SACRAMENTO—A bi-partisan blood alcohol content testing measure, authored by Senator Jeff Denham (R-Merced) and co-authored by Senator Tom Torlakson (D-Antioch) and Assemblyman Dave Jones (D-Sacramento), was held in the Assembly Appropriations Committee last week. Committee members rejected an attempt by Vice-Chairwoman Sharon Runner (R- Lancaster) to force a vote on Senate Bill 176. The liberal members of the committee voted against sending the bill to the Assembly Floor, and instead placed SB 176 on the “Suspense File,” a parliamentary trick often used to defeat a bill without actually having to vote on it.


“This anti-drunk driving legislation has gotten through policy committees in each house TWICE, and passed through the Senate without a single “no” vote TWICE, said Denham. “Yet, the majority members of the Assembly Appropriations Committee continue to do the bidding of the A.C.L.U., the Trial Lawyers and their clients.”


SB 176 would require that drivers at-fault in an accident where a fatality has occurred have their Blood Alcohol Concentration (BAC) level tested at the discretion of the commanding officer on the scene.



“This bill would have helped determine whether someone was driving under the influence when a fatality occurred and would have allowed for proper punishment of more drunk drivers,” Denham continued. “More importantly, this law would have gotten additional drunk drivers off the road and help save the lives of innocent citizens who are too often victims of these criminals.”


The majority members of the Assembly Appropriations Committee have established a pattern of defeating other tough anti-drunk driving measures, including Assembly Bill 4 by Assemblyman Russ Bogh (R-Beaumont), which would have permanently revoked the drivers' license of a person convicted of driving under the influence (DUI) three times. AB 4 was also opposed by the A.C.L.U. and the Trial Lawyers.


SB 176 was supported by Mothers Against Drunk Driving (MADD), Democrat Attorney General Bill Lockyer, California State Sheriffs’ Association, Crime Victims United, California Association of Highway Patrolmen, California Police Chiefs’ Association, Responsible Citizens Inc., National Transportation Safety Board and California District Attorneys Association. Denham also carried SB 1429 last session, which was an identical measure authored at the request of Yvonne McMurray, whose husband was killed in a vehicle accident.
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