Pago Pago, AMERICAN SAMOA — An Administration bill to amend the ASG Code Annotated to extend the time an individual’s driver’s license may be suspended after refusing to be tested for driving under the influence — for both drugs and alcohol — was discussed during a House Public Safety Committee hearing yesterday morning. It was chaired by faipule Avagafono Tuavao Vaimaga Maiava.

Government officials who appeared before the committee to testify included Police Commissioner, Lefiti Aitulagi Pese, Deputy Attorney General Roy Hall Jr and LBJ Chief Medical Doctor Iotamo Saleapaga.

According to the bill, drug and alcohol impaired driving presents a serious threat to motorists and pedestrians on public highways.

Section 22.0707 makes it unlawful for anyone to drive a motor vehicle on a public highway while under the influence of intoxicating liquor, any narcotic drug, or any other drug, to a degree which renders him incapable of safety driving; and the current Implied Consent chapter of Title 22 does not provide for Implied Consent testing when a person is under arrest for drug impaired driving.

The Consent to test, the section 22.0601 of the A.S.C.A is amended to read that a person who operates a motor vehicle upon the highway of American Samoa is deemed to have given consent to a chemical test of his breath, blood, urine or saliva for the purpose of determining the alcoholic content of his blood if arrested for driving a motor vehicle while under the influence of intoxicating liquor, “any narcotic drug, or any other drug, to a degree which renders him incapable of safety driving.”

Section 22.0608 of the A.S.C.A is amended to read: “The Administrative Law Judge shall notify the reported person by personal service or by mail of the intention to suspend his license, permit or privilege to drive for a period of 12 months for the first suspension — if this is the second or subsequent suspension, the suspension shall be for life.”

THE HEARING

Deputy AG Hall Jr testified that the current statute clearly states that the period of suspension for the driver’s first refusal to test is 90 days, and the second refusal is for 12 months.

However, after discussion with some of the lawmakers regarding the statute, the Administration decided to accept their recommendations and amend the law from 90 days to 12 months for the first refusal, and the second refusal is permanent or for life.

“These amendments were based on the advice from lawmakers and the aim is to take this person off the road and to make sure our people and the community are safe on the road,” Hall Jr said.

He further clarified that the law is specific to the driver — not the passenger.

Members of the committee were fully supportive of the bill, however, some of them voiced their concerns over the punishment of a person who refuses to take the test.

Rep. Mike Asifoa said the punishment of a life time suspension for the second refusal is too harsh. His concern is for the young ones who make mistakes but as they grow up, they change their lives and their mindset, but the damage is already done.

“My concern is the 21-year-old driver who loses his driver’s license permanently. How is this person to live his/ her life without a driver’s license,” Asifoa asked.

“Suspending someone’s driver’s license from 90 days to a lifetime is not fair. We’re talking about the whole life of a citizen who’s not allowed to drive a vehicle for the rest of his/ her life.”

In response, Hall Jr, said that the motive of the bill is to send a strong message to all drivers who drive under the influence of alcohol that the government is serious about these violation.

“You have the power to accept the amendments or not. Our role is to hand over to you the work, and you will do the final work,” Hall Jr, said.

Vice Speaker of the House, Fetui Fetu Jr echoed Asifoa’s comment, saying that the penalty must be fair and a person must get another chance in life.

Fetui also stated that one of the concerns he has is the lack of a treatment plan by the government for people when they are released from jail, especially those with drug and alcohol problems.

According to Fetui— a veteran lawmaker and a former cop, the role of the government is not only to make laws to protect the lives of its people, but also to provide programs to benefit its people and rehabilitate those who have drug and alcohol problems.

Ituau faipule Logoituau Atafua said the bill will take away the individual’s constitutional rights.

Another concern raised during the hearing was the enforcement of the law.

Faipule Vailiuama Steve Leasiolagi wanted to know whether the Department of Public Safety (DPS) has enough equipment to conduct a breathalyzer test for the driver suspected to be under the influence of alcohol and how this equipment is being monitored and kept. He said the result from the equipment must be accurate.

Faipule Lua’itau Gene Pan queried the Police Commissioner whether the police force has enough certified officers who can conducted these tests.

Manu’a #1 faipule Alumamalu Filoiali’i Ale raised the same concern regarding the equipment and the enforcement of the law.

He told a story about an incident where his son was arrested and taken into custody because he was suspected of driving under the influence of alcohol. According to Alumamalu, there was no breathalyzer test conducted on the scene to determine whether his son, the driver of the vehicle was under the influence. The officers made the decision based on their observation and took his son into custody.

A few moments later, officers were able to obtain the equipment to conduct the breathalyzer test and the result was 0.0. His son was not under the influence of alcohol.

Logoituau shared a similar story. His vehicle was pulled over by a “rookie police officer” in Aua and he was immediately taken into custody under the assumption that he was driving under the influence of alcohol. There was no breathalyzer test conducted on him by the officer.

Out of respect for the officer, he decided not to complain but to comply. He was also taken into custody where he was later released after it was confirmed that he was not under the influence of alcohol.

The committee will continue to discuss the amendment at a later time before the bill is reported out to the House for its second reading.