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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 lower‑level impairment rather than expand criminal prosecutions.
Why it matters: Witnesses said the proposal responds to debates about whether the U.S. 0.08 BAC standard is high compared with international practice, and whether lower levels of impairment merit a noncriminal administrative or civil remedy. Committee members asked whether creating a civil category is preferable to reducing the criminal threshold.
Key discussion points
Ben Novogratz, legislative counsel, walked the committee through H123 and described the proposed BAC range and the civil‑penalty approach. Committee members and other witnesses raised questions about device accuracy, interactions with existing criminal charges (for example, operating while under the influence based on impairment rather than a numeric BAC), and whether the State should instead lower the criminal per‑se limit. One witness noted that some portable consumer devices can report a BAC estimate but that accuracy and legal admissibility vary; committee members signaled they would solicit additional testimony on the appropriate numeric range and on enforcement details.
Related items and scheduling
Committee members also previewed related bills and programs that will receive fuller review at later hearings, including H105 (youth substance program expansions), H41 amendments and additional DUI‑related bills. No votes were taken on H123 in this session.
Ending note
Committee members asked staff to schedule additional testimony on device accuracy, enforcement protocols and the interaction between a civil DWAI category and existing criminal offenses.
