State Toxicologist Testifies Majority of People Intoxicated at .08
22 March 1999
State Toxicologist Testifies Majority of People Intoxicated at .08 Health and Safety Experts, Victims Urge General Assembly to Pass
.08 DWI Law in '99
ANNAPOLIS, Md., March 19 -- Medical and law enforcement
experts, safety advocates and victims of drunk driving crashes lined up to
testify for legislation that would lower the "driving while intoxicated" limit
from .10 blood alcohol content (BAC) to .08 in Maryland.
"How can we be satisfied if the equivalent of the horrific rail crash that
just occurred in Illinois happens 20 times in Maryland every year," said
Delegate Bill Bronrott, D-District 16, Bethesda and co-sponsor of HB 699.
"Twenty-three deaths and 1,300 injuries could be prevented each year in
Maryland if .08 is passed."
In testimony requested by the House Judiciary Committee this year, Barry
Levine, MD, a state toxicologist told lawmakers that the overwhelming majority
of people are intoxicated at .08. "Driving is a multi-tasking function," said
Dr. Levine. "Drivers simultaneously need to be aware of pedestrians, traffic
lights, road construction, among other possible distractions. Those safe
driving skills are typically gone at .08 BAC."
Testifying from R Adams Cowley Shock Trauma Center, Carl Soderstrom, MD,
said that it takes a lot of alcohol to reach .08. "To reach .08 an average
size man has to drink four beers in an hour -- or more if food is eaten," said
Dr. Soderstrom. "That's not social drinking -- that's guzzling." Dr.
Soderstrom cited National Institute on Alcohol Abuse and Alcoholism (NIAAA)
guidelines stating that men who drink more than four drinks per occasion and
women who drink more than three drinks per occasion are at risk for alcohol-
related problems, including alcoholism.
Bill sponsors, including Delegate Dereck Davis, District 25, D-Prince
George's County, said, "This bill is about setting limits and saving lives.
You wouldn't put a loaded gun in someone's hand and tell him/her to shoot it.
That's what people are doing when they drink and get behind the wheel of a
car. A drunken driver behind the wheel of a car is a deadly combination."
Speaking to alcohol industry representatives testifying in opposition to
.08, bill sponsor Sharon Grosfeld, Delegate, District 18, D- Montgomery
County, said, "We know that every witness in opposition to this bill admitted
that they wouldn't get into a vehicle with a driver at .08. So why they are
opposed to passing this law is irrational, inconsistent and illogical."
MADD and other members of the .08 Coalition strongly oppose an alternative
.08 proposal, HB 1010, sponsored by Delegate Dana Dembrow, D-District 20,
Montgomery County.
The Dembrow bill would make .08 a per se DWI violation, but it would
weaken the penalties. Currently, the .10 DWI law in Maryland provides for up
to one year in jail, a $1,000 fine and 12 points. HB 699, the Grosfeld/Davis
bill would apply the same penalties to .08, however, the Dembrow Bill would
lower the DWI penalties to up to only 60 days in jail, $500 fine and 8 points.
"Clearly, the Dembrow alternative does not meet the intent of the Federal
law and we would not be eligible for the additional Federal funds," said Wendy
Hamilton, MADD Maryland's public policy liaison. "The Dembrow Bill would
treat .08 as 'drunk driving lite.'"
In 1998, Congress enacted a $500 Million Federal incentive grant program,
providing substantial funding for highway safety programs if the state adopts
a .08 law.
HB 699 complies with Federal regulations and therefore Maryland would
receive nearly $3 million for highway safety initiatives if it passes .08 this
year.
A letter was submitted during testimony today from the National Highway
Traffic Safety Administration (NHTSA), stating that the Dembrow bill does not
meet the Federal Regulations for the incentive funding.
Testimony also was heard from Montgomery County State's Attorney Doug
Gansler, who is in favor of lowering the DWI charge to .08, while maintaining
current law of .07 for driving under the influence (DUI).
The Judiciary Committee is the second legislative committee body to hear
proposed .08 legislation. Senate Bill 255 was heard on February 3, but the
Senate Judicial Proceedings Committee has yet to vote on the measure.
According to Grosfeld a vote by the Judiciary Committee could be as early as
Friday, March 19.
