| When STOP DUI Executive
Director Sandy Heverly began her quest to lower the legal blood-alcohol
level in Nevada 12 years ago, less than a half-dozen states
had limits below 0.10. Just a half-dozen
states have legal limits above 0.08, and when the clock struck
12:01 a.m. today, Nevada no longer was among those 0.10 holdouts.
In a state where booze flows freely at casinos
-- and otherwise plays a major role in not only the image
of the city but also in the success of its booming restaurant,
tavern and tourist industries -- Heverly's efforts to make
Nevada the 40th state to lower the legal blood-alcohol limit
to 0.08 was no easy task.
"We've come a long way to earn this victory,"
Heverly said Monday. "But it is a bittersweet victory
when you think about all of the people who lost lives that
could have been saved if this law were passed in 1991."
But today "is a new day for Nevada to save
lives," she said.
The state's tougher drunken driving law was
passed by the 2003 Legislature. While many laws signed by
the governor went into effect on July 1 and Oct. 1, the lower
blood-alcohol level law coincides with a federal deadline.
Nevada faced pressure from the federal government
to tighten its DUI law by Sept. 30 or lose 2 percent of its
road construction money. That would have meant a loss of $2.8
million this fiscal year. Also, the penalty would have been
raised every year so that by 2007 it would have cost the state
$11.4 million.
That threat was a big reason why Stop DUI's
seventh time before the Nevada Legislature -- via Assembly
Bill 7 -- was lucky No. 7.
"It is fair to say in some of the earlier
sessions the special interests were out in force, but not
so much the last couple of sessions," said Assemblyman
Mark Manendo, D-Las Vegas, author of the failed DUI lower
limit bills in 1997, 1999 and 2001 and the successful bill
this year.
"They (potential opponents) saw that change
was coming. In the last two sessions, we had the support of
gaming, which we appreciated."
Manendo, who has friends who were seriously
injured by drunken drivers, said, "It's not a case of
tourists driving here and killing locals -- it has been for
the most part Nevadans getting drunk and and driving and killing
tourists and other Nevadans. Many tourists who come here use
cabs and buses. This (drunken driving) is our problem that
we needed to address."
Because most of the rest of the nation already
is at 0.08, tourism officials do not expect the lowering of
the limit as having a negative impact on the local tourist-based
economy.
"For the California tourists who drive
here, 0.08 is burned into their psyche," said Erika Yowell,
spokeswoman for the Las Vegas Convention and Visitors Authority.
"So many other people who come here from
other states already are accustomed to the lower limit. Because
of that, I really don't think there will be an impact on them."
Nevada this year joins North Dakota, Wisconsin,
Michigan, New York, Louisiana and South Carolina in lowering
the legal limit from 0.10 to 0.08. The only states remaining
at 0.10 are Colorado, Minnesota, West Virginia, Pennsylvania,
New Jersey and Delaware.
Las Vegas lawyer James Watkins said those six
states were right to keep the higher limit.
Watkins, who primarily handles DUI cases, said
the lower limit makes criminals out of responsible drinkers
who pose no danger on the road. He testified against the law
during the last legislative session, saying officials were
"going overboard" by lowering the limit.
The new law does not distinguish between a driver's
blood-alcohol level and level of impairment, he pointed out.
People who support the new law have long argued that a 0.08
blood-alcohol level equals impairment, but Watkins called
that argument "bogus."
He said he suspects his office will be flooded
with drivers who were arrested because their blood-alcohol
levels were above 0.08, even though they were not impaired.
"The law has nothing to do with impairment
and it should," he said. "We're now going to be
required to arrest unimpaired drivers for DUI. We're going
to be going after innocent people."
Sheriff Bill Young said the law will mean "more
people will be going to jail (for DUI), at least initially."
Young said he is "urging everyone to reduce
their amounts of social drinking because under the new rules,
officers are likely to be conducting field sobriety tests
more often when they pull people over or when they respond
to traffic accidents."
On Monday, Stop DUI conducted a news conference
to promote the new law at, of all places, a bar. The irony
is that barkeepers and others long opposed the lower limit
saying that there is little scientific evidence that lowering
the limit will save lives but that it definitely will reduce
bar revenues.
"It is a small sacrifice to make things
safer for everyone," said Dee Ann DeForest, spokeswoman
for Bahama Breeze on Hughes Center Drive, site of Monday's
news conference.
DeForest, noting she had a friend who was killed
by a drunken driver, said Darden Restaurants, parent company
of Bahama Breeze, has for several years had anti-drunkenness
policies that include limiting drinks served as well as offering
free rides home for inebriated patrons.
Heverly and Manendo said the new law is not
an issue of temperance, but rather an issue of responsibility.
They produced charts that showed it takes an awful lot of
booze to get someone above 0.08, let alone 0.10.
"A couple can go out to dinner and order
a bottle of wine and consume the entire bottle during the
meal and not come close to the new legal limit," Manendo
said. "The female perhaps will reach the half-way mark."
Blood-alcohol levels are affected by both consumption
and weight of the drinker. Because males tend to be larger
than females, they can typically consume more liquor system
before getting legally drunk.
For example, a 165-pound man can drink either
four 12-ounce beers, four five-ounce glasses of wine or four
one-and-a-half-ounce shots of hard liquor in an hour and record
a 0.07 level, Heverly said. A 120-pound female can drink about
three and a half of those same beverages in that same time
period and remain under the new limit, she said.
Heverly warns, however, that it takes the body
about an hour and a half to rid itself of the alcohol from
one drink.
Paul Snodgrass of the National Highway Traffic
Safety Administration, who testified before the Nevada Legislature
in support of lowering the legal limit, said California has
seen a 12 percent reduction in DUI-related deaths since the
early 1990s while nationally the average drop is about 8 percent.
While it remains unknown whether the new law
will save as many lives in Nevada, local police and prosecutors
say they welcome the opportunity to become busier prosecuting
those who drive drunk.
Police will be better able "to fight this
insidious crime that occurs in Las Vegas," Capt. Rick
Bilyeu of the Metro Police Transportation Safety Bureau said,
noting that in Metro's jurisdiction 128 people died in traffic
accidents last year, one-third in DUI accidents.
Bilyeu said to date this year 85 people have
died in traffic accidents, with more than one third being
DUIs. He noted through the first six months of this year 1,104
people have been charged with Driving Under the Influence.
At DUI checkpoints over the Labor Day weekend,
police, including Bilyeu, said they were surprised to find
that an additional 47 drivers would have been arrested and
the new alcohol limit of 0.08 been in effect.
At those two checkpoints, police tested 86 drivers
for drunken driving and arrested 21. They found, however,
that 47 others were found to have a blood-alcohol content
in the 0.08 to 0.099 range.
Deputy District Attorney Gary Booker, who prosecutes
high-profile felony DUIs, said the old law was "ridiculous"
noting that when reaching 0.10 a person is "medically
anesthesized."
His office prosecutes about 4,500 misdemeanor
DUIs a year and more than 1,200 felony DUIs and other related
felony offenses each year.
The Nevada Office of Traffic Safety said 381
highway deaths were recorded in 2002 with 213 of them in Clark
County. Statewide, 138 of those deaths were alcohol-related
The alcohol-related deaths on state highways totaled 138 last
year with 83 of those in Clark County.
John Moulden, president of the National Commission
Against Drunk Driving, said each year DUI offenses cost Nevadans
$500 million including about $22 million in additional insurance
premiums.
He said the new law could eventually save motorists
18 percent in insurance costs.
"We expect all 50 states soon (will reduce
the limit to 0.08)," Moulden said. "It is a reasonable
limit."
For the families of victims, such as Jerry Vesely
and Elizabeth Mutuc, they hope the lower limit will save other
families from the heartaches they've endured.
"We need to get tough and stay tough on
offenders," said Vesely, who now lives in Utah but was
a Las Vegas resident when his 11-year-old daughter Cody was
killed by a drunken driver in February 1997.
"What price do you put on a human life?"
he asked.
Elizabeth Mutuc, whose 22-year-old daughter
Danielliz Mutuc, was killed by a convicted drunken driver
last November, is supportive of the new limit but is skeptical
of whether drunken drivers will get the message.
"I hope by lowering the limit it will educate
people," she said. "I believe it will help, but
how much, I don't know."
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