By Stacey Axler
A bill which increases the penalties for drivers who are convicted repeat offenders of driving under the influence of drugs and/ or alcohol reached the House and the Senate in the Maryland General Assembly and received unanimous support from both chambers.
Delegate Geraldine Valentino-Smith sponsors the Impaired Driving- Repeat Offender- Penalties Bill, titled HB 0957 in the House.
“Delegate Valentino-Smith, as the lead sponsor of the bill, naturally sees it as having a positive effect on the societal scourge of drunk and drugged driving,” Legislative Director for Delegate Valentino- Smith Scott Schuette said.
The bill increases the penalties of driving under the influence from a maximum fine of $500 to $3,000 and/ or a maximum time of imprisonment from one year to three years.
The Impaired Driving- Repeat Offender- Penalties Bill also emphasizes the protection of minors; if a driver is caught under the influence with a minor in the vehicle, the penalties are increased to a maximum fine of up to $4,000 and maximum of four years imprisonment.
“By increasing the maximum allowable penalties for those repeatedly convicted of drunk driving, it removes the incentive for the experienced, previously convicted, drunk driver for refusing the breath alcohol content test, in hopes of being convicted of a lesser offense,” Schuette said. “This is important because of Maryland’s inordinately high BAC refusal rate, 31 percent according to 2013 Maryland State Police statistics, ranking it among the top 10 states for such refusals. Those who are repeatedly caught and convicted of these offenses will be kept off the roads longer, increasing the safety of our roads and highways.”
This bill stems from a report by The Department of State Police which, according to the Maryland General Assembly website, reports that in 2013, “1,111 people were arrested for suspicious of driving while so far impaired by drugs, a combination of drugs and/ or alcohol, or a controlled dangerous substance.”
Under current law, listed on the website of the Transportation Article “a person may not drive or attempt to drive any vehicle while: under the influence of alcohol or under the influence of alcohol per se, impaired by alcohol, so far impaired by any drugs, and/or drugs and alcohol that the person cannot drive safely, or impaired by a controlled dangerous substance.”
The bill will have minimal financial impact on state expenditures. According to the fiscal and policy notes of the bill, “a slight increase in funds might occur due to people being committed to state facilities for longer periods of time.”
The First Reading Judiciary of the bill occurred on Feb. 6, 2014. A Favorable with Amendments Report by Judiciary took place on March 13, 2014, and the reading passed favorable reports. On March 14, 2014, the Third Reading Passed in the House.
Floor votes were 136 in favor for the bill and zero against the bill in the House.
The Impaired Driving- Repeat Offender- Penalties Bill crossed over with the Senate Chamber and is sponsored by Senator Jennie Forehand.
Floor votes were 47 for the bill and zero against in the Senate.
The effective date of the Impaired Driving- Repeat Offender- Penalties Bill is Oct. 1, 2014.
“People getting stopped for drunk driving, at least ones who’ve been stopped before, know that if they refuse to take a Breathalyzer it is much more difficult to make a case against them,” aide to Senator Forehand Kathy Dunn said. “They usually get a lower charge of ‘driving while impaired’ with a lower penalty that never increases regardless of how many times you are charged. The point [of the bill] was to make the fines tougher for multiple driving while impaired charges.”