| July 01, 2003 |
| NEWSLETTER - MRA Works with Legislature on .08 BAC |
As the state of Michiganbumps up against the federal deadline to go to a .08 blood alcohol content (BAC) standard for drunk driving or face the loss of millions in federal transportation funding, bills to institute the new standard continue to move through the state Legislature.
From the beginning, the MRA has opposed adoption of legislation that reduces the impairment standard below .08, and supported a more serious offense for hard-core high BAC drivers. The legislation as currently written meets these concerns.
Currently, a person needs to register a .10 BAC in order to meet the threshold for drunk driving, but a violation for impaired driving already exists at .08 and .09. The bills lower the drunk driving threshold to .08 and subject violators to the possibility of jail time and a suspended license. Today, penalties for driving while impaired include only fines and license points.
From the start of the BAC debate, MRA staff and members met with Committee Chairman William Van Regenmorter, a long-time supporter of the hospitality industry, and conveyed our concerns that lowering the standard could unfairly target social drinkers - men and women who enjoy a drink or two with dinner and who do not represent a danger to other drivers on the road.
"Adopting the new .08 standard will save lives and ensure Michigandoesn't lose out on millions of dollars in federal highway funds," said Rep. Van Regenmorter. "The Michigan Restaurant Association was at the table from the beginning and did an excellent job of representing the interests of responsible restaurant and licensed beverage establishment operators. As a result, I am confident we have found the right balance for the people of Michigan."
While the Michigan Restaurant Association improved the original bills, we continue to question the need for the change to a .08 BAC standard. The federal mandate is little more than budgetary extortion, forcing states with higher BAC standards into submission with the threat of a steadily increasing loss of federal funds. In addition, we remain unconvinced that a lower per se BAC standard is necessary. While one U.S. Department of Transportation (USDOT) study shows that more than three-quarters of fatalities were caused by drivers at .10 or higher (with 62.3 percent of that group higher than .14), other USDOT studies have found that the average BAC among fatally-injured drunk drivers was .17, more than twice the proposed .08 BAC.
One significant change in the legislation was the removal of a proposal to create a new .05 impairment standard. Provisions supported by restaurateurs were also included. The legislation preserves flexibility, giving prosecutors ample discretion to press for suitable charges and punishments for each individual violator, whether the person is a first-time violator who is a hair above .08 or a repeat offender who insists on breaking the law. And most importantly to Michigan's licensed alcohol beverage establishments, the bills create a true "high BAC" crime standard of .15 with stiff penalties for violators. In our view, this is the single most significant change that is proposed in the legislation and will do the most to increase awareness, reduce drunk driving, and eliminate drunken driving deaths.
It seems clear the Michigan Legislature will adopt a .08 BAC standard to comply with federal requirements to continue receiving federal transportation funds.
On June 12, House Bills 4247 and 4248, introduced by Van Regenmorter, unanimously passed the Michigan House. Not wasting any time, the Senate Judiciary Committee began hearings on the bills even before they had passed the House. On Tuesday, June 17, after a second hearing, the committee then passed the bills and sent them to the full Senate.
At press time, the state Senate was still considering the legislation and potential changes. |
