But stiffer penalties would eliminate the phrases like "aggravated DUI" and "how many charges". There would be no wiggle room and the U.S. would be like these other countries where "consumption is heavy but the DUI rates are very low"..as they should be.

 

Not completely. An aggravated DUI can just be blowing a .15 or above Which is actually somewhat common from what I've seen. However they may amend that to a .08 DUI if it's your first offense.

I'm going to go ahead and say it. This is ridiculous for a first time offense.

 

So your basically saying you want to ruin someones entire life over their first offense and that's just ridiculous.

 

I think what Capt is suggesting is that the punishment should be more severe so that it would serve as a stronger deterrent. Makes sense to me. It's a fine line I definitely feel punishment should be much more severe for repeat offender. I understand both sides of the argument for whether or not penalties should be motr severe for first time offenders. The problem is the first time can be fatal, so it should be taken serious.

I'm going to go ahead and say it. This is ridiculous for a first time offense.

 

So your basically saying you want to ruin someones entire life over their first offense and that's just ridiculous.

 

They make the choice to drink and drive. So much for personal responsibility. That's a lot of what's wrong with society today, no one wants to accept personal responsibility.

 

If their life is ruined, they made the choice.

 

I'll say it again, I have ZERO tolerance for those that drink and drive.

Reality is, someones first dui is NOT the first time they have driven drunk. Probably have done it multiple times before caught. Im all for stiffer penalties.

I have zero tolerance for drinking and driving. Less than legal limit, I'm ok with. If you're drunk, don't drive. Never an excuse. Sleep in your car of you have to.

The whole process of DUI needs to be reevaluated, not just the punishment. I know someone who was convicted of a DUI that never drank, and passed the breath test, but because of where he was, and the court system in that area, he was convicted.

 

So before we increase punishments, we need to fix the process of how we convicted/prove a DUI took place.

The whole process of DUI needs to be reevaluated, not just the punishment. I know someone who was convicted of a DUI that never drank, and passed the breath test, but because of where he was, and the court system in that area, he was convicted.

 

So before we increase punishments, we need to fix the process of how we convicted/prove a DUI took place.

 

That's hard to believe. You sure he didn't take some drugs, prescription or not?

The whole process of DUI needs to be reevaluated, not just the punishment. I know someone who was convicted of a DUI that never drank, and passed the breath test, but because of where he was, and the court system in that area, he was convicted.

 

So before we increase punishments, we need to fix the process of how we convicted/prove a DUI took place.

 

Did he request a jury trial? No way he should have been convicted if they had no evidence.

That's hard to believe. You sure he didn't take some drugs, prescription or not?

 

Nope, took nothing, this was in Ohio, and you cant challenge the equipment in ohio.

 

Nope, took nothing, this was in Ohio, and you cant challenge the equipment in ohio.

 

Like I said, just sounds hard to believe. His defense attorney must have been worthless.

Like I said, just sounds hard to believe. His defense attorney must have been worthless.

 

I'm confused on what's hard to believe ? People get screwed over by the DUI system. I'm a fan of the American Justice system but let's not be naive and act like it's perfect.

Nope, took nothing, this was in Ohio, and you cant challenge the equipment in ohio.

 

Did he request a jury trial?

 

I'm confused on what's hard to believe ? People get screwed over by the DUI system. I'm a fan of the American Justice system but let's not be naive and act like it's perfect.

 

No one I've ever met has been arrested for DUI that wasn't drunk. I'd guarantee it happens, but I'd say it's even more rare for someone to be convicted if they weren't under the influence of something.

 

If he was completely sober his defense attorney did a horrible job.

 

Plantman, when you say he passed the breath test do you mean he had been drinking but was under the limit? Or no alcohol what so ever? Because even if you are under the limit you can still be DUI if you can't pass other tests, or if you are driving bad.

 

And what do you all suggest they change about the DUI "system", whatever that is.

No one I've ever met has been arrested for DUI that wasn't drunk. I'd guarantee it happens, but I'd say it's even more rare for someone to be convicted if they weren't under the influence of something.

 

If he was completely sober his defense attorney did a horrible job.

 

Plantman, when you say he passed the breath test do you mean he had been drinking but was under the limit? Or no alcohol what so ever? Because even if you are under the limit you can still be DUI if you can't pass other tests, or if you are driving bad.

 

And what do you all suggest they change about the DUI "system", whatever that is.

 

I've stated multiple times in threads like these I find the classes and the people who run them to be corrupt and of a little use.

 

I also don't like most the field soberity tests or the fact they can use a breathalyzer in the field to arrest you with but it isn't allowed to be used in court. Not to many other tools that can be used to arrest you but not convict you.

No one I've ever met has been arrested for DUI that wasn't drunk. I'd guarantee it happens, but I'd say it's even more rare for someone to be convicted if they weren't under the influence of something.

 

If he was completely sober his defense attorney did a horrible job.

 

Plantman, when you say he passed the breath test do you mean he had been drinking but was under the limit? Or no alcohol what so ever? Because even if you are under the limit you can still be DUI if you can't pass other tests, or if you are driving bad.

 

And what do you all suggest they change about the DUI "system", whatever that is.

 

No alcohol at all he doesnt drink period. The officer said he failed the field test, however it was not recorded on the dash cam (purposely IMO). He blew on the breath test and it failed to register anything in the field. They arrested him anyway, and he took a second breath test at the station on a different machine, which said he blew a .013 he was then booked. He demanded a blood test, but it was 6 hours later before he was able to take one, the judge threw out his blood test because it was so far after his initial arrest.

 

He was unable to challenge the machine at the station because in Ohio you can not go after the equipment being faulty.

 

Sidebar he was original pulled over for going 40 in a 35, and then failure to signal when he pulled off the side of the road when the officer pulled him over.