Judge Backs Zero Tolerance For Minors Says Tougher Drunk Driving Laws Don’t Violate Constitution

A district judge has upheld a state law containing a different alcohol level for drunken driving convictions for minors than required for adult convictions.

In the case of a University of Idaho student, District Judge John Bengtson upheld a magistrate judge’s decision that the law doesn’t violate state and federal constitutional provisions for equal protection.

But the conviction of Matthew Masuda, 19, was overturned on another ground by Bengtson.

Following an Idaho Supreme Court ruling, Bengtson said punishing Masuda for drunken driving, following an administrative proceeding to suspend his license, amounted to double jeopardy or prosecution twice for what essentially was the same act.

Other appeals based on that ruling are headed for the Supreme Court.

Court records said Masuda was arrested in Moscow last September with a blood alcohol level of between 0.06 percent and 0.07 percent.

Adults must have a blood level of 0.10 percent before they can be convicted of drunken driving, but a 1994 state law allows drivers under the age of 21 to be charged if their blood-alcohol level is 0.02 percent or higher.

Bengston ruled the law doesn’t violate Masuda’s rights.