Virginia Bill That Would Allow Drunk Driving on Private Property Killed

A Senate bill that would have allowed Virginians to drive drunk on their private property was killed unanimously by a House subcommittee Friday after an outcry from traffic safety advocates.

Sen. Richard Stuart, R-King George, originally intended the bill to reduce the likelihood of someone being charged with a DUI while drinking in a vehicle on their own property. He used the example of a man accused of driving under the influence while listening to the radio in his car parked in his driveway.

The bill attracted critics nationwide and beyond. “We defend (hash)DUIs and (hash)IRPs but even we have to admit: this is really dumb,” Acumen Law Corp., a law firm in Vancouver, Canada, posted on Twitter. In Canada, IRP stands for immediate roadside prohibitions.

SB 308 was initially killed in the Senate Courts of Justice Committee but was brought up for reconsideration in February by Sen. Mark Peake, R-Lynchburg. The bill then advanced to the floor, where it passed the Senate, 37-3.

Crossing over to the House, the bill was assigned to a House Courts of Justice subcommittee, where anti-drunken driving advocates continued to express their opposition.

Kurt Erickson, president and CEO of the nonprofit Washington Regional Alcohol Program, said a one-day delay in taking up the bill had “frankly, made advocates opposing the bill nervous.” He had urged the bill’s opponents to call on subcommittee members to reject “this slippery slope legislation.”

Del. Christopher Collins, R-Frederick, recommended the bill be “passed by indefinitely,” essentially killing it for the session. He said the legislation’s concept was flawed, arguing that motorists could park cars on their property after driving under the influence.

The bill was killed, 7-0. Stuart was not present.

“I think it’s good news,” Erickson said. “Its passage would have otherwise been a dangerous precedent to communicate that in Virginia, it is OK to drive drunk here but not there.”

This story was produced by Virginia Commonwealth University’s Capital News Service.