State to get tougher on drunken drivers

Provisions make 0.08 Breathalyzer a stickler, toughen laws on underage drinking, keg sales

Motorists charged with drunken driving would have a harder time avoiding convictions. Impaired drivers who kill someone would face stiffer penalties. And party hosts would need permits to rent beer kegs.

The legislature gave final approval Wednesday to major changes in the state's DWI laws with the goal of making it more likely that drunken driving charges will stick.

At their core, the revisions seek:

* To have prosecutors and judges around the state handle drunken driving charges the same way. For drivers, it would mean that those who blow .08 in a Breathalyzer test would most consistently be found guilty of DWI.

* To toughen the law against underage drinking by making it illegal for those younger than 21 to drink an alcoholic beverage. Now it is illegal for those younger than 21 to possess it.

* Create a system to trace purchasers of kegs of beer so they can be held liable if someone arrested for DWI afterward causes harm or damage.

"I believe it will save lives," said Rep. Joe Hackney, an Orange County Democrat and one of the bill's authors.

Of the 656 deaths on North Carolina highways so far this year, 97 were in alcohol-related incidents, according to the state Highway Patrol

Final passage came with a unanimous vote in House and a 47-1 vote in the Senate. The bill now goes to Gov. Mike Easley, who is likely to sign it. Many of the changes came out of the work of a DWI task force set up by Easley.

The measures reinforce state law on drunken driving so judges cannot ignore results of tests that show alcohol levels of .08 or above in deciding DWI cases.

Some judges acquit drivers with test results showing alcohol levels were at .08 or above. The revision says that a .08 is enough to prove drivers are impaired.

Defendants would still be able to say that the results are inadmissible or offer evidence that contradicts the results.

"When someone has a .08 on a blood test, the legislature really means it to be the law, and it should be a conviction," said Ike Avery, state council chairman of Mothers Against Drunk Driving.

Avery, a member of the task force, said the changes were the most complete revision of DWI laws in more than 20 years.

Some question device

Raleigh defense attorney John Fanney, who specializes in DWI cases, said the legislation will change the way lawyers go about defending clients whose blood alcohol level is near the .08 level. With so much weight placed on a machine reading, lawyers are going to have to challenge its accuracy, he said.

"There are things about the device that are troublesome," Fanney said.

Fanney predicted that more DWI cases will go before juries because judges will be less inclined to consider other evidence that may help defendants. He said external factors such as existing medical conditions can effect breath-test results.

"There are a lot of people out there who are not impaired," Fanney said. "You can't just look at the machine and the machine says you're guilty."

Under other provisions, prosecutors would be able to bring charges of habitual drunken driving, a felony, against drivers who have three previous DWI convictions within 10 years. Currently, the three convictions must have been within seven years.

New felonies would go on the books for causing a serious injury or a death while driving while impaired.

Prosecutors would have to write down why DWI charges were reduced or dismissed and send the information to the Administrative Office of the Courts.

3 months of records

The legislation takes a variety of approaches to combat underage drinking.

Besides specifying that underage drinking is illegal, it would also require people to obtain permits to buy kegs.

Store owners selling the kegs would have to keep sales records for at least three months. The permit system would allow police investigating accidents involving alcohol back to the person who brought the keg and then hold them liable.

Larry Trollinger, owner of Ken's Quickie Mart in Chapel Hill, has been selling kegs for 36 years.

Trollinger said requiring a paper trail for each keg purchase would likely hurt keg sales. But he said the provision is unlikely to alter the behavior of college students.

"What it does change is what you drink," he said. He predicted people will likely purchase more beer in cans and bottles if they're concerned about liability.