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How San Diego DUIs punishments rank with the rest of the country

On Behalf of | Jun 17, 2015 | Firm News |

San Diego DUI sanctions rank as some of the toughest in the country. A San Diego DUI conviction comes with a license suspension, a fine of over $2,000, a mandatory DUI education course, etc.

Some cases warrant some sanctions. After a thorough review of the evidence a good defense would be limiting the amount of punishment. However, if someone is sleeping on the side of the road should they be hit with punishment because of a DUI prosecution “theory”? People assume the prosecution will give a lower charge….and the answer is almost always those people will be charged with a San Diego DUI.

Punishment should fit the act. I am in court and see a lot of peoiple do worse and get less punishment than a DUI. I cannot tell you how many average folks come into my office saying they are not for DUIs but now that they are in the process they feel the punishment is not right. Whatever the punishment it should fit the act.

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Every day, almost 30 people in the U.S. die in motor vehicle crashes that involve an alcohol-impaired driver, yet state laws still vary dramatically when it comes to dealing with this issue.

Personal finance site WalletHub analyzed the enforcement rules in each of the 50 U.S. states and the District of Columbia across 15 key metrics, from minimum jail sentences to ignition interlock device requirements – a breath alcohol measuring device installed on a car’s dashboard – that drastically reduce repeat arrests of those previously convicted of driving under the influence, or getting a DUI. For instance, there is no minimum jail sentence for a first-time offender in more than half of U.S. states.

Arizona was the strictest state for DUIs and has the longest minimum jail term (10 days) for first-time offenders, a vehicle impound and a 90-day minimum jail time for a second offense. A DUI is an automatic felony with a third offense and an ignition interlock device is mandatory after one DUI conviction. Arizona was followed by Alaska, Connecticut, West Virginia, Kansas, Nebraska, Utah, Virginia as the strictest states on the list.

South Dakota, the least strict out of all 50 states, has no minimum sentence for either a first or second DUI. Although a third DUI is considered a felony, there is no administrative license suspension, no vehicle impound, no administrative license suspension and no mandatory ignition interlock device required. The other lenient regions included D.C., Pennsylvania, North Dakota, Maryland, Montana, Wisconsin and Kentucky.

Read: You killed me at hello: 26% of car wrecks involve phones

All states define driving with a blood alcohol concentration at or above 0.08% as a crime, but laws and penalties vary from state to state. After a first arrest with a blood alcohol content of .08 or more, an ignition Interlock device is mandatory in 24 states, WalletHub found. In 14 states, it’s mandatory after a first offense only above 0.15. In seven states, these devices are mandatory only after a second offense, and in six states the device is never required.

On average, first-time offenders should expect to spend a minimum of one day in jail, while those who are at their second offense should expect at least 21 days in prison. In 37 states, alcohol abuse assessment and/or treatment is mandatory. Overall, so-called red states, or those that voted Republican in presidential elections, tend to be stricter on DUIs, with an average ranking of 23 versus 28 for blue states (with a rating of “1” being the strictest).

In 2013, 10,076 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third of all traffic-related deaths in the U.S., according to the Centers for Disease Control and Prevention, but this has declined by over 50% since the 1980s due to tougher penalties and changing social attitudes to drinking and driving. Of the 1,149 traffic deaths among children up to 14 years of age, 17% involved an alcohol-impaired driver.

The full article can be found here.

If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive.

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