Despite tougher laws, OUI count keeps rising

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AUGUSTA – Starting in 1995, with a measure that lowered the state’s legal blood-alcohol limit to 0.08 percent, Maine adopted a series of efforts designed to reduce drunken driving.

Lawmakers passed tougher penalties, ranging from higher fines to longer license suspensions.

But instead of fewer arrests for operating under the influence of intoxicants, Maine is reporting a 37 percent increase in OUI arrests between 1995 and 2000.

“I am really not sure what more we can do,” said Secretary of State Dan Gwadosky. “But I am sure we should do more.”

Gwadosky said he is exasperated by the statistics.

He points out Maine has been considered a leader “for years” in trying to reduce drunken driving. Repeat offenders go to jail and lose their driving privileges for months or years, depending on how many times they have violated the OUI laws.

Just last week, William Forbes, 50, of Portland was sentenced to prison for 10 years, with all but five suspended. He has been convicted of drunken driving 10 times since 1979 and was arrested last year for OUI while on probation from a 1996 OUI conviction. He had a fake license and was indicted for OUI, being a habitual motor vehicle offender, and forgery. The driver’s license was under his dead brother’s name.

“I think most judges are imposing appropriate sentences in line with the tougher laws we passed,” Gwadosky said. He served in the Legislature, including a stint as speaker of the House, before being elected secretary of state by lawmakers. “But I am certainly concerned the numbers are still going up.”

Richard Perkins, director of the Bureau of Highway Safety, said he does not think tougher laws are the answer. He said Maine already has tough laws.

“I think we have to do more of what we are already doing – more enforcement actions and more public education programs,” Perkins said.

Perkins said the 9,878 OUI arrests reported in 2000 are not a record.

He said there were “several years” in the 1980s when arrests reached 12,000 a year. But he said the increase since 1995 is significant and should concern all Mainers.

“I am particularly concerned about the increase in juvenile arrests,” he said. “I think a lot of the efforts to try and keep kids from drinking have been undone by these massive advertising campaigns that glorify drinking, and I think many are really aimed right at kids.”

According to statistics from Gwadosky’s office, OUI arrests of those under 18 nearly doubled, from 166 in 1995 to 513 in 2000.

Kimberly Johnson, director of the Office of Substance Abuse, believes one thing the state could do to stem the increase in OUI is to increase public information and education programs.

“When I first came to this job, I didn’t think that was important,” she said. “But I am more and more of the opinion we need to do a lot more PR efforts.”

Mothers Against Drunk Drivers says Maine can do a lot more to address the problem.

In its report card on the states, issued last year, Maine dropped from a “B” to a “C.”

Matt Shedd, a spokesman for MADD, said the major reason for the lowered grade is that Maine has done little to toughen the laws or bolster enforcement since the 1995 changes.

“It’s the lack of continued progress and what I think was perceived as not a lot of strong support from the governor and Legislature for this issue,” he said.

MADD gave “C-” grades to both the Legislature and Gov. Angus King for leadership on the issue. The group suggested a number of changes in state law, including additional training for servers, even tougher penalties for repeat offenders and confiscation of the vehicles of multiple repeat offenders.

“I think not just training,” said Lewiston Police Chief William Welch. “I think maybe greater penalties for servers that continue to sell alcohol after a person is clearly drunk might help.”

Welch said he thinks some of the increased number of arrests is the result of more enforcement actions by police. He believes federally funded OUI details have been successful in many areas of the state.

“But I really think they have been out there all along,” he said. “I don’t think more people are driving drunk. I think we are catching more of them.”

Johnson said her office is making a significant change in the 14-year-old Driver Education and Evaluation Program this week. The program seeks to identify those offenders who may have an addiction to alcohol and need treatment for the problem. The goal of the effort is to reduce repeat offenders.

“We are increasing the number of hours and making the course more comprehensive,” she said.

Details of the changes are to be unveiled at a news conference today in Portland as Maine hosts the national conference of the National Organization of State Impaired Driving Programs.

The keynote speaker at the session is Millie Webb, national president of MADD.