[Congressional Record Volume 141, Number 18 (Monday, January 30, 1995)]
[Extensions of Remarks]
[Page E211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E211]]
                      DRUNK DRIVING PREVENTION ACT

                                 ______


                         HON. BILL K. BREWSTER

                              of oklahoma

                    in the house of representatives

                        Monday, January 30, 1995
  Mr. BREWSTER. Mr. Speaker, the last decade has witnessed great 
strides in the battle against drunk driving. The facts speak for 
themselves: Alcohol-related traffic fatalities in 1993 were 21 percent 
below the 1990 level. The original drunk driving target for the year 
2000 set by the Federal Government was met and exceeded by 19 percent 
in 1992, and the number of teenage drunk drivers involved in fatal 
accidents in down 62 percent since 1982.
  The reduction in drunk driving is due to an effective comprehensive 
approach combining sound laws, strict enforcement, even-handed 
adjudication, education, and treatment. To continue to address the 
problem and prevent the abuse of beverage alcohol products we must 
continue a two-pronged effort that ensures strict and consistent law 
enforcement for those who break the law and education concerning the 
responsible consumption of beverage alcohol products.
  While recognizing that there is certainly still much to be done, the 
Distilled Spirits Council of the United States [DISCUS], a leader in 
the beverage alcohol industry and a proponent of responsible 
initiatives to combat drunk driving, has developed a model State law, 
the Drunk Driving Prevention Act. The strong provisions contained in 
this model State legislation will deter and penalize those who drive 
while under the influence. DISCUS is to be commended for its exemplary 
effort to build a working partnership at the Federal, State and local 
community levels in an effort to enact passage of this measure. The 
Drunk Driving Prevention Act will help ensure that progress continues 
in the fight to stop alcohol-related fatalities on our Nation's 
highways.
  The following is a synopsis of the act's provisions:
  Alcohol and drug education for drivers: Every first-time applicant 
for a driver's license would complete a mandatory course of instruction 
that provides alcohol and drug education concerning the effects of 
consumption of beverage alcohol products; the use of illegal, 
prescription and nonprescription drugs; the ability to operate a motor 
vehicle, and the financial and legal consequences of driving while 
under the influence. The driver's license test would also include 
written questions on these issues.
  Open container: Drivers and passengers would be prohibited from 
carrying or possessing any beverage alcohol product in the passenger 
area, except in the original container with the seal unbroken. 
Partially filled containers must be stored in the trunk or lacking a 
trunk, in the compartment area least accessible to the driver. This 
provision does not apply to passengers in chartered buses, taxis, 
limousines for hire, or motor vehicles with a contract driver.
  Administrative license revocation: Administrative license revocation 
for drivers who refuse to submit to the State's implied consent 
chemical testing, or who are arrested for the violation of the State's 
driving while under the influence law prior to court appearance. This 
provides for the arresting officer to physically take possession of the 
offender's driver's license and issue a temporary license with a notice 
of revocation. The driver would then have 15 days to request a hearing. 
If no hearing was requested, immediate revocation would take effect. 
Upon the expiration of the revocation period, the party would be 
eligible to apply for another driver's license upon payment of all 
applicable fees. It would be unlawful for the individual to drive while 
his/her license is revoked and for any person to knowingly permit his/
her motor vehicle to be driven by an individual with a revoked license.
  Tough laws against underage drinking: Administrative license 
revocation penalties for minors who drive with any measurable and 
detectable alcohol concentration, or who illegally purchase or possess 
beverage alcohol products. A minor may not enter premises licensed for 
the retail sale of beverage alcohol for the purpose of purchasing, 
being served, or having delivered to him/her any beverage alcohol 
product. A minor may not consume beverage alcohol on premises licensed 
for the retail sale of beverage alcohol, may not purchase, attempt to 
purchase, or have another purchase for him/her any beverage alcohol 
product, and may not misrepresent or misstate his/her age, or the age 
of any person, for the purpose of purchasing or having served or 
delivered to him/her any beverage alcohol product.
  Mandatory alcohol and drug testing of drivers involved in fatal motor 
vehicle accidents: Chemical testing is required of every driver 
involved in an accident resulting in loss of human life where there 
exists probable cause to believe that the driver is guilty of violating 
the State's driving while under the influence law. It would also 
require the establishment and maintenance of a database of the number 
of fatal motor vehicle accidents that are alcohol-related with the 
percentage of alcohol concentration involved, and/or drug-related 
involvement and list the class of drugs so found and their amount.
  Mr. Speaker, there are no easy answers or quick remedies to drunk 
driving. What is evident, however, is this country would greatly 
benefit from a cooperative partnership between the U.S. Government, the 
beverage alcohol industry, and the American public. Let us set aside 
any differences in our quest for a common goal. We must recognize 
personal responsibility as the first step toward the ultimate end to 
drunk driving. Drunk driving is everyone's problem, the solution must 
be as well.


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