Lawmakers wrestle with OUI measure

Lawmakers wrestle with OUI measure


Convicted ATV operators would lose driver’s licenses
By Mal Leary
Capitol News Service

AUGUSTA, Maine — By a 10-3 vote, a majority of the Legislature’s Criminal Justice Committee has rejected a bill that would suspend the driver’s license of a person found guilty of operating a recreational vehicle such as a snowmobile or ATV while drunk.

“If one person is stopped from doing this, we have made progress in finally drilling the message home that we are not going to condone OUI while driving your car or truck and we are not going to condone OUI if you are driving something else,” said Sen. John Nutting, D-Leeds. His statement set off sharp comments from other committee members who opposed the bill.

“I don’t think anyone is condoning drunk driving,” said Sen. Stan Gerzofsky, D-Brunswick, co-chairman of the committee. “I don’t think anyone is condoning someone being out on a trail drunker than a skunk driving at 100 miles per hour on their sled.”

Several other committee opponents of the bill were quick to join with Gerzofsky. They said they do not like tying a license to operate a car or truck with OUI on a snowmobile, ATV or boat.

“I just can’t see the connection between the two,” said Rep. David Burns, R-Whiting. “I just don’t see a bridge there to support this.”

Burns is a retired state trooper and said his decision was a difficult one because he acknowledges the suspension would be one more tool for law enforcement to reduce drunken driving.

“I certainly think they need every tool they can get,” Burns said.

Col. Joel Wilkinson, chief of the Maine Warden Service, was disappointed at the vote. He is a strong supporter of the measure, arguing there is a connection between driving a recreational vehicle while drunk and driving a car or truck.

“We feel that the people that are operating on our roadways are the same that are operating on our waterways or inland trails system,” he said. “The one thing we don’t have is the driver’s license suspension provision and we feel that would be the most effective in preventing OUI in the first place.”

In comments to the panel, he said a study of 241 OUI arrests by the warden service from 2003 to 2008 showed that 57 percent also had been arrested for OUI with a car or truck.

But Rep. Ann Haskell, D-Portland, co-chairman of the committee, said that is not a strong enough correlation for her to support the legislation. She said if all of those arrested by the warden service also had been arrested for OUI in a car or truck, she would see the issue differently.

“I just don’t see the connection,” she said. “I would have to be convinced there is a connection before I could vote for this.”

Rep. Gary Plummer, R-Windham, also opposed the bill. He said he has opposed tying a person’s driver’s license to behavior other than that of driving a car or truck.

“My vote against this bill is no more condoning this conduct than my vote against tying [driver’s] license suspension to falsely pulling a fire alarm was condoning that behavior,” he said.

If the bill were to pass, it is not the first time license suspension has been tied to behavior other than driving a motor vehicle. For several years the state has been suspending driver’s license for nonpayment of child support.

Despite the committee vote, supporters believe they have a strong case to take to the full Legislature. Nutting said that unlike previous, similar bills that were opposed by the secretary of state, this time the secretary’s office proposed an amendment that will be the minority report of the committee.

“The amendment would totally replace the bill and would define a motorboat, a snowmobile or an ATV, for the purposes of the OUI law only; they would be considered a motor vehicle,” he said. “This has a lot of support.”

Wilkinson also supports the amended version of the bill and said he will continue to talk with lawmakers and urge passage of the measure. He said it is a top priority of the warden service this session.

“I suspect this will be debated on the floor at some length,” he said.

On that, there is committee agreement.

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Comments
24 comments on this item

So ya get hammered on your snowmobile and keep your driver's license...miss one child support payment and they yank it.

Makes sense.

I was thinking along those same lines. You have to miss much more than one payment though...but if they can tie child support non-payment to a drivers license I think they could have tied it to OUI of an ATV or Boat. I am appalled I honestly thought that OUI was OUI and a persons drivers license was on the line for it no matter what!

Maybe this should go out for a vote! I would vote for it!

if you don't need a drivers license to operate a motorboat,atv or snowmobile, then keep them separate...don't penalize someone's privilege to operate a motor vehicle by taking away their license...if their oui on a snowmobile, then take away their privilege to operate a snowmobile,or atv or motorboat.

well let them drink on a sled , atv or boat, great. It seemed to be an issue last year about a boater , from Massachustts, who had a couple drinks and ran down another boat at night.

Now, you have been on your boat or sled and had a couple drinks, now it`s time to go home and load up the trailers.

You have been drinking and now you have to drive a vehicle to go home.

What`s going to happen?

Take the license and call it a day

It is time for the Criminal Justice Committee to pull their heads from the sand. You do not see a connection between drinking on a sled,atv or boat with a motor vehicle. How can you not see it. Most trailer the sleds, atv and boats to start the day. So if they trailer to get some place to enjoy the day, how do they get home after having been drinking all day or most of the day? Maybe when they step out of the boat or off the sled/atv they area magically sober. How can the committiee not stand behind Col. Wilkinson. I was not aware that over 50% of 2008's OUI arrest by the Maine Warden Service had a prior OUI in a Motor Vehilce. 57% and that is not proof enough to tie the two together come on. Give the Wardens the tools they need to stop this foolishness. Give them this tool so they can attempt to rein in this problem. Give them this so they can make the trails and waterways safer. Maybe next time the guys in green have to pick a body out of the water or woods as a result of an OUI on a sled or boat or atv, the Criminal Justice Committee should tag along. Have them knock on the door of a family member and tell them they just lost a love one because of a intoxicated operator on or in a recreational vehicle. Maybe just maybe that will sink in that this needs to stop and to suspend the driving right is not to harsh of punishment. You dont see a connection come on, or is it you do not want to see a connection. My hats off to the Wardens and Marine Patrol Officers that continue to make the trails and waterways safer. Thank you.

I don't see how taking a person's license away can keep the child support coming... how can the guy get to work?

this is discrimination at best....the person who has no drivers license has advantage, as he can pay fine and walk, whereas licensed maine drivers lose their right to drive?

Isn't 57% enough of a correlation?

"...But Rep. Ann Haskell, D-Portland, co-chairman of the committee, said that is not a strong enough correlation for her to support the legislation. She said if all of those arrested by the warden service also had been arrested for OUI in a car or truck, she would see the issue differently."

You are kidding me, right? Have you ever taken a statistics course, Rep. Ann?

Why not just take the snowmobile and sell it and put the money in the general fund to be wasted.

Would it make too much sense if they pulled the registration of the vehicle they are operating?

There's no intelligent arguement against this bill. If you are stupid enough to drink and drive a boat or snowmobile, then you shouldn't be driving anything until you've got your drinking problem under control.

I see a connection. That must be cause I'm not a Republican.

LOOK, I'M ALL IN AGREEMENT WITH KEEPING THE TRAILS/WATERWAYS SAFE! THE ONE THING I KNOW IS THAT DRIVING A CAR IS A PRIVILAGE IN THE STATE OF MAINE. SO IS OPERATING AN OFF ROAD VEHICLE. WHEN LAWS ARE BROKEN ON THE ROAD, PRIVS ARE TERMINATED UPON PAYMENT OF FINES AND OR JAIL TIME. CATER THE LAWS TO OFF ROAD INFRACTIONS THE SAME. AS FAR AS THE COMMENT ON "TRAILERING THE OFF ROAD VEHICLES, DRINKING ALL DAY, AND DRIVING HOME" GOES, WHO'S TO SAY THESE PEOPLE AREN'T STAYING AT SOME SORT OF LODGING? OR CAMPING OUT? AGAIN, I DO NOT CONDONE THIS BEHAVIOR! AND TO BE HONEST, THE ACTUAL NUMBER OF IMPAIRED DRIVERS, OR ATV/SNOWMOBILE OPERATORS ON THE ROAD/TRAILS AT ANY TIME WOULD PROBABLY SCARE THE CRAP OUT OF YOU!, BUT I DIGRESS. . . . LET'S FASHION THE PUNISHMENT TO THE CRIME. FOR EXAMPLE: GET CAUGHT ON AN ATV DRUNK, YOU PAY A HEFTY FINE, DO THE JAIL TIME [WHERE YOU'RE ARRESTED!!] AND PAY THE STATE FOR THE TRANSFER OF THE ATV BACK TO YOU [SEE "HEFTY FINE"]. AND MAKE THE MIN SUSPENSION 180 DAYS, THATS OF ACTUAL USABLE DAYS! THIS WOULD BE APPROX. A 2 YEAR SUSPENSION [FIGURING THE BOATING SEASON FROM MAY TO OCTOBER]. BUT HEY, THAT'S JUST ME. . . . .

241 OUI's in 5 years ' How many wardens on the States payroll and how much fuel for thier pickups , atv's and snowsleds. Wow sure is expensive to protect us fools from ourselves , isn't it.

VERY CLEARLY A MOTOR VEHICLE IS A MOTOR VEHICLE NOT A SNOWMOBILE OR ATV IF YOU WANT TO CHANGE THE LAW DO IT BUT TO TIE THE MOTOR VEHICLE LAW TO INCLUDE SNOW SLEDS AND 4WHEELER...LITTLE FAR STRETCHED NOW DONT FORGET LAWNMOWERS AND MOTORIZED WHEELCHAIRS....FOR THE RECORD YOU CAN BE CHARGED WITH OUI AND IF CONVICTED FOR DRIVING A LAWN MOWER OR WHEELCHAIR BUT KEEP YOUR LICENSE AS YOU CAN FOR A SNOW SLED AND 4WHEELER....I DO NOT SUPPORT ANOTHER LAW.....WE HAVE ENOUGH WHAT WE DO NEED TO DO IS TOUGHED OUR DRUNK DRIVING LAWS WE HAVE NOW 2 DAYS IN JAIL FOR FIRST OFFENSE 90 DAY LIC SUSPENSION IS NOT ENOUGH! 14 DAYS MINIMUM 6 MONTHS NO LICENSE....AND FOR DRIVING ATV ETC OFF YOUR OWN PROPERTY ONLY UNDER THE INFLUENCE THEY SHOULD FINE YOU AND TAKE SEIZE YOUR PROPERTY YOUR OPERATING 30 DAYS WHETHER ITS YOURS OR NOT OR YOU SERVE 7 DAYS SOMETHING I DONT KNOW BUT SOMETHING TO STOP THEM BUT A DRIVERS LIC LOSS..NAH...

First of all, I've never been on this site, but reading my newspaper this morning got me all fired up and I just needed to voice my opinion. I can't believe we have people in the legislature that actually were quoted as saying "I just don't see the connection" or" I don't see a bridge to support this." UNBELIEVABLE!!!!!

Do these representatives need to have a family member killed by a drunk driver ON a recreational vehicle to "bridge the connection"? Seriously. There is no reason why anyone drinking and driving ANYTHING shouldn't be held accountable for their actions. That doesn't mean new fees and licenses have to be created for this to happen. It simply means if you drive something motorized drunk and injure or kill someone, you will lose your license to operate ANYTHING motorized. Simple as that. There IS A CONNECTION!!!!!!! Drunk driving something as small as a snowsled or as large as an 18 wheeler........the results can be the same...someone could die or be seriously injured. There's your CONNECTION!!! As things stand now, people caught driving that 4 wheeler drunk that only recieve a fine and/or jail time can very easily jump right into their personal vehicle and drive drunk...and not even be considered a repeat offender. Lovely world we live in, huh?

well then if passed can i ride my atv on the road sounds fair to me it wouldnt be an atv ne more f-this state

ok fine them all they want is money but to take away there right to drive makes no sense what is maine becomming a police state cant smoke cant eat and cant do this and that very sad peace

You are all missing the point......the root cause....all you want to do is take someone's drivers license...perhaps making that person lose their job, their home, their spouse, and so on.......My suggestion is this.......oui is oui....you can't dispute that if the law is administered in a reasonalble manner...weed out the reckless idiots versus the guy out there cutting some wood or puttering around the lake while ice fishing.....can you say moderation, let people live, and let live....the real punishment is mandatory alcohol counseling, no alcohol in the blood for a few months, mandatory blood tests to verify this and maybe take the guys sled or atv away for a few months....can't go sledding without your beloved sled or atv.....turn the punishment into something constructive, not destructive....make the person sit through some of those movies about alcoholism at $20 or $30 dollars per hour and try to educate the person, not beat him / her into the ground by taking their livelihood away.......take it from a guy that has been there and done that and paid the heavy price of the those items listed above...........give a man a fish and you feed him for a day...........teach a man how to fish and you feed him for a lifetime...ever been in Jail ???? Doesn't do anything for your problem, just pisses you off.........go to some counseling sessions and feel good about yourself and what you learned..........all you people suck....you just don't get it......

HEY JONSMOM1, BROUGHT UP AN EXCELLENT POINT. WE SHOULD ABSOLUTELY DISCOURAGE THE "REPEATERS" REGARDLESS OF THE VEHICLE! THE OFFENSE OF "O.U.I." , NO MATTER WHAT VEHICLE, COUNTS AS DRIVING IMPAIRED, REPEATING MEANS STIFFER FINES, MORE JAIL TIME!! LOOK, LET'S BE HONEST THOUGH, KEEPING SOMEONE FROM GETTING BEHIND THE WHEEL IMPAIRED, OR W/SUSPENDED LICSENSE IS ALMOST IMPOSSIBLE TO DO. BUT, KEEP HITTING THEM WHERE IT HURTS. I'VE BEEN DOWN THIS ROAD, HAVING BEEN CONVICTED OF AN O.U.I., NOT MY PROUDEST MOMENT, BUT THE HURT AND HUMILIATION I CAUSED MADE ME STRIGHTEN UP AND FLY RIGHT! [4 YEARS SOBER NOW] I DON'T KNOW IF THIS IS THE NORM, OR IF PEOPLE JUST DON'T UNDERSTAND THE SERIOSNESS OF THE CRIME. I REALIZED WHAT "MIGHT" HAVE HAPPENED COULD HAVE BEEN CATASTROPHIC. KEEP EDUCATING THE PUBLIC, KEEP HAMMERING IT HOME, MAYBE, SOMEDAY, EVERYONE WILL FIND THIS IS JUST UNACCEPTABLE BEHAVIOR. KEEP THE FAITH JONSMOM1, IT CAN BE A LOVELY WORLD WE LIVE IN!!

This just in from the AP: Ohio Man Charged With DUI After Crashing Motorized Bar Stool--Police in Newark, 30 miles east of Columbus, said that when they responded to a report of a crash with injuries on March 4, they found a man who had wrecked a bar stool powered by a deconstructed lawn mower. Kile Wygle, 28, was hospitalized for minor injuries. He was charged with operating a vehicle while intoxicated after he told an officer at the hospital that he had consumed 15 beers, police said. Wygle told police his motorized bar stool can go up to 38 mph. Wygle has pleaded not guilty and has requested a jury trial.

Ain't gonna pass. Too many of those legislators ride snowmobiles and ATVs. Wonder if they're worried they'd have to walk to Augusta after their rides. Naw, that couldn't be it.

Maybe, it's time for a citizens petition, since Augusta is too afraid to do their job.

If the people operating recreational vehicles need their license to get to work, maybe they should have enough brains to not drink and drive ANYTHING. Wow...adults having to be responsible adults...what a concept.

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