Hours before the final gavel fell Saturday, legislators resurrected a nearly dead bill about drugged driving, settling on a compromise they say will nevertheless help police nab more dangerous drivers.
Vermont has separate standards for driving under the influence of drugs versus alcohol. Law enforcement officials and prosecutors told legislators the standard for drugs it too high, making it nearly impossible to convict someone of DUI drugs.
Prosecutors and police pushed this session for a lower standard and achieved one in the House version of H.501, but the Senate amended that bill in a move that police said was worse than current law.
A conference committee of three members each from the House and Senate traded proposals back and forth for three days, ultimately signing a version they said found the “sweet spot” Saturday just before 3:30 p.m.
“Under the influence of a drug” in the bill means a person’s ability to operate a motor vehicle safely is “diminished or impaired to the slightest degree,” the bill says. It specifically states that that definition does not apply to alcohol.
“These words went through many changes,” said Sen. Alice Nitka, D-Windsor, who chaired the conference committee and serves on the Senate Judiciary Committee.
Nitka said the bill is not zero-tolerance, but is a fair way to help police deal with drugged driving. The Senate version attempted to create a standard where law enforcement would have to prove the drug made the person drive unsafely.
Law enforcement officials support that language, senators said. Defender General Matthew Valerio said it is a victory for police.
“It’s one of those issues that comes up between law enforcement and the defense,” said Sen. Dick Sears, D-Bennington.
Sears is chairman of the Senate Judiciary Committee, which heard extensive testimony on the bill. It also contains a section calling for more information about drug recognition experts, specially trained police who analyze a driver for drug impairment after a roadside stop.
“That completes my session,” Sears said of passing the drugged driving bill.
Rep. Linda Waite-Simpson, D-Essex, led the House side of the conference committee. Before signing the final version, she said she pledged last year to take up this issue and was glad to follow through.
“We are truing it up closer to the alcohol standard,” Waite-Simpson told the House Democratic caucus Saturday afternoon.
