OLYMPIA - A bill that would lower the blood-alcohol content level for
drivers to between 0.02 percent and 0.08 percent would signal a return to
Prohibition, opponents at a hearing said Friday.

But supporters of the bill argued the law thatlowered the blood-alcohol
limit to 0.08 percent from 0.10 percent on Jan. 1 doesn't go far enough
toward preventing mayhem on roads.

"Some people have accused this bill of being Prohibition,' said Sen. Michael
Heavey, D-Seattle, the bill's prime sponsor. "It's not Prohibiiion. You can
drink all you want - but just, don't drive."

Senate Bill 5872 would make it a traffic infraction for a person aged 21 or
older to drive with a blood-alcohol content (BAC) level of 0.02 to 0.08.
percent. The 0.02 measure is the lowest statistical amount of alcohol
detectable, Heavey said.

Under the bill, offenders could lose their driver's license for a month and
face a $500 fine.

The bill would leave intact current laws against driving with a BAC level
higher than 0.08, a DUI offense that constitutes a gross misdemeanor,
carrying a maximum penalty of a year in jail and a $5,000 fine.

The Senate Judiciary comittee heard public testimony on the bill but took no
action Friday.

Heavey said even with the passage of 13 bills to toughen penalties against
drunken drivers last year, people still have the perception that it's all
right to drink and drive, providing that they do not exceed the legal limit.
SB5872 would eliminate that perception, he said.

He also questioned the argument that the bill would net responsible drinkers
stopped by police for an unrelated matter, since police officers would need
to have reasonable doubt that a driver was drunk before administering breath
or blood tests.

"The fear that, 'One drink, one taillight out - I'm going to be arrested and
taken downtown,, is not justified," he said.

But Dick Ducharine of the Beer and Wine Wholesalers Association of
Washington, who opposed the bill, accused lawmakers of dancing around the
issue.

Why not do away with the numbers altogether and simply propose a law banning
those who drink any amount of alcohol from driving, he said.

"If that's where you want to go, do it - but don't dance," Ducharme said.

But neither he nor the public would support such a bill, he said.

Vito Chiechi, of the Washington State Licensed Beverage Association, argued
the bill tried to do the impossible by attempting to legislate
responsibility.

"There's nothing we can do to legislate the morals of people. ... We're a
free society. We can't do that," he said. "It is Prohibition."

But Mel Sorenson, a lobbyist for the insurance industry, said the bill would
help reduce the hundreds of millions of dollars paid out in bodily injury
and property damage claims.

"Noticeable impairment exists at levels below 0.08," Sorenson said.