Sunday, January 17, 2010

Societal Misconceptions of DUI

The advent of the crime of driving under the influence has brought with it both good and bad. The good is that we have likely saved hundreds from senseless injury, death and pain due to getting those that are truly impaired off the roadway. The bad is that many folks who are not impaired and are of no risk to the public have been arrested for DUI because of hysteria of drinking and then getting into a motor vehicle. The police are quick (some may say rightfully so) to arrest someone with the mere odor of alcohol on their breath. As a lawyer I have seen many cases where an arrest takes place and later a breath test exonerates the driver with a BAC lower than .05, which is the level at which even the AMA admits a person is not impaired. Society has instilled a belief that having the odor of alcohol on your breath and drivinf is illegal, and MADD has instilled a societal belief that any drinking and driving is a crime. Right or Wrong? What are your thoughts.