Lautenberg/DeWine High Risk Drunk Driver Amendment Adopted By Senate

Date: May 17, 2005


Lautenberg/DeWine High Risk Drunk Driver Amendment Adopted By Senate

During consideration of the federal Highway bill today, the Senate adopted an amendment sponsored by United States Senator Frank R. Lautenberg (D-NJ) that would strengthen federals laws dealing with repeat and high risk drunk drivers. Ohio Republican Senator Mike DeWine joined Lautenberg in drafting the measure. The Lautenberg/Dewine amendment was accepted by the Senate and included as part of the Highway bill that later passed the Senate this afternoon.

Those considered "High Risk" drunk drivers include repeat offenders convicted of a second Driving Under the Influence (DUI) offense within 7 years, those convicted with a Blood Alcohol Content (BAC) of .15 percent or higher, and drivers convicted of driving on a suspended license as a result of a DUI/DWI. In addition, the measure also removes the "community service" loophole for repeat offenders.

"Our amendment doesn't affect the social drinker. It's aimed squarely at the high-risk drivers who are the core of the drunk driving problem," said Lautenberg. "This amendment will make a meaningful difference in the number of lives we save each year from the epidemic of drunk driving."

"Of the 42,643 people killed in all traffic accidents in 2003, 40 percent - well over one-third - were due to alcohol," stated Senator DeWine. "Sixty-nine percent of youths who died in alcohol-related traffic fatalities in the year 2000 died in accidents involving young drinking drivers. This amendment would work through law enforcement and the media to bring these numbers down."

"Chronic disregard for the laws that keep our highways and roadways safe from drunk driving is unacceptable," said Wendy J. Hamilton, MADD national president. MADD is encouraged by the Senate's inclusion of higher risk drivers in the SAFE-TEA highway bill. "We commend Senators Lautenberg and DeWine and members of the Senate Environment and Public Works Committee and their staffs who worked tirelessly to see that this language was a part of the final bill. As this bill goes to conference, MADD urges House conferees to include the Higher Risk Driver language as an important strategy to reduce death and injury on the nation's roadways."

The Lautenberg/DeWine amendment has the following penalties:

One-Year License Suspension - including a minimum 45-day hard suspension of all driving privileges plus alcohol ignition interlock installed for remainder of one-year period.

Vehicle Impoundment - vehicle driven at time of arrest must be impounded or immobilized for 45 days minimum, followed by installation of an ignition interlock device for up to remainder of a year if driver obtains provisional hardship license.

Mandatory Incarceration B 10 days imprisonment or 100 days electronic monitoring.

Mandatory Alcohol Abuse Assessment and Treatment B If diagnosed with a substance abuse problem by a certified State substance abuse official, must pay for and attend treatment program for first 12 consecutive months of probation period, meeting with case manager at least once a month.

http://dewine.senate.gov/

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