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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

House unanimously passes DUI felony bill


Rep. John Ahern, R-Spokane, makes his case to Gov. Chris Gregoire last week.  Ahern managed to do something lawmakers have been trying to do for years: make it a felony to repeatedly drive drunk. 
 (RICHARD ROESLER / The Spokesman-Review)
Richard Roesler Staff writer

OLYMPIA – Being a pest paid off.

On Wednesday, the Legislature approved Rep. John Ahern’s bill to allow felony charges – and prison time – for chronic drunk or drugged drivers.

“Today is truly a historic day for the state of Washington,” said a jubilant Ahern, R-Spokane. The unanimous House vote capped a weeks-long fight over the bill, which was repeatedly considered dead in both the House and Senate.

“You may all push your ‘yes’ button enthusiastically,” said Rep. Pat Lantz, D-Gig Harbor, a co-sponsor who helped resurrect Ahern’s bill. “After at least two decades, if not three (of trying) we will now have a felony DUI bill on the books.”

Republicans and Democrat Rep. Al O’Brien crowded around Ahern to shake his hand and hug him. The bill now goes to Gov. Chris Gregoire, who could veto it or sign it into law. Until House Bill 3317 becomes law, driving under the influence – no matter how often – is only a gross misdemeanor in Washington.

The bill would allow a fifth DUI within 10 years to be charged as a felony, which would send people to prison – and treatment – for an average of 22 months. If Gregoire signs the bill, the new law would take effect July 1, 2007.

“I don’t think anybody had a problem with the essential problem of cracking down on repeat DUI offenders,” said Senate Majority Leader Lisa Brown, D-Spokane. “These people are a danger to themselves and others.”

Getting the bill through the Legislature is an unlikely victory for Ahern, a rank-and-file Republican in the Democrat-controlled House of Representatives. Last year, Ahern watched helplessly as every one of his bills died.

But this year, time after time, Democratic lawmakers – and Republican pressure – resurrected Ahern’s bill and moved it forward.

A look at why:

“Relentless selling: Ahern, a salesman by profession, relentlessly buttonholed legislative leaders for weeks. He’d linger outside the offices of House Democratic leaders. When they emerged to go to a meeting, he’d press his case. By his own count, he’d go over to the Democratic leaders’ offices seven to eight times a day.

“They wanted to get an irritant off their back,” said Ahern. “I just get hold of something like this, and I just don’t give up.”

After House Speaker Frank Chopp openly complained about the high-pressure pitches, Ahern sent flowers to some of the pestered staffers.

“He talked to every single legislator multiple times,” said Rep. Lynn Schindler, R-Otis Orchards, who called Ahern’s win the highlight of the session. “You have to give John credit: He just does not hear ‘no.’ “

It probably was no coincidence, she said, that Ahern came in second in a contest to see which lawmaker logged the most steps walked this session.

“An emotional issue: Rathdrum’s Anita Kronvall repeatedly traveled to Olympia to testify about how a drugged teen driver in 2002 killed her daughter, Carla James, of Spokane. Carrying pictures of her daughter and her family, Kronvall told lawmakers how James’ two children, toddlers in the back seat, saw their mother die.

“That kind of testimony is hard to say no to,” said Sen. Brad Benson, R-Spokane.

“Tough to argue against: After delays in the House due to concerns over the cost of imprisoning dozens of drunk drivers, Democrats in the Senate were furious to be handed the bill with only days left in the Legislative session. Yet they reluctantly made room for it, holding an 11th-hour hearing at which Democrats raised concerns about the cost, about how the bill would affect juveniles, about whether drunken driving should really be equated with offenses like kidnapping.

But some of those criticisms backfired. At Monday’s hearing, Sen. Adam Kine, D-Seattle, asked Ahern to name a way the state could pay the multimillion-dollar cost of imprisoning more drivers. After all, Kline said, the state is already struggling to afford critical things like health care for the poor.

“Let me ask you this, senator,” Ahern responded. “What’s a life worth in dollars and cents?”

“Mr. Ahern, I don’t have an answer for that,” Kline said. “Nobody does.”

“Right,” said Ahern. “It’s priceless.”

“He’s got kind of that salesman mentality,” Benson said Wednesday, standing in the wings of the Senate. “Don’t let ‘em go until you’ve got the order.”