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chazwicke
06-02-2004, 03:17 PM
I pilfered this post from another email I received. It is getting scary out there. I heard that Madd is now trying to push for a nationwide .05 limit. Down from .08.

anyway here is the pilferred post:

Subject: [DC-Beer] Tougher DUI laws in effect in VA 1 July

Take heed. "Zero-tolerance" DUI and DWI laws take effect in Virginia
beginning 1 July. The laws establish new mandatory jail sentences and
allow courts to confiscate vehicles from repeat offenders and impose
additional fines.

ALL arrests for DUI (.08+) will be immediately listed in an
individual’s CRIMINAL record.

First-time DUI convictions will carry a minimum mandatory fine of $250.

DUI offenders can be required to reimburse cities and counties up to
$250 for firefighting, rescue and emergency services. Failure to pay
reimbursement for a locality’s costs will result in a driver’s license
suspension and vehicle registration cancellation.

Law-enforcement officers can arrest an individual involved in a vehicle
crash within three hours WITHOUT a warrant and at any location if there
is probable cause to suspect the person is intoxicated.

Magistrates are no longer required to explain the consequences of
refusing a blood or breath test to someone who has already been
informed by an arresting officer.

Anyone who unreasonably(?) refuses to submit to a blood or breath test
may be subject to criminal punishment.

************************

Higher BA levels and repeat offenders:

People caught with a blood-alcohol level of .15 or greater face five
days of mandatory jail time, even if they are first-time
offenders.

Those with a blood-alcohol level of .20 face a 10-day sentence. The
thresholds for mandatory sentences under current law are .20 and .25,
respectively.

A second conviction within five years carries an increased mandatory
minimum sentence of 20 days, up from five.

A second conviction within 10 years carries a minimum sentence of 10
days.

A third conviction within five years carries a minimum sentence of 180
days, up from 30.

A third conviction within 10 years carries a minimum sentence of 90
days, up from 60.

People convicted of three DUI offenses within five years will be
refused bail if they are charged with a new offense.

Courts can order the forfeiture of a drunken driver’s car after a third
or subsequent conviction.

Repeat drunken drivers will be fined an additional $50.

A convicted drunken driver’s license will be revoked for 30 days or
until trial for a second alleged offense and 60 days or until trial for
a third alleged offense.

A convicted DUI driver who received a restricted driver’s license
following a conviction where his or her blood alcohol level was .15 or
greater must use an ignition-interlock device, which does not allow the
car to start until the driver’s breath is tested.

A person stopped within five years after a DUI conviction who is using
a restricted license and has a blood-alcohol level of 0.2 percent will
be charged with a misdemeanor and will face a license suspension for at
least one year and a fine up to $2,500.

A repeat offender who refuses to take a blood-alcohol test at any time
within 10 years after an initial conviction will be charged with a
misdemeanor and face up to six months in jail and a $1,000 fine. If the
individual has two or more previous convictions within 10 years, the
maximum sentence is 12 months and a $2,500 fine. Anyone convicted of
DUI who violates the requirements of a restricted driver’s license
faces up to 12 months in jail, a $2,500 fine and loss of the license.

Beaver
06-02-2004, 03:42 PM
Colorado just approved a switch from .1 to .08 due to governmental bribery (withholding road funds).

chazwicke
06-02-2004, 04:37 PM
Yep The feds did that all over to make them all conform to the .08. Soon you will not be able to have a glass of wine or a beer with dinner at your favorite restraunt.

MeridianFC
06-02-2004, 06:01 PM
I agree that the .08 w/ mandatory sentencing is a bit tough, but

Those with a blood-alcohol level of .20 face a 10-day sentence. The
thresholds for mandatory sentences under current law are .20 and .25,
respectively.

If you're driving with a .20 or higher then you deserve a severe ass kicking.

brewmonkey
06-02-2004, 06:16 PM
DUI/DWI laws are a huge grey area sadly. However I would say that I am for the laws as they are and in my area would like to see some tougher sentences handed down. I know of someone with 5, yes that's right, 5 DUI's who is still driving and has not spent a night in jail for anyone of them. I would like to see anything more then 1 be a felony. Perhaps that is the problem, to many people can get a lawyer and fight the charge down to driving without proper ID.:rolleyes:

The only thing I dislike about these laws is that the Federal Government has skirted the line on states rights. That in my book is as bad as the courts that seem to be the ones making the laws now.

chazwicke
06-02-2004, 09:20 PM
Going after the .02 or repeat offender is good. Not allowing someone to have a beer with dinner is not. I am worried about the neo prohibitionists. It is hard for a politician to not support drunk driving laws or he is painted as being "Pro Drunk Driving". It is a slippery slope.

thewiz
06-02-2004, 09:54 PM
Originally posted by brewmonkey
However I would say that I am for the laws as they are and in my area would like to see some tougher sentences handed down.

The only thing I dislike about these laws is that the Federal Government has skirted the line on states rights. That in my book is as bad as the courts that seem to be the ones making the laws now.

Holy cow, I thought I was the only Republican on this board.... lol.... I agree w/ya 100%

DreamWeaver
06-02-2004, 11:21 PM
I agree with Brewmonkey in that DUI Laws are in a grey area. I know there was a time that my tolerance for alcohol was much higher and I drove frequently intoxicated when I was younger. I have never had a DUI charge but there are times I prolly should have, and to look back it was a stupid decision on my part to drive intoxicated. There are many folks like that and having a set number to force on us all is not a perfect way to enforce DUI Laws but it is a start and we need to have the laws to protect innocent and keep society civil. Now I am more of a responsible drinker and won't even think of driving after having a few. But I'm poundin my share of Brown Nut Ale as I type! :D Man this stuff is good!

fretlessman71
06-03-2004, 01:40 AM
Instead of decreasing the BAC limit, why not increase the punishment? How's this:

-If you're caught weaving, and you're over the 0.10 limit, first time offenders get a $1000 fine and a 6-month suspension.

-Do it again in your lifetime, and it's $2500 and 90 days in the hole.

-A third time earns you a $5000 fine, a year in jail and a PERMANENT suspension of your license.

You think that might get some people's attention? I just don't think that enough people take this seriously these days...

wild
06-03-2004, 03:17 AM
My nephew received a night in jail, 90-day suspension of his driver’s license and 1 year with a breathalyzer hooked up to the ignition of his truck (that he paid to have installed). This was his first offence. Luckily his friends were nice enough to pick him up every Monday night for football at the bar. To this day, he will not pick up a drink as long as he is the driver.

W

brewmonkey
06-03-2004, 09:02 AM
Originally posted by thewiz
Holy cow, I thought I was the only Republican on this board.... lol.... I agree w/ya 100%

And I thought I was the only one!:D

chazwicke
06-03-2004, 10:25 AM
Originally posted by fretlessman71
Instead of decreasing the BAC limit, why not increase the punishment? How's this:

-If you're caught weaving, and you're over the 0.10 limit, first time offenders get a $1000 fine and a 6-month suspension.

-Do it again in your lifetime, and it's $2500 and 90 days in the hole.

-A third time earns you a $5000 fine, a year in jail and a PERMANENT suspension of your license.

You think that might get some people's attention? I just don't think that enough people take this seriously these days...

Good point! Any fine under 1,000.00 is no real penalty.

stronk
06-03-2004, 10:35 AM
About how much, in terms of drinks, is 0.08%? It doesn't sounds like a lot.

davesarman
06-03-2004, 10:44 AM
I grew up in rural South Dakota and drinking and driving was not uncommon there. Did a fair amount of it myself back in high school. In fact, you could sometimes see a tractor parked at the bar, because the operator got his liscense suspended for multiple DWI's. I remember one fellow got busted for DWI while on a horse! (Yes, that is legal, or at least it was at the time.) Paints a pretty hick picture of my hometown, but hey, that's how it used to be. Doesn't seem to be quite that bad these days...

MeridianFC
06-03-2004, 11:02 AM
Originally posted by thewiz
Holy cow, I thought I was the only Republican on this board.... lol.... I agree w/ya 100%

Funny I thought there were an abnormally large number of y'all around. ;)

BTW I agree with you on the state's right issue.

It seems like most of us are in some form of agreement that the current standard (.10) is adequate but the consistency of punishment is not.

brewmonkey
06-03-2004, 11:11 AM
Originally posted by MeridianFC
Funny I thought there were an abnormally large number of y'all around. ;)

BTW I agree with you on the state's right issue.

It seems like most of us are in some form of agreement that the current standard (.10) is adequate but the consistency of punishment is not.

I agree, fines and punishment for this type of behavior should be stiff. Mandatory jail should be from the first offense onward. Hit people where it hurts, the pocketbook and they think twice. Make them spend a night in jail and they shrug it off, make it a year of weekends and the attitude changes.

In my town I believe the judge that hears most of these types of cases imposes a mandatory 10 days in jail to be served on weekends for 5 weeks. It will not keep you from working but it certainly puts a damper on activity, especially when you have to explain to your friends and family that you cannot go to the park, movies, dinner etc... because you have to report to the jail.

skahtboi
06-03-2004, 11:35 AM
Originally posted by chazwicke
Good point! Any fine under 1,000.00 is no real penalty.

It is if you teach for a living!

chazwicke
06-03-2004, 12:30 PM
He is a happy helper.