How Many Deaths Caused By DUI Before Prison Becomes The Punishment

This past Tuesday evening in Clearwater, Florida a 58 year old man who has been convicted three times for driving under the influence hit a motorcycle carrying two young men, one 24 years old and one 25 years old. The two young men are dead. The drunk driver turned in front of them. The drunk driver was licensed and driving legally with the exception that his blood-alcohol content, which was tested twice, was 0.179 and 0.186. A driver in Florida is presumed intoxicated when his or her percentage is 0.08 or higher.

So, why write about this? I have always been concerned about people that drink and drive. When I taught our two children to drive, I concentrated more on what other people around them were doing than the basic mechanics of driving. I knew they would learn how to use the accelerator and brakes and be able to steer the car. My greatest concern for their safety on the road? Unexpected actions taken by others that could kill them. On the low end of my list of concerns were people that did not signal before changing lanes or people that stopped suddenly without notice. But on the high end of my concerns were people that did things one could reasonably expect them NOT to do, like blow threw a stop sign or red light. So we concentrated on a much higher level of defensive driving, awareness and learning to expect to unexpected.

Partially as a result of that driving education by dad and probably just because of our own family values, both of our children became the “always designated drivers” when going out with friends and they continue to do this today, in their 30s. Oh, they have a beer or two or glass of wine when out sometimes. But they are married so one can drink but the other does not and then drives. Strange in these days, but true. That, however, will not keep them and anyone riding with them from being killed by someone who has had multiple driving arrests for driving drunk and is still legally driving.

Let’s return to our drunk 58 year old killer in Clearwater. For starters, following this accident he left the scene but was stopped by another motorist and held until authorities arrived. This man’s license was revoked for longer and longer periods with each of his successive three previous convictions according to records with the Florida Department of Highway Safety and Motor Vehicles. His license was revoked for 180 days in 1987 after his first drunken driving conviction. It was then revoked for 5 years in 1989 after another and in 1996 it was revoked for 10 years following a third conviction. Records indicate he won his license back last year. Thus, last Tuesday night, although intoxicated, he was driving with a current and legal license.

What should his punishment be this time? Since he killed two people I think not only are his driving days over but so is his freedom. But was this avoidable? Could the lives of the two men he killed been avoided if stiffer penalties had already been in place? I used the term “prison” in my title, not jail. Although I don’t have this man’s jail records along with the fact his license was revoked three times, I have to guess he may have spent a bit of time in “jail” for one or more of his previous offenses. But I draw a distinction between going to jail and losing the right to drive for awhile and doing “hard time” in prison for driving drunk. And I don’t think it should take two or more offenses plus the loss of life for our States to stiffen the penalties when dealing with habitual offenders.

Alcoholism is a problem in today’s society. I understand that. It may be safe to say our drunken driver has a problem that should have been addressed years ago. But getting drunk and driving has become a national epidemic and I don’t see the statistics improving. We certainly know what to do with drug users that are caught with marijuana, cocaine or crack. Some think we eve are too tough on drug users. How ironic.

So what additional teeth should we put into DUI laws when dealing with people that show complete disregard for themselves and others every time they get behind the wheel of a car intoxicated? How about using a sliding scale – say, the drunker they are, the more time they spend in jail, after the FIRST offence. After two, it doubles. Three times, my suggestion is to follow the same penalty used in Florida’s three strike rule. Hard time, with mandatory minimum sentences judges cannot get around.

If you feel the way I do I would ask that you make this a personal issue for yourself. Write or call your own State representatives. We need to strengthen the laws so what happened last Tuesday night in Clearwater, Florida and I am sure is occurring in every State every day and every evening can be stopped, dead.