BAC bills die again, but working group urged

For the fifth consecutive year, bills were introduced in the state Legislature to reduce the blood-alcohol content threshold for a drunken driving charge from 0.08% to 0.05%.

And for the fifth consecutive year, none of those measures made it through the Legislature to the desk of the governor — who had two of those bills introduced on his behalf and has expressed an eagerness to sign such legislation into law.

In response, two resolutions, Senate Resolution 151 and Senate Concurrent Resolution 181 were introduced by Sen. Chris Lee — a Windward Oahu Democrat and chairman of the Committee on Transportation and Culture and the Arts — urging the state Department of Transportation to establish a working group on lowering the BAC to 0.05%.

One of the resolutions, SR 151, passed the Senate. Resolutions don’t carry the force of law, but its passage means the working group will be seriously considered.

If convened, the working group would consist, at a minimum, of Transportation Director Ed Sniffen or his representative, and representatives from the Office of the Public Defender and the four county prosecutors’ offices.

Others invited to attend would be representatives of the National Transportation Safety Board, the Hawaii Alcohol Policy Alliance, a traffic safety researcher with expertise on alcohol-impaired driving, a representative of an organization working to reduce alcohol-related traffic fatalities, and representatives of Hawaii’s restaurants and establishments selling alcohol.

Gov. Josh Green’s office submitted written testimony strongly supporting the establishment of the working group. Green has said in the past that those who oppose legislation to lower the BAC threshold deserve “a place in hell.” An emergency room physician on the Big Island for two-plus decades, Green said he’s treated patients injured by drunken drivers, as well as intoxicated drivers who insisted they weren’t drunk.

“The Office of the Governor believes lowering the BAC in Hawaii will force a change in attitudes and behavior towards drinking and driving,” the testimony states. “The governor has treated victims of accidents caused by drunk driving and understands the impact that these tragedies have on victims and their families. Decreasing the BAC limit to 0.05% for the state could prevent crashes, injuries and deaths, creating safer communities for everyone.”

Two of the bills that failed this session, Senate Bill 1403 and House Bill 1084, were companion measures and part of Green’s legislative package.

“I’ve been introducing some version of this bill since I was in the House, for sure,” Lee told the Tribune-Herald on Friday. “… The issue itself has clear merits for discussion. Throughout most of the rest of the world outside the United States, 0.05% is the standard. The United States is kind of the outlier with a higher threshold.

“In a lot of these places with lower thresholds, the data clearly speaks to increased safety on the road, fewer fatalities and fewer injuries from crashes. And largely that’s attributed to people just spending a little more time sobering up before getting into a car or thinking twice before having that one last drink before taking off.”

Currently, Utah is the only state that’s adopted a 0.05% threshold. In all 49 other states, the threshold is 0.08%.

Lee said there is unwarranted “fear in the United States” about lowered sales revenue in bars and restaurants if the BAC threshold is lowered.

“In reality, even Paris — which is the city of wine and alcohol — they operate in a manner in which drinking is a huge part of the culture, much more so than it is here,” Lee said, noting the French capital’s 0.05% threshold. “In those places with lower thresholds, business sales of alcohol actually increase, because people will plan ahead, so you’ll go in with a group with a designated driver. And everybody who is not that person tends to order more freely because they know that they’re covered getting home safely.

“And for a lot of those other folks who are just stopping by to get a meal and a drink, they’ll tend to stay longer before getting back in the car to make sure they’re sober to drive. And they’ll end up ordering more food at the same time.”

Additional testimony in favor of the working group was submitted by the state Department of Transportation, Hawaii Substance Abuse Coalition, Hawaii Alcohol Policy Alliance, Mothers Against Drunk Driving Hawaii and one individual.

The Office of the Public Defender was added to the prospective panel after submitting testimony requesting an amendment to include them in the working group.

“Our office is uniquely positioned to opine and provide information on (DUI) cases in the criminal system and the details of how cases are charged, prosecuted and defended throughout the state,” the OPD’s testimony read. “Including a member from our office will ensure transparency and provide the Legislature with more comprehensive feedback and information than merely seeking input from prosecutorial agencies within the criminal legal system.”

Three individuals submitted testimony in opposition to the working group and the lowering of the BAC.

Email John Burnett at jburnett@hawaiitribune-herald.com.