Parent notification retained in DUI tests

CARSON CITY -- The Assembly Judiciary Committee today supported parents over district attorneys.

The committee turned down an effort by district attorneys to avoid parental notification by police in cases where a child is stopped for drunken driving.

The committee, while not taking a formal vote, decided to stick with a 1977 law that requires a law enforcement officer who has stopped a juvenile for drunken driving, to make a reasonable effort to notify the parent before any testing can be done.

Assemblyman John Carpenter, R-Elko, said, "As parents, we need to be involved. If they pick up my 14-year-old, I would want to know."

Committee Chairman Bernie Anderson, D-Sparks, said the reasonable effort means only a telephone call to the parents.

The issue in Assembly Bill 165 pitted district attorneys against the Nevada Parent-Teachers Association, Nevada Eagle Forum and the Independent American Party.

Sue Edmondson, a deputy district attorney in Washoe County, said the elimination of the parental notification law "is not as radical as it seems." Prior to 1997, there was no requirement the parent be informed before a blood alcohol test is taken.

Under the present law, she said there is no right to refuse a test. So the notification of the parent only delays the test. And she said it could result in a legal challenge and suppression of evidence.

"It raises concern the parent may try to stop a test which they can't do," she said. "Kids are notorious about driving and drinking," adding they have been responsible for many injuries and deaths.

A memo from the office of Clark County District Attorney Stewart Bell said that requiring a reasonable effort to contact the parent before administering the test will only delay and not prevent the test. And the parent is notified when a child is put under arrest.

Loretta Everson of the PTA said parents have the legal responsibility for their children. And an adult must be able to advise what is best for his child.

"We know the rights and consequences," she said, as opposed to children who do not.

Janine Hansen, president of Eagle Forum, said "It's a good thing to keep parents in the loop. It helps parents to be more responsible."

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