SENATE BILL REPORT

SB 6657

BYSenator Pullen

Defining the crime of driving while affected by intoxicating liquor.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 2, 1988

Senate Staff:Dick Armstrong (786-7460)

AS OF JANUARY 30, 1988

BACKGROUND:

Existing law provides that a person is guilty of DWI if they operate a motor vehicle (1) under the influence of intoxicating liquor or drug or (2) if the person has 0.10 grams or more of alcohol per 210 liters of breath or 0.10 percent or more by weight of alcohol in the person's blood.  The latter category is referred to as the per se law, since the prosecution does not have to prove intoxication but only that the person's blood or breath content was equal to or greater than the 0.10 level.

Many persons cannot safely operate a vehicle at blood or breath levels under the 0.10 level.  However, because of the 0.10 per se level, it is difficult for the prosecution to prove intoxication if the person has a blood or breath level at 0.08 or 0.09.

It is suggested that a new crime should be established for driving with a breath or blood level of 0.08 to under 0.10.

SUMMARY:

A person is guilty of the crime of driving while affected by intoxicating liquor or drugs if the person has at least 0.08 but less than 0.10 percent or more by weight of alcohol in the person's blood or at least 0.08 but less than 0.10 grams or more of alcohol per 210 liters of breath. 

The crime is a misdemeanor and the punishment is a fine of not more than $50. A person may not be punished by imprisonment. 

A person with a breath or blood level of 0.10 or greater may not be charged with a violation of this crime.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested