DUI laws refer to the criminalization of driving under the influence of intoxicating substances, this crime is something that should be taken very seriously as it puts so many people at risk for such an unnecessary reason. There is much variation in opinion when it comes to the current DUI laws, with many people arguing the penalty should be increased in order to further deter people from drink driving and consequently save lives. The current laws state that a person would be committing a DUI offense if he or she is found operating any kind of vehicle whilst under the influence of drugs or alcohol in a public space. The severity of a DUI penalty can totally depend on the circumstances of the incident and if anyone was hurt, however, we may be seeing a stricter penalty system in the future.
Current DUI Laws
The current DUI laws that are in place are highly influenced by the case-specific details of each offense, if someone was to commit this crime with minimal damages and without hurting anyone, the penalty is likely to be less severe than that of someone who injured another member of the public whilst behind the wheel. Many argue that this should not be the case as people who are prepared to drive their cars whilst intoxicated still show a lack of care for others’ safety and they shouldn’t be shown leniency just because they were lucky enough to not hurt someone.
A drunk driver is someone with an alcohol blood concentration of 0.08 percent or higher, readings are taken with a breathalyzer and the authorities may ask for a simple reaction test to be conducted as well. This process of gauging a person’s intoxication level has also seen much scrutinization in recent years, with general opinion being that anyone who has had a drink and is prepared to drive should face more severe consequences in the reflection of the sheer recklessness they have displayed. As previously mentioned there are further factors that can influence the severity of punishment such as DUI with a minor in the car, multiple DUI offenses, and DUI leading to serious injury or fatality. These factors would all increase the severity of the punishment as they reflect a lack of care for your safety as a driver and others around you.
There are also factors within DUI laws that could decrease the severity of the offense, intoxication by prescribed medications, having no previous driving offenses on your record and there is some discretion when it comes to readings close to 0.08 percent. These factors could result in a drunk driver being let off with a less drastic punishment but, not everyone agrees with this leniency and believe the punishment for a DUI offense should be taken seriously no matter the circumstances.
When it comes to crimes of this nature, proper legal representation is a must due to the sheer amount of factors that come into consideration during prosecution. Boise DUI is a well known legal service particularly for cases of intoxicated driving, whether you are the offender or victim of such a crime the law currently requires a high level of factor consideration in order to determine the necessary punishment. Your legal representative should be well versed in DUI law so they can effectively represent your case and put forward any of the necessary factors that come into play around your situation. DUI law allows for some negotiation of your sentencing, so having a representative who ensures you are treated fairly and given the correct level of punishment severity would be the right way to go. Although you should not be allowed to get away with the offense by any means, you still have the right to be treated fairly in court and given the opportunity to plead your case with the proper legal representation to aid you.
How should they change in the future?
With some discrepancies around leniency factors within DUI law, many people are calling for a change when it comes to how people are prosecuted for getting behind the wheel under the influence. It is a common opinion that just because nobody was injured or killed during an incident, the driver still had the intention to disregard road safety so the punishment should still be severe. Rather than offering leniency factors, we may see a much more severe punishment for DUI in the future as a means to decrease the number of offenders. There seems to be a lot of evaluation involved within how people are prosecuted for driving under the influence, with many states having levels of one to five based on how serious the incident was. This is where leniency and aggravating factors come into place for a court of law to decide what the most suitable punishment would be. Currently, punishments range from a driving ban to a fine and short prison sentence, but we may see a drastic change in how DUI laws are conducted in the future.
Those who have fallen victim to reckless and drunk driving will understand how life-changing an incident of this nature could be, with the law currently having a rather slack attitude to this crime we could see a decrease in the amount of opportunity that is given to offenders to get a reduced punishment over the coming years.