Padden optimistic about DUI bills but knows time to act is short

padden_pqRather than count votes, as he typically might when trying to move a bill through the lawmaking process, Sen. Mike Padden is counting days – as in how much time is left for the passage of bipartisan legislation aimed at reducing the number of repeat DUI offenders.

“The calendar is a challenge, seeing how after today there are just nine days left in the session,” said Padden, R-Spokane Valley, who led a joint legislative-committee hearing this morning on two bills he’s introduced: Senate Bill 5902 and Senate Bill 5912.

Having the Senate Law and Justice Committee and the House Public Safety Committee meet together to hear testimony was a time-saving move, Padden said. He thinks it’s possible for the committees to move one or both measures forward early next week, to be followed by full Senate and House votes.

Still, given how the two chambers have yet to reach agreement on three separate budgets and must resolve their differences concerning a raft of other bills, Padden knows the Legislature may cut it close on passing what he says is sure to be the most comprehensive DUI legislation in his 16 years as a state lawmaker.

“Many votes will have to be taken this next week, and that’s in addition to the budgets and the bills that go along with them. I’d rather not see the Legislature wait until the final day to act on a DUI bill. However, if it takes until April 28 to reach an agreement, that’s preferable to the alternative – which is no progress at all this year,” Padden said.

SB 5912, unveiled Tuesday, is the product of work by Padden and other senators, House members and the governor; an identical bill, HB 2030, was introduced in the House.

SB 5902 is a Senate-only measure, introduced by Padden and co-sponsored by his Democratic counterpart on the law and justice committee.

The two measures have this in common:

  • Courts would be prohibited from deferring DUI sentences.
  • Prior DUI offenses would always be counted in the “offender score” used to determine a jail or prison sentence.
  • When a DUI involves driving against the flow of traffic, that aspect could be considered as an aggravating circumstance at the time of sentencing.
  • A statewide 24/7 sobriety program would be created, beginning Jan. 1, 2015; funded by fees paid by participants, it could include twice-per-day testing, drug-patch testing, urinalysis testing, electronic monitoring devices, electronic alcohol-monitoring device testing, or ignition-interlock devices.

Only SB 5912 would, in addition:

  • Increase minimum sentences for DUI and being in physical control (PC) of a vehicle while under the influence;
  • Prohibit DUI and PC offenders from purchasing alcohol for 10 years; and
  • Carry an enhanced penalty if the DUI incident includes eluding law enforcement.

Padden’s Senate-only bill carries its own unique and stronger provisions, such as:

  • After July 1, 2015 a fourth DUI offense would be a felony (the fifth DUI is a felony under state law now), which adds to the penalty and punishment.
  • It would be an infraction for a driver to refuse a breath or blood test but a gross misdemeanor to refuse a breath or blood test on a second or subsequent occasion.
  • Authorization for random interlock inspections.
  • A repeat drunk driver who should have an ignition interlock on his or her vehicle already but does not may have to forfeit the vehicle.

“Usually it’s an uphill battle to strengthen DUI laws; in this case the outrage that followed recent high-profile traffic fatalities in King County led to a change in the political climate and bipartisan interest in addressing this issue,” Padden said.

“It’s late in the session to be moving new legislation through, but the public interest is there.”