Thursday, February 05, 2009
Senator Jones' DUI Bill Passes Senate.
FRANKFORT - Senator Ray S. Jones' bill that strengthens Kentucky's DUI (Driving Under the Influence) laws was approved today by the State Senate .
With this bill, Senator Jones continues his fight to curb the rising drug problem in Eastern Kentucky into a third legislative session.
Senate Bill 5 would establish a per se DUI offense for driving with a detectable level of an illegal substance or a controlled substance for which the person does not have a valid prescription. However, if the person has a valid prescription and has complied with the dosage and any drug-related restrictions, the proposed amendment would not apply.
"The number of arrests for driving under the influence of a controlled substance are rapidly increasing, and may soon surpass alcohol-related DUIs," said Senator Jones, who filed the same bill during the 2007 and 2008 legislative sessions. Both bills passed the Senate, but failed to pass the House of Representatives.
Senate Bill 5 would also reduce the alcohol concentration from 0.18 to 0.15 for establishing an aggravating circumstance which allows for imposition of increased penalties for driving under the influence. This provision is needed to prevent Kentucky from losing federal highway funds.
According to the National Transportation Safety Administration, drugs other than alcohol are involved in nearly one out of every five motor vehicle driver deaths. Alcohol is involved in more than one out of every three.
"These statistics cannot be ignored because this is not just a Kentucky problem. This is a national problem," said Senator Jones, who serves on the Senate Judiciary Committee. "To aid in getting drugged drivers off the highways, we need to make sure our law enforcement officers have at their disposal every available tool to use for the protection of the citizens of Kentucky."
This legislation, which has been long sought after by the Kentucky County Attorney’s Association, is aimed at getting drugged drivers off the highways and into the court system where they will be ordered to receive the treatment they need for their addiction.
"Currently, our DUI laws make it illegal to drive with any drug, including prescription medications, in your system that impairs the ability to operate a motor vehicle," said Senator Jones. "Unfortunately, this law, as it is currently written, is very difficult to enforce, and as a result, many drugged drivers are able to avoid prosecution. If we can get drugged drivers off our highways, and into treatment programs, we can take a big step in the right direction."
Senator Jones said this proposed legislation would close the loophole, which allows drugged drivers to avoid conviction. Under current law, there is a per se DUI offense for driving with a blood alcohol level greater than .08, but there is no per se or quantitative standards for impairment levels for a controlled substance.
The Kentucky County Attorneys Association, Inc. (KCAA) has endorsed Senator Jones' drugged driving bill for the past two years and is expected to take similar action this year. For his dedication to such legislation as the drugged driving bill, KCAA awarded Senator Jones the first-ever Legislative Excellence Award in 2007.
Senate Bill 5 now moves to the State Senate Floor for a vote. If Senate Bill 5 gains approval in the State Senate, it will move to the House of Representatives for further consideration.
With this bill, Senator Jones continues his fight to curb the rising drug problem in Eastern Kentucky into a third legislative session.
Senate Bill 5 would establish a per se DUI offense for driving with a detectable level of an illegal substance or a controlled substance for which the person does not have a valid prescription. However, if the person has a valid prescription and has complied with the dosage and any drug-related restrictions, the proposed amendment would not apply.
"The number of arrests for driving under the influence of a controlled substance are rapidly increasing, and may soon surpass alcohol-related DUIs," said Senator Jones, who filed the same bill during the 2007 and 2008 legislative sessions. Both bills passed the Senate, but failed to pass the House of Representatives.
Senate Bill 5 would also reduce the alcohol concentration from 0.18 to 0.15 for establishing an aggravating circumstance which allows for imposition of increased penalties for driving under the influence. This provision is needed to prevent Kentucky from losing federal highway funds.
According to the National Transportation Safety Administration, drugs other than alcohol are involved in nearly one out of every five motor vehicle driver deaths. Alcohol is involved in more than one out of every three.
"These statistics cannot be ignored because this is not just a Kentucky problem. This is a national problem," said Senator Jones, who serves on the Senate Judiciary Committee. "To aid in getting drugged drivers off the highways, we need to make sure our law enforcement officers have at their disposal every available tool to use for the protection of the citizens of Kentucky."
This legislation, which has been long sought after by the Kentucky County Attorney’s Association, is aimed at getting drugged drivers off the highways and into the court system where they will be ordered to receive the treatment they need for their addiction.
"Currently, our DUI laws make it illegal to drive with any drug, including prescription medications, in your system that impairs the ability to operate a motor vehicle," said Senator Jones. "Unfortunately, this law, as it is currently written, is very difficult to enforce, and as a result, many drugged drivers are able to avoid prosecution. If we can get drugged drivers off our highways, and into treatment programs, we can take a big step in the right direction."
Senator Jones said this proposed legislation would close the loophole, which allows drugged drivers to avoid conviction. Under current law, there is a per se DUI offense for driving with a blood alcohol level greater than .08, but there is no per se or quantitative standards for impairment levels for a controlled substance.
The Kentucky County Attorneys Association, Inc. (KCAA) has endorsed Senator Jones' drugged driving bill for the past two years and is expected to take similar action this year. For his dedication to such legislation as the drugged driving bill, KCAA awarded Senator Jones the first-ever Legislative Excellence Award in 2007.
Senate Bill 5 now moves to the State Senate Floor for a vote. If Senate Bill 5 gains approval in the State Senate, it will move to the House of Representatives for further consideration.
# posted by Joe Kinzer @ 4:32 PM 
