Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-05-20
Consent
In Drunk Driver
Tests Attacked
Clark King Is One
Opponent of Plan
Before Senators
BY ALEX r. PRESTON

was Clark King, assistant cor
poration counsel, who has beer
prosecuting driving cases
in Municipal Court for the last
IA years.
Under the implied consent Sec
ton Of the bill, any person-re-
CARELESS of whether he is a resi-
dent Of the District of Columbus
who operates a vehicle here
shall be deemed to have given hi;
consent for a chemical test Of hi.
blood or urine.
Mr.. King strongly Endorsed
however. the first section Of the
bill, introduced by Senator Morse
Democrat of Oregon, which woulC
bring the District under a uni
form law setting a statutory pre-.
sumption Of the guilt or inno-
cense based on alcoholic content
Of the body fluids.
RefusaIs Called Rare
Most drivers will agree to
submit to a test at the time OF
their arrest" Mr.. King told the
Judiciary subcommittee Of the
Senate District Com m lite e.
headed by Senator Clark. Demo-
crat Of Pennsylvania. I'm very
rare exceptions will you get q
refusal.
"As far as I'm concerned, the
refusal Is just about as i'm
portant to me Gas prosecutor
before a jury as is the test"
The District Bar Association
at first declined to indorse the
bill which was cleared by the
Senate at the last session. Since
then the bar has Endorsed that
portion Of the measure which
sets up the statutory presump-
ton Of guilt or innocence.
"All I need" Mr.. King told
the committee. lis the statutory
presumption. The mandatory
phase Of the bill is not needed. "
/ Deputy Chief John j. Agnew
of the Trafic Bureau said some
rs States have enacted various
forms Of chemical test laws
while the Legislatures of IL
Others are considering them
The Virginia General Assembly
adopted such a law. sponsored
by Delegate Harrison Mann OF
Arlington in 1856. Chief Agnew
said four States and Puerto Rico
already have the implied consent
law on their books.
| Various Prescriptions Made
| Under the statutory presump-
ton feature of the bill which was
unanimously approved by all wit
nesSes today. a person would be
presumed innocent If the alco-
holic content of his blood was
.05 per cent or less. or Of his
urine. .08 per cent or less.
He would be presumed under
the influence If the content of
his blood was rs per cent or
more. or Of his urine, 20 per
cent or more.
For the range in between there
would be no presumption either
way and the finding would be
left to determination from other
evidence.
DR.. Oscar B. Hunter, jr.. a
District pathologist who does
much police work. was asked oy
Senator Clark If the percentages
took into account an individuals
tolerance for alcohol.
Out Of more than 1000 per-
sons examined. DIR. Hunter re-
piled, none with a content over
is or 20 per cent was found
without slowed up reactions"
Questioned on Knotty Phases
DR.. Hunter was questioned fur
lther by the chairman on other
knotty phases Of the problem
which have plagued legislators
in the States. He gave as his
opinion that 1t would require
between six and eight ounces"
to produce the effects Of intoxi-
cation on "the average person of
$50 pounds"
"Are you speaking Of 100 proof
whisky?" Senator Clark inter-
iected with a smile.
Somewhat later in the hear
ing. DR.. Hunter included another
factor in response to a question
He said the six or eight ounces
would have to be consumed
within a relatively short time
about an hour" Also 1t woulC
make a difference whether the
accused had an empty or a full
stomach, he said.
I Ross Netherton. legislative
representative Of the national
organization. the American Auto
mobile Association. favored the
bill without the implied consent
feature. Arthur Miller, OF the
advisory board Of the District
AAA, however, said the local
group favors both aspects Of the
measure.
One Question Unanswered
Senator Javits, Democrat of
New York, said he was in favor
Of the legislation but was
troubled over the implied consent
language In the bin.
Suppose a man is so drunk
he's non compos-and doesn't
know whether he refused TO sub
init to a test. What happensP-
/ mean when he doesn't know
the difference between yes and
no."
Robert r. Kneipp. assistant