I write to notify you of a glaring loophole in U.S. law regarding
intoxicated drivers at U.S. land border ports of entry. Currently, U.S.
Customs and INS inspectors working at the U.S. border have no authority
to take drivers who are under the influence of alcohol or drugs into
custody, no matter how impaired they may be. When asked what happens
when a drunk driver appears at the border, one INS officer responded,
"We let them go on a wing and a prayer." As a result, those living and
working near the border face the constant threat of drunken drivers
crossing the border and driving on U.S. roads. Last year, a Highway
Patrol Officer on duty in California was killed by a 20-year-old college
student returning from a night of drinking in Mexico.

Hard information on the problem is not readily available. However, the
findings of a major research effort conducted by Robert B. Voas of the
Pacific Institute of Research and Evaluation, on the drinking habits of
those who travel round-trip from San Diego to Tijuana, offers a picture
of the situation. Dr. Voas learned that drivers entering the United
States were twice as likely to be driving under the influence (DUI) than
those driving near the border (7.8 percent compared to 3.2 percent). His
surveys revealed that on an average week, over 1,000 impaired drivers
cross into San Diego from Tijuana, while over 275 minors cross in
violation of Zero Tolerance laws. Multiplying those numbers out, in a
given year, approximately 52,000 motorists pass into San Diego
intoxicated. These numbers involve only **one** of our many land border
ports of entry. Undoubtedly, hundreds of thousands of intoxicated
motorists enter the United States every year. Our national policy of
inaction is truly shameful.

Recently, I introduced H.R. 2155, the Sober Borders Act, to close this
dangerous loophole in U.S. law. My bill empowers border inspectors to
arrest arriving drunken drivers by making it a federal offense to drive
under the influence of drugs or alcohol at land ports of entry. Under
the bill, inspectors would have the authority to detain impaired drivers
at the border, give Breathalyzer tests and confiscate vehicles when
necessary to ensure highway safety. Those in violation of the law would
be subject to federal prosecution. Warning signs alerting drivers to the
new law would be posted at strategic border locations. Currently, the
only recourse border inspectors have is to place drunk drivers under
citizen's arrest and hold them long enough for a law enforcement officer
to arrive. Unfortunately, inspectors often fear a lawsuit for false
arrest if they attempt to do this.

Additionally, should a driver refuse to take the Breathalyzer test, the
U.S. Attorney General's office would be able to contact the state that
issued the license and request license revocation. The bill also
provides for the impoundment of a vehicle of a driver who refuses to
take a Breathalyzer test.

I believe that the terrible damage that drunk drivers impose on society
necessitates the rapid enactment of this bill into law. I have enclosed
a copy of the legislation, and ask that you please contact Margaret
Klessig of my staff at 202/225-2635 with comments or to obtain
additional information. Thank you for your attention to this important
matter.

Sincerely,

JEFF FLAKE

Member of Congress