Momentum mounts for lowering DUI limit

Erin Neff

Wednesday, March 7, 2001 | 10:54 a.m.

CARSON CITY -- Longtime advocates of lowering the state's legal blood-alcohol content for drivers may actually get their wish this legislative session.

Lawmakers and opponents of the proposed 0.08 limit are beginning to recognize that the change seems inevitable.

"This may be the session where something happens," said Assembly Judiciary Chairman Bernie Anderson, D-Sparks.

On Tuesday, supporters of the measure told the committee that reducing the state's blood alcohol limit from 0.10 to 0.08 would save lives and money.

National studies estimate 400 to 600 lives would be saved nationwide if each state enacted 0.08 legislation. Alcohol plays a role in roughly 30 percent of Nevada's fatal accidents.

"With the passage of this legislation there's no doubt we will save lives," the bill's sponsor, Assemblyman Mark Manendo, D-Las Vegas, said.

In 1998 Congress encouraged states to reduce the blood alcohol limit by offering $500 million in grants proportional to each state's population.

Nevada stands to gain about $900,000 this year if the measure is enacted by Sept. 30.

Congress subsequently passed a law saying states that do not lower their rate to 0.08 will lose federal highway funds beginning in 2004.

Initially Nevada would lose $2.8 million. That number would increase to $5.6 million, $8.5 million and $11.3 million by 2007.

"We're being pressured now," Assemblyman Don Gustavson, R-Reno, said.

Gustavson, a former sponsor of 0.08 legislation and a supporter of the concept, said he is tired of the federal government forcing states' hands when it comes to speed limits, helmet laws and now DUI limits. Gustavson has sponsored a bill this session to repeal the state's motorcycle helmet law for adults.

Kevin Quint of the Nevada Substance Abuse Prevention Council urged the lawmakers to pass the legislation this year.

"This will send the strong statement that Nevada is not tolerant of DUI," Quint said.

Laurel Stadler, representing the state's only Mothers Against Drunk Driving chapter, also said the time is right to act now.

"We have the opportunity to focus on saving lives in 2001 rather than worry about losing money in 2003," said Stadler, of the Lyon County MADD chapter.

States that have already enacted 0.08 limits reported significant decreases in alcohol-related deaths, according to the National Highway Traffic Safety Administration.

Deaths fell 17.4 percent in Utah, 14.5 percent in California and 14.5 percent in Oregon after those states instituted the 0.08 limit.

Nevada's alcohol fatality rate increased 14 percent during the 1990s. Nationally, DUI death fell 40 percent from 1980 to 2000.

But John Carpenter, R-Elko, said he did not know how dropping the rate to 0.08 will matter if an amount of property damage or specific injuries are not tied to the legislation.

"I'm not convinced that 0.08 does anything unless there was something else," Carpenter said.

Stadler said she thought having a 0.08 rate will make it easier to win convictions in cases in which drivers had a 0.10 blood alcohol content.

Northern Nevada resident Annie Holmes testified about her son's death in 1996 after his vehicle was struck by an impaired driver whose blood-alcohol content was slightly below the 0.10 mark.

"I can promise you it does not always happen to the other person," she said.