DUI bill clears Assembly hurdle

Erin Neff

Friday, March 7, 2003 | 11:28 a.m.

CARSON CITY -- A measure to lower the threshold of the driving under the influence law cleared an Assembly committee this morning, marking the seventh time the bill has been tried in the Legislature.

With the state facing the loss of federal money if the state doesn't pass the law this year, the Assembly Judiciary Committee voted to approve the bill that would move the legal blood alcohol limit from 0.10 to 0.08.

"We believe it's a lifesaving measure," bill sponsor Assemblyman Mark Manendo, D-Las Vegas, told the committee.

The committee heard from Mothers Against Drunk Driving, Stop DUI, Miller Brewing, the Nevada Resort Association, law enforcement and the Nevada Parent Teachers Association before voting.

Only Assemblyman John Carpenter, R-Elko, voted against the measure, in part because he wanted tougher provisions against drivers who might have blood alcohol concentrations of 0.07 or below and also because he wanted assurances that federal grant money would be used for treatment and not just enforcement.

It would also save Nevada money.

If the state -- one of just 16 without a 0.08 standard -- does not have the reduced level in effect by Sept. 30, it stands to lose $2.8 million in transportation funding in federal fiscal year 2004.

Penalties would rise as follows: $5.7 million in 2005; $8.5 million in 2006 and $11.4 million in 2007 and beyond.

Paul Snodgrass, regional director of the National Highway Safety Administration, told the committee Nevada will also be able to vie for the last of $500 million in grants that were made available when the 0.08 national standard was passed five years ago.

Nevada will probably get about $250,000 if the bill is enacted by July and enforced by the end of September.

Sandi Heverly, executive director of Stop DUI and a woman who has lost seven loved ones to drunk driving accidents, told the committee passage of the 0.08 standard will not "make criminals out of social drinkers."

She also said the measure will not impact tourism.

"I don't know anyone who bases their vacation destination on a blood alcohol concentration," Heverly said.

Roughly eight percent of DUI fatalities are a result of a driver who has a BAC of 0.08 or 0.09, according to the Nevada Office of Highway Safety. That's equivalent to about eight to 12 deaths a year in Nevada. Roughly one-third of all fatal crashes are linked to alcohol.

Manendo's bill, and an identical measure -- Assembly Bill 104 -- introduced by the Nevada Transportation Department, also apply to those operating boats. The committee chose to process Manendo's bill.

After passage from the Judiciary Committee this morning, Manendo's bill faces hearings in Ways and Means to determine what fiscal impact enforcement of the .08 standard will have on Nevada law enforcement.

Manendo has championed the 0.08 proposal for several sessions and picked March 7 and the number 7 for his Assembly bill that would reduce the limit this session.

"Hopefully it will bring us some luck," Manendo said.