Lincoln Chafee: “this is what we might call a repeat offenders amendment. I filed it last Friday so that our Members would have a chance…”

“this is what we might call a repeat offenders amendment. I filed it last Friday so that our Members would have a chance, and their staffs, to look at it and consider it. The amendment would strengthen and clarify the repeat drunk driving offenders section of the bill; that is, the underlying bill. The bill, as currently drafted, requires States to act and support penalties for drunk drivers who have a blood alcohol concentration of .15 or greater. And two things have to occur--the drunk driver is arrested, has a blood alcohol content of .15 or greater, and has been convicted of a second or third or more drunk driving offense within 5 years. This amendment, of which Senator DeWine is the lead sponsor, is cosponsored by Senator Lautenberg, Senator Warner, Senator Chafee, Senator Baucus, and Senator Dorgan. And what it does, it strikes the reference to the .15 blood alcohol concentration and lets the State law on blood alcohol concentration determine what is a 'repeat offender.' The amendment, therefore, clarifies that a person who is arrested for driving with a blood alcohol concentration level lower than .15, such as .08 or .10, still may be classified as a repeat offender if the State so chooses. So, in essence, Madam President, what this amendment does, instead of our setting it at a Federal level, we let the States set the level for the second or greater offense that has occurred within the 5 years.”