State Lawmakers Strengthen Drunk Driving Laws

by Michael Ferreter

Des Moines, Iowa (Feb. 23, 1997)--Key lawmakers have predicted passage of an omnibus drunken driving bill that would, among other things, increase penalties for vehicular homicide.

Sen. Andy McKean, R-Anamosa, said this week that several operating while intoxicated (OWI) bills introduced in the Iowa Legislature likely would be combined into a single bill.

"A number of different bills have been put forth," said McKean, chairman of the Senate Judiciary Committee. "We'll probably have an omnibus bill on larger issues."

McKean and Jeff Lamberti, R-Ankeny, chair of the House Judiciary Committee, said despite emphasis on tax cuts in this session, the drunken driving bill was a big priority.

"We've seen a dramatic drop in the figures of drunken driving deaths in Iowa," McKean said. "We've made a very good start, but one drunken driving death in Iowa is too many. It's absolutely avoidable. The whole thrust is to indicate the consequences. It's a behavior that is not socially acceptable."

"The whole area of OWI is a high priority; it's very high," Lamberti said.

"We will definitely be coming forth will major legislation (this session)," McKean said.

"We will fight over specifics, but we will produce a comprehensive OWI package that will receive overwhelming (bipartisan) support," Lamberti predicted.

Lamberti said there hasn't been much resistance on this issue, which he called "not particularly controversial." Groups that might be expected to object, such as beer distributors or the Iowa Civil Liberties Union, have not expressed any concern, he said.

"I don't see any organized objection to this bill," Lamberti said.

House File 78 would increase penalties for vehicular homicide, moving some class D felonies to class C felonies and moving some aggravated misdemeanors to class D felonies. The bill was introduced by Rep. Steve Richardson, D-Indianola, but Lamberti said the bill is part of Gov. Terry Branstad's 12-point list of initiatives.

One advantage of the Republicans taking control of both chambers of the Legislature is that the two chairmen can divide the workload and assign certain topics to be heard in one house or the other, McKean said.

Because of that division of labor, a bill "may well come out of the House first," McKean said. "Both houses feel very strongly there needs to be legislation."

Lamberti and McKean declined to speculate on how the amendment process would affect the bill's status.

"Two years ago we had an OWI bill with no amendments," McKean said, noting that bill passed easily. "This is a bill with strong bipartisan support, but it's hard to know (about amendments) until we have the bill before us."

McKean said the omnibus bill may contain a provision for public service announcements and other educational parts.

"(Lamberti) and I would like to see a strong educational component," McKean said. He said he would like to see PSAs on television starring the attorney general or the governor directed at the general public.

One issue that may not be part of the final bill is a proposal to lower the state's legal intoxication level from .10 blood alcohol content to .08. McKean said that step was part of deliberations but didn't know if the subcommittee would take it up. Changing the blood alcohol content limit is not a priority, McKean said.

Those who drive with suspended licenses are another problem the bill should address, Lamberti said.

"The biggest problem is driving with the license under suspension. We'd like to change that," he said.

Lamberti said the need for stronger OWI laws evolves from when the drinking age was changed to 21. At that time, concessions were made to groups that opposed the change, including low fines for 19- and 20-year-olds charged with alcohol possession, he said.

A separate bill to remove the restitution cap for victims of drunken driving passed through the Senate earlier in the session. McKean said the Senate leadership felt that bill could stand on its own and didn't need to be part of a larger bill.

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