State Senate Passes Tougher DUI Laws

[Red Arrow]

Don't let your buddies put their empty beer cans in the trunk of your car.  If you are stopped, the assumption is that you drank them all if you are alone when caught.  No wonder there are so many empty cans and bottles littering our roadsides.

[carltonplace]

I applaud our legislature, this is a much better answer and deterant than providing alternate modes of transportation to people to get them home when they eat out.

I love the underlying message: "Please please please frequent our bars and restaurants because we need the sales tax, and we can really use the revenue gerenerated by prosecuting you after we pull you over."

[dbacks fan]

There is a saying in Arizona, "Come vaction and party in Arizona, go home on probation".

[Red Arrow]

I applaud our legislature, this is a much better answer and deterant than providing alternate modes of transportation to people to get them home when they eat out.

I love the underlying message: "Please please please frequent our bars and restaurants because we need the sales tax, and we can really use the revenue gerenerated by prosecuting you after we pull you over."

Probably reasonable for repeat offenders.  I think it's a bit harsh for first time offenders if there are no injuries or property damage involved.  Maybe a higher threshold than just being above .08 would warrant the harsher punishment.

[dbacks fan]

For first-time convictions, you will serve at least 10 days in jail and pay at least $250 in fines. You'll also have to attend an education class and possibly complete hours of community service.

Penalties increase substantially with the severity of the intoxication and the frequency of DUI convictions. Your second (or subsequent) conviction will result in at least 90 days of jail time, at least $500 in fines, and you'll lose your license for a whole year. Community service, educational courses, and an ignition interlock device (see below) might also be part of your sentence.

Extreme DUI, or having a BAC of 0.15% or more, will result in much harsher penalties, even on a first conviction.

http://www.dmv.org/az-arizona/automotive-law/dui.php

[Conan71]

Don't forget that APC (Actual Physical Control) --people within reasonable distance from their cars while intoxicated or sitting in their car while waiting for a taxi-- carries the same punishments as DUI.

Thanks TURobY.

Drink at home or plan on getting a ride.  Simply not worth it.  As well, DUI deaths are completely preventable.

[heironymouspasparagus]

No where near harsh enough, especially if property of physical damage is involved.  That is violence with intent and deserves much more.

[TheTed]

I thought empties were OK in the trunk, as long as they're not in the passenger compartment. I gotta legally take my recyclables to the MET somehow.

As for the physical control, can you really get a DUI sitting in your non-running car if you're not in the driver's seat?

[Red Arrow]

I thought empties were OK in the trunk, as long as they're not in the passenger compartment. I gotta legally take my recyclables to the MET somehow.

As for the physical control, can you really get a DUI sitting in your non-running car if you're not in the driver's seat?

Take your cans to the MET sober and there will be no way to get a blood alcohol level to convict you.

Yes, you can get a DUI in your non-running car even if you are not in the driver's seat, at least if you have access to the keys.  Not sure if someone took your keys and you have no more.

[nathanm]

As for the physical control, can you really get a DUI sitting in your non-running car if you're not in the driver's seat?

Yes, you can end up with a DUI conviction if your wife is driving you home in the car and stops at QuikTrip and leaves the keys in the car while going inside (or you both have a set of keys). I'm all for harsh punishment of drunk driving (at least at .10, .08 has no scientific basis), but this sort of thoughtcrime BS is rather upsetting to me.

It would be nice if the party that wraps itself in the flag would take up these issues of government overreach in the criminal law. It's not a hot button issue that garners votes, though. Nor does it make for good ad copy to appear to be on the side of drunks.

[Red Arrow]

No where near harsh enough, especially if property of physical damage is involved.  That is violence with intent and deserves much more.

The last time I was out I know I heard at least a half dozen partiers say "I hope I can kill someone with my motorized vehicle tonight." 

There is no excuse and it is 100% preventable but I don't agree with the philosophy that impaired drivers intend to hurt themselves or someone else. (With a possible exception of a few wackos.)

[Conan71]

Yes, you can end up with a DUI conviction if your wife is driving you home in the car and stops at QuikTrip and leaves the keys in the car while going inside (or you both have a set of keys). I'm all for harsh punishment of drunk driving (at least at .10, .08 has no scientific basis), but this sort of thoughtcrime BS is rather upsetting to me.

It would be nice if the party that wraps itself in the flag would take up these issues of government overreach in the criminal law. It's not a hot button issue that garners votes, though. Nor does it make for good ad copy to appear to be on the side of drunks.

Actually there is scientific basis for .08.  Motor skills and judgement are impaired at even lower levels.  As well, what I perceive as my level of intoxication at .08 will be quite a bit less than that of my 21 year old daughter who seldom drinks.

[heironymouspasparagus]

There is massively overwhelming evidence and experience and education and discourse in our society about the effects of driving impaired - whether 0.08 or 0.1, such that when one does drive impaired, yes, it is with intent.  One does know.  And one does intend.

[YoungTulsan]

Take your cans to the MET sober and there will be no way to get a blood alcohol level to convict you.

Yes, you can get a DUI in your non-running car even if you are not in the driver's seat, at least if you have access to the keys.  Not sure if someone took your keys and you have no more.

You'd have to call the cop's mother something nasty for them to take you downtown for something like that though.

[TURobY]

You'd have to call the cop's mother something nasty for them to take you downtown for something like that though.

You'd be surprised...