Lieutenant Governor Kaine Proposes Tough New DUI Law Lieutenant Governor Timothy M. Kaine today announced that he intends to introduce legislation designed to change the behavior of repeat drunk drivers. Drunk driving is this country's most frequently committed violent crime. Every 30 minutes, one person is killed on the highways of this country in an alcohol-related crash.
"According to the National Highway Traffic and Safety Administration, last year an estimated 17,419 people died in alcohol-related traffic crashes. In Virginia last year, there were 914 traffic deaths on our highways. Of these, 371, or 41% were alcohol-related," stated Lieutenant Governor Kaine.
Kaine's legislation specifically focuses on repeat drunk drivers. One-third of all DUI convictions are repeat offenders. In 2001, 1,461 Americans were killed in crashes involving alcohol-impaired or intoxicated drivers who had at least one previous DUI conviction.
There are two components to Kaine's proposal to deter repeat offenders: increasing the penalty when a person is convicted of repeat offenses, and removing the incentive for repeat offenders to refuse a breathalyzer when stopped for DUI.
Under current law, when someone is convicted of a third DUI within ten years, it is a Class 6 felony, which includes a mandatory punishment of at least ten days in jail. This proposal will increase the term to a mandatory confinement of at least one year.
Also under current law, when a driver who is stopped for DUI refuses to take a breathalyzer, the punishment is a one year suspension of his driver's license. Many repeat offenders choose to refuse the breathalyzer and take the one year license suspension, rather than be convicted of DUI. Therefore, this legislation takes this "easy out" away from the repeat offender. Under the new law, if someone convicted of DUI twice within the last ten years is then convicted of a refusal to take the test, the punishment is the same as if he had been convicted of DUI.
Kaine stated: "These two provisions, taken together, will allow prosecutors, judges and defense lawyers to send a clear message to the repeat offender: 'If you are convicted of another DUI, you will serve a year in jail. If you refuse the test, you will serve a year in jail.' As policymakers we must pass progressive sanctions to stop people who continually drink and drive. We must target specific populations - such as convicted and repeat offenders - with specific deterrents. This legislation will put the tools in the hands of our legal system to effectively change the behavior of repeat drunk drivers."
Lieutenant Governor Kaine was joined at the press conference by Norfolk Commonwealth's Attorney John R. Doyle, III and Mothers Against Drunk Driving, who both have endorsed this legislation.
TOP OF THE PAGE
Find
a Drunk Driving Lawyer
|
