DUI measure heads for passage

Erin Neff

Wednesday, May 28, 2003 | 9:31 a.m.

CARSON CITY -- Nevada is one step closer to joining at least 34 other states that have reduced the legal alcohol limit for drivers.

The Assembly on Tuesday, by a 33-9 vote, approved Assembly Bill 7, which reduces the blood alcohol content for proving DUI to 0.08 from 0.10.

The bill, which is exempt from the usual deadlines, was expected to pass the Senate today.

"It's a life-saving measure," said Assemblyman Mark Manendo, D-Las Vegas, the sponsor of AB7.

It's also a money-saving measure, since the federal government has threatened to pull $28.4 million in highway funding if Nevada does not adopt the lower limit by Sept. 30.

Staunch opponents argued against the change, saying that the state needed to stand up for its right to make its own decisions.

Assemblyman Don Gustavson, R-Sun Valley, said Nevada has been forced to accept seat belt and helmet laws under the threat of lost federal money.

"The federal government is asking us once again, 'What is your price?' " Gustavson asked. "How much can your sovereignty or freedom be bought for?"

Assemblywoman Chris Giunchigliani, D-Las Vegas, successfully sought an amendment specifying that Nevada's 0.08 law will be repealed if the federal government ever lifts its mandate.

She said she thinks 0.08 captures social drinkers and not problem drinkers.

"I don't think our attempt should be to cast a net so wide that we pull other people into it," Giunchigliani said.

Assemblyman Bernie Anderson, D-Sparks, said the federal mandate should not be the sole reason people vote on the measure.

"This is the right thing to do," Anderson said.

Those who voted against AB7 were: Bob Beers, R-Las Vegas; John Carpenter, R-Elko; Tom Collins, D-North Las Vegas; Giunchigliani; Pete Goicoechea, R-Eureka; Gustavson; Lynn Hettrick, R-Gardnerville; Ron Knecht, R-Carson City; and John Marvel, R-Battle Mountain.

Senate Judiciary Chairman Mark Amodei, R-Carson City, planned to hold a brief committee hearing "behind the bar" of the Senate during the floor session this morning to pass the measure out of his committee and bring it immediately to the floor for a vote.

Since all rules have been suspended in each house, the three days that were once required for the first, second and third reading of a bill are no longer practiced.