Assembly gives in to feds, passes tougher DUI measure

Tuesday, April 20, 1999 | 12:05 p.m.

CARSON CITY -- Rather than face the loss of $2 million a year in highway building funds, the Assembly on Monday approved a bill that would get tough on second-time drunken drivers, taking away their cars for 30 days.

The U.S. Transportation Department has vowed to withhold federal highway funds from any state that does not have such a law.

"This is one of those deals where you close your eyes and vote for it," Assemblyman Bernie Anderson, D-Sparks, said during debate on Saturday. He called it "blackmail" by the federal government and added "there is nothing we can do."

Assembly Bill 542, which goes to the Senate, would require judges to order the suspension of vehicle registration in cases of a second drunken driving offense. Those convicted would have to surrender their license plates and registration certificates for 30 days.

Current law requires those convicted of drunken driving a second time within seven years to lose their licenses for a year. That would not change.

Some lawmakers complained the law would hurt innocent family members.

In rural Nevada, said Assemblyman Roy Neighbors, D-Tonopah, many families have only one car. "The mother has to get her children to school," he said.

Assemblywoman Barbara Buckley, D-Las Vegas, said every option was examined "to help Nevada families," and still comply with the federal requirements.

To lessen the impact, the bill would require judges to consider the hardships on a family and allow them to void the 30-day suspension.

The judge must take into account if a member of the immediate family needs the vehicle to get to work; to obtain food, medicine or other necessities; or to take children to school.

The bill would make those convicted of a second DUI offense guilty of a misdemeanor if caught driving their cars while the registration is suspended. The punishment is either 30 to 60 days in jail or 60 days to six months in residential confinement and a fine of up to $1,000.

Those convicted also would be guilty of a misdemeanor if they allow someone else to use their cars.