LAWMAKERS WANT DRIVERS OFF THE ‘HIGH’ WAY

Frog lickers, glue sniffers and kava drinkers beware -- especially if
you drive. Such intoxicants technically aren't illegal drugs. That's
made it difficult to prosecute someone of driving under the influence
of those substances. But law enforcement officials are trying to close
that loophole.

Last year, prosecutors were able to convict 32 drugged drivers (50
percent used marijuana), up from 10 in 1998. But Deputy Prosecutor
David Sandler estimates 20 to 25 percent of drivers suspected of drug
intoxication escape conviction.

"Let's say someone takes kava and they're weaving all over the road.
That's not on the list. We can't hold them responsible," Sandler
explained. "In the majority of states if you're driving under (the
influence of) any substance that messes up your mind, you're guilty."

At 8:30 a.m. Monday in Room 309 of the state Capitol, the House
Transportation Committee will hear House Bill 2692 to change the
definition of drug to any substance that impairs a person's ability to
drive. The bill would also allow police to decide what kind of test to
give a driver suspected of drug or alcohol intoxication and allow a
suspect's refusal to take the test admissible evidence in court.

A companion bill in the Senate (Bill 2640) hasn't been scheduled for
hearing, due to concerns that the law is unconstitutional, said
Transportation Chairman Cal Kawamoto.

"Currently (the law) allows you to opt out of the test," Kawamoto
said. But mandatory testing could violate a person's right to privacy.

Kawamoto (D, Waipahu, Pearl City) also questioned extending the
definition of drug. "It could be anything, so we consider it too
broad," Kawamoto said. "I think what we need to do is keep the
designation that we have and we need to enforce the laws better."

Other bills being heard in the House Transportation Committee on
Monday would make drugged drivers subject to the same penalties as
drunken drivers and set maximum prison sentences for drugged drivers.

Right now, there are no maximum penalties. Senate Bill 2630 proposes
that first-time offenders serve 14 hours in a drug rehabilitation
program, 90-day prompt suspension of the driver's license and 72 hours
of community service, and two to five days' incarceration or a fine of
between $150 and $1,000.

An argument that has hampered drugged driving prosecution is that
drugs often remain in a person's blood or urine after the intoxicating
effects have worn off. For that reason, prosecution relies on the
observations of the arresting officer, as well as assessment by a
specially trained drug recognition expert.

Clifford Wong is a toxicologist at Clinical Laboratories of Hawaii,
which does all the drug screening of samples from allegedly impaired
drivers. He said that of 67 samples sent last year by the police
departments, 59 were positive for at least one drug.

That indicates a 88 percent rate of successful assessment by drug
recognition experts. "Considering these guys aren't medically trained
... it's remarkable," Wong said.