Should A Drunk Driver Get the Death Penalty?

Not too long ago I read a story about a truck carrying 12 ½ tons of rock salt that swerved to avoid a car that was being driven by someone who allegedly was driving under the influence. Fortunately, nobody was injured.

However, this incident brings to mind some interesting questions…

Since nobody was reported as being hurt, should the person driving under the influence have a lesser charge simply because there were no fatalities? And if someone was killed, should the drunk driver too receive the death penalty? You have to take into account that these drunk drivers do not intentionally drink and drive to kill someone.
On the other side of the coin, we can only assume that most drunk people who get behind the wheel are fully aware of the consequences of their actions. Therefore, they should be accountable for their actions. There’s an interesting article by Professor David J. Hanson where he sites MADD’s arguments:

1. “drinking and driving is a choice that the driver makes and therefore it is intentional” and that

2. “a drunk driver knows or should know that getting behind the wheel will likely cause serious injury or death to him/herself or innocent people on the roadways.”

3. Therefore, a person who drives while intoxicated intentionally causes injury or death because the driver should know that he/she will likely kill or seriously injure someone

Again, let’s just hope that people learn their lessons because if you’re arrested for a DUI in San Diego you’ll definitely have to put up a good fight and pay the consequences. Is it worth it?

New Zero-Tolerance Policy in California

Did you know? In the state of California there is a new zero-tolerance policy for underage drinking.  If you are stopped and have a blood-alcohol level of 0.01 percent, you could be charged with a criminal offense.

Will this stop young people from drinking and driving?  Hmm, I don‘t think so.  Put yourself in their shoes for a minute.  Don’t you remember thinking that it wouldn’t happen to you?

Over at the Maryland Accident Law Blog I learned that the state of Maryland has started a law that if an underage driver is caught drunk driving, their license will be revoked for one year.  In the state of Wyoming an underage driver cannot drive a car with a BAC of 0.02 and higher – otherwise they will be fined up to $750 for their first offense and have their license suspended for 90 days.  A second time offender could be fined and spend up to a month in jail.

I believe the harsher the penalty, chances are people will pay attention.  What do you think?

Have you been caught drunk driving in San Diego and are under the legal age?  Contact a San Diego DUI lawyer to help you with your case!

Drunk Driving Proposed Bills and Immigrants

For those of you in California, you know about the “Three Strikes” law. There’s a bill that’s been proposed that could affect immigrants who have been convicted of three DUIs.  If you’re an immigrant who’s been charged with 3 DUIs, you could get deported!

Below are the possible bills to be passed and their descriptions:

From House Bill 4437
Title VI Terrorists and Criminal Aliens
SEC. 606. REMOVING DRUNK DRIVERS.
(a) In General- Section 101(a)(43)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by inserting `, including a third drunk driving conviction, regardless of the States in which the convictions occurred, and regardless of whether the offenses are deemed to be misdemeanors or felonies under State or Federal law,’ after `offense)’.
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions entered before, on, or after such date.

From Senate Bill  2611
Comprehensive Immigration Reform Act of 2006
SEC. 225. REMOVAL OF DRUNK DRIVERS.
(a) In General- Section 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amended by inserting `, including a third drunk driving conviction, regardless of the States in which the convictions occurred or whether the offenses are classified as misdemeanors or felonies under State law,’ after `offense)’.

(b) Effective Date- The amendment made by subsection (a) shall–

(1) take effect on the date of the enactment of this Act; and

(2) apply to convictions entered on or after such date.

There’s a big debate surrounding this bill.  My personal issue with this is…If immigrants get deported after 3 DUI’s, shouldn’t citizens of the U.S. have a similar penalty?  I think being deported is a serious penalty.  For citizens there is license suspension and/or jail time, but is that enought to deter them from doing it again and again?  Some immigrants who come to the U.S. from poverish countries have to go back to their old lifestyles – which may be even more detrimental to their health and well-being.

If you are an immigrant in San Diego who has been charged with a DUI, seek the help of a professional and experienced San Diego DUI lawyer who is familiar with the laws and can  help with your case.

Alcoholism and Drunk Driving

Alcoholism is a disease and for many of us it may seem like the hardest thing to stop doing.  Alcohol makes us happy when we’re feeling down and out.  Who wants to stop doing something that makes us feel good, right?

Recently I discovered this blog, Stop Drinking Advice.  It’s a blog that offers information and help for those who have an intention to stop drinking.  Here’s an interesting quote from the blog that I’d like to note:

“Research studies show that inpatient treatment is the most successful way for individuals with multiple unsuccessful attempts at sobriety to succeed.”

I completely agree that psychological treatment is needed for drunk drivers while they’re in jail.  What usually happens when these people get out is that they start the cycle all over again.

I also came across this website called AddictionSearch.com that has a listing of organizations here in San Diego that can help you with rehabilitation, mental health, and alcohol abuse.

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If you’ve been charged for drunk driving in San Diego, seek the help of an experienced San Diego DUI lawyer!

Breath Test or No Breath Test? That Is the Question…

Jamie Spencer of the Austin DWI blog talks about this “consciousness of guilt” theory, but let’s us know that the theory is useless when it comes to refusing a breath test or blood sample.  It’s interesting that in Austin you are asked to provide evidence of your “guilt” after the fact – that is, you have to submit a breath test after you are arrested!

In San Diego, a preliminary alcohol screening test is completely voluntary.  However, there is the chance that you will be arrested anyways.  That doesn’t mean that you are automatically convicted or that you will lose your license.

On a side note – did you know that the officer has to observe you for 15 minutes prior to taking a breath sample?  It’s important to be on your best behavior as the jury will probably watch a video tape of the arrest.

Anyhow, so are you immediately guilty for refusing a breath test or blood sample? Should you submit to one if you are stopped?  In my personal opinion, I say no.  Saying yes puts you in a more vulnerable position.  Leave it up to a San Diego DUI attorney to take care of the defense.

Jamie ends with some food for thought:

“…isn’t refusing to take the intoxilyzer actually evidence that you have not lost the normal use of your mental faculties?”

Exactly.