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Police are lauding the province’s tough new drunk driving legislation but critics are concerned the regulations may actually result in increased criminality.

Rob Holmes, president of the B.C. Civil Liberties Association, is concerned that drivers who are facing huge fines that they are unable to pay will be forced to drive illegally to get to work, “and then they’re committing more crime.”

The new rules, revealed this week by B.C. Solicitor General Michael de Jong, amend the Motor Vehicles Act to create Canada’s “most immediate and severe” penalties for impaired driving.

The changes were inspired by the case of Alexa Middlaer, a four-year-old girl who was killed by an alleged drunk driver in Delta two years ago. They are expected to come into effect this fall.

Under the new rules, drivers who blow over .08 or refuse to provide a breath sample at the roadside will immediately be banned from driving for 90 days, hit with a $500 fine, and their vehicle will be impounded for 90 days. They could also face criminal charges.

Drivers who blow once within a “warn” range between .05 and .08, within five years, will immediately be banned from driving for three days and be fined $200. The second instance will earn them a seven-day ban and $300, and a third, a 30-day ban and $400 fine.
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MONTPELIER – Drunk drivers could see their license suspensions reduced significantly under proposed legislation that would authorize the use of “ignition interlock devices” in vehicles in lieu of other sanctions.

The Vermont House of Representatives gave unanimous approval Thursday to a bill that relies on the ignition-interlock technology to lower recidivism rates for drunk-driving offenders. Backers of the proposal say it would also make roads safer by preventing DUI offenders from repeatedly driving drunk.

The devices are essentially breathalyzer machines installed in the dashboards of offenders’ vehicles. The devices prevent the car from starting if a driver’s blood-alcohol content exceeds .02 percent.

While some lawmakers said they worry about what kind of message reduced suspensions might send, proponents of the legislation say the technology has reduced recidivism rates by up to 90 percent in the 47 other states that have passed ignition-interlock laws.

“The problem with current DUI laws is that, in a rural state particularly, if you take somebody’s license away and that person has a job and has to get to work, they’re going to drive,” said Rep. Eldred French, a Shrewsbury Democrat. “As many as 70 percent of people will continue to drive without a drivers license simply because they have to.”

French said that if offenders are going to drive, the state might as well make sure they do it soberly.
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On July 1, 2010, a new law will go into effect regarding for persons with a second offense DUI. The new law is located in Vehicle Code Section 13352(a)(3). It seems to be an odd law and may actually decrease the driving suspension period for second offenses in some cases.

There are two statutes that deal with DUI’s in California.  The first is Vehicle Code Section 23152(a) that basically states that is unlawful to drive under the influence of alcohol or drugs.  A conviction of this section involving alcohol only after July 1, 2010 will mean a 2 year suspension with an eligibility of obtaining a restricted license after an actual 90 day suspension IF an interlock ignition device is placed in the vehicle and other standard requirements are met (SR-22 Form, reissue fee paid, and enrollment in an SB38 program).  However, if the DMV hearing is lost, there will be a one year suspension.  So, for multiple offenders, it is more important than ever to win the DMV hearing.

The second statute is Vehicle Code Section 23152(b) that states it is unlawful to drive a vehicle with .08% or more blood alcohol.  Upon a second conviction of this section, there is no driving suspension.  According to Vehicle Code Section 13352(a)(1), the suspension, if any at all, is left to the DMV hearing.  So, if the DMV hearing is won, there would be no suspension time served.  If the DMV hearing is lost, there is a one year suspension time imposed.

It is unclear whether arrests before July 1, 2010 would be eligible. It appears that the Vehicle Code Sections dealing with this issue, states that consequences apply at “conviction.” Therefore, one can argue that arrests before July 1, 2010 and convictions after would be eligible for the new law.

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Legislation requiring certain Tennessee DUI offenders to use an ignition interlock device to operate their vehicle made it out of the General Assembly’s so-called “black hole” subcommittee on Wednesday.

Interlock devices are attached to the steering wheel of a car with a tube the driver must breathe into to ignite the engine.

The interlock bill, sponsored by Kingsport GOP state Rep. Tony Shipley, advanced by a voice vote in the House Budget Subcommittee over a competing measure sponsored by state Rep. Henry Fincher, D-Cookeville.

“I have been working on this legislation for over a year, and I am committed to seeing it through to the end,” Shipley said in a prepared release following the vote.

Fincher’s bill, advocated by the Tennessee chapter of Mothers Against Drunk Driving (MADD), stayed alive but was placed behind the proposed budget.

“I would point out to this committee that this bill is tougher on crime,” Fincher said of his legislation. “It made the state more money. It would have saved more lives. … It’s beyond me why the other bill got through.”

Subcommittee Chairman Harry Tindell, D-Knoxville, told Fincher: “The committee felt (Shipley’s bill) was responsible legislation. Yours was well-intended as well. We can only pass one on the same subject, obviously.”

The Senate companion to Shipley’s bill, sponsored by Mount Juliet GOP state Sen. Mae Beavers, unanimously passed in the state Senate in mid-April. With Wednesday’s subcommittee vote, Shipley’s bill moves on to be considered by the full House Finance Committee.

The Senate companion to Fincher’s bill was introduced by Oak Ridge GOP state Sen. Randy McNally, who did not advance it in the Senate Judiciary Committee.

“I would just point out the practical problem with the second bill is that it is dead in the Senate,” House Finance Committee Chairman Craig Fitzhugh, D-Ripley, said of Fincher’s bill.

But Tindell added: “If Representative Shipley’s bill does not pass, it would be quite alive.”

As amended, the Senate version of Shipley’s bill requires the use of the interlock devices if the offender has a blood alcohol concentration (BAC) of 0.15 percent or higher; is accompanied by a person under 18 years of age; or violates the present implied consent laws.

The legislation also provides that those convicted of drunk driving with a BAC under 0.15 have the option to install an interlock device instead of being geographically restricted by a court.

Fincher’s legislation required interlocks for all first-, second- and third-time DUI offenders.

His bill also mandated an alternative form of monitoring, either an in-home device or a continuous alcohol monitoring ankle bracelet, for any offender who claims not to have a vehicle, according to MADD.

Fincher’s bill is “very similar” to laws in New Mexico and Arizona, where 35 percent and 33 percent reductions have occurred in alcohol-related traffic fatalities, MADD noted.

MADD said more than 320 people were killed in drunk driving crashes in Tennessee during 2008.

As of last January, 2,743 Tennessee driver’s license holders had an interlock restriction, while 580 license holders had an interlock device installed, according to the Department of Finance and Administration.

For more information, go to www.capitol.tn.gov. Shipley’s bill is HB 2768. Fincher’s bill is HB 2917.

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Former Houston Oilers quarterback Dan Pastorini was arrested on suspicion of drunk driving after a fender bender in Bryan early this morning.

The wreck occurred in the 3600 block of S. Texas about 1 a.m., said Sgt. Steven Spillars of the Bryan Police Department.

Pastorini, who was alone in his car, and the other driver were treated for minor injuries.

Spillars said Pastorini was cited for failure to control his speed and was arrested on suspicion of driving while intoxicated, a Class B misdemeanor. He was in the Brazos County jail with a $3,000 bail this morning.

Pastorini, 60, rear-ended a car that was stopped at a stop sign, Spillars said. He said the officer who responded to the crash smelled alcohol on Pastorini and requested that he take a field sobriety test, but Pastorini refused.

Pastorini helped lead the Oilers to playoff appearances during the team’s Luv Ya Blue heydays in the 1970s.

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Recently there has been an attempt by our state lawmakers to draft a tougher DUI bill. A major problem seems to be the lack of funds to enforce the tougher laws that are needed. Really!

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How much are all those lives that are needlessly ended on our highways each year due to irresponsible use of alcohol worth?

I recently returned from Japan.

Drinking sake and beer is a big deal there.

A few years ago, they also had a serious problem with drunk drivers. That is changing. The legal blood alcohol limit for a driver in Japan, as of 2007, is 0.03.

That represents one beer for the average Japanese woman and a little over one beer for the average man.

Penalties, even for a first offense, are stiff — thousands of dollars in fines, often prison time, and other penalties including the real possibility of job loss.

Anyone riding in the car with a drunk driver in Japan is also fined. With the new laws, most Japanese do not drink even one beer prior to driving.

Yes, laws like these are tough medicine, and initially they may be expensive to enforce.

However, anything less is not going to solve the problem.

In the long-run, strictly enforced, tough Japanese-style laws will be less expensive than less stringent laws because there will be far fewer violators of the stricter laws.

Like smoking in public buildings, drinking and driving is a solvable problem.

Let’s stop making excuses and just do it.

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BELLINGHAM — Ambulances and police cars at Bellingham High School on Friday morning, April 23, are nothing to worry about — students are learning about drunk driving.

A mock DUI crash assembly will start shortly before 11 a.m. on Kentucky Street and will feature students, Bellingham police and paramedics acting out the aftermath of a fatal crash. Students will see how law enforcement investigates crashes and how paramedics treat injured people.

These kinds of graphic assemblies are common at high schools, especially during prom season.

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On March 31, law enforcement officers from throughout Northern Nevada were recognized by the Northern Nevada DUI Task Force for their efforts in Driving Under The Influence Enforcement and Underage Drinking Prevention in the 6th Annual Law Enforcement Recognition Awards Ceremony, held at the National Automobile Museum in Reno.

Five deputies from the Lyon County Sheriff’s Office were among those recognized by the Task Force, and the ceremonies were also attended by families of the deputies, along with Lyon Sheriff Allen Veil, Undersheriff Joe Sanford and Dayton Substation Lieutenant Rob Hall.

Deputies Alfonso Lopez and Wayne Hawley were presented plaques recognizing their efforts in DUI enforcement and prevention in the Fernley patrol area during 2009; and Sergeant Bryan Parsons and Deputies Tony Burton and Julie Redmond were awarded plaques recognizing their efforts in the Enforcing Underage Drinking Laws (EUDL) Project throughout Lyon County.

Sergeant Parsons has been involved with the EUDL Program since 2006 and has been the Lyon County Sheriff’s Office EUDL coordinator since 2008. He oversees the alcohol compliance checks and third party sales, and assists the Healthy Communities Coalition of Lyon and Storey Counties in presenting Responsible Alcohol Server Training to employees of retail outlets and drinking establishments.

Deputy Burton and Deputy Redmond have been involved with the EUDL Program since 2007 and 2009, respectively, and actively assist Sergeant Parsons with alcohol compliance checks and third party sales.

During 2009, Sergeant Parsons, Deputy Burton and Deputy Redmond conducted 155 compliance checks at retail outlets and drinking establishments and witnessed 105 attempted third party sales. As a result of the compliance checks, two businesses were made to appear in front of the Lyon County Liquor Board for repeated sales to minors.

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Law enforcement agencies across the state are reporting an increase in arrests of people suspected of driving under the influence of alcohol or drugs. Salt Lake County alone has seen a record-breaking 40 percent increase this year. Troopers with the Utah Highway Patrol say they’ve also seen an increase in the number of people driving under the influence of drugs. Troopers want drivers to understand they are watching closely and expanding their efforts to stop impaired drivers.

“We aggressively look for impaired drivers. It is [...] one of our big pushes,” said Lt. Robert Anderson of the Utah Highway Patrol.

Law enforcement officials are also reminding motorists that the court fines, legal fees and increased insurance rates associated with a DUI arrest can easily add up to thousands of dollars, which is much more costly than safe alternatives like arranging a taxi cab ride or using a designated driver.

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A motorized lounge chair seized in a Minnesota DWI case has been auctioned off for a third time.

A Duluth area resident placed the winning $3,700 bid Tuesday night.

Bart Kyte, sales manager for the business that organized the sale, would not disclose the top bidder’s name. Kyte says 15 people took part in the auction at Do-Bid.com.

Proceeds go to the Proctor Police Department, which seized the novelty chair in August 2008 after its former owner drove it into a parked car. He pleaded guilty to drunken driving.

The chair had been put up for online auction twice before, but those sales fell through.

The recliner is powered by a lawnmower engine. It comes equipped with a stereo, cup holders and a magazine rack.

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