There are many new laws that have recently been passed by various states (and the Federal government) that govern what happens to those who are convicted of drunk driving. Drinking and driving is a serious crime in most states, and multiple convictions normally result in harsher penalties each time. Now, in order to curb drunk driving, states are resorting to stricter punishments for even one drunk driving conviction.
For example, the state of California allows convictions for drunk driving to be counted under their Three Strikes laws. Someone with three strikes could see a much longer prison term than they would normally see under the old laws. This includes as much as lifetime imprisonment terms for drinking and driving time after time.
Other states use certain devices to steer people away from wanting to drink and drive. Ignition interlock devices are among the most widespread ways of preventing drunk driving, as they require a driver to pass a breathalyzer test before the car will even crank. In addition, the owner of the car has to pay for the machine to be installed, and it can be somewhat expensive in some areas, especially if the owner has to travel to a larger city to find a qualified mechanic.
Similarly, courses such as AA or comparable programs become mandatory in some states after even one drunk driving incident. Some courts will allow the successful completion of these courses to count as adequate punishment for the crime, and will then remove it from the defendant's criminal background completely (much like a First Offender Act crime).
For those who choose something like community service and/or rehabilitation courses, the degree of punishment is no less severe under new laws. Hours or courses can be significantly longer and harder, and most new community service jobs are physically taxing. However, they are often preferable to being forced to spend weekends or entire weeks in a jail cell.
Finally, the laws have also changed regarding drunk driving as a probation violation. Instead of a similar legal limit to that of someone who has never been convicted of a crime, those still on probation often have much lower legal limits (if they are given license to consume alcohol at all). This zero tolerance policy is, again, designed to decrease the number of incidents in the United States each year.
This information is provided solely for informational purposes and does not constitute legal advice.
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