Draft bill proposes tougher penalties for DUI conviction
By Gordon Y.K. Pang
Advertiser Capitol Bureau
Those found guilty of having twice the legal limit for driving under the influence of alcohol would face stiffer penalties under a draft bill proposed by state Attorney General Mark Bennett.
Motorists who continue to drive after getting their licenses revoked or suspended as a condition of a DUI conviction would also be subjected to harsher punishment.
Bennett said the plan is still in the draft stages. He will work to gain support of county prosecutors, Mothers Against Drunk Driving and others before he takes a bill to the Legislature in January.
The law defines driving under the influence of alcohol as anyone convicted of having a blood-alcohol level of .08 or higher.
The thrust of the proposal is to slap harsher sentences on those most reckless in their disregard for DUI laws. Rarely, under existing law, is someone convicted of DUI sentenced to incarceration, Bennett said, although technically a judge can sentence a DUI offender to between three and 30 days in jail for a first offense.
"It is an undisputed fact that while driving .08 is dangerous to yourself and others, as your blood alcohol level rises, the amount of danger rises and it is our belief that the current DUI law is not a sufficient deterrent," Bennett said.
The draft proposal would:
- Make it a class C felony for anyone convicted of driving under the influence of alcohol with a blood-alcohol level of .20 or more. It would carry a minimum fine of 60 days in jail and a license revocation of one to five years.
- Keep it a petty misdemeanor but require a 30-day mandatory jail sentence for those convicted of DUI with a blood-alcohol level of .16 or greater but less than .20. License suspension or revocation prohibitions, which depend on how many previous offenses have occurred, would remain the same.
- Make it a felony to be convicted of operating a vehicle while under a DUI-related order revoking a driver's license. Bennett also wants to toughen penalties for those who continue to drive despite having their licenses suspended for a DUI-related offense.
Deputy Attorney General Kurt Spohn said that the proposed tougher penalties against those continuing to drive despite being ordered not to is a significant move. The law is predicated entirely on the defendants keeping their word not to drive, he said.
Some in the legal community worry that increasing the penalties would lead to an onslaught of jury trials that would jam the court system. But Bennett said that won't happen by leaving the .16-.20 level a petty misdemeanor, for which jury trials are not mandatory.
Jim Fulton, a spokesman for the city Prosecutor's Office, said the agency favors stiffer penalties for those who blatantly abuse DUI laws but wants to see details of the bill before backing it. Carol McNamee, an official with Mothers Against Drunk Driving, said her organization also would support stiffer legislation although it favors vehicle sanctions as a deterrent.
Public Defender Jack Tonaki said he opposes jail time for DUI convictions on a philosophical level. "I don't think you solve anything by doing that," he said, noting that he would prefer treatment to incarceration.
Senate Transportation Chairman Cal Kawamoto, D-18th (Waipahu, Crestview, Pearl City), said he favors Bennett's proposal wholeheartedly. Not enough is being done to address DUI issues, he said.
Bennett said his office has been working on the legislation for months and that the two traffic deaths caused by a DUI-related accident on Ala Moana Boulevard last weekend is not influencing the work under way "although what happened over the weekend illustrates the tragedy that drunk driving causes."
Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or 525-8070.
