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OUI Adjusted To Carry Stricter Penalties

Acting Gov. Jane Swift filed legislation yesterday at the State House intended to strengthen the Commonwealth’s driving-under-the-influence laws by increasing prison sentences and fines.

“This is a bill to protect the citizens of Massachusetts,” Swift said. “Drunk drivers should be considered armed and dangerous. Driving drunk with a license can be a license to kill.”

The legislative package filed today includes bills that would delay the eligibility of juveniles guilty of drug- and alcohol-related crimes for a license until they are at least 18 years old and make delinquency findings count against juveniles in cases of license suspension or revocation.

“It’s a comprehensive bill to get habitual offenders off the road and prevent tragedies,” Swift said.

Earlier this week, Swift signed the Act Establishing a Victims of Drunk Driving Trust Fund. In this, OUI offenders, even if they didn’t cause injury, will be required to pay a $50 fee, which is then contributed to the fund.

“This is a small price to pay compared to 600,000 who had their lives changed by offenders,” said Rep. John Rogers (D-Norfolk).

This fund, managed by the Massachusetts Office for Victim Assistance, will give community-based services and counseling to victims of drunk driving and their families.

“OUI offenders are required to bear the cost of victims’ recovery,” said Mothers Against Drunk Driving spokesman Matt Schect. “Victims have sudden loss and injury and need help to deal with their new reality.”

Nationally, 40 percent of auto fatalities are alcohol-related, but Massachusetts ranks above the average at 50 percent. These tragedies happen quickly, and the services families need are expensive. The Trust Fund, based on statistics showing more than 18,000 OUI offenders appear before Massachusetts courts each year, estimates $1 million in revenue per year for MOVA funds.

“This is an overdue tribute to families who suffered,” Rogers said in support of the new legislation. “It is a ways and means to end their grief.”

Swift said she hopes the legislation filed today will lengthen the time such drivers are off the road and hold them responsible for their previous actions.

Edward Paika, whose sister was killed on June 8, 2001, by a drunk driver, also personally testified. He disputed those who call the bill “just another tax” or who claim the money will not achieve its purpose.

“This is an ‘idiot tax.’ If you get behind the wheel and you’ve been drinking, you’re an idiot — an idiot who will be taxed,” Paika said after describing how his life will never be the same because of a drunk driver.

“This is a pragmatic way to do this without raising taxes on families,” Swift said.

When asked if she felt this legislation would bear an impact on her candidacy for reelection, Swift reasserted her concern for public safety.

“You run based on what you believe in,” she said.

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