Drinking and driving is one of the most irresponsible and dangerous activities a person can engage in. Although no one gets behind the wheel of a car after drinking with the intention of getting into an accident or hurting someone, those possibilities, and worse, are always there when alcohol is involved. Even a single lapse in judgment by an otherwise responsible person could lead to very serious, and sometimes tragic, results. Unfortunately, most drunk-drivers are never caught. That is why law enforcement takes drunk-driving so seriously. A DUI conviction can lead to a number of penalties, from possible jail time and probation, to heavy fines and driving restrictions. Those penalties are compounded when a driver is convicted of multiple DUIs.
But many people feel that the laws that apply to repeat DUI offenders are too lenient, and that drivers who have been convicted of DUI should be required to drive more carefully in the future. In nearly half of the states, legislatures, governors and other law-making bodies have enacted statutes that lower the legal BAC limit for drivers who have been convicted of DUI.
.08 is the legal limit throughout the United States – anyone caught behind the wheel with a blood alcohol concentration of .08 or above is guilty of drunk driving. However, in 23 states, individuals who have been convicted of DUI more than once can be pulled over, arrested and convicted of drunk driving if their BAC is measured at .05. Arizona may become the 24th state to enact such laws.
Each year in Arizona, over 400 people are killed in alcohol-related motor vehicle accidents, and there are over 2,700 people in state prisons for DUI-related crimes; 90% of those inmates have multiple DUI convictions. Nationally, 1 in 3 injuries and deaths in drunk-driving accidents involved drivers who have been convicted of multiple DUIs.
In the face of those sobering statistics, an Arizona state senator has proposed lowering the legal limit to .05 for individuals who have been convicted of more than one DUI in five years. For those who have been convicted of extreme DUI – where a driver’s BAC has been measured at .15 or above – there would be a zero-tolerance policy. An individual who has been convicted of extreme DUI could therefore be charged with DUI in the future if he or she is caught driving with any measurable alcohol in his or her system. Supporters of the proposed law point to other states that have taken a similar approach and seen the number of DUI-related automobile crashes drop as a result.
Opponents feel the proposed law is too harsh and unrealistic, since many drivers will not be impaired at a BAC of .05. Others feel that while the law is a good idea and enforcement is necessary to keep the roads safe for everyone, it must be coupled with an effort to educate the public about the laws pertaining to drunk-driving and the dangers associated with drinking and driving.
Although California is not a state that lowers the acceptable BAC for drivers convicted of multiple DUIs, the laws against drunk-driving and the penalties for a DUI conviction are substantial nevertheless. It is important for you to contact a Los Angeles criminal defense lawyer right away if you have been pulled over for drunk driving. An experienced Los Angeles criminal defense lawyer can study the facts of your case and begin preparing your defense. Depending on the circumstances, he or she may even be able to have the charges against you reduced or dismissed. However your case is resolved, a Los Angeles criminal defense lawyer can provide helpful legal advice at every step of the legal process and help you obtain a fair result.
