Quantcast

Do you believe drunk driving laws are unfair?

MichaelJ 2011/04/16 16:31:38
Related Topics: Family, Income, Crime
You!
Add Photos & Videos
I'm sure I will get some knee jerk reactions from this post but perhaps there will be a few that can understand this concept. Currently driving under the influence laws are completely unfair! How could that be? If you are of slight stature and you meet your parents for dinner, you have two glasses of wine with your dinner. On the way out of the parking lot you are in accident. The police come and they decide to test both drivers involved with the accident. You blow into the test device. You register .0001 %
over the limit and are arrested for drunk driving.

There is another accident by someone else. They are tested for drunk driving and they test at three times the legal limit. Under current law in most states those crimes rate exactly the same punishment. Does this system make any sense or even more important is it fair? In my opinion there should be different levels and punishment allotted for DUI related to the actual crime itself.

Mothers against drunk driving, an organization started by mothers and I suppose others that have lost loved ones to drunk drivers has become a fanatical organization.

Oh! I should mention here that I don't and never have been a drinker. I have never and none of my loved ones ever been arrested for drunk driving.

I have known people who have and at least in one case know that the person convicted was in no way even mildly impaired when arrested for microscopically testing higher than the legal limit. What was the result of his dastardly crime of drinking two beers while at a BBQ at the local park? The loss of his well paying job and eventually the loss of his families home because of the loss of income. Does his crime meet the punishment? Only a true fanatic would think so.
Add a comment above

Top Opinion

  • DAMM 2012/08/09 13:07:51
    Yes they are too severe in some cases.
    DAMM
    +4
    Off duty cops drink and drive and are almost never arrested when they are stopped. Judges and politicians and their families have almost complete immunity to the DUI laws!
    So why are we the people treated with such unconstitutional contemp for driving with a few beers in us? 35% of all trafffic accidents are caused NOT by drinking, but by distractions such as texting while driving. And there is NO punishment other than the usual traffic violation if a distracted driver causes an acccident.

    The DUI laws are nothing more than racketeering and a money-grab that the states have taken to the full limit of thier ruthless lust for stealing money and rights from thier citizens.
    MADD moms untruths, lies, and exagerations of the facts such as the ridiculous "alcohol related" statistic fuel the fire. MADD moms and their quest for total prohibition must be stopped! Please help to fight these horrible, unconstitutional DUI laws. We need to return the power to the millions and millions of people who safely drive after a few drinks!
    And punishment should only be applied to someone who does something WRONG while driving under the influence. Safely driving with alcohol in your blood stream should NOT BE A CRIME!!!!!! Stop the insanity of these horrible and excessive and costly punishments doled out to citizens who have done nothing wrong while driving..

Sort By
  • Most Raves
  • Least Raves
  • Oldest
  • Newest
Opinions

  • Gregaj7 2013/08/31 04:16:22
    Yes they are too severe in some cases.
    Gregaj7
    +1
    It has never been about "fairness". It has always been about politics and Commerce. The more folk are imprisoned, the more Bonds are issued, the more "money" is made, the more commerce churns.
  • Katfish 2013/08/31 03:38:47
    Yes they are too severe in some cases.
    Katfish
    +1
    Most of the Highway patrol officers are only searching for one thing from 10pm to 4am; that is someone to fail the BAC test.
    Notice that I did not say "erratic, wreckless or dangerous drivers" because they dont care about that.
  • DeeB 2013/08/27 17:59:26
    Yes they are too severe in some cases.
    DeeB
    +2
    Absolutely. I don't think anyone should be arrested for drunk driving unless they have committed a crime, for one and for 2 how do they think they can take away peoples right to own guns for getting a DUI????
  • MichaelJ DeeB 2013/08/28 05:16:46
    MichaelJ
    +1
    DeeB,I hadn't considered things like that but I'm sure it's true. I don't know what it is about our country but it seems that we always go over board with everything we do. Most things like stopping people from driving drunk start out fairly reasonably but it quickly changes from that to where the law is more damaging to society as a whole that what it is designed to prevent.
  • DeeB MichaelJ 2013/08/28 15:28:09
    DeeB
    +1
    Very well stated MichaelJ and I totally agree with what you say. Where government is concerned, you give them an inch they will STEAL a mile!
  • stevmackey 2013/08/27 10:37:26
    No! They need to be punished as much as possible!
    stevmackey
    +1
    In most states, driving is a privilege, not a right.
  • DeeB stevmackey 2013/08/28 15:32:34
    DeeB
    +1
    They can say whatever the hell they want, but as Americans we all have the right to travel and it is not a privilege. And we are not even supposed to have licenses or any of the crap associated with travel. They are using Maritime law which is for the sea and only Drivers as in truck drivers or taxi drivers are supposed to be licensed, those that make a living from it.
  • stevmackey DeeB 2013/08/29 01:45:07
    stevmackey
    +1
    It does not work that way.
  • DeeB stevmackey 2013/08/29 03:51:50
    DeeB
    +1
    It is how it is supposed to be.
  • deidara.true,art-[SHP] 2013/08/27 09:23:12
    Yes they are too severe in some cases.
    deidara.true,art-[SHP]
    +1
    IN SOME CASES

    I have bartended for over 30 yrs. Do not drive drunk, and just because you do not feel drunk does not mean you are not. If you plan on going out partying bring a driver, call a cab, set it up with a friend to pick you up, or just plain walk.

    Now the blood alcohol average is to low, it needs to be changed.
  • ✿✿✿RoseD1st✿✿✿ 2013/08/27 05:51:54
    Yes they are too severe in some cases.
    ✿✿✿RoseD1st✿✿✿
    +2
    Yes I agree! Post your petition on twitter that may help!
  • TheTruth1313 2013/08/27 05:51:45
    Yes they are too severe in some cases.
    TheTruth1313
    +2
    I'm actually not against drunk drivers being held responsible and being punished for doing something that is so stupid and dangerous. However, the current blood alcohol levels that actually define a person as being intoxicated are far too low. A person can easily be sober and still fail those levels. Also, "buzzed" driving IS MOST CERTAINLY NOT the same as drunk driving.
  • Peewee ~PWCM~JLA 2013/08/27 05:28:35
    Yes they are too severe in some cases.
    Peewee ~PWCM~JLA
    +3
    In MI, our former Dem. Gov. Grandholm made the brilliant decision to give the Secretary of State (motor vehicle registrations & tags, vehicle titles & tags,drivers license agency) the power to decide who drives and who doesn't. Have a friend who got a 1st violation, the judge suspended her drivers license for a year. When she went to get it back, she had to schedule a hearing with the SOS, They denied her request and she can't reapply for another year. She lost her job over it....they gave her the year but couldn't do two. So she's stuck on this little hamster wheel and can't get off. It's like double indemnity. I'm all for appropriate sentences, but to give a licensing agency power like that above and beyond someone sentence? That's so wrong. Thank you Jennifer.
  • MichaelJ Peewee ... 2013/08/28 05:17:29
    MichaelJ
    +1
    I don't know what it is about our country but it seems that we always go over board with everything we do. Most things like stopping people from driving drunk start out fairly reasonably but it quickly changes from that to where the law is more damaging to society as a whole that what it is designed to prevent.
  • Peewee ... MichaelJ 2013/08/28 05:32:26
    Peewee ~PWCM~JLA
    Drunk driving is never a good thing...but to allow a self-serving bureaucracy the power to deny a license above and beyond a prescribed sentence is just plain wrong.
  • InterlockDeviceFraud 2013/04/10 06:24:41
    Yes they are too severe in some cases.
    InterlockDeviceFraud
    +2
    Sign my petition on the white house website to let the President know about the outrageous alcohol interlock device situation.

    https://petitions.whitehouse....
  • melanie Interlo... 2013/08/27 00:39:23
    melanie
    I see that you did not get enough signatures. Try it again on the NMA forum, they are working on a petition too. Maybe the combination of signatures can get some attention.
    http://www.motorists.org/cont...
    You will have to join, but it's free and the area is in forums.
  • melanie 2013/02/09 21:24:32
    Yes they are too severe in some cases.
    melanie
    +3
    They re too severe and removing discretion from the courts through mandatory minimum sentencing defeats the purpose of having a justice system, it removes the opportunity for justice. These should be treated as traffic violations, if our society is going to criminalize people based on what may happen if...most of us would be in jail for one reason or another.
  • MichaelJ melanie 2013/02/10 06:39:51
    MichaelJ
    +2
    melanie I completely agree. I don't want people who are over a reasonable blood alcohol limit driving but I also want a graduated punishment that does treat people that are .01 over the limit the same as someone who is 150% over the limit.
  • HAlex1972 MichaelJ 2013/02/22 00:47:08
    HAlex1972
    +1
    I think a better solution to this problem is to put a sanction on a person's license requiring them to have an ignition interlock installed on their vehicle. I don't think that punishing someone criminally for an act that has no victim, nor evil intent to prey upon another, is an appropriate action. Our technology has increased to the point that we can prevent these tragedies from happening in the first place.
  • HAlex1972 melanie 2013/02/22 00:44:26
    HAlex1972
    +1
    OMG! I've finally found someone with common sense! Thank you for your input. It is genuinely appreciated!!
  • DAMM 2012/08/09 13:07:51
    Yes they are too severe in some cases.
    DAMM
    +4
    Off duty cops drink and drive and are almost never arrested when they are stopped. Judges and politicians and their families have almost complete immunity to the DUI laws!
    So why are we the people treated with such unconstitutional contemp for driving with a few beers in us? 35% of all trafffic accidents are caused NOT by drinking, but by distractions such as texting while driving. And there is NO punishment other than the usual traffic violation if a distracted driver causes an acccident.

    The DUI laws are nothing more than racketeering and a money-grab that the states have taken to the full limit of thier ruthless lust for stealing money and rights from thier citizens.
    MADD moms untruths, lies, and exagerations of the facts such as the ridiculous "alcohol related" statistic fuel the fire. MADD moms and their quest for total prohibition must be stopped! Please help to fight these horrible, unconstitutional DUI laws. We need to return the power to the millions and millions of people who safely drive after a few drinks!
    And punishment should only be applied to someone who does something WRONG while driving under the influence. Safely driving with alcohol in your blood stream should NOT BE A CRIME!!!!!! Stop the insanity of these horrible and excessive and costly punishments doled out to citizens who have done nothing wrong while driving..
  • HAlex1972 DAMM 2013/02/22 00:49:31
    HAlex1972
    +1
    It sounds like you've done you're research, and you are absolutely correct on each and every point that you bring up. Thank you Michael J for this question! Thumbs up to everyone!
  • Gleach0608 2012/07/23 19:01:50
  • MichaelJ Gleach0608 2012/07/24 07:00:15
    MichaelJ
    +1
    Gleach, I can understand your situation. While I do support the idea that we shouldn't drink and drive, one mistake shouldn't completely destroy a person's life. It is the people who do it time after time that should face severe penalities. They should also take into account the degree of intoxication. As it is now, someone who tests microscopically over the legal limit are punished the same as those that test 300% over the legal limit.

    The only thing you can do now is to get some legal advice on what you can do at some point have this black mark removed so that you will be able to at some, point move ahead with your life. The main thing is that YOU don't allow this mistake to control your future and give up on yourself.
  • HAlex1972 Gleach0608 2013/02/22 00:53:28
    HAlex1972
    +2
    Don't kill yourself and don't worry. Soon enough, everyone will have some type of black mark against them and it will become meaningless. I would recommend that you fight this charge all the way to trial. Your chances are better with a jury as opposed to a judge. Also, if a judge rules in your favor, the prosecutor can appeal the decision, but if a jury rules in your favor, the case ends right there, and the prosecutor has no right to appeal. Fight, fight, fight, Gleach! Do your research. There is a ton of information in the Net to help you fight your case and don't accept a plea bargain. If your lawyer recommends you to plea bargain, fire him and get another one, no matter the cost.
  • John Galt jr or Ron/jon 2012/02/09 05:21:37
    Yes they are too severe in some cases.
    John Galt jr or Ron/jon
    +4
    There was a time in some states, where there was dui's (driving under the influence) and DWI's (driving while intoxicated) were separate things, now under zero tolerance laws, the BAC (blood alcohol counts) have been lowered so far as little a one drink can put you in jail. Roadblocks are the worst, I don't think anyone should be asked to be tested unless they already did something to get pulled over for... Some people have a high tolerance and honestly can still drive. Today, we have designated drivers, Back in the day, we had designated drunks. (who ever could drive the best drove home) This unreasonable situation has greatly contributed to the down fall of our economy, by putting thousands of restaurants and bars out of business, along with the jobs of tens of thousands of people.
    One night after along day on the road, I stopped and had a single drink. A local sheriff follows me from the bar, pulls me over and says "have you had anything to drink?"
    I replied that "I have had exactly one drink tonight"
    She said "get out of the vehicle you are under arrest"
    I replied "for what?"
    She said "you have just confessed to DWI" , then she cuffed and stuffed me and many other officers appeared, who then ripped my delivery truck apart.
    I was then told that I was being charged with ...



    There was a time in some states, where there was dui's (driving under the influence) and DWI's (driving while intoxicated) were separate things, now under zero tolerance laws, the BAC (blood alcohol counts) have been lowered so far as little a one drink can put you in jail. Roadblocks are the worst, I don't think anyone should be asked to be tested unless they already did something to get pulled over for... Some people have a high tolerance and honestly can still drive. Today, we have designated drivers, Back in the day, we had designated drunks. (who ever could drive the best drove home) This unreasonable situation has greatly contributed to the down fall of our economy, by putting thousands of restaurants and bars out of business, along with the jobs of tens of thousands of people.
    One night after along day on the road, I stopped and had a single drink. A local sheriff follows me from the bar, pulls me over and says "have you had anything to drink?"
    I replied that "I have had exactly one drink tonight"
    She said "get out of the vehicle you are under arrest"
    I replied "for what?"
    She said "you have just confessed to DWI" , then she cuffed and stuffed me and many other officers appeared, who then ripped my delivery truck apart.
    I was then told that I was being charged with concealed weapon for the Baseball bat behind the seat and they were confiscating all my cash from the days deliveries as possible drug money.
    After a couple of hours in the back seat of the police car,
    A Sargent asked me "what I thought about my arrest?"
    I told him I thought that noone there would have a job when I got through suing them for unlawfull detention.
    Then a miracle occured, The sargent took off the cuffs, gave me back all my property and set me free...
    (more)
  • HAlex1972 John Ga... 2012/03/08 08:52:40
    HAlex1972
    +2
    The whole M.A.D.D. thing is nothing but a propaganda campaign to keep them in business. If you keep lowering the limit, then they can keep saying that there is an "epidemic" of drunk driving in the country providing the justification for their organization to continue.
  • MichaelJ HAlex1972 2012/03/08 13:21:32
    MichaelJ
    +1
    HAlex, I agree completely.
  • HAlex1972 John Ga... 2013/02/22 00:56:18
    HAlex1972
    +1
    I have your website in my favorites, John G. You are awesome! Keep up the fight and know that I support your efforts 100%.
  • John Ga... HAlex1972 2013/02/24 23:28:58
    John Galt jr or Ron/jon
    +1
    thanks it's nice to hear from "supporters"
  • Brian 2012/01/01 18:19:14
    Yes they are too severe in some cases.
    Brian
    +3
    Here in our area we have what they call "no refusal weekends", where police are allowed to draw one's blood "by force", without charges, on the "suspicion" of drinking and driving. If you do not "volunteer" to take a breath test you will be physically restrained and blood drawn. Again, all just on "suspicion". That would mean everyone on the road last night (New Years Eve) was suspect.
    Sounds exactly like "unreasonable search and seizure" to me, especially since our breathalyzer systems here have been proven to have MANY problems, including calibration problems, excessive false positives, bad, and or non-existent training of operators, and more!
    A local DA is being investigated over this, as well as over the termination of a police whistle blower, who brought the problems to the publics attention. Quite a few drunk driving convictions have been overturned because of such "faulty" evidence gathering.
    For those who would accuse me "condoning" drunk driving, far from it. I believe that those who violate traffic laws, and or cause accidents "while under the influence" should be given "more" severe penalties.
    That being said, preemptive abuse of the civil liberties of everyone on the road hasn't fixed the problem, but HAS helped to "desensitized" people to life in a totalitarian society!
  • MichaelJ Brian 2012/01/01 18:32:43
    MichaelJ
    +2
    Brian, I really didn't consider the subject from the perspective of civil liberties but you certainly have a point. You may live in Houston because they have the same no refusal programs.

    My main contention is that state DUI laws should be a tiered punishment instead of one size fits all. They should either make the limit zero which is fine with me but if they won't that then there should be a difference in punishment between someone who had a second glass of wine at dinner, registers microscopically over the limit and someone who is completely impaired registering three times the legal limit. Currently both are treated the same.

    There is a difference especially when some limits are so low that a reasonable person may not feel any effect yet still register DUI.
  • Brian MichaelJ 2012/01/01 18:57:06
    Brian
    +2
    I agree with your assessment, and was just adding something I see as a problem as well.

    I do live in the Houston area. I have always had a problem with the confusing laws. Personally, I drink fairly regularly (2-3 drinks a night), though very "rarely" to the point of impairment. I avoid drinking and driving specifically because I have "no idea" what my blood alcohol level might be after a couple drinks with dinner and do not want to risk it even though I "feel" no impairment.

    I also know that certain people are effected differently than others by alcohol. BMI and tolerance are huge factors that as far as I can tell are not taken into account.

    For example, my mother could drink one glass of wine and be below the legal limit even though she will be dramatically "impaired" by that one glass. I could drink three glasses of the same wine and because of my greater BMI and tolerance would be less impaired while consuming three times the amount and possibly being over the legal limit.

    Zero tolerance, means zero use of judgment, and allows no place for discernment.

    Under current law, my mostly teetotaling, vary rarely tipsy mother is likely to get the same punishment as a habitual, unrepentant, alcohol "dependent" drunk driver.
  • MichaelJ 2011/04/16 23:11:10
    Yes they are too severe in some cases.
    MichaelJ
    +3
    Unfortunately the responses to my question, were indeed the thoughtless responses I feared I would get. They were just so shallow! It's almost as if I was back posting on yahoo buzz. I had hoped that Soda head would be a site that would have a different type, more realist, thoughtful responses but it's the same ole same ole. Sad.
  • JGF 2011/04/16 22:06:05
    No! They need to be punished as much as possible!
    JGF
    +1
    Drunk driving is drunk driving, regardless of circumstances; alcohol is alcohol, whether rum, wine, or beer. If you know you're going to be driving, don't drink. You know the penalties beforehand, don't cry about it after you're caught.
  • rmnp21 JGF 2012/12/02 21:29:52
    rmnp21
    +9
    What if the person never drove and was convicted only on POTENTIAL, no intent what so ever? Never even committed the crime, or had any intention of committing the crime?
  • Justin JGF 2013/04/20 08:08:09 (edited)
    Justin
    +1
    JGF. You are confusing "Drunk" and having a couple of drinks. You need to do a lot of reading, judging by your disparaging conclusions. It is people like you that twist logic. Study the facts before making a judgement. I bet you're an anti-gun nut too.
  • JGF Justin 2013/04/30 14:48:11
    JGF
    +2
    Do your own research, even one drink impairs your driving ability.
  • MichaelJ JGF 2013/05/01 22:18:47
    MichaelJ
    JGF, my point is that if you can get zero tolerence laws passed, I have no problem with that. Until then I think there should be a difference made between those that barely break the limit and those that test at twice the limit.

See Votes by State

The map above displays the winning answer by region.

Living

2014/08/02 02:45:52

Hot Questions on SodaHead
More Hot Questions

More Community More Originals