Lower DUI level gets one panel’s OK

Friday, April 13, 2001 | 10:22 a.m.

CARSON CITY -- The Assembly Judiciary Committee on Thursday approved a bill toughening the law on drunken driving, but the bill still faces an uncertain future.

The committee voted 11-2 for Assembly Bill 166, which lowers the blood alcohol level from 0.10 to 0.08 for a person to be considered intoxicated while driving. It made the change effective July 1.

The bill goes to the Assembly Ways and Means Committee, which buried a similar measure two years ago. The committee must decide how much more money it will take to handle an increased prison population. The prison estimates it will need an additional $60,000 over the next two years.

This time, the state is facing a federal mandate that requires the lowering of the level by the year 2004 or highway construction funds would be reduced. The state could lose $2.8 million in 2004 and that would increase to an annual $11.8 million by 2007.

The federal government also offers an incentive for the states to comply early. Nevada stands to gain $900,000 if it passes the bill and it becomes effective by September.

Some opponents suggested the state wait until the 2003 Legislature to enact the law to comply with the federal mandate. But committee members said this early date would enable the state to collect additional funds.

Committee Chairman Bernie Anderson, D-Sparks, said this bill was "good public policy," but he added, "I don't like to be held hostage by the federal government."

Assemblyman Mark Manendo, D-Las Vegas, who sponsored the bill, said he anticipates a letter from the Nevada Resort Association supporting the lower legal limit.

Proponents nationally say the tighter standard could save 500 lives a year. A national liquor-industry group endorsed the lower level this week.

Assemblyman John Carpenter, R-Elko, and Assemblyman Tom Collins, D-North Las Vegas, opposed the bill.