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| Oklahoma Law Information, opinions and debate on the Oklahoma litigation system. |
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In my opinion, jailtime is not an adequate deterrent to drunk driving. Being that Oklahoma transportation is completely centered around the automobile, suspended licenses are the only effective punishment for DUIs. Sure having drunk drivers behind bars makes the public feel better, but does it actually work as a deterrent?
Now, it is imperative that the state does not seem weak concerning drunk driving. There is no excuse and there should be no toleration for it. However, it is irresponsible to clog up the jail cells and prisons for completely non-violent crimes. |
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Anyone who thinks suspended driver's licenses are a functional deterrent should go visit the Avalon correctional facility sometime (it's where most DUI offenders go to serve weekend sentences). First, notice that they have a pretty large parking lot.
Second, realize that most of their inmates show up each weekend in their own set of wheels. Third, realize that a second conviction for DUI (which lands you in the pokey) also mandates a 1 year suspended driver's license.
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.08 is an adequate standard. I agree that license suspension is not a deterrent, unfortunately incarceration doesn't work well either. Without sounding too much like "Big Brother" there must be technology available to build an ignition system that would be disabled if the wearer of a "DUI Bracelet" got within close proximity. Make installation mandatory on any vehicle the offender has access to, at his or her cost.
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now where are we going to put all these DUI's. I mean OK is now kicking criminals outta of prison to lease it out to other places and for other programs. OH wait build more prisons?? And I bet most of you YELL NIMBY..
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You think our prisons are overfull now... you ain't seen nothin' yet. 99% of people think that's an incredibly terrible idea.
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A few similar fact patterns come to mind which are just as dangerous as driving after 3 beers (all it takes for a lot of folks to get to .08BAC). For example, I, on my drunkest driving day would be far safer a driver than the 99 year old great-great-grandmother peering over her dashboard like Lily Tomlin in her 'big chair' (of Laugh-in fame); or perhaps someone who drives while extremely sick or otherwise impaired? While situations like those could give rise to a 'reckless driving' charge (never happen though), they sure as heck aren't felonies, and they don't deserve to be due to the fact that no actual harm occured. Calling something a felony (meaning 1+ year in prison is your sentence) is a big deal. In my mind, you need at least some actual harm to others to get there. I can think of no other crime where simply exposing oneself and others to a risk is punishable as a felony. Can you?
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