Lawmakers hear testimony on bill to strengthen DUI law

By Cy Ryan

Thursday, March 3, 2011 | 6:14 p.m.

CARSON CITY – A bill that would toughen a state law requiring drunken drivers to install an ignition interlock device ran into stiff opposition from a judge and public defenders during a Senate committee meeting Thursday.

Sen. Sheila Leslie, D-Reno, who introduced Senate Bill 166, testified that the ignition interlock devices are effective and she was backed by a number of groups fighting drunken driving.

“The interlock changes behavior and saves lives,” she told the Senate Transportation Committee.

A motorist would have to blow into the device for it to determine if there was alcohol present. If there was, the car wouldn’t start. Testimony indicated it costs $75 to install the device and the charge is $90 a month.

Jim Holmes of the Northern Nevada DUI Task Force said there have been 2,200 DUI-related fatalities in the past 15 years in Nevada. He said that figure could be reduced by passing the bill.

But John Tatro, a justice of the peace in Carson City, told the committee that judges need the ability to decide if a DUI offender should go to an evaluation and then counseling for a year rather than installing the ignition device.

“The judges want discretion,” he said.

Lisa Rasmussen of Nevada Attorneys For Criminal Justice said “treatment is better than punishment.” She said a judge handling the case of a first offender “ought to have judicial discretion.”

Tiera Jones of the Clark County Public Defender’s Office said a judge sees the case from the beginning and is in the best position to determine if an interlock device is needed.

She said it might take a year to find the defendant guilty and all of that time since his arrest, he or she hasn't been using the device.

The bill would lower from 0.18 to 0.15 the blood alcohol level for a mandatory interlock device to be installed. The bill takes the discretion away from judges, who now decide if an interlock device causes an economic hardship to the person, and whether it should prevent the person from traveling to work or shopping or taking children to school.

Sandy Heverly, executive director and a victim advocate for Stop DUI Nevada, said the technology has the ability to reduce drunken driving deaths and injuries.

“An ignition interlock device that allows DUI offenders to go about their daily activities and at the same time provide some semblance of safety for the rest of the public,” she said.

The committee didn't take any action on the bill.