DUI/DWI Penalties: Too tough or not tough enough? Purpose: By the end of this speech, my audience will have a greater understanding of the penalties invoked for individuals violating DUI/DWI laws. Central Idea: Driving while under the influence of alcohol or drugs (even legal ones) is one of the most dangerous things an adult can do…
The New York State DMV states that a driver with a blood alcohol content of 0.08, just above the legal limit, is four times more likely to cause a traffic accident than when sober. Underage drinkers are at even higher risk, being three times more likely to be involved in a fatal alcohol-related crash. (NYSDMV) Therefore, it is vital that our justice system impose penalties to act as a deterrent to these behaviors, and be strict enough to convince drivers to think twice. However, after an analysis of the current legal situation with regard to DUI/DWI penalties, it becomes clear that the current punishments are too harsh for the crime. Preview Statement: In order to analyze the strictness of DUI and DWI laws, we will first look at the current laws on the books, how violations are determined, and finally the success of those laws. I. Current DUI Law A. Legal intoxication - BAC at or above 0.08 in all states. Is “pre se” law, a finding of BAC at the requisite level is considered a violation regardless of circumstance (FindLaw DUI Basics) B. Zero tolerance laws (FindLaw DUI Basics) i. target drivers under 21 ii. range from any (above 0.0) to negligible (0.1-0.2) BAC iii. usually involve higher penalties, such as longer periods of license suspension (NYSDMV) C. Most states have penalties that increase with each offense (FindLaw DUI Basics) D. ...
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