DUI/DWI News

Lowey Offers Drunk Driving Amendment To Transpo Bill

WASHINGTON – Congresswoman Nita M. Lowey (D-Westchester/Rockland) announced today an amendment to H.R. 3550, The Transportation Equity Act:  A Legacy for Users (TEA-LU), to punish drunk drivers with blood alcohol contents (BAC) of .15 and higher.

“Keeping our roadways safe must be a priority in the transportation bill,” said Lowey.  “This amendment will help end a dangerous and deadly threat on our streets – higher-risk drunk drivers.  Drunk driving is never safe.  Congress must act to put the breaks on those who drink excessive amounts and get behind the wheel.”

The amendment would establish a national minimum standard for higher risk drunk drivers, or those with BACs at or above .15.  It would expand existing minimum standards for drunk driving repeat offenders, established under section 164 of the transportation authorization bill, to cover these higher risk drivers. A portion of federal highway funds would be diverted to highway safety initiatives for states that fail to enact the minimum penalties, which include:

• LICENSE SUSPENSION for at least 1 year or a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges if an ignition interlock device is installed;
• VEHICLE IMPOUNDMENT or immobilization of each of the individual’s motor vehicles or the installation of an ignition interlock system on each vehicle;
• TREATMENT, as appropriate following an assessment of the individual’s degree of abuse of alcohol; and
• COMMUNITY SERVICE/IMPRISONMENT consisting of 30 or more days of community service or 5 or more days of imprisonment for a second offense and, for third and subsequent offenses, 60 or more days of community service or 10 or more days of imprisonment.

Nationally, 58 percent of the alcohol-related traffic fatalities in 2000 involved drivers with a blood alcohol content of .15 percent and above.  These drivers are over 300 times more likely to be involved in a fatal alcohol-related crash.  Additionally, 87% of high BAC drivers have no alcohol convictions during the previous three years, often making them exempt from repeat offender penalties. 

Lowey was the author of legislation enacted in 2000 to establish .08 as the national legal BAC level.  She has also introduced legislation to strengthen penalties for repeat offenders and higher risk drunk drivers. Lowey was named “Legislator of the Year” by Mothers Against Drunk Driving (MADD) for her efforts and success in fighting drunk driving.

MADD has endorsed Lowey's amendment, which was submitted to the House Rules Committee this morning.  The committee is expected to determine which amendments will be considered by the full House later today.

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	Did You Know?
	Implied Consent is a factor in DUI for some states Delaware has an "implied consent" law. That means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree of impairment. Failure to take the test carries a penalty of loss of license and/or driving privileges for a period of one year for a 1st offense, 18 months for a 2nd offense and 24 months for the 3rd subsequent offense, in addition to the penalties for DUI.