News story - June 27, 2001
Drinking, driving now illegal
Cops, prosecutors and legislators say open-container law is toothless.
By Carolyn Smith
An open-container law that goes into effect Sunday
is only a small step toward enforcing DUI offenses in Wyoming, county
officials said Monday. The law, passed in the Wyoming legislature during
its winter term, forbids drivers to possess an open container of alcohol.
It was amended from a bill that would have banned open containers for
drivers and passengers. The weak legislation points to the difficulty of
reforming and enforcing DUI laws in a state where drinking and driving has
long been held to be an individual freedom. Teton County Sheriff Bob
Zimmer said the law will be difficult to enforce as long as passengers can
drink in vehicles legally. "The best evidence for us is to see a driver
take a drink," Zimmer said. Otherwise, Zimmer said tickets could only be
given to people driving alone who had an open container and were pulled
over for another offense. The open-container law carries a maximum fine of
$200 for first offenders, maximum penalties of $300 and 30 days in jail
for a second offense within a year of the first, and up to six months in
jail and a $500 fine for a third offense within a year. Wyoming Highway
Patrol Lieutenant Dave Schofield said troopers would enforce the law even
though it might not be the most effective way to control impaired drivers.
"I don't know what effect it's going to have on DUIs, quite frankly,"
Schofield said.
Zimmer said DUI laws have improved since he moved to
Teton County at a time when people could roam the streets of Jackson with
open containers. "We're making strides into improving the way we address
DUI in Wyoming," Zimmer said. "But we're still not at the forefront. If
[the legislature] really wants to address DUIs in Wyoming, the legal blood
alcohol content would be a .08 and there would be no open containers in
the vehicles." Wyoming is one of a few remaining states that have not
scaled back the legal blood alcohol limit for impaired driving. County
prosecutor Steve Weichman said that an open container violation would be
impossible to prove in court if there were passengers in the vehicle. "The
burden of proof is beyond any reasonable doubt," Weichman said. "How is
any prosecutor ever going to meet that burden if there are passengers in
the car?" The open-container law is nearly meaningless until the Wyoming
legislature adopts more serious DUI laws like a .08 blood alcohol content
for impaired driving and creates a felony DUI charge for repeat offenders,
Weichman said. "When I look at the open-container law in the backdrop of
what the legislature did not pass, it becomes an insult," Weichman said.
"With the opportunity the legislature had to save lives, [the law] is kind
of a slap in the face." Weichman said the new law is merely lip service
toward effective DUI laws in Wyoming.
"I was surprised when the legislature actually
passed the open container law," Weichman said. "In doing so, they set a
new benchmark for exalting form over substance." Sen. Grant Larson said
the law would only be a small step and suggested that significant reform
of Wyoming's DUI laws would not be felt until the federal government
begins penalizing states in 2004. At that time the blood alcohol content
limit will have to be lowered or the state will lose highway funds. "I
don't think [the open-container law] will be that effective," Larson said,
adding that it could only be enforced in a vehicle occupied by only one
person. Larson said he endorses more severe penalties for repeat offenders
who show a disregard for the law.
"The majority of DUI offenders are so far over the
limit because people ignore the law," Larson said. In the end, the Wyoming
lawmakers will need to take a stronger stand against impaired driving,
Larson said. "We need to get tougher on drinking and driving," Larson
said. "This time it's a very small step we won't get at the hard-core
drunk drivers." In Wyoming, 4,466 people were arrested for DUI in 2000,
constituting 13 percent of 33,981 statewide arrests.
