Item 3: Discuss and Approve Non-Unanimous IGR Positions

Home Browse Search

ATTACHMENT C IGR BILL REPORT April 1, 2009 CITY OF EUGENE HB 2491 Relating Clause: Relating to substances that constitute an intoxicant when operating a vehicle. Title: Expands offense of driving while under influence of intoxicants to include any substance that adversely affects person's physical or mental faculties to noticeable or perceptible degree. Defines 'intoxicant.' Sponsored by: Representative CAMERON; Representative BARKER URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2491.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman M. Gilbert EPD-ADM 3/17/2009 Pri 2 Yes YesV. C7 Support Comments: We strongly support this bill. One of the biggest holes in the ORS on DUII is the definition of "intoxicant". I have spent ten years as a Drug Recognition Expert (DRE). As such I recognized there were a large number of impaired drivers under the influence of over-the-counter meds and prescription meds that did not fall within the current ORS definition of "intoxicant", defined as "alcohol, controlled substance, and or inhalant." When you consider the levels of impairment observed in these people being as severe as they were and the very real consequences that result in driving in such a condition, we believe that this loophole should be closed so as to improve the safety of those who use the roadway and hold those who choose to drive despite being under the influence of these substances accountable. In addition, passage of this law will certainly increase public awareness of the hazards of driving under the influence of such substances, hopefully resulting in a preventive benefit to this change in the law. In the DRE protocol, the term "drugs" (our reference to intoxicant) is defined as "any substance which, when taken into the human body, impairs the ability of the person to operate a vehicle safely." While a concern has been expressed that the definition of “intoxicant” in this bill is too vague, we respectfully disagree. There are a number of states that have adopted the DRE definition, or similar language, into their DUII statutes and have successfully enforced them. For example, Washington law states: “A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state…while the person is under the influence of or affected by intoxicating liquor or any drug.” (RCW 46.61.502) Washington law defines “drug” as, among other things, “substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals.” (RCW 69.41.010) Utah law includes in its definition of the term “drug” the following: “any substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle.” The DRE protocol is the standard supported by the National Highway Traffic Safety Administration. With literally hundreds of medications and substances available that don’t fall within the Oregon definition for the purpose of DUII, we feel that this legislation is necessary to close that gap. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Char Mauch CS-MUNI 2/4/2009 Pri 3 Oppose Comments: The definition of "intoxicant" is too vague. 1