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Delaware Gets Tough on DUIs

admin — Wed, 15 Jul 2009 00:03:19 +0000

Governor Jack A. Markell (D) of Delaware just signed two new laws that increase penalties for driving under the influence. The two bills were House Bill 152 and Senate Bill 177. House Bill 152 increases fines for all DUI offenses and makes the penalties particularly tough on fourth and subsequent offenders. With it, six months of jail time is required and the charge would be a felony. The full text of House Bill 152 can be read here.

Senate Bill 177 applies to first time offenders with a BAC reading of .15 or higher. The new penalties increase the period of license revocation to six months from three. It also increases the imposition of ignition interlock devices and limits drivers with ignition interlock devices to driving for work, school, alcohol treatment or service appointments for the device. The complete text of the bill can be read here.

Since the penalties imposed by House Bill 152 are onerous, it will surely increase the need for and cost of good defense attorneys.

Totalitarian Missouri DWI Law

admin — Mon, 06 Jul 2009 17:35:38 +0000

Missouri Governor Tim Pawlenty (R) signed a new law that went into effect on July 1st that requires repeat DWI offenders to install breathalyzer devices on their vehicles. To start the car, you have to blow into the device and register less than a .02 BAC or the car will not start. It also requires that you blow into the ignition interlock device periodically as you drive.

This practice should be ruled unconstitutional since it only applies to certain drivers and enforces a BAC level that is 75% lower than the legal limit. In effect, it creates a set of laws for one class of people that is different and more onerous than for another class of people. In my opinion it violates the equal protection clause of the constitution.

Their is a cost involved with installing the device, removing the device, servicing it and a monthly service fee that runs $75 to $125 a month. These fees, not surprisingly, are paid by the driver and not the state. Register your displeasure with the law by calling your representatives in Missouri and asking them to show you how this law will save lives or reform repeat offenders without providing them with any rehabilitation.

Ohio Draws Blood

admin — Wed, 01 Jul 2009 19:57:30 +0000

Republican Senator Tim Grendell from the 18th District in Ohio wants to change the state law so that emergency medical technicians can draw blood samples from DUI suspects at the traffic stop and have the results hold up in court. He believes that this is necessary to increase convictions. Opponents say that the proposed law is not needed and would only tie up EMTs in court as witnesses. This would reduce the time that they would have out serving the people of the state with emergency medical care.

It is this web site’s position that the proposed law is not needed and could cause harm to the people of Ohio. Fortunately, the Ohio Emergency Medical Services Board “has determined that an EMT does not appear to be a ‘qualified technician’ for the purpose of withdrawing blood pursuant to a law enforcement matter.” You can read their determination here: Withdrawing Blood for OVI Evidence Collection.