Senate will consider legislation to strengthen state’s DUI laws
By Senator Diane Black

The death of a loved one is very difficult under any circumstances.  However, it is especially heartbreaking when it occurs due to being the victim of the senseless act of drunk driving.  There were 1,287 fatalities on Tennessee roads at last report in 2006, with 509 due to alcohol-related crashes, a 7.6 percent increase from the previous year.  Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims being in alcohol-related crashes.  This is unacceptable.  

Our Senate Judiciary Committee, which I am a member, heard testimony this week on legislation that would require ignition interlock devices for DUI offenders.  The Committee will also take up a full calendar of other bills with other approaches, all of which aim to cut down on the number crashes at the hands of drunk drivers.  The  National Transportation Safety Board (NTSB) has urged states to pass a more uniform and mandatory system for installation of interlock devices to immobilize the vehicle of a drunk driver upon detection of alcohol in their body.  The ignition interlock bill we heard this week, SB 108, is one of several measures before us addressing this problem. 

We heard compelling testimony on the bill from Jefferson County General Sessions Judge Ben Strand who reported that ignition interlocks are significantly underused across the state.  Ignition interlocks act like a breathalyzer that can prevent a vehicle from starting if it detects alcohol. The driver blows into a breath analyzing machine, and if they pass the test they can start the vehicle.  Technology is advancing on these devices, and some newer models even include snapping a picture of the person starting the car to make sure an intoxicated driver does not use “a friend” to start the vehicle.

Strand, who regularly requires the device for those with a .15 blood alcohol content level (BAC) or greater, said it would not be unusual to see 50 DUI cases on “a Wednesday afternoon”  in his court.  He estimated the average BAC level in his court at around .15.  He also estimated about 75 percent of those convicted of DUI “are going to drive anyway.”  Strand said installing the devices would minimize that chance.

Ignition interlocks are paid for by the offenders, unless they are indigent.  In those cases, government must fund the average $1,349 per year costs for the devices if the judge mandates the interlock.

NTSB has also urged states to adopt legislation to strengthen penalties for the worst or “extreme drunk drivers” by lowering the threshold used to measure the crime from .20 to .15.  Tennessee is out of step with the rest of the nation in our penalties for the worst drunk drivers.  Only 6 states, including Tennessee, have extreme drunk driving at .20, a level when the driver can lose consciousness.  Most states start imposing extreme drunk driving penalties at the .15 level.   According to Mothers Against Drunk Driving (MADD), 58 percent of alcohol-related fatalities in vehicles involve drivers with a .15 BAC or greater.

In addition, NTSB endorses proposals to enhance license confiscation, vehicle impoundment, zero tolerance or lowering BAC levels for repeat offenders, a ban on open containers, and enactment of an automatic license revocation program (ALR).   The governor has included funds in the budget this year for automatic revocation in Tennessee.  The NTSB claims ALR is a major factor proven to reduce alcohol-related car crashes.  They say that without ALR, the offender can get back on the road as soon as they are sober enough to drive.

We know we face an uphill battle on DUI reform with limited funds this year.  Our Judiciary Committee must find the most efficient and effective use of our limited resources to make the greatest impact on reducing the number of drunk drivers on our roads.  We cannot forget, however, that reform of our drunk driving laws should be a state safety  priority and that we must attack this tragic problem.

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