Lower DUI limit not likely to affect caseload

Erica D. Johnson

Monday, July 7, 2003 | 11:08 a.m.

Prosecutors say a new law lowering Nevada's legal drinking limit might make people think twice about driving drunk, but they say the law probably won't affect their already busy caseload.

Assembly Bill 7, which lowered Nevada's legal blood alcohol level from 0.10 to 0.08, was considered a victory for law enforcement officials and activists who had fought for the change for nearly a decade.

But prosecutor Bruce Nelson said he doubts the new law, which goes into effect Sept. 23, will increase the number of DUI cases handled by Clark County's Vehicular Crimes Unit.

"The overwhelming majority of the defendants we see are far over 0.08," he said. "The state average is a 0.18."

Still, Nelson hopes the law will prevent some people from taking to Las Vegas Valley roadways drunk.

"I think the primary effect will be educational," he said. "Hopefully it will encourage people to have one less drink before they drive."

The final approval of the bill came during a busy time for the Vehicular Crimes Unit, which has about 600 DUI felony cases pending.

About 500 of those cases are third-time felony DUI offenses, Nelson said.

And the unit constantly adds new cases to that heavy caseload, he said. A grand jury last week indicted Jose Bernabe-Rios on DUI and felony reckless driving charges in the January collision that killed his passenger, Casey Baranek, 24.

Donna Byrd was also indicted on two counts of felony DUI causing death or substantial bodily harm in the Christmas Day accident that injured Krystal Green, 19.

Nelson said he doesn't expect the pace to slow down anytime soon.

"It's a fairly busy time," he said. "It's summer vacation and it's also getting close to holidays."

Nevada Highway Patrol spokesman Angie Wolff said she doesn't expect the new law to cause a drop in fatal accidents.

"The amount of DUI fatals probably are not going to be affected by the law," she said.

But the law will make it easier to ensure convictions on DUI charges, she said. With the 0.10 limit, drivers with 0.08 blood alcohol levels normally had DUI charges reduced to reckless driving.

"Now when we arrest people on a 0.08, we know we'll get a DUI conviction," she said.

Sandy Heverly, executive director of Stop DUI, said while each DUI case has its own tragic circumstances, some commonalities exist among most defendants.

"Each one of these people had no respect for the law or for human life," she said. "They have all caused so much grief and sorrow and destruction that was avoidable."

Prior DUI convictions are also common among DUI offenders, she said.

George Andrew Robinson, who early last week pleaded guilty to three counts of felony DUI in the March collision that killed Joseph Haslem, 49, and his wife, Juanita, 48, had seven prior DUI felony convictions in Utah.

Robinson, 52, faces a 60-year prison term when he is sentenced before District Judge Donald Mosley on Aug. 14.

Byrd was arrested on DUI charges days before the accident near Cheyenne and Simmons that fractured Green's ankle, and Byrd was arrested again on another DUI charge three weeks later, said prosecutor Gary Booker, who presented the case to the grand jury.

Byrd also has other DUI convictions that date as far back as 1989, he said.

In Nevada a DUI charge is considered a felony if it causes death or substantial harm or if it is the third offense within seven years.

Heverly fought unsuccessfully for a law that would make any DUI offense following a felony conviction a felony, regardless of whether the charges were obtained in a seven-year period. That bill died in the Assembly.

"Once you get out of prison, you shouldn't be able to start all over," she said. "You shouldn't be given another three chances to kill or injure someone. My gosh, what does it take?"

In the Rios case, authorities allege that Rios was driving his Honda up to 74 mph on Silverado Ranch Boulevard near La Cienega Road when he lost control of the vehicle and struck a pole and a palm tree.

His blood alcohol level was 0.20 when he was tested after the collision, Booker said.

Booker said a Metro officer noticed the speeding vehicle, but the collision occurred before the officer could pull the car over.

"The cop couldn't catch up to them fast enough," he said. "He saw the whole thing."

Robinson's collision occurred after Haslem pulled his Ford Thunderbird to a stop behind a tractor-trailer near a construction site on U.S. 95.

Robinson, who was driving his Ford Bronco about 55 miles per hour, rear-ended the couple's vehicle, causing their car to rear-end the tractor-trailer, Booker said.

Robinson's blood alcohol was about 0.27 when he was tested after the collision, Booker said.