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Arizona House approves ignition locks for DUI offenders

Restaurant industry speaks out against bill

April 19, 2007 - 10:35PM

The question of whether convicted drunken drivers will have to install interlocks on their vehicles will depend on whether lawmakers believe the offenders are really criminals or if they have just made a mistake.

With only two dissenting votes, the House on Thursday approved legislation to require anyone found guilty of driving under the influence to drive only a vehicle equipped with an ignition interlock for the next 12 months. The device prevents a vehicle from starting unless it records a clean breath sample.

But several supporters said they actually were voting for another provision of SB 1029 which provides for longer jail terms for those with a blood-alcohol content (BAC) of at least 0.20, offenders already required to install ignition interlocks. They want a conference committee to strip out the added provision which mandates interlocks for any convicted drunken driver - someone with a BAC of at least 0.08.

"We need to look at the financial burden this may place on a first-time offender who is a working person trying to take care of a family,'' complained Rep. Chad Campbell, D-Phoenix.

And Rep. Pete Rios, D-Dudleyville, questioned whether such a blanket requirement is necessary. He said a good percentage of those who are arrested are so shamed they will never reoffend.

That parallels arguments presented by industry lobbyists like Don Isaacson of the Arizona Licensed Beverage Association, owners of bars and liquor stores. "If it's a first-time mistake, without other circumstances, it ought to be viewed as that."

But Glynn Birch, national president of Mothers Against Drunk Driving, was in Phoenix Thursday to push the legislation and she scoffed at that description.

He said studies show that those arrested for driving drunk are not really first-time offenders. It's only this is the first time they got caught.

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Birch also said a similar requirement in New Mexico, the only state that mandates interlocks for all drunken drivers, cut DUI-related fatalities by more than 11 percent.

Rep. David Schapira, D-Tempe, who crafted the interlock provision in Arizona, rejected the idea of drunken driving being an excusable mistake. "They're making a mistake that in many cases results in the death of someone."

Also in opposition is the Arizona Restaurant Association. Steve Chucri, the group's president, said the measure is just another move by the Legislature toward a new Prohibition.

He said the state has lowered the legal limit at which someone can be arrested. And lawmakers also have increased the penalties for violators.

"Alcohol in restaurants is a part of what we do and it's a legal part of what we do,'' Chucri said. "We want to make sure that we're still being able to provide a good experience for people without people being so fearful of having a glass of wine or two glasses of wine that they might be in jeopardy, that they're carrying around their own Breathalyzer with them.''

One point of contention is that the devices ensure more the legal sobriety: Schapira said the Motor Vehicle Division has these set so a car or truck will not start if the driver's BAC is 0.04 or higher, half the 0.08 legal limit.

Schapira said he doesn't see that as a problem. He said that it is not asking too much of someone who has been previously convicted of driving drunk, to have a BAC lower than the legal limit for a year after their conviction.

"I don't think it's asking too much to say that someone who has been driving drunk should not have a BAC of 0.03 for a year after their conviction,'' Schapira said.

He also pointed out that while state law presumes someone with a BAC of 0.08 is legally intoxicated, that doesn't mean someone who is less inebriated can drive: State law makes it illegal to drive under the influence of alcohol or drugs "if the person is impaired to the slightest degree.''

That law, however, also says someone with a BAC of less than 0.05 is presumed not to be under the influence of alcohol.

This information is courtesy of http://www.yumasun.com/

 

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