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Senate passes bill to bolster DUI fight

Tue, Feb. 27, 2007 | Associated Press

FRANKFORT, Ky. - A bill aimed at bolstering the fight against drivers impaired by alcohol or drugs won easy approval from the Kentucky Senate on Tuesday.

The measure would make it easier to convict people who are caught driving with illegal drugs in their system. It also would lower the blood-alcohol level needed for prosecutors to seek harsher penalties against drunken drivers.

The proposal cleared the Senate on a 29-1 vote and goes to the House.

"It's one of the most important pieces of legislation that's going to come out of here this session," Sen. Ray Jones, the bill's sponsor, said afterward.

The bill would create a presumption of guilt if motorists are found with illegal drugs in their system. Currently, prosecutors must prove the drivers were impaired.

Jones, D-Pikeville, said the bill reflects a trend in which a growing number of impaired drivers are under the influence of drugs.

"It's a growing epidemic," he said.

Jones said if someone is found with illegal drugs in their pockets, they're charged with felonies. But prosecutors are having difficulty convicting people who have those illicit drugs in their system, he said.

The bill would apply to illegal and prescription drugs. Motorists found using proper dosages of prescription drugs would have a legal defense.

Another main part of the bill would lower the blood-alcohol level that could lead to enhanced drunken-driving penalties. The amount would be lowered to 0.15 from 0.18.

That's among several so-called aggravators that can result in tougher DUI penalties. Other aggravators include driving with young children in the vehicle or driving the wrong way on a highway.

Jones said the state could lose some federal highway safety funds unless it imposes the tougher standard for enhanced penalties.

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The legislation is Senate Bill 67.

Article courtesy of http://www.kentucky.com/.

 


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