Strict DUI bill approved by Assembly panel

Kiley Russell

Thursday, April 8, 1999 | 4:16 a.m.

CARSON CITY -- A bill to reduce Nevada's legal blood-alcohol level for drunken drivers was approved Thursday by one Assembly committee - and sent to another panel where it likely will die.

AB559 would lower the blood-alcohol level in DUI cases from 0.10 to 0.08 for drivers who kill or hurt people in accidents.

Supporters say it's a watered-down version of what they'd really like to see: a Nevada law making it a crime for anyone to drive with a 0.08 blood-alcohol level whether or not there's an injury or fatal wreck.

Their arguments helped to get the bill out of the Judiciary Committee - but it'll be another story in the powerful Ways and Means Committee, which reviews any measure that will cost the state.

Ways and Means Chairman Morse Arberry, D-Las Vegas, said after the Judiciary vote that AB559 won't pass his committee because the state can't afford its $5 million price tag - the cost of building a new prison.

"Statistics show that if you lower the limit, everybody goes to jail. California had to build a new prison after they passed this," Arberry added. "I don't want to go after people with just one or two beers."

The bill was authored by Assemblyman Mark Manendo, D-Las Vegas, who sees little fiscal impact on the state. "It's a public safety bill," he insists.

The legislation was inspired by the death of a 19-year-old woman killed by a Las Vegas driver who ran a stop sign and rammed her car.

Neena Rizzo was killed by a woman who admitted drinking White Russians before climbing behind the wheel - but only had a 0.05 blood-alcohol level and thus avoided drunken driving charges.

Neena's parents, Cecile and Nick Rizzo, testified earlier this session that the 0.08 level is needed to keep what happened to their daughter from happening to others.

Sixteen other states have imposed such limits, and 20 others are currently considering such a change. All states surrounding Nevada except Arizona have 0.08 laws.

Earlier versions of the bill were opposed in previous sessions by the powerful Nevada Resort Association, representing major Nevada hotel-casinos. This time, the NRA isn't taking a stand against the bill.

But there are other opponents who say AB559 - even in its watered-down form - is too restrictive. They include the Nevada Hotel-Motel Association, the Nevada Restaurant Association and the Nevada Beer Wholesalers.