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The Honolulu Advertiser
Posted on: Monday, February 9, 2004

EDITORIAL
Drugged-driving bill wants zero tolerance

A promising bill approved by a Senate committee last week would establish zero tolerance for anyone operating a vehicle with any illegal drug in his or her system.

Notice the bill doesn't say "under the influence." Existing law requires police and prosecutors to show that the drug has impaired the arrested driver's ability to operate a vehicle in a careful and prudent manner. No longer.

Just as it now is illegal for anyone under the age of 21 to drive with any measurable amount of alcohol in his or her system, or anyone 21 and over to drive with more than 0.08 percent blood alcohol content, the new law makes it illegal to drive with any measurable amount of illegal drugs in a person's blood or urine.

Lawmakers say that eight other states have adopted some form of "per se" or "zero tolerance" law with respect to illegal drugs to improve traffic safety.

The new law "attempts to remedy the inequality of dealing with alcohol and other drugs" by making the drug limit "a measurable amount" of an illegal drug, and by making the penalties for this offense the same as a drunk-driving offense.

The law already mandates "implied consent" of a driver to submit to breath, blood or urine testing when the arresting officer has "probable cause."

A possible difficulty under this bill is that it doesn't appear to provide for the illegal use of legal drugs — that is, illegally obtained or abused prescription drugs.

That possible drawback aside, this bill appears likely to make our roads a lot safer.

Three other worthy bills passed by the Senate Transportation, Military Affairs and Governmental Operations Committee would:

  • Crack down on illegal tinting of car windows by increasing penalties for infractions by drivers and glass-tinting establishments. The law is designed to protect pedestrians and police officers making traffic stops. If you can't see the driver of a car through the windshield or front side windows, the tinting is probably illegal.
  • Raise the age for those required to use child seats or booster seats to those under 7 years. Present law covers 4 and under.
  • Require bicycle riders under the age of 18 to wear helmets. Those under age 16 are now covered.