Georgia has passed a felony-level DUI charge for repeat offenders who have received four convictions in the previous 10 years. Currently, Alabama has a five year 'look back' and a conviction older than 5 years generally isn't considered by the courts. Illinois has enacted legislation requiring ignition interlock (breathalyzer type) devices for first offenders. On January 1st, California's latest DUI law went into effect, dropping the blood alcohol content (BAC) at which an ignition interlock device may be required and mandating that anyone on probation for DUI cannot drive with a BAC of even 0.01. The trend is obvious; stricter standards and harsher punishments. With legislation in the works for February 2009 in Alabama, it remains to be seen which of these laws will be emulated. Currently 7 other states besides Illinois (Alaska, Arizona, Colorado, Louisiana, Nebraska, New Mexico and Washington) require ignition interlock devices (IID) for first-time drunk driving convictions. Mother's Against Drunk Driving is pushing hard to make this a requirement in all states. On their website they claim a 64% reduction in repeat offenses with this technology when combined with treatment and hard license suspensions. They have issued a 'call to action' for citizens of Alabama to support laws mandating IIDs for any DUI conviction.
Legislative bodies are particularly prone to adopt behavior modification by way of increased penalties. It is an easy way to gain votes as a 'law and order' politician and satisfies the demands of MADD. Unfortunately, the unintended consequences for those convicted and their families can be quite severe. Transportation is essential for anyone trying to hold a job, IIDs are expensive to install and maintain, and a first offense doesn't necessarily indicate an alcohol addiction. How do you explain to your employer that you can't make it to work because your ignition interlock is malfunctioning? The human tendency is to assume you are drinking.
Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Auburn, Alabama DUI drunk driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .
1 comment:
Yes, DUI laws are tricky things. As you mentioned, Washington DUI penalties are very harsh for first time offenders. The current economic climate in combination with the high cost of ignition interlock devices and social stigma of having been convicted of DUI all do not bode well for a first time offender. The complications you mentioned such as getting to work and back - not to mention possibly losing your job as you serve your jail time or electronic home detention may have unforseen negative social consequences on the local community.
Thanks for taking a closer look at this situation. No one wants people to injure or God forbid, kill, another person while driving under the influence, but extreme penalties may not be the best answer.
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