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By MICHAEL MARTZ
Arundel Newapapen Staff Writer
RICHMOND — Before the 1986 General Assembly convened, Sen. Charles L. Waddell (D-LoudounFairfax) predicted “a flurry of bills” trying to strengthen state laws against driving while drunk.
The legislature has borne out his forecast by proposing a sheaf of bills to address the issue, including legislation to stiffen penalties, to lower the blood alcohol level necessary for automatic conviction and to allow a driver’s refusal to take a blood test to be used as evidence in court.
Sen. Waddell has joined the pack by proposing to make drinking while driving a crime, regardless of whether the driver is drunk, and to study the possibility of either restricting licenses for drivers 16 and 17 years old or raising the minimum driving age.
Other proposed bills would make clear that drunken driving laws apply to boats1 and planes as well as cars, create a statute for vehicular homicide and provide a chemical test for drivers suspected of being under the influence of drugs.
Sen. A. Joe Canada Jr. (R-Virginia Beach) introduced a bill to lower the alcohol level for automatic conviction, known as the “per se law,” from .15 to .10, a measure that failed last year in the House Courts of Justice Committee.
The law now uses. 10 as the blood alcohol level for presumption of driving under the influence, but the proposed law would make conviction automatic.
Legislators who oppose lowering the standard say that the presumption of guilt at. 10 is a heavy enough legal burden to overcome, without making conviction at that level automatic.
“I think a person" is entitled to have his day in court,” said House Minority Leader Raymond R. “Andy” Guest (R-Fauquier-ClarkeRappahannock-Warren).
“As much as we want to rid the roads of drunk drivers, I think we need to protect our constitutional safeguards,” Del. Guest said, “and enforce what’s on the books before making themmore Draconian.”
“I don’t like per se laws,” said Del. Kenneth B. Rollins (R-Fauquier-Loudoun), who serves on the House Courts of Justice Committee.
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