Wednesday, March 29, 2000
Senate beefs up Ky.'s DUI laws
Bill seeks lower alcohol limit
BY BRUCE SCHREINER
The Associated Press
FRANKFORT — The Kentucky Senate voted unanimously Tuesday to lower the legal alcohol limit for motorists, nearly culminating a campaign for tougher drunken-driving laws since the horrific 1988 bus crash in Carrollton.
Some senators somberly remembered the 27 victims of the fiery crash, caused by a drunken driver who drove his pickup truck the wrong way on an interstate highway and slammed into a church bus.
“By passing this piece of legislation today, we are doing the right thing,” said Sen. Elizabeth Tori, R-Radcliff. “I believe that anyone who drinks and drives is a potential killer, and is in charge of a 3,000-pound weapon.”
The sweeping legislation passed 38-0. The bill returns to the House for consideration of minor Senate changes.
Among those watching from the Senate gallery was Janey Fair of Radcliff, whose 14-year-old daughter, Shannon, died in the Carrollton crash.
Shannon and many other youngsters were in the church bus that was returning home to Radcliff after an outing to Kings Island amusement park. It collided with a pickup being driven by Larry Mahoney. He was released from prison in September after serving 91/2 years for assault, manslaughter, wanton endangerment and drunken driving.
Since the crash, Ms. Fair has spent the past decade trying to persuade state legislators to strengthen DUI laws.
“That's the only thing that kept me going, because I've been back every session and every special session for 10 years,” she said.
Ms. Fair, an activist with Mothers Against Drunk Driving, predicted the legislation would make Kentucky highways safer. “I think people are going to be surprised at how many lives it will save,” she said.
The bill's main feature would lower the blood-alcohol level at which drivers are presumed intoxicated to 0.08, down from 0.10.
A similar proposal cleared the House two years ago but stalled when key Democratic leaders blocked a vote by the full Senate.
Ms. Fair said the new Republican Senate leadership, and a public campaign against drinking and driving, helped pave the way to Senate passage this time.
The bill has many other features aimed at keeping drunks off the highways. It would impose harsher punishment on repeat DUI offenders. Judges would have the option of seizing the license plates of repeat offenders or having ignition-locking devices put in their vehicles.
The bill also would ban open alcoholic beverage containers in the passenger compartment. A violation would carry a fine of $35 to $100.
Federal officials are prodding states to enact both provisions. States that fail to comply would have millions in federal highway construction funds shifted to highway safety programs. And by lowering the blood-
alcohol level, the state would be eligible for millions in federal highway incentive funds.
Sen. Dan Seum called it “federal blackmail.” Mr. Seum also raised concerns long expressed by the restaurant industry about lowering the legal alcohol limit.
“This legislation will definitely create, in my opinion, thousands upon thousands of new criminals that we do not have today,” the Louisville Re publican said. “This is criminalizing a whole new segment of society.”
The bill also would impose tougher punishment on the most serious DUI offenders. The bill would create mandatory jail time, exempt from probation, for “aggravating circumstances” that heighten public risk.
Those circumstances include: driving in the wrong direction on an interstate or parkway, going at least 30 mph over the speed limit, having a blood-alcohol level of 0.18 or higher, refusing the breath test and traveling with a youngster in the same vehicle. Also under the bill, first-time DUI offenders could have their licenses revoked for 30 to 120 days. For a second offense, the revocation could last from 12 to 18 months, and for third-time offenders it could be 24 to 36 months.
Ms. Fair said MADD's next campaign would be to inform Kentuckians about the anti-drunken driving legislation, provided it becomes law.
“The law is not good unless the public knows what it is so they can obey it,” she said.
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