DUI bill hits some stiff resistance

Scott Reeder

Thursday, April 1, 1999 | 11:40 a.m.

CARSON CITY -- Families that lost loved ones to drunken drivers were pitted against representatives of the alcohol and hospitality industries Wednesday as legislators discussed whether to lower the legal limit for intoxication.

Right now, people with blood alcohol levels of 0.10 or higher can be arrested for driving under the influence of alcohol.

Legislation was introduced so that those involved in accidents and having a blood alcohol level between 0.08 and 0.10 can also be charged with DUI.

Even with this compromise legislation, which would only lower the DUI limit for those involved in accidents, there was significant opposition.

"The people who support this legislation want to move us back to the days of Prohibition. What we are trying to do is keep things from going that direction," said Harvey Whittemore, a lobbyist for the Nevada Beer Wholesalers Association.

Whittemore said lowering the DUI limit will not significantly impact the number of traffic accidents.

"It is more effective to concentrate on people with significant drinking problems -- who drive with higher blood alcohol levels," he said.

But Assemblyman Mark Manendo, D-Las Vegas, said this argument is without merit.

"This bill does not target social drinkers," he said. "The average man would have to consume four drinks within one hour to reach 0.08. To me, someone who drinks that much is not a social drinker."

Gary Booker, of the Clark County district attorney's office, testified the lower blood alcohol level would provide a valuable tool to his office in fighting drunken driving.

John Kukulica, a member of the Nevada Restaurant Association and the Nevada Hotel Motel Association, told the Assembly Judiciary Committee that his organizations were also opposed to Assembly Bill 559.

"A blood alcohol level of 0.08 is nothing short of an assault on social drinkers," he said.

Kukulica's testimony did not sit well with Cecile Rizzo, of Henderson, whose 19-year-old daughter, Deena, was killed in a 1993 in an accident involving a woman who had been drinking.

"I don't understand how anyone can be opposed to a bill that will save lives," she said. "It makes absolutely no sense that anyone would oppose this."