Legislature OKs Stiffer Drunk Driver Penalties : Lawmakers Admit Failure of Earlier Punitive Measures to Keep Problem Drinkers Out of Cars

The Legislature, which had hoped to get the attention of drinking drivers five years ago by passing punitive measures designed to scare them away from the wheel, now is admitting it failed.

“We’re losing the battle. So I think we are going to keep adding to the penalties until we see some impact on the problem,” said Sen. Bill Lockyer (D-Hayward), chairman of the Senate Judiciary Committee and author of legislation lengthening probation periods for drunk drivers. The bill was passed by both houses and sent to Gov. George Deukmejian this week.

Another legislator, Assemblyman Byron D. Sher (D-Palo Alto), said of the first round of tough drunk driving legislation passed in 1981:

“Those bills worked in the beginning, but obviously they haven’t solved the problem. We have fines, we have license suspensions, but we are dealing with problem drinkers, and they are driving anyway.

“Even though they might have spent two days in jail, they get right back behind the wheel. We’ve got to find new tools to combat the problem.”

A common characteristic of the new bills being passed by the Legislature and sent to the governor, as the lawmakers this week rush toward adjournment of their two-year session, is that they presume that problem drinkers are ignoring present laws calling for jail sentences, license suspensions and other punitive measures.

Deukmejian, who has signed most drunk-driving measures sent to him, has not publicly taken a position on this year’s crop of bills. But legislators pushing them said they anticipate his support.

Sher is sponsoring legislation that would give judges the authority in limited cases to sell a convicted drunk driver’s car at auction. It would only apply to already convicted drunk drivers who get involved in subsequent drug or alcohol-related accidents that result in serious bodily injury. The court could not order the sale of cars that are jointly owned or are the only source of transportation available to other family members.

“It is like taking a gun away from a person who has been convicted of armed robbery or killing someone. In the hands of a persistent drunk driver, the car is a deadly weapon,” he said.

Sher’s bill has been passed by the Assembly and Senate and is awaiting the governor’s decision on whether to sign it into law.

Another lawmaker, Assemblyman Sam Farr (D-Carmel), is the author of a bill that would require some convicted drunk drivers to pass a sobriety test before they could start their cars.

Final Round

Under the Farr bill, awaiting a final round of votes in the Senate and Assembly, a pilot project would be established in four counties, likely to include Los Angeles, giving judges the authority to require drivers convicted of second offenses to install ignition-lock devices that would allow a car to start only if the motorist passed a Breathalizer test.

Farr said the legislation would not be necessary if convicted drivers did not drive while intoxicated. But he pointed out that they do.

“It’s a condition of probation that convicted drunk drivers don’t drink and drive, but they do it every day. Judges asked for the bill because they need more tools,” the lawmaker said.

Other bills passed in recent days would increase fines for drunk driving, lengthen terms of probation for offending drivers, impose first-ever drunk-driving sanctions on operators of boats, give law enforcement authorities new tools to use in prosecuting drunk drivers under the age of 18 and toughen manslaughter penalties.

Lawmakers said they are prompted by statistics showing that drunk driving is still the No. 1 killer on California highways, accounting for nearly a third of all deaths resulting from motor vehicle accidents.

Repeat Offenders

The laws passed in 1981 made California’s drunk-driving laws among the toughest in the nation. They called for mandatory jail sentences for repeat offenders and increased fines, restricted plea bargaining and provided for treatment programs, jail sentences or restricted driving privileges for first-time offenders.

After the laws went into effect in 1982, there was a dramatic drop in the number of deaths caused by drunk drivers--from 1,965 in 1981 to 1,705 in 1982. There was a further decline in 1983. But, in 1984, the number of deaths jumped back up to 1,873. Last year, the number went back down again, with 1,738 fatalities reported.

California Highway Patrol Commissioner James E. Smith said: “We’ve seen a leveling off. Statistically, there hasn’t been much change.”

Smith warned against expecting too much from tougher laws.

“In my opinion, we won’t have a tremendous impact on the problem until society as a whole reaches the point where it refuses to accept drunk driving. It has to be a self-policing type of thing. The Legislature, the courts, law enforcement can only do so much,” he said.

One bill voted final legislative passage this week and sent to the governor recognizes that teen-agers often drink and drive despite the law establishing 21 as the legal drinking age.

Prosecute Youths

Authored by Assemblywoman Lucy Killea (D-San Diego), the measure would make it easier for law enforcement authorities to prosecute youths under 18 who are caught driving under the influence. It would be an infraction for minors to drive with a blood-alcohol concentration of 0.05%, half the .10% level of adults. Violators would be required to participate in an alcohol education program.

Also sent to the governor this week was a bill by Assemblywoman Jean M. Duffy (D-Citrus Heights) that would add two years to the maximum sentence of a drunk driver found guilty of manslaughter involving gross negligence.

Lockyer is the author of a bill further increasing the penalties for people convicted of driving under the influence of drugs and alcohol. Currently, the maximum term of probation for a convicted drunk driver is three years. The bill would make that the minimum and allow for probation of up to five years. It would also increase the length of time that would define a repeat offender from five to seven years.

Two bills by Sen. John Seymour (R-Anaheim) would add $50 to the fines imposed on drunk drivers and levy a $100 assessment on people convicted of the sale or possession of drugs. Current fines range from $390 to $1,000. The typical fine is about $700.

Raise Funds

The increased fines would raise an estimated $12 million annually for counties to use for alcohol and drug education programs in schools. Both Seymour bills were given final approval by the Senate Wednesday and sent to the governor.

“Ultimately, we won’t solve the problem until we educate our children about drug and alcohol abuse,” the senator said.

Final legislative approval was given Thursday to a bill, by Sen. Edward R. Royce (R-Anaheim), that would make drivers involved in accidents while under the influence of alcohol or drugs responsible for repaying up to $1,000 of the costs incurred by public agencies responding to the accident. Current law limits the maximum charge to $500.

DRUNK DRIVING Officials suggest that injury accidents involving drunk drivers decreased immediately after adoption of tougher laws, then started increasing again: NUMBER OF ACCIDENTS

Year Fatal Injury 1981 1,733 26,914 1982 1,501 25,651 1983 1,445 26,533 1984 1,634 27,359 1985 1,521 27,300

PEOPLE KILLED/HURT

Year Killed Injured 1981 1,965 43,236 1982 1,705 41,227 1983 1,673 42,497 1984 1,873 43,873 1985 1,738 43,889