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To avoid losing $11 million in federal transportation funds, Pennsylvania's legislature lowered the legal BAC level in October.
"It's a complete DUI reform bill, and we like the three-tiered system that addresses not only the .08 driver but the frequency and the BAC increase," said Rebecca Shaver, Pennsylvania director for Mothers Against Drunk Driving (MADD).
For example, first-time offenders whose BAC is between .08 and .10 will not face a license suspension but will be fined $300 and be required to attend alcohol safety classes. Drivers with a BAC above .10 will lose their license for one year but can now apply for a work-related license after 60 days.
After the second offense, drivers are required to use an ignition interlock, a device that measures the driver's BAC level before starting the car. The previous law allowed offenders to opt out of the ignition interlock device in favor of a longer suspension.
"As far as enforcement, not much is going to change," said Cpl. Mark Argiro of the State College Police Department.
Because the change in BAC is relatively small, it is unlikely there will be an increase in the number of motorists suspected of DUI, Argiro said.
"I don't know if it's going to have a profound, immediate effect," said Bill Moerschbacher, a supervisor for Penn State University Police.
Only a few months after enforcement of the new .08 law, police have not detected any significant change in the number of DUI incidents, Argiro said. "It's really too early to tell if [the change] is effective, if we're making more arrests or less arrests," Argiro said.
As of November of last year, State College police handled 469 cases of drunken driving in 2003, a record high for the department, Argiro said.Though DUI enforcement was a priority for the department in 2003, it was no more of a priority than it had been in previous years, Argiro said.
"I don't know that there were more drivers," he said, "I just know that sometimes when you target or you focus your priorities on specific violations, it's easier to make more arrests."
University police also had a busy year of DUI enforcement in 2003 with more than 100 cases, Moerschbacher said.
"I think we're going to have high numbers again this year. I don't see any reason why we won't," he said.
The new law will probably result in more DUI-related arrests, but education also must be part of the plan to discourage drunken drivers, he said. "Some people would argue that there's not enough penalty to make it an incentive not to [drive drunk]. Some will argue there's plenty now," Moerschbacher said.
MADD, which was involved in the construction of the bill, is pleased with the new law, Shaver said.
"I think that this bill is actually going to save lives here in Pennsylvania," she said.
A highlight of the law is the requirement that repeat offenders, who often are alcoholics, receive treatment, Shaver said. "A person that's in a successful recovery is no longer a drunk driver, and that makes MADD very happy," she said.
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