We need new rules

[jff.law]

Driving under the Influence of alcohol can have huge consequences, among them are, legal, emotional, and financial, possible loss of your job, not to mention the embarassment of being locked up over nite (or longer) in a nasty jail cell. Alcohol is a factor in traffic accidents if you believe what the insurance industry, and MADD say.

The definition of drunk driving is consistent throughout the United States. Every state defines impairment as driving with a blood alcohol content at or above 0.08. The penalties have increased for drinking and driving due to constant political lobbying by political groups such as MADD, the Insurance industry, and trial lawyers. For repeat offenders, the effects can truly be devastating, and can lead to even more problems.

Many state legislatures have passed laws requiring mandatory, serious prison time for repeat DUI convictions, in general, this is the third conviction, and is considered a felony, creating additional problems, like getting a job. The fines have gotten larger, the length of license suspension has been made longer, and getting a “hardship” license just to go back and forth to work is getting more difficult, and in some states this provision is just not possible. In many states, after a felony conviction, drivers licenses are permanently revoked.

The statistics vary wildly across the Internet, and there is no doubt that this is a serious problem, but even the state of California's statistics show that fatalities, and accidents have been decreasing since 1986(1), which is sure to be a direct effect of enforcement, education, and awareness.


So, why do we have such a big push to increase penalties, fines, cost of rehabilitation programs, and revocations if the problem is diminishing? I don't have answers, but I do have some notions and opinions. Plain and simply; its the money generated by the fines (revenue) for the government, the increased premiums for the Insurance industry, the guaranteed income for the industry of mandatory treatment programs, and the income of trial lawyers, who stand to gain the most. Lobbying from all these groups on this subject is constant and contributions from the lobbyists, is public record.

Lets have some rational conversation about all this stuff, you are encouraged to express your opinion here, but there are some simple ground rules;

[diuretic]

Are you a lawyer? Don't freak out at the question, I'm trying to work out where you're coming from.

[glockmail]

Here in NC we've convicted DUI offenders with first degree murder, and pursued the death penalty.


MAY 8, 1997, WINSTON-SALEM, NORTH CAROLINA:

A jury has spared the life of Thomas Richard Jones on Tuesday in the landmark First Degree Murder Conviction for Dunk & Drugged driving crash that took the life of two 19 year old students and injured four others. He was given life in prison without the possibility of parole.

The jury of six men and six women took one hour to decide whether this would also be the first death penalty case for a drunk driving fatal crash.
http://www.dui.com/dui-library/north-carolina

All you DUI'ers, get the message? Don't do it in The South, boy.

[Monkeybone]

maybe it is diminishing because of the harsher penalties. others see what happens to ppl that do and figure that it ain't worth it. no longer do you get a slap on the wrist or driven home. now you get your ass thrown in jail.

[dan]

Obviously, the government is going to take money wherever they can get it.

I think the other thing is that for the vast majority of convicted DUI's, it's an easily avoidable offense. Nobody has to drink, and even if they do, there's usually the option of getting a cab, so the state doesn't really feel sorry for these people. Generally speaking, I don't either.

[manu1959]

go check what the penalty is in sweeden or danmark.....then complain to me...

[Yurt]

1. source

2. vague as to remedies

3. vague as to correlation/reasons for decline

[avatar4321]

Well, I think id have the same amount of work with or without the change. so i dont really care.

[DragonStryk72]

Driving under the Influence of alcohol can have huge consequences, among them are, legal, emotional, and financial, possible loss of your job, not to mention the embarassment of being locked up over nite (or longer) in a nasty jail cell. Alcohol is a factor in traffic accidents if you believe what the insurance industry, and MADD say.

The definition of drunk driving is consistent throughout the United States. Every state defines impairment as driving with a blood alcohol content at or above 0.08. The penalties have increased for drinking and driving due to constant political lobbying by political groups such as MADD, the Insurance industry, and trial lawyers. For repeat offenders, the effects can truly be devastating, and can lead to even more problems.

Many state legislatures have passed laws requiring mandatory, serious prison time for repeat DUI convictions, in general, this is the third conviction, and is considered a felony, creating additional problems, like getting a job. The fines have gotten larger, the length of license suspension has been made longer, and getting a “hardship” license just to go back and forth to work is getting more difficult, and in some states this provision is just not possible. In many states, after a felony conviction, drivers licenses are permanently revoked.

The statistics vary wildly across the Internet, and there is no doubt that this is a serious problem, but even the state of California's statistics show that fatalities, and accidents have been decreasing since 1986(1), which is sure to be a direct effect of enforcement, education, and awareness.


So, why do we have such a big push to increase penalties, fines, cost of rehabilitation programs, and revocations if the problem is diminishing? I don't have answers, but I do have some notions and opinions. Plain and simply; its the money generated by the fines (revenue) for the government, the increased premiums for the Insurance industry, the guaranteed income for the industry of mandatory treatment programs, and the income of trial lawyers, who stand to gain the most. Lobbying from all these groups on this subject is constant and contributions from the lobbyists, is public record.

Lets have some rational conversation about all this stuff, you are encouraged to express your opinion here, but there are some simple ground rules;

The problem is that DUI is actually not just a threat to the person doing it, but it is a danger to anyone around them, and not just drivers, but even pedestrians, because if the car swerves off the road, then they are a likely target.

While I have issue with blue laws that limit the sale of alcohol on Sundays,
and as well, believe that the drinking age should be lowered to 18, like the rest of the adult rights we receive, I do also believe that these punishments for acting irresponsible in ways that can, and often do, lead to the injury and death of others.

These laws do not punish responsible drinkers, effecting only those who are choosing to drive when they are not fit to do so. the idea, I believe, is to make drunk driving prohibitive enough that people stop doing it, if not all together, then to keep it to the minimum amount possible.

The rehab programs, I believe, are an important first opportunity to try and get these people to stop driving drunk, to take responsibility for themselves. If that does not work, then yes, they need to lose the ability to operate a car, just as someone who knocks over liquor stores is going to lose the right to own a handgun. That seems like a very simple truth: If you fail the responsibilities that come along with your rights, then you will eventually lose those rights through due process.

[Yurt]

Well, I think id have the same amount of work with or without the change. so i dont really care.

:lol:

[Mr. P]

Here in NC we've convicted DUI offenders with first degree murder, and pursued the death penalty.

http://www.dui.com/dui-library/north-carolina

All you DUI'ers, get the message? Don't do it in The South, boy.

While here in Georgia, you can't buy alcohol on Sunday to take home an drink, but you can go to a restaurant, drink and then drive home. Go figure.

[glockmail]

While here in Georgia, you can't buy alcohol on Sunday to take home an drink, but you can go to a restaurant, drink and then drive home. Go figure. Same in a lot of states with "blue laws". Here we can't buy distilled bottled beverages on Sunday, but can buy beer and wine after 12 noon. Go figure.

[emmett]

And.........here in Georgia.........if the kid you kill while drinking and driving happens to be mine.............there is a death penalty.....and........you don't have to be burdened with a trial first.