to .08%.

Many New DUI Laws in the last ten years

The 2000s saw the most changes to Illinois drunk driving legislation, with at least 6 changes made to Illinois DUI law in just the last year. Effective January 1, 2012, a driver arrested for DUI could have their vehicle impounded and be charged administrative fees for that vehicle’s impoundment. The vehicle could be handled by the municipality in any way it saw fit if the vehicle went unclaimed.

Another recent DUI law passed in 2012 related to school bus drivers. The employers of school bus drivers may request a blood or alcohol test if there is reasonable suspicion that the employee may be under the influence.

Tougher DUI Penalties

Milestones in Illinois DUI law include the establishment of the Zero Tolerance Policy, passed in January 1995, which states that any driver under age 21 with any trace of alcohol or drugs in their system will automatically lose their driving privileges. In January 1993, Illinois established the Child Endangerment Law, which set tougher penalties for drivers convicted of DUI who had a passenger 16 or younger in the vehicle.

In January 1986, the Crime Victims Bill of Rights was expanded to include DUI victims, and that same year the Statutory Summary Suspension Program was put into place which allowed for the automatic suspension of a person’s driver’s license if they refused to submit to or failed a chemical test after a DUI arrest.

Most Recent and Far-Reaching DUI Legislation

In January 2004, Illinois passed a law which made it illegal for anyone to operate a watercraft or snowmobile while under the influence. Since January 2009, the state of Illinois has required even first-time DUI offenders to use a breath alcohol ignition interlock device (BAIID) and any vehicle they drive must also be equipped with a BAIID.

In August 22, 2012, House Bill 5021 was signed, which allows funds received from DUI convictions to go to local law enforcement agencies for alcohol-related crime prevention and enforcement, sparking a debate about whether this will create a financial incentive for police to stop drivers in cases that could have questionable probable cause.

DUI Laws May Help Decline in Traffic Deaths in Virginia

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The rate of traffic fatalities and severe injuries resulting from auto accidents is on the decline in Virginia, according to new State figures tracking fatalities from 2007 to 2010. Among the contributing factors to this decline is increased seat belt use, stricter licensing for younger drivers, and new DUI laws.

There were 1,026 traffic deaths in 2007, 821 in 2008, 756 in 2009, and 739 in 2010. Similarly, severe injuries fell from 19,796 to 11,664 from 2007 to 2010.

As of October 19, 2012, there have been 608 traffic-related deaths in Virginia.

Connie Sorrell is with the Virginia Department of Transportation and believes that the numbers are still too high. She believes that new initiatives with specific aims to reduce a secondary crash and the scene of a wreck would help reduce the numbers. To do so, representatives of local law enforcement agencies are training to clear crash scenes faster to avoid a secondary collision.

On July 1, 2012, Virginia enforced stricter DUI laws concerning ignition interlock devices. The new law states that it is mandatory for a driver convicted of any DUI or DWI, regardless of BAC, to use an interlock device for a minimum of six months. Virginia’s new DUI laws with stricter use of ignition interlock devices is a trend being seen across the country.

Mississippi Bill Creates DUI Child Endangerment Law

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In July 2012, Mississippi passed a DUI child endangerment law which created a separate offense for driving under the influence with a passenger under the age of 16.

If the offense does not include serious injury or death to the child involved, and if it is the first conviction for DUI, then the driver will charged with a misdemeanor, be fined no more than $1,000 and can be imprisoned for up to twelve months.

A second conviction that does not result in serious death or injury to the child will also be a misdemeanor offense, and the fines will be at least $1,000 and no more than $5,000. The offender can also be jailed for up to one year.

A third or subsequent conviction not involving injury or death to the child is a felony, and fines go up to $10,000 and the offender can be imprisoned for up to 25 years.

A first offense with injury or death to the child can be charged as a felony, and fines could go up to $10,000 and the offender can face up to 25 years in prison.

Up until this year, Mississippi was one of the only states that did not have a DUI child endangerment law. In 2011, a child endangerment bill died in session when no motion was made to table the motion to reconsider, and a similar bill met the same fate in 2010.

In September, a driver with five children in the vehicle crashed, resulting in a rollover. He faced five counts of endangering a child by DUI.

New Bill Deletes Options for CA Drivers Arrested for DUI

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California drivers no longer have the option to choose which chemical test they may take when arrested for driving under the influence. The old law allowed a driver to decide whether they submit to a blood, breath, or urine test. Sometimes, the driver who submitted to a breath test would also be request to take either a urine or blood test, again one of their choosing.Revisions to this law prohibits the arrestee’s option of choosing a urine test, and instead requires that if a blood test is unavailable then they have automatically consented to giving a urine test. The new law states that a person only has the choice of a breath or blood test. If a person is unable to give a blood test and is exempted from doing so, then they must give a urine test.

California’s new bill was approved by the Governor on August 27. Under California law, an arresting officer must tell a driver the consequences of refusing a chemical test, which can include a one-year driver’s license suspension for a first DUI offense.

Georgia Bill Allows for Greater Driving Privileges with Ignition Interlock Device

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Georgia has been overdue for DUI law reform, and in April the State Senate expanded SB 236, an Act which allows repeat DUI offenders to have more flexibility in their driving privileges.

Georgia suspended the licenses of two-time DUI offenders for 12 months, but the bill has reduced that to a minimum of 4 months. If convicted within a 5-year period, offenders can obtain a limited driving permit if they meet all requirements, including the installation of an ignition interlock device on their vehicle for at least 8 months.

The new law will allow offenders to drive to and from their place of employment, school, or substance abuse treatment facility, and will allow for greater autonomy while completing their probation. The court may exempt the offender from the requirements of the ignition interlock device limited driving permit if the court can determine that the requirements would put undue financial hardship on the offender.

East Baton Rouge Parish Delays Vote On Blue Laws

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The East Baton Rouge Parish Metro Council has deferred action for two weeks on voting for a proposal that would amend the city’s blue laws which restricts alcohol sales on Sundays.

The current law prohibits retail outlets to sell alcohol on Sundays before 11a.m. and bars from opening at all. During the discussion, Councilwoman Alison Gary proposed to amend the bill so that retail could open at 6a.m. on Sundays, but bars would have to wait until 11a.m. to serve alcohol just like restaurants. The original bill proposed that bars operate as they do every other day of the week, which is open at 7a.m. Councilwoman Gary pointed out the contradiction that restaurants who derive 50% of their revenue from food can serve alcohol on Sundays.

The council will vote on the amended bill in two weeks. The council will also vote at that time on whether or not bars will be allowed to stay open until 4a.m. on Thursdays, Fridays, and Saturdays.

Police Chief Dewayne White expressed concern over the bill and its possible connection to new crime. He said, “East Baton Rouge Parish leads the state in the number of DWI arrests each year.”