Roughly one year ago, 17- year-old Juan Carlos Dominguez Palomino was turning his Chevrolet Camaro onto East Colfax Avenue in Aurora when a drunk driver slammed his SUV into the driver’s side door, tragically killing Juan Carlos. Aside from the vehicular homicide and reckless driving charges, the driver was charged with driving under the influence — for a fourth time.
If four DUIs are alarming, consider there are drunk drivers sharing our roads today convicted of driving under the influence 10, even 15, times.
Colorado is one of only five states without a felony DUI statute, meaning district attorneys must prosecute a third or a 20th DUI the same as the first. Ultimately, regardless of the previous number of DUI convictions and blood alcohol content, the charge can never be more than a misdemeanor.
This year, I am again carrying legislation that would establish a felony DUI statute in Colorado. House Bill 1043 gives district attorneys the option to prosecute a fourth in a lifetime as a Class 4 felony.
While this bill has received broad support, some members of the legislature are concerned Colorado may not be able to afford this legislation. I am here to tell you we can.
Since fiscal year 2008-09, our general fund revenue has grown by more than $2.8 billion, or approximately 43 percent. The Taxpayer’s Bill of Rights has helped keep our tax rates low, our state government lean, and allowed our economy to surge, becoming one of the fastest growing in the nation. In fact, for the first time in 15 years, our state tax revenue actually exceeded our constitutional limit, prompting potential taxpayer refunds.
That means Colorado can afford a felony DUI law, and any attempts to dispute this reflect a lack of prioritization, not a lack of funding.
Fiscal analysts have determined the bill would cost approximately $1.4 million next year. With the fiscal year 2015-16 budget expected to be close to $10.3 billion, the relatively meager cost of felony DUI should not in any way prevent this legislation from becoming law.
Simply put, there is no logical reason a public safety bill this important should not be at the top of every legislator’s list and promptly reach the governor’s desk this year.
State Rep. Lori Saine, a Republican, is the ranking member of the House Local Government Committee.
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