Habitual DUI's

[Guest nra37922]

What should we be doing with habitual impaired drivers.  By that I mean those ass-wipes who have multiple DUI arrests but still get in a car and drive, generally on a suspended/revoked license and of course no insurance?

 

Personally, I am in favor mandatory prison sentences after the first offense with the length of time increasing after each event.  First offense sentence should be harsh, like 1000 hrs of supervised community service, as most people deserve a second chance.  Second offense 2 years in jail, 3rd offense 5 yrs, 4th offense 10 years, 5 offense 15 years, etc...

[TMF]

Drunk drivers who kill people should be eligible for the death penalty.  It is premeditated murder.

[DaveTN]

Many states do put you in prison. Tennessee just removed the ability to refuse a blood test after your first DUI conviction; that makes the next convictions easier for those than continue to drive drunk. I’m not sure how some of the multiple offenders can still be on the street. Like anything though, whether or not you go to prison depends on how much legal representation you can afford to buy.

[Stegall Law Firm]

First offense in Tennessee is mandatory minimum 48 hours jail, second offense is 45 days.  It goes up from there.  I don't know if the legislature will ever increase the jail time.  Before 1989, sentencing in general was a lot tougher in Tennessee.  DUI penalties do keep getting added each year, but it's always for collateral things, like mandatory blood draws that Dave mentioned.  But even those are being called into question with the Supreme Court's decision in McNeely.  At least the ones done without a warrant.  The latest is that in order to get a restricted license you have to have an interlock installed on the car. 

 

It's all about the money with DUIs.  Interlock, probation fees, scram bracelets, all that shit costs money.  Those industries have an incentive to not put people in jail, and they lobby Nashville accordingly.  So I think that might be part of it too.

[Caster]

I'm all for first offense attempted murder. Wreck or not. Start charging people with a crime that will destroy their lives and people will stop (or at least slow down) ruining others. If you operate a vehicle under the influence, I have no value for your life because you obviously have no value for oer peoples lives. Sorry......wait, no I ain't sorry.
There is NO excuse for this. You know damn well what's happening when you take the first sip. It's no mystery.
What is a mystery is why I see the papers around here; Third offense, reduced to first with a fine.
What is a mystery is why mothers bury their babies every day because some asshat can't drink at home or get a ride.
What is a mystery is why we allow these people to continue producing CO2 and wasting precious oxygen.

[Guest TresOsos]

So you want to charge someone engaged in a legal activity, drinking in a public place, restaurant/bar with attempted murder for having one to many and then driving their car.

This is all about money, money to be made by the restaurant/bar, money to be made by the state, Dui fee's as well a tax revenue and then the money to be made by the legal system, i.e. lawyers.

 

If you are really serious and I mean dead serious about the problem, then end liquor by the drink, make drinking only legal in your domicile or on your private property. Anyone who gets caught drink and driving, any amount of alcohol, even one sip, zero tolerance, mandatory 11months 29 days in jail first offense, no if's, no ands, no buts.

 

But as long as this is a legal activity, state regulated, state making tons of money off of it, restaurant owners and legal system making money don't bet on any real tough laws.

 

I have always though it very unjust to allow one to drink in public then finacial rape them for doing it and the state makes money on both ends.

Edited August 6, 2013 by TresOsos

[TMF]

I have always though it very unjust to allow one to drink in public then finacial rape them for doing it and the state makes money on both ends.

.

Huh? How about personal damn responsibility? I used to have drinks every night at the bar next door to my apartment. Never had to drive. When we bought a house we took a cab or one of us DD'd. Why should I be told by the nanny state what I can or can't do because of what irresponsible people do? How about we just appropriately punish people for breaking the law?

[Sam1]

Castration for habitual offenders, men and women alike.

Drunk driving bastard killed my grandma coming home from church, I have zero sympathy for anyone who does it, family or stranger.

[Guest TresOsos]

.

Huh? How about personal damn responsibility? I used to have drinks every night at the bar next door to my apartment. Never had to drive. When we bought a house we took a cab or one of us DD'd. Why should I be told by the nanny state what I can or can't do because of what irresponsible people do? How about we just appropriately punish people for breaking the law?

 

 

Your right about personal responsibility.

But in the end it's all about revenue.

[RobertNashville]

.
Huh? How about personal damn responsibility?...

What personal responsibility???  Even if we haven't already passed that tipping point we are certainly very close to where a majority of people in this country don't exercise personal responsibility in ANY area of their lives...should it surprise us that they don't exercise it in this are either?

 

It won't matter how many times they are put in jail or if they lose their license; the people who continue to drive drunk will continue to do so unless they are in jail forever and we aren't even willing to keep violent felons in prison for forever (or even all of their incredibly short sentences for that matter).

 

Laws and punishment can not work unless a significant majority of the population are willing to follow them (and really for those folks, they would almost do the "right thin" whether there was a law/punishment about it or not). That's one of the reasons the so-called "war on drugs" has been such an abysmal failure (as was prohibition).

Edited August 6, 2013 by RobertNashville

[Caster]

So you want to charge someone engaged in a legal activity, drinking in a public place, restaurant/bar with attempted murder for having one to many and then driving their car.
This is all about money, money to be made by the restaurant/bar, money to be made by the state, Dui fee's as well a tax revenue and then the money to be made by the legal system, i.e. lawyers.
 
If you are really serious and I mean dead serious about the problem, then end liquor by the drink, make drinking only legal in your domicile or on your private property. Anyone who gets caught drink and driving, any amount of alcohol, even one sip, zero tolerance, mandatory 11months 29 days in jail first offense, no if's, no ands, no buts.
 
But as long as this is a legal activity, state regulated, state making tons of money off of it, restaurant owners and legal system making money don't bet on any real tough laws.
 
I have always though it very unjust to allow one to drink in public then finacial rape them for doing it and the state makes money on both ends.

I certainly do!

I don't feel it's unjust to punish someone financially for being irresponsible. If you drink in public and don't have a ride or the presence of mind to set that up before hand, then that person should be made to suffer for endangering others lives.

Remember the founding principle of this country. You are free to do ANYTHING you want as long as what you're doing does not infringe on the right of someone else to do what they want. Joe Blow getting hammered does not infringe on my life at all. Joe Blow operating a vehicle inebriated DOES effect my right to drive home safely. His lack of personal responsibility is putting me at risk.

This is a multi lane highway too folks. You SHOULD be free to carry a gun without restriction. ONE screw up proving your lapse of judgment should resultin the thing being forcefully inserted in your rectum. People REFUSE to take responsibility for their actions and its disgusting. It proves what a country full p-----s we have become.

Do what you like should be the first law of the land.
Violating another's right to do the same and suffer dire (violent if need be) consequences.

Personally I think it boils downto the fact that idiots are allowed to survive. Never before in history were so many morons, lazy, inept what have you; people spoon fed life support to the detriment of the productive.

[DaveTN]

So you want to charge someone engaged in a legal activity, drinking in a public place, restaurant/bar with attempted murder for having one to many and then driving their car.
This is all about money, money to be made by the restaurant/bar, money to be made by the state, Dui fee's as well a tax revenue and then the money to be made by the legal system, i.e. lawyers.
 
If you are really serious and I mean dead serious about the problem, then end liquor by the drink, make drinking only legal in your domicile or on your private property. Anyone who gets caught drink and driving, any amount of alcohol, even one sip, zero tolerance, mandatory 11months 29 days in jail first offense, no if's, no ands, no buts.
 
But as long as this is a legal activity, state regulated, state making tons of money off of it, restaurant owners and legal system making money don't bet on any real tough laws.
 
I have always though it very unjust to allow one to drink in public then finacial rape them for doing it and the state makes money on both ends.

You are only engaged in a legal activity up to the point you get in the car with your keys in your possession; at that point you are committing a crime. Drink all you want, get as drunk as you like; just don’t drive.

[Caster]

You are only engaged in a legal activity up to the point you get in the car with your keys in your possession; at that point you are committing a crime. Drink all you want, get as drunk as you like; just don’t drive.

Public intoxication is illegal too.

[TMF]

Public intoxication is illegal too.

I'm sure it happens, but I've never seen a drunk guy get rolled up by the cops unless he was being belligerent. At least where I am, it seems like one of those laws that is only enforced when someone is being an ahole.

[Dolomite_supafly]

First offense laws should be as they are right now because some people are unaware of how drunk they are when they get behind the wheel. I can forgive once,

 

Second offense, send them to prison for a significant time. Perhaps 5-10 years depending on the circumstances. On top of that seize everything they own, their car, their home, their bank or retirement acounts as well as anything of value. When released from prison give them $100 to find a hotel for the night. They can work to rebuild their life.

 

Third offense, same as second except this time seize any future federal benefits like Social Security or tax returns or any of the other government funded aid for individuals.

 

If during the DUI anyone is hurt or killed the money or property seized will be turned over to those that were hurt or the family of those killed by the person who was DUI. Additionally 10% of any earnings will be paid to those who were hurt or the family of those killed.

 

If the DUI is married or has a partner with joint property then treat it like a divorce. Sell everything of value and divide the assets between the person who is DUI and their partner. For all financial accounts split it right down the middle.

 

Seems harsh but a family loosing the main bread winner to a DUI would be in far worse condition.

[DaveTN]

Public intoxication is illegal too.

Not by itself.

 

 

a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:

(1) The offender may be endangered;

(2) There is endangerment to other persons or property; or

(3) The offender unreasonably annoys people in the vicinity.

( A violation of this section is a Class C misdemeanor.

[Guest The Itis]

In Wisconsin, there are statutes outlining penalties for up to 10th time OWI offenders. Any jail time is basically always replaced with Huber privileges (they can live at home and go to work) and maybe a DRC (day reporting center) schedule.

 

The drunk driver that hit me while I was on my motorcycle was a 3rd time offender with a BAC literally off the DoT charts, at .32. He served 2 days in jail, fined about $4k, lost his license but got a work-license so he's still on the road, and frankly that sentencing blows.

 

That was just for OWI 3rd, however. Still working on getting charges brought up for OWI causing injury which is a felony, even though I've gotten the initial runaround between the officer at the scene and an assistant DA, saying they can't go back and charge him as if it would be double jeopardy, but that's just hogwash as it's a separate, more serious charge.


It's a strange system, you charge a fine and take away their license, so how do you expect them to pay their fine if they can't get to work? Right you give them back their license with provisions. Big diff that makes. The penalties for subsequent offenses need to escalate. I'm talking exponentially.

[Dane]

Make them live near a bar:

From my hometown http://www.writesite.org/html/student_newspapers/period4.5b.html


Sent from my iPad using Tapatalk HD

[Spiffy]

If they really wanted to stop drunk drivers they wouldn't sell cold beer in gas stations and they would pass a law that all booze has to be consumed in a private home. That would be a common sense law. Doesn't stop anyone from drinking what or how much they want and it takes the risk off the road. HEAVY penalties would be assessed to people who drink and drive. Same as if they were putting a gun to someone's head.

[Guest Lester Weevils]

I'm sure it happens, but I've never seen a drunk guy get rolled up by the cops unless he was being belligerent. At least where I am, it seems like one of those laws that is only enforced when someone is being an ahole.

 

My part of TN doesn't have after-hours, BYOB clubs any more. But they existed in the past and when I couldn't find a gig anywhere else played music in some of em. I have "strong suspicion" that money passed from club owners to prominent local politicians to enable this practice when it existed.

 

Anyway, open at about 12a and close down around sunrise. The popo would stroll thru perhaps hourly, didn't make much trouble for the club or patrons, except if a person was passed-out at the table, they would haul them off to jail for public intoxication. So a feller could be drunk as a skunk, but he couldn't be unconscious. Just sayin, unconscious folk "with friends" probably don't make much trouble, though a passed-out person unaccompanied might be a hazard to himself.

[Caster]

If they really wanted to stop drunk drivers they wouldn't sell cold beer in gas stations and they would pass a law that all booze has to be consumed in a private home. That would be a common sense law. Doesn't stop anyone from drinking what or how much they want and it takes the risk off the road. HEAVY penalties would be assessed to people who drink and drive. Same as if they were putting a gun to someone's head.

Sounds good to me but you know well,asi do it'll never happen.
I don't care if a man smokes crack in his own home as long as he ain't hurting others.
Problem is, it'll never be that easy.

[10-Ring]

Something is wrong with the system for sure.  I know a guy who is in his mid 20's that has been arrested for DUI at least 7 times, yet he has only been convicted once.  Seems that the system is broken.

[VERO1]

I consistently see people in our local paper charged with DUI 3 or 4 th offense. As noted above most have no insurance and a suspended or revoked license. In Florida DUI three times in ten years earns you a third degree felony charge with mandatory jail time.

[DaveTN]

Make them live near a bar:

From my hometown http://www.writesite.org/html/student_newspapers/period4.5b.html


Sent from my iPad using Tapatalk HD

It didn't work.

http://enquirer.com/editions/2001/11/11/loc_driving_drunk_again.html

[Guest copperhead_1911]

Another thing with habitual dui is that in some states there are many who are illegal immigrants or undocumented democrats. My understanding from some news articles is that in Mexican culture it is considered macho to hold your drink. There are countless cases of us citizens killed by these illegal leeches. 

 

Our fearless leader Obama even wants to allow three of these to be forgiven in the amnesty they are doing. Makes me sick