DUI PROPOSAL
Why This Works Better
- A Win/Win Proposal

Benefits to the Dept. of Corrections
Relief for our courts and prison systems
At the beginning of 1997, there were some 500 drunken drivers facing felony charges under a new 1995 Montana law. In Lake County alone, almost one third of felony prosecutions are now for fourth-offense drunken-driving violations. Strict DUI laws are cut back for lack of room in the prisons to house the number of felonies under the DUI laws. If DUI offenders are stopped from drinking at their first or second conviction, perhaps we can stop clogging the court & prison system with these people. Then prison terms can be an enforceable and “certain” consequence of a fourth DUI conviction.

Benefits to the State
Huge Savings
The present cost of prosecuting and incarcerating DUI offenders is substantial. In order to enforce and prosecute the current strict laws, we need more police and more prisons. Revoking DRINKING PRIVILEGES is not an expensive OR time consuming solution. We don’t need more police or more prisons. All the ingredients are already in place.

Benefits to the Bar/Servers
Fewer “judgement” calls
The bar/server benefits, as they are “at risk” for suits in fatal accidents for having served the drinks and then letting the person leave drunk. Much better if the bar can “card” everyone and thus know who has DUI convictions. The bar is saved from making the judgment calls without knowing the facts.

Law behind them in saying “no”
Current laws now make servers liable even though the definition of intoxicated is a little subjective if they aren’t able to test the customer. And they come off looking like the “bad guy” when they are required to draw a random line in determining when a customer has had to much. Denying someone service is easier to do if you have the law behind you. And the only “bad guy” is the one that is ultimately responsible for the distinctive license notation .. the drinking driver!

Losses are the “liabilities"
If the bar/business does lose any customers, it will be a few that are the biggest liabilities to them. And these will be back when they make more “mature” choices...because this gives them time to reach that point. These are the customers who, if allowed to continue, WILL BE LOST IN AN ACCIDENT OR TO PRISON.

Benefit to the Public
Saving lives
We need to take away the DUI offender’s “choice” to drink before lives are lost. Currently, 8 young people die each day in an alcohol-related crash in the United States. And 1 out of every 5 Americans will be involved in an alcohol-related crash in their lifetime. An average of one person injured every 30 seconds. This problem is touching ALL of us.

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Crash Costs
A drunk driving crash costs each innocent victim $36M. Comparable crimes costs per victim: assault-$30M, robbery-$16M, Motor vehicle theft-$4M. Yet the drunk driving crash is the only one of these crimes that is often not a felony for a first offense.

The DUI problem is of such proportions in monetary costs to the public, as well as innocent lives lost, that it is vital that we eliminate the opportunities to be victimized by those who have proven they are a danger to others as well as to themselves.

Benefits to the drinker & the drinker's family
The need for a Driver’s license
A person may need his driver’s license to get to work. A driver’s license can only realistically be revoked for a short length of time. Self-esteem, family responsibilities, and family economics all may suffer without the ability to drive.

Absence of alcohol-might be a plus
In contrast, the absence of alcohol in this person’s life would tend to boost self esteem, family responsibilities and family economics over time. And although there are reasons that a person may need to drive there are no reasons that a person needs to drink alcohol. It is not a privilege you need to return to the person.

Time to Mature
Time and life’s experiences can change a person. This law addresses that. Drinking priviliges can be withheld for as long as necessary. It won’t hurt the person’s ability to provide for himself and his family. But it can also be used to give this person more time to mature.

Benefits to Law Enforcement
Easier to Enforce
We're already doing a good job of apprehending, convicting, and handing down stiff sentences. But Enforcement has been proven impossible. There's nothing that will keep the problem drinker out of all cars. On the other hand, alcohol is a controlled substance. People who sell/serve alcohol are licensed and accountable for dispensing it responsibly. We can enforce alcohol restrictions.

And, despite imprisoning at a greater per capita rate than any nation on earth, the U.S. is experiencing a spiral of failure in the crime's reduction. Our prisons and jails cannot hold the increasing numbers, so strict sentences are not able to be enforced. Stricter laws tend to "push other offenders out the other end" -- and are only "tough" on the taxpayers. WE ARE FAILING AT THE CRIME PREVENTION LEVEL! Studies have proven that alcohol and crime are inextricably related. When alcohol abuse is found to be the cause of a crime, it's use needs to be restricted. Removing alcohol from the equation just makes sense. Strict sentences can be enforced if fewer offenders reach that point.

SOME WILL FIND WAYS!

There will be some that will serve the DUI offender anyway, just as there are some that will serve minors in spite of the law. That is their option .... but they are taking a risk by doing so.

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Email: rsnell@digisys.net

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