DUI / Drunk Driving lawyers update

A proposed change in West Virginia’s drunken driving laws that would enhance safety measures while also alleviating jail costs for counties appears to be a win-win situation for all.

The revision would toughen penalties on motorists with a blood alcohol content of .15 or higher by making the crime “aggravated DUI” and requiring Interlocks on their vehicles. An Interlock system prevents ignitions from starting if the driver has ingested any alcohol. The crime would also carry a mandatory jail term of two days to six months.

Another element in the new legislation would eliminate the mandatory 24-hour term, which could provide relief to counties and cities struggling with high regional jail costs. The proposed bill would also allow first-time DUI offenders to choose to install Interlocks to trim the current 30-day license suspension to 15 days.

Donna Hawkins, state director of Mothers Against Drunk Driving, called the bill “a historical, landmark piece of legislation for West Virginia.”

“This is going to save lives. It’s going to get offenders back on the road quicker. It’s going to save on regional jail costs. It has a lot of great elements in it,” Hawkins said.

Last year, drunk drivers killed 129 people in West Virginia and were responsible for 2,600 non-fatal injuries.

Although MADD wanted the state to require the use of Interlocks for first-time DUI offenders with a blood alcohol content of .08 to .149, the group acknowledged the proposed legislation offers “a great incentive” for those with low BAC levels.

At a Senate Finance Committee Hearing Tuesday, Hawkins said as many as 7,000 first-time DUI offenders are jailed each year.

The use of Interlocks — which will prevent a vehicle from starting if the driver has ingested any alcohol, regardless of his or her BAC level — would keep motorists who have been drinking off the road, and could save municipalities money by decreasing the mandatory jail time for first-time DUI offenders.

At the same time, strengthening penalties for more serious DUI offenders would also keep highways safer.

“Those are the offenders that are true problem drinkers and cause the majority of fatalities in West Virginia,” Hawkins told the Senate committee.

The use of technology, such as Interlocks, to keep our highways safer is an important tool that lawmakers must consider as they update legislation to reflect societal changes.

If we can harness this technology to prevent future tragedies, while also saving taxpayers’ dollars, then it is a beneficial measure for all West Virginians.

Lawmakers, because of MADD pressure, may move swiftly on this legislation so that the law may be revised before time runs out on the 2008 legislative session, according to DUI lawyers.