On occasion, tragedy leads public officials to overreact. In this instance, the senseless deaths of Becca, Macie and Garrison Bingham, who were killed by a hit-and-run driver as they strolled the streets of LoDo in early November, nearly resulted in draconian legislation.
As introduced, House Bill 1189, by Rep. Joel Judd, D-Denver, would have made Colorado's penalties against drunken driving the toughest in the nation. First-time offenders would lose their licenses for at least five years, and multiple offenders for 20 - unless they satisified other requirements we'll discuss later.
We're open to the suggestion that the state's penalties against impaired drivers are too lenient. But as originally envisioned, HB 1189 was simply too harsh.
Fortunately, Judd has had second thoughts and plans to ease some of the penalties before the bill is heard in the House Judiciary Committee on Wednesday.
No law can totally eradicate drunken driving. If criminal penalties against driving while intoxicated are too severe, motorists who are caught will simply drive without a license. Even with current penalties, federal officials report that 60 percent to 80 percent of drivers whose licenses have been suspended or revoked keep getting behind the wheel.
Current Colorado law may need to treat first-time offenders more severely; now they can regain their licenses in 90 days. But stiff and inflexible penalties can be unfair. In the original bill, first-time offenders with low blood-alcohol levels who caused no injury to other motorists would have to wait five years to regain full driving privileges, unless they installed an ignition interlock with breath-testing device and received court-sanctioned alcohol treatment.
There's a difference between a driver who shows no visible signs of impairment and blows a 0.08 at a sobriety checkpoint and a nearly stupefied motorist who weaves in and out of traffic. Courts should be allowed to make such a distinction.
Under the original bill, second-time DUI offenders would have had to surrender their driver's licenses for 20 years, again unless they installed an interlock and got treatment.
Today's law may not be punitive enough. But Judd's solution went overboard. And while the senseless deaths of the Binghams might inspire sympathy for a law like HB 1189, had it been on the books, it probably would not have saved their lives. According to his attorney, the alleged driver, Lawrence James Trujillo, has no drunk-driving convictions.
Judd has not been shy about his ultimate goal: to require every vehicle to have an ignition interlock.
We've long opposed the idea. Aside from the cost, which runs about $1,000 per car, it presumes that every driver is a lawbreaker. That turns the presumption of innocence upside-down and inflicts a needless burden and expense on the majority of Coloradans who do not drink and drive.
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