Dwi: A coarse Crime, an Out-Of-Control business

Dwi: A coarse Crime, an Out-Of-Control business

In the late 1970s, it became apparent to population not just in the United States but in other parts of the world that too many population were dying on the roads as a consequent of drunk driving.  Because the United States is such a large country and most population rely upon their cars to travel even short distances, these Dwi deaths were more frequent in the U.S.

At the same time, national organizations, along with Mothers Against Drunk Driving (Madd) were founded.  Madd was founded by the mother of a 13-year-old Texas girl who had been killed by a drunk driver.  Other organizations, along with Sadd, soon followed.  But Madd was the most powerful, helping to lobby for unabridged new laws that would lower limits on the amount of alcohol someone could have in his law while still driving legally.

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This Bac (Blood Alcohol Concentration) is set by the states, but is the same over the United States because of a federal highway law which limits the amount of highway funding a state can receive if it does not agree to a.08 Bac.  In North Carolina, the amount is expressed in the law as the volume of alcohol per volume of exhaled breath.

Before the 1970s, the amount of permitted alcohol in the law was fairly high -.15 in some states.  But in the 1970s and 1980s, states started to lower the Bac permitted.  By the 1980s, most states had lowered the limit to.10, which is where it stayed until the 1990s, when states, pressured by the federal government, lowered the limit to.08.

Today, in North Carolina (and in all states) it is a "per se" violation of the law to drive with a Bac of.08 or above.  By "per se," the State says that all it has to prove is that the someone had a.08 Bac at a relevant time after driving on a highway or social vehicular area in order to find someone guilty of a Dwi. This means that the state does not necessarily have to prove the someone was driving badly.  The.08 is enough.

The Court of Appeals has recently held in North Carolina that a jury is not required to convict on a.08.  In other words, if evidence of a.08 (or.10 or.15 or anything number) comes into court, but a jury thinks that the someone was not the driver, or that there was too much delay in testing the person, or that the reading was an error, the jury can find the someone "not guilty."

So while a.08 is a per se violation of the law, the.08 does not wish conviction.  (That may not make sense to a non-lawyer, but that's how the legal world functions.)

If you go to news.Google.com and quest for the term Dwi on any given day, you're liable to find thousands of news stories about various population who have been stopped and arrested for a Dwi.  That's because Dwis are far and above the most coarse serious crime in the United States.  They are coarse because they are the kinds of crimes that population commit without reasoning about committing a crime.  They are serious because in most states, along with North Carolina, the first offense is a crime.  And the first offense, if it results is a conviction, means the suspension of a license for a year, a criminal record, fines, community service, and in safe bet circumstances, jail.

In fact, the maximum jail sentence in North Carolina for a Dwi is two years.  Most first time Dwi defendants are not going to receive any jail time.  But, even where jail time is not a possibility, the other penalties, along with the one-year revoked license, are costly and unpleasant.

In addition, safe bet Dwis are punished even more harshly.  For instance, if you blew a.15 or above and if that amount is admitted into court (a technical process arresting verification of the number, your rights, and the permissible functioning of the Intox Ec/Ir Ii machine), your license will be suspended for 1 year, and while that year you will have to have an Interlock gismo in the car.

I've described the Dwi as a "common crime" but how has the Dwi created an out-of-control industry?

In other countries, there are no-tolerance rules.  If you're caught driving with any amount of alcohol in your system, you're going to be convicted of a Dwi.  But in the United States, we've created a hybrid law where you can legally drive with some alcohol in your system, but not "too much."

In order to quantum either someone has driven with "too much" alcohol in his system, a whole manufactures - makers of the machines, along with the Intoxmeter, the Intox Ec/Ir, the Alcosensor, and so forth - form a multibillion dollar economy to provide police agencies with these machines.

In addition, the criminal justice law itself extracts hefty fines upon conviction, other companies provide "substance abuse assessments" and rehabilitation programs at high cost, and training companies have formed that train police officers, prosecutors, and even defense attorneys, like your humble writer, in how to either convict, or defend population against Dwi charges.  These cost money as well.

Instead of plainly out-lawing drunk driving completely, the United States has chosen a hybrid system, which I would argue is much more expensive, and less safe.

Dwi: A coarse Crime, an Out-Of-Control business

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