THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Monday, January 22, 1996 TAG: 9601220050
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY LARRY W. BROWN, STAFF WRITER
LENGTH: Long : 102 lines
For more than 21,000 drunken drivers across Virginia, 1995 may be remembered as the year that punishment became stricter - and swifter.
It was the first year of administrative license revocation, a tough, controversial law that allows police officers to take away a driver's license for at least seven days if a motorist has had too much to drink.
In Hampton Roads, more than 4,000 drivers felt the bite of that law, having their licenses automatically revoked for drunken driving.
The law states that if a driver registers 0.08 percent or higher on a roadside breath test, the driver is drunk. Police officers can then, on the spot, take away the suspect's license for seven days. The law also applies if the suspect refuses to take the roadside test.
Between Jan. 1, 1995, when the law took effect, and Dec. 30, 21,057 Virginia drivers had their licenses revoked on the spot. Nearly 4,100, or one-fifth of them, were from Hampton Roads. There are 4.8 million registered drivers in Virginia; nearly one million are in Hampton Roads.
Some officials, such as state Sen. Ken Stolle of Virginia Beach, say the numbers are promising, but, even after a year, it may be too early to track the law's effect.
``I'm sure it has had some impact on the individual,'' Stolle said recently. ``It's a good first step.''
Bustling Fairfax County led the state in the number of suspensions with 2,589. It was followed by the state's largest city - Virginia Beach - with 1,891. Other jurisdictions rounding out the top five were Henrico, Prince William and Chesapeake.
And the numbers have already begun rolling for 1996.
Statewide, 455 drivers were caught driving drunk and had their licenses suspended between Jan. 1 and Jan. 13, the latest date for which figures were available. Virginia Beach racked up 39 suspensions, while the numbers for other Hampton Roads' cities so far this year were 17 in Chesapeake, 15 in Norfolk, 13 in Hampton, nine in Suffolk, two in Portsmouth and one in Newport News.
Though the law has affected scores of intoxicated drivers, Stolle said more people would pay attention if they were to lose their licenses for a longer period.
``I think for the most part most drivers don't know it exists,'' said Stolle, who helped sponsor the law. ``I think the message that was passed was more message than it was teeth. If we want to see big results, we need to add time to it.''
The inconvenience for motorists now can end after seven days. Licenses are returned to drivers then, even if they have not appeared in court.
``We have probably the least restrictive ALR (administrative license revocation) in the U.S. To a large degree that creates a minor hardship,'' Stolle said. ``To be more effective we need to double that.''
He proposed a stricter revocation period, lasting 15, 30 or 45 days, like those found in some other states.
There may be efforts to tack on more days, Stolle said, but he did not think changes would be introduced in the General Assembly this year. Until the revocation period is lengthened, Virginia's revocation law may have little impact, he said.
But the law caused a stir in the courts last year.
In some localities, such as in Roanoke and the counties of Botetourt and Wythe, enforcement of the spot license revocation was halted after commonwealth's attorneys began having doubts about its legality.
Opponents of the law argued that it resulted in double jeopardy by punishing drivers twice for the same offense. The first was the initial seven-day suspension. Then the drivers had to face possible additional punishment for the charge of driving under the influence.
The law was upheld by a state appellate court in October. But the decision has been appealed to the state Supreme Court, where it is now pending.
Because some localities were not enforcing the law, the total number of recorded suspensions may not reflect the number of drivers who could have been punished, said Jeanne Chenault, a spokeswoman for the state Department of Motor Vehicles.
Chenault said the DMV will be better able to analyze trends after another year.
``Since 1995 was the first year that this law had been in effect we had nothing to compare it to,'' Chenault said. ``This will be the year we can look at the figures.'' ILLUSTRATION: 7-DAY LICENSE SUSPENSIONS, 1995
VP Graphic
More than 21,000 motorists lost their licenses for at least 7 days
under a one-year-old drinking and driving law. Here are totals for
local cities:
Chesapeake 703
Hampton 607
Newport News 106
Norfolk 464
Portsmouth 44
Suffolk 271
Virginia Beach 1,891
SOURCE: Virginia Department of Motor Vehicles
KEYWORDS: DRUNKEN DRIVING DUI by CNB