Prosecutors Desk 7-8-12

There were several changes to our laws which strengthen efforts to stop DUI driving. The changes range from increasing the fines to longer sentences and enhancements for having children present in the vehicle.

One of the most important changes was that the seriousness level for the crime of Vehicular Homicide while driving under the influence of alcohol or drugs was increased from a level IX to a level XI offense. This results in a standard sentence range of 78-102 months for a person with no prior offenses. This is now similar to the penalty for manslaughter.

Some enhancements have been added to the DUI penalty. If a child under the age of 16 in the vehicle at the time of arrest, law enforcement notify Child Protective Services if the person arrested is the child’s parent, guardian, legal custodian, sibling, or half-sibling. Additional fines are assessed based on the individual’s prior convictions. Fines will be from a minimum of $1,000 to a maximum of $10,000 depending on prior offenses.

If an individual is convicted of a felony DUI, Vehicular Assault DUI, or Vehicular Homicide DUI and had a child under the age of 16 in the vehicle at the time of the offense, an enhanced sentence of 12 months for each child in the vehicle is added to the individual’s standard sentence.

My personal favorite is that now when a person is arrested for felony DUI, a breath or blood test may be administered without the person’s consent. This has been a long time coming.

Drunk drivers kill and maim innocent persons. Finally, it is now the right of the motoring public, that when it appears likely that a felony level alcohol offense has occurred, a chemical search of the person will conducted with or without the person’s consent. This is fair and reasonable. The legislature has recognized this and passed the law, but we can be sure it will be tested in the Appellate Courts. I hope the courts will uphold this statute and not decide that this violates a person’s right to privacy of his blood alcohol or drug content or some other right. We will see whether the courts will allow this law to stand.

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