Drinking and driving...

[V8 Beast]

What do you think the penalties should be for being caught drinking and driving?

 

Current laws

 

Depending on previous DUI offenses, fines can range from $200 to $10,000. Jail time ranges from three days to one year. Fines and jail sentences are as follows:

 

First offense: Fine-$200 to $1,000; ALS for 90 days for .10% BAC or above; ALS for test refusal is one year license suspension; Jail-minimum of three consecutive days or three-day driver intervention program; Court license suspension is six months to three years

 

Second offense: Fine-$300 to $1,500; ALS for one year for .10% BAC or above; ALS for test refusal is a two-year license suspension; Jail-minimum of 10 consecutive days or five days and minimum of 18 consecutive days of electronically monitored house arrest (EMHA), up to a maximum of six months; Discretionary driver's intervention program; Vehicle immobilization and plates impounded for 90 days; Court license suspension is one to five years

 

Third offense: Fine-$500 to $2,500; ALS for two years for .10% BAC or above; ALS for test refusal is a three-year license suspension; Jail-minimum of 30 consecutive days to one year-Alternative sentence is 15 days of jail plus a minimum of 55 consecutive days of EMHA combined, up to a maximum of one year; Mandatory attendance in an alcohol treatment program paid for by offender; Vehicle immobilization and plates impounded for 180 days; Court license suspension is one to ten years

 

Fourth offense or more or motor vehicle-related felony: Fine-$750 to $10,000; ALS for three years for .10% BAC or above; ALS for test refusal is a five-year license suspension; Jail-minimum of 60 consecutive days to one year; Mandatory drug/alcohol treatment program paid for by offender; Vehicle forfeiture-mandatory criminal forfeiture of vehicle operated by offender, imposed by the court; Court license suspension is three years to permanent revocation

 

License suspension

First offense First offense 90 days suspension

2nd in five years 2nd offense in six years 1 year suspension

3rd in five years 3rd offense in six years 2 years suspension

4th in five years 4th or more in six years 3 years suspension

 

Do you think this is enough... not enough???? What do you think about applying these same exact penalties for street racing?

Edited August 26, 2009 by V8 Beast

[V8 Beast]

I think the laws are already a bit stiff unless someone is obviously wasted. I know I can have 2-3 beers and get home fine, but that would net me a dui if caught.. the same as if I were really drunk. I don't think that's necessary. I guess like you said it depends on the blood alcohol level and history.

 

1st offense

-$250 to $2000 fine based on your blood alcohol level and driving history.

 

2nd offense

-License supended for up to 1 year based on blood alcohol level and driving history

-$500 to 3000 fine based on blood alcohol level and driving history

-Party plates on your car for up to a year. Allowed to drive to work, but at any point in time an officer can pull you over to see if you are going to work. Additional fines are enforced every time you are caught abusing your driving priviledges.

 

3rd

- License supended for 3 years

- Car sold at an auction. (Profits go to various victims of drunk driver charities)

- Up to 1 year in Jail

- $5000 -10,000 fine based on the time frame between drunk driving occurances.

 

This is what I had posted that Brian is talkin about. This is what I thought would be better to work off of.... I dont think 4 + offenses should be allowed. Even someone that has a high tolerance should stop driving after drinking if they have been warned twice ya know.

[BloodRed]

First time, take the car and license and shred both and mandatory jail time! Do not pass go, do not collect shit. If you have a second time you meet old sparky.

 

I have lost to many friends to people that have "just had a few drinks." F them all!

[Scotty2Hotty]

.08 BAC is honestly bullshit. For most people, that equates to 1 beer, 1 shot, or 1 glass of wine per hour. I can't think of a single person who's judgement is impaired after 1 drink. I think the laws are perfectly fine the way they are at the moment.

[TurboNova]

you can still be impaired with under .08 alcohol effects people differently. You could be charged with the impairment charge and not the per se and the penalties are the same.

[Ramsey]

you shouldnt be able to ever get your license back after 3 duis.

[Aaron]

First time, take the car and license and shred both and mandatory jail time! Do not pass go, do not collect shit. If you have a second time you meet old sparky.

 

I have lost to many friends to people that have "just had a few drinks." F them all!

 

Agreed. Once is too many times.

 

1st: 1 year license suspension and 5,000 fine if over the legal limit along with 10 days in jail.

 

2nd: Lifetime license ban, 10,000 fine and 30 days in jail.

 

 

My 2 brothers have 3 combined DUI's. So its not like this doesn't sit close to home. However if you lawyer up, its about 5k anyway, so my fines are not out of the ordinary for this anyway.

 

Bus pass or something, I don't care.

[RyM3rC]

Well, we should build an autobahn and then enact Germany's DWI laws. Makes sense right?

 

Stiffer penalties will get results. If you lost your license for life after one, I bet that would put a serious dent in DUIs. Shit, if they cut your foot off for getting caught speeding, nobody would do that either!

[Crossle]

Refer to street racing laws, both driving drunk and racing have the same results of causing accidents, if anything they should be stiffer than street racing.

 

Edit-I am not totally familiar with street racing repurcussions and the law.

[RangerTurbo]

The three strike rule is too lenient, the hell with 4, what do the lawmakers honestly think will be learned after the fourth time being caught that they didn't learn from the first three times?

 

One strike above .10% and you're driving privilege should be gone for life.

[HotCarl]

The only part I might dissagree with is the automatic license suspension if you refuse the breathalizer test. The way I look at it, the test is simply to gather enough evidence for the state to convict you at trial. Why should there be a penalty at all if i or anyone else wants to refuse such test. If the arresting officer cant gather enough evidence with one of the many different field sobriety test's available and if its not blatantly obvious the person is intoxicated then maybe they shouldnt be arrested (I hate to sound like devils advocate).

[mrtbolt64]

There is to much money to be lost by not giving the license back.

 

Reinstatement fees

Insurance fees

Court costs

Lawyer fees

Alcohol couselors

 

Its a bussiness regaurdless of what you might think, take the license away and those 5 things now lose out on money. Ask any defense lawyer if he feels guilty about the money he makes from his clients. Keyword here is Money

[Rustlestiltskin]

First time, take the car and license and shred both and mandatory jail time! Do not pass go, do not collect shit. If you have a second time you meet old sparky.

 

I have lost to many friends to people that have "just had a few drinks." F them all!

 

+1. Fuck all drunk drivers. Hope they burn in a car somewhere in a ditch

Edited August 27, 2009 by Rustlestiltskin

[V8 Beast]

Shit, if they cut your foot off for getting caught speeding, nobody would do that either!

 

Wrong! If that happened the name of this site would be onefoot.com

[mseebs]

first time - 6 month license suspension 5k+ fine

 

second time - 2 year suspension 10k+ fine (i believe 2 year would be acceptable because some people do 'grow up'. especially if they got these during their younger days. early 20s.

 

third time - permanent suspension. 20k+ fine

 

if the cause of an accident do to dui. automatic permanent suspension + jail time.

 

thats what i think

[Wonderboy]

.08 BAC is honestly bullshit. For most people, that equates to 1 beer, 1 shot, or 1 glass of wine per hour. I can't think of a single person who's judgement is impaired after 1 drink. I think the laws are perfectly fine the way they are at the moment.

 

+1

[TTQ B4U]

.08 BAC is honestly bullshit. For most people, that equates to 1 beer, 1 shot, or 1 glass of wine per hour. I can't think of a single person who's judgment is impaired after 1 drink. I think the laws are perfectly fine the way they are at the moment.

 

One drink isn't going to put most people at .08 Maybe a 90lb girl on an empty stomach. According to the National Institute on Alcohol Abuse & Addiction it takes 2-3 beers for a 140-180lb male, but that at even .05 you are noticeably impaired.

 

I know that one drink or beer won't hardly bother me unless I'm starving. 2 drinks in one hour and I won't drive as I know I can feel it, even if slightly.

 

I believe in the "one drink is too many rule" though. Just not worth it when it comes to such a life changing or life ending risk. Not worth it at all. I think the .08 is fine but that the punishments are too light.

[Mr. Jones]

1st Time: Lose car & License

2nd Time: Cop is allowed to pull weapon and save society the expense and bother.

3rd Time: Well, there wont' be a 3rd time now will there.

[Billiumss]

Too many people drive way over the limit, I know countless of people that do it, friends and family and I tell them my thoughts on it. Too many innocent people die everyday to these azzholes that don't know when enough is enough.

 

1st Time - $2,000 Fine and a week in Jail

2nd Time - $10,000 Fine and 1 month in Jail, lose car and license for 1 year

3rd Time - $50,000 Fine and 5 years in Jail, never aloud to drive again

 

 

The you have the f!ckers that don't drive without insurance.

 

1st Time - $1,000 Fine and 1 week in Jail

2nd Time - $5,000 Fine and 1 month in Jail

3rd Time - $10,0000 Fine and 1 year in Jail

[sciongirl]

im not 90lbs.. but i have a higher tolerance for alcohol now and one beer wont do anything for me but given my height and weight it would probably put me over the limit.

 

i think the laws are fine for now but i agree the 4th time!? srsly.. if you get caught on the 4th dui, you have a problem and need serious jail time, even if its to keep you from getting behind another car without a lic... god knows people dont care if they lose their lic or car, they will do it again.

[cptn janks]

The only part I might dissagree with is the automatic license suspension if you refuse the breathalizer test. The way I look at it, the test is simply to gather enough evidence for the state to convict you at trial. Why should there be a penalty at all if i or anyone else wants to refuse such test. If the arresting officer cant gather enough evidence with one of the many different field sobriety test's available and if its not blatantly obvious the person is intoxicated then maybe they shouldnt be arrested (I hate to sound like devils advocate).

 

really its not gathering "enough" evidence, its gathering THE ONLY evidence they have to convict you. field sobriety tests dont prove anything. you could just be some asshole who slurs his speech and doesnt know where his nose is. to be convicted in court they have to prove that you were over the legal limit, and the ONLY way to do that is with some sort of breath or blood test.

 

they put that ALS on there to "scare" you into taking the test.

[GonneVille]

1st offense: minimum $1,000 fine, minimum 5 days jail, license revoked for 3 months, vehicle immobilized for same IF OWNED BY DRIVER, party plates for 3 years, "DUI" marking on driver's license for same, 30 days community service.

 

2nd offense: minimum $5000 fine, minimum 30 days jail, license revoked for three years, vehicle confiscated if owned by driver, and sold at auction. If not owned by the DUI driver, vehicle immobilized for 30 days unless reported stolen and charges filed(people should be more careful who they lend a car to...). Party plates for 10 years, "DUI 2nd offender" on license for ten years, 120 days community service.

 

3rd offense: 5th degree felony, minimum $30,000 fine, up to three years prison time, car confiscated and sold at auction REGARDLESS OF OWNER UNLESS REPORTED STOLEN AND CHARGES FILED, license revoked for life. If driver is caught driving at any point in his life, penalty doubles for each repetition.

 

And by community service, I mean roadside trash pickup while wearing a screaming bright pink jumpsuit with "DRUNK" on it front and back and down either leg in reflective silver lettering.

 

For the immobilization or confiscation of the car, if it doesn't belong to the driver, then they are liable for all expenses incurred by the owner.

 

Also, along with the DUI marking on the driver's license, I want a wide yellow border for the first offense, and a red border for the second offense. I also want a law written that would REQUIRE showing ID for EVERY sale of alcohol, and prohibit sales to anyone with those markings on their license, with heavy penalties for establishments that violate that law, as well as for anyone who buys alcohol for an offender. No, it's not "Big Brother" or "Nanny State" ism. It's PUNISHMENT. You fuck up because you're drunk, you lose the right to buy alcohol.

 

 

And if you injure or kill someone while driving drunk...oh, yeah, you're fucked. No "vehicular" this, or "negligent" or "involuntary" that...injure someone, you get aggravated assault with a deadly weapon. Kill someone, you get 1st degree manslaughter.

[GonneVille]

BTW, while I am deadset against DUI checkpoints on Constitutional grounds, I have ZERO problem with the .08 limit. If you get pulled over, it's because you were doing SOMETHING that tipped an officer off, so don't give me the crap of not being affected by whatever amount of alcohol.

[Cordell]

First offence- $1000 fine, plus a suspension and probation based on how far over you are. .08 and get 30 days suspension, and a year probation. .10 get 90 suspension and two years probation

Second offence- $2000 fine, 30 days in jail, two years probation, one year no licence after jail term

Third offence- you're done, car is taken, licence suspended for life, six months in jail, and five years probation

 

If you're ever found to be impaired and cause an accident, you jump straight to strike 3.

[Trouble Maker]

really its not gathering "enough" evidence, its gathering THE ONLY evidence they have to convict you.

 

IMO they should use the breathalyzer test to 'arrest' you, intimidately take you to county where the draw blood on the spot and then only the blood sample is allowed as evidence. Convicting someone of a .08 BAC by breathalyzer is BS.