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Del. Rollins also noted that the arresting officer does the testing, not an independent technician.
“As a lawyer I have reservations about establishing a statutory presumption of guilt,” said Del. Robert T. Andrews (R-Fairfax-Loudoun).
Even supporters of the bill have doubts about its chances in the legislature.
“I’d like to see that pass,” said Del. Kenneth R. Plum (D-Reston), “but I’ve been around here long enough to knojy we got to .15 as a compromise with those people who didn’t want a per se law at all.”
Del. Thomas M. Moncure Jr. (RFauquier-Stafford) supports Canada’s bill. He said that lawyers have successfully used the .15 per se level to convince courts not to convict drivers with a level of. 10.
But as a member of the House Courts of Justice Committee, Del. Moncure has doubts about the bill’s chances of passing.
“Unfortunately, I don’t see any significant changes (in drunken driving laws),” he said. “I vote in the minority on these issues an awful lot.”
Waddell also supports the per se bill—he cosponsored it last year — and Senate Minority Leader William A. Truban (R-Fauquier-ClarkeWarren-Shenandoah) cosponsored Canada’s bill this year.
A bill that would allow a driver’s refusal to take a blood alcohol test as evidence in court already has met resistance on the House courts committee, although it remains alive. Del. C. Jefferson Stafford (R-Giles) introduced the bill, which would delete a provision in existing law that specifies that refusal cannot be used in court “except in rebuttal.”
Sen. Daniel W. Bird Jr. (DWythe) introduced legislation on Friday that would make jail sentences, fines and suspension of driver’s licenses mandatory for drivers convicted of driving drunk for the first time.
Sen. Bird’s bill would make firsttime offenders spend at least 24 hours and up to five days in jail, pay at least $500 and up to $1,000, and lose their license for at least six months, although they would be eligible for a restricted license.
The law now provides penalties for first-time offenders of as long as a year in jail or as much as a $1,000 fine or both, and suspension of a
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