CrimLaw

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Generally, I think that Virginia's DUI laws are out of control. The BAC level is too low and you see too many people getting felony convictions for having a .10 in 1992, a .09 in 1995, and a .08 in 2002 (3d strike is a felony)(pulled over for broken tail-light while driving home from watching a football game at a buddy's house). Honestly, most people at .08 are probably in control of their faculties even though the law, urged on by the prohibition crowd, presumes they are drunk. People who are just plain tired are probably as much or more of a danger at 2 or 3 a.m. The officer does a series of tests but they are usually hard to pass dead sober and any sane officer, or at least one that cares about his job and family, will not let anyone by who is above the presumption - no matter how well he does on the tests. The officer's heard too many horror stories of officers being sued for that one accident (out of thousands of people allowed to finish their drive home).

Yes, horror stories abound (and are powerful ammunition for prohibitionists) but they almost always involve someone with a BAC at least at .15. One never hears of the hundreds of citizens convicted each week for DUI's not because they were driving dangerously but because they drove up to a checkpoint, or were stopped for speeding 5 miles over the limit, or had something wrong with their car, &cetera. The most egregious cases are those when somebody realizes he is drunk to drive gets in the car, turns it on so he can use the heater, and goes to sleep. When the officer finds him he is convicted of a DUI because he is "operating" a motor vehicle. Don't think it happens? Read this (click on the sentence).

If we must remove the necessity of proof beyond a reasonable doubt and assume guilt I think the presumption should be at .10. I also think the felony should be 3 convictions in 5 years or 4 convictions in 10 years. Of course, I am not a legislator and never will be as long as I keep posting things like this.