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Draft bill H123 would create civil DWAI penalty for BACs between 0.06 and 0.079
Summary
Legislative counsel previewed H123, which would establish a civil penalty category—driving while ability impaired (DWAI)—for blood alcohol concentrations between 0.06 and 0.079. Supporters said the measure aims to address levels of impairment below the current 0.08 criminal threshold without converting more cases to criminal prosecution.
Legislative counsel told the Judiciary Committee that bill H123 proposes a civil penalty, described as "driving while ability impaired" (DWAI), for drivers with blood alcohol concentrations in a lower range than the state's criminal per‑se standard.
The bill: H123 would create a civil penalty for BACs between 0.06 and 0.079 (draft language shown to the committee), leaving existing criminal options and the current 0.08 per‑se presumption intact. Counsel said the measure is intended to provide an intermediate response for…
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