Let’s legalize drunk driving

February 5, 9:44 PMDenver Cycling ExaminerGary Koenig

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Rep. Frank McNulty

Rep. Frank McNulty, R-Highlands Ranch, didn’t actually say that in the Colorado State House last Tuesday, but his vote against a bill to ban certain uses of cellular phones while driving may have a similar effect. Numerous studies, some going back as far as 1997, have concluded that talking on a cell phone while driving results in a level of impairment very similar to that induced by a blood alcohol level of 0.08 percent or more, the minimum level that defines illegal drunk driving in most U.S. states. Why our state legislators continue to tolerate an activity as unsafe as drunk driving would be a mystery had we not already experienced the fights waged around the country trying to get drunk driving itself banned over the past 50 years. Back in those days there were plenty of legislators like Rep. McNulty who thought that banning driving while drunk was an infringement of inalienable rights.

A bill to ban certain aspects of cell phone use while driving was introduced by Rep. Claire Levy, D-Boulder, and pleas in support of it before the House Transportation and Energy Committee on Tuesday brought some of the legislators to tears. The bill moved on to the entire house by a 9-2 vote, but Rep. McNulty was obviously not moved by the emotional supplications of Shelley Forney, whose daughter had been killed late last year by a driver who was allegedly busy sending a text message at the time. After the wrenching testimony, Rep. McNulty had this to say: “My problem here is that we're picking out one distraction because it's politically expedient to do so. This is no more dangerous than eating a Big Mac or putting on make up in the car." And with those words the fine Representative sent out a strong endorsement for drivers to put on make up while driving.

I’m not a ban fan, no matter what the topic is, but I speak as a bicyclist who has recently been hit by a distracted driver and who has watched with horror as the death toll of bicyclists and other non-motorized groups has begun to rise, very clearly as a result of the ever increasing number and variety of distractions being indulged in by drivers every day.

This insanity has got to stop. How many more deaths and serious injuries do we need to suffer before we take a strong stand and say unequivocally to all drivers: “It is criminal to drive while distracted!”? The libertarians amongst us will sniff and say that rather than banning cell phones we just need to get everyone to behave while driving. We have thousands of years of history to prove that laws protecting society as a whole from the inhuman actions of others are absolutely necessary. But rather than banning cell phone use now, and then banning watching TV while driving in a year and outlawing playing multi-player on-line virtual games from an iPhone a year later, we need to come up with language that makes it very clear that you have no right to drive while distracted and if you choose to do so, you can be stopped, arrested and fined. But even more, if you are involved in an accident while driving distracted and in that accident someone is harmed or killed you are going to jail.

I know this is a Quixotic pursuit. Our legislatures do not have the guts to pass laws that protect us from the distracted idiots out there. So the death toll will mount until finally these men and women who we elect and pay to watch out for us will finally be forced to do their jobs. I’m sure Rep. McNulty will never join the cause. He may not be for legalizing drunk driving, but he sure as heck wants you to take advantage of drive time to get your makeup on right.