The Register-Herald, Beckley, West Virginia

November 26, 2007

Manchin looking at interlocks, DUI law

Mannix Porterfield

CHARLESTON — An aggravated drunken driving crime that raises punishment in proportion to the blood alcohol content, and mandatory interlocks for first-time offenders are being examined by Gov. Joe Manchin’s staff.

Neither idea of Mothers Against Drunk Driving has made it through the interims process, although both bills could be on December’s agenda.

Even so, Manchin gave MADD’s annual holiday campaign to keep inebriants off the highways a boost Monday at the Capitol.

“Drunk driving is one of West Virginia’s most frequently committed and deadliest crimes,” Manchin declared.

Last year, he pointed out, drunken drivers were blamed in 129 deaths and 2,600 nonfatal injuries on the highways.

MADD has been pitching for a reform of DUI statutes so that drivers with a BAC of at least .15 would be subjected to a higher penalty than those measured below that mark. A .08 reading is sufficient to charge a driver with DUI in current law, but there is no difference in penalties as the BAC climbs the scale.

Another goal is to impose interlocks on first-time offenders, devices that prevent an ignition from turning over if a driver breathes into them with a BAC too high for travel.

“We have our legal staff looking at everything we possibly can do,” Manchin said after the news briefing with MADD’s executive director, Donna Hawkins. “I will support anything I can to take drunk drivers off the highway.”

Until new legislation is enacted, Manchin called on West Virginians to display “tough love” and seize the keys of any drinking motorists visibly unfit to handle a motor vehicle.

“I don’t care how mad they get at you,” he said. “Grab the keys. Keep them out of the car. Sometimes that’s tough. I’ve been in situations where it was, ‘Oh, don’t worry. I’m fine. I’m fine.’ I’ve heard it all. Yeah, you’re fine. You could barely make it to the car, let alone drive. Sometimes, it’s tough love.”

Hawkins’ group passed out red ribbons to be attached to motor vehicles, or decals for windows, or, as in Manchin’s case, a red wristband to publicize the “Tie One On” holiday campaign. Manchin secured a ribbon around a microphone on his lectern where it will remain through New Year’s Day.

“Our mission is to stop this terrible crime, and prevent underage drinking,” said Hawkins, flanked by state troopers and sheriff’s deputies.

Hawkins introduced two women who lost family members to drunken motorists.

“The grim reality is there, that you or a member of your family, or someone you know, will likely be impacted by drunk driving at some point in your lifetime,” she said.

“We believe it is possible to have a nation without drunk driving. It can be a reality.”

State Police Superintendent David Lemmon said law enforcement agencies will make about 10,000 arrests for DUI this year, about the same as in 2006.

“I think we’re making headway,” the colonel said. “Enforcement and prosecution have improved.”

— E-mail:

mannix@register-herald.com