For a long time, law enforcement agencies have had a negative stereotype against motorists that are suspected or found guilty of drunk driving. While their reaction may be justified because of the adverse effects of drunk driving and the risk factors involved, sometimes well-meaning citizens who are no threat to themselves or others on the road are included in all this. First of all, not everyone that is on suspicion for operating a vehicle under the influence is a drunk driver. Some of these people are constructive and responsible citizens who have just been caught once for wrongdoing.
These drivers should not be subjected to the negative label of drunk driving alongside motorists who have total disregard for traffic rules. They should not be submitted to the harsh penalties of drunk driving, such as increased insurance charges, massive fines, confiscation of their vehicles, loss of their driver’s licenses, and incarceration, among others, just because of a single careless act of operating a vehicle under the influence.
What we need are DWI reform ideas that will ensure that motorists who are facing DWI charges are penalized according to the degree of the offense committed. We need to come up with a legal standard of defining drunk driving as well as a legal, due process that will protect the rights of citizens, despite the offense they have committed. When this happens, hardworking, and honest citizens who have just made a single mistake will not be harassed in the process of penalizing them for their single mistake. Before we explore the various DWI reform ideas, please always consult your Fort Worth DWI Lawyer to defend you if you are facing DWI charges.
The Setting of a More Rational and Legitimate BAC Standard
The law that governs Blood Alcohol Content has been in place for a long time, as a standard measure of whether or not a motorist is operating under the influence. While it has been useful in determining the actual amount of alcohol content in a person’s blood, it has not been a valuable tool in ensuring fairness when it comes to penalizing DWI offenders. For that reason, there may be a need for repealing it. The law that is in use labels every driver that is caught operating a vehicle with a blood-alcohol content of 0.08% or more as an impaired motorist. No exceptions are made to this, and defenses are unacceptable to prove otherwise.
The truth is that most people who consume alcohol are usually not efficiently impaired when their BAC reads .08%, which means that they can correctly and safely operate their vehicles. If we still want to use BAC as the standard determinant of drunk driving, we might need to increase the level to maybe .12% to ensure that those who are apprehended and charged in court are those that are indeed impaired.
Changing the Penalties and Fines to Reflect the Actual Magnitude of the Offense Committed
What we have in our system today are standard penalties for DUI-related offenses, based on the facts of the case and the offender’s criminal history. Two people could be convicted of a misdemeanor, even when the circumstances of their arguments are dissimilar. We should ensure that DWI offenders are only receiving penalties for the real harm they have caused.
If, for instance, a motorist under the influence causes an accident that results in property damage, they must be penalized accordingly. It means that their penalties will include paying full reimbursement for the damages others have incurred because of their carelessness. A driver who, on the other hand, is charged with a minor traffic infraction, should face less-severe penalties.
Do Away With Breathalyzers
Breathalyzers are commonly used as the main determinant of a driver’s blood-alcohol level, despite the many issues surrounding them. This means that your Fort Worth DWI Lawyer is likely to use flaws in the administering of Breathalyzers tests to defend you against DWI charges. First of all, breathalyzers don’t provide accurate information about a person’s BAC. They have a high margin of inaccuracy that should not be overlooked as it can cause a person to be penalized for DUI, while in the real sense, their BAC was lower than the standard. The only way we can prevent making more mistakes when arresting and convicting DWI offenders is to do away with these testing devices.
Eliminate Sobriety Checkpoints
Eliminating sobriety checkpoints is another way through which we can streamline our legal system as far as arresting and convicting DUI offenders is concerned. DWI checkpoints only instill fear and pressure, and in the end, the police only end up with a few suspected DUI cases. In their place, we could have the police deployed in various locations to find impaired drivers.
The Necessity of DWI Reform
Even though your Fort Worth DWI Lawyer will do everything possible under the law to defend you against DWI charges, we still need DWI reforms in our criminal justice system. These reforms should revolve around setting a more rational and standard BAC, how we punish offenders, and how we can eliminate errors in breathalyzers. However, issues with DWI laws can only be resolved if we all agree that a change is needed.
