Presuasive abbreviated outline - Research Paper Example

DUI/DWI Penalties: Too tough or not tough enough? Purpose: By the end of this speech, my audience will have a greater understanding of the penaltiesinvoked for individuals violating DUI/DWI laws. Central Idea: Driving while under the influence of alcohol or drugs (even legal ones) is one of the most dangerous things an adult can do. Legal consequences should reflect this fact. Introduction: While the use of alcohol is considered a generally safe and fun pastime, its use requires maturity. Driving under the influence of alcohol greatly increases the risk of a crash, and any amount of alcohol may impair your driving skills.

The New York State DMV states that a driver with a blood alcohol content of 0.08, just above the legal limit, is four times more likely to cause a traffic accident than when sober. Underage drinkers are at even higher risk, being three times more likely to be involved in a fatal alcohol-related crash. (NYSDMV) Therefore, it is vital that our justice system impose penalties to act as a deterrent to these behaviors, and be strict enough to convince drivers to think twice. However, after an analysis of the current legal situation with regard to DUI/DWI penalties, it becomes clear that the current punishments are too harsh for the crime.

Preview Statement: In order to analyze the strictness of DUI and DWI laws, we will first look at the current laws on the books, how violations are determined, and finally the success of those laws. I. Current DUI Law A. Legal intoxication - BAC at or above 0.08 in all states. Is “pre se” law, a finding of BAC at the requisite level is considered a violation regardless of circumstance (FindLaw DUI Basics) B. Zero tolerance laws (FindLaw DUI Basics) i. target drivers under 21 ii. range from any (above 0.0) to negligible (0.1-0.2) BAC iii.

usually involve higher penalties, such as longer periods of license suspension (NYSDMV) C. Most states have penalties that increase with each offense (FindLaw DUI Basics) D. Penalty types, generally used in combination (FindLaw State-by-State) i. License suspension or revocation a) All states carry minimum mandatory periods of suspension b) CT and VT require permanent revocation after third offense c) Administrative, not criminal procedure – this is in addition to any criminal penalties imposed ii.

Alcohol abuse treatment and education iii. Ignition interlock devices a) Prevent car from starting if driver is intoxicated b) Responsibility of offender to pay for installation and maintenance c) False positives triggered by items such as cigarette smoke (Fulkerson) d) Cannot determine the actual driver, and report all situations as if it were offender (Fulkerson) iv. Permanent vehicle confiscation – rare but possible, after 3rd or 4th offense v. Many states have mandatory non-transferable prison sentencing starting on the first or second offense II.

Determining a Violation A. Field sobriety tests (NHTSA) i. Tests three elements a) Horizontal gaze and object tracking b) Walking with turn c) Standing on one leg ii. Test is considered 91% accurate since 1998 study B. Breath testing i. Indirect measurement of ethanol in bloodstream based on methyl compounds present in breath (Hanson, Breath Analyzer Accuracy) ii. May vary up to 15% from actual blood alcohol concentration, and be too high in up to 23% of cases (Hanson, Breathalyzer Accuracy and DUI/DWI Conviction Rates) iii.

Convictions have even been overturned due to possible unreliability of breath testing (FindLaw Reliability of Breathalyzer) C. Blood testing (WebMD) i. Must be done in a hospital by medical professionals ii. Usually requested by drivers who believe breath test was flawed III. Success of current system A. Ignition interlock reduces re-offender rates significantly (Fulkerson) i. Positive choice for those likely to re-offend, especially younger drivers ii. Can be bypassed or misused; care must be taken to avoid punishing re-offender for false positives or allowing the possibility of circumventing the device iii.

Despite many flaws, perhaps a better option than confiscation B. Diabetic ketoacidosis i. Can cause flaws in breath test analysis (Hanson, Breath Analyzer Accuracy) ii. Can even interfere with blood testing, considered most reliable (WebMD) iii. A diabetic could therefore theoretically fail both a breath analysis and a blood test! C. Criminal records, license confiscation, and future i. 3rd and 4th offenses, offenses that result in injury of another, or offenses above certain BACs considered felony DUI (Kapsack and Bair) ii.

Offenders can only begin to clear their record after 10 years or more, or never in some states (ASUC Student Legal Clinic) iii. A felony record can prevent someone from gaining a security clearance for a civil service position or from entering into many career fields, even if the offense was many years ago. Military members can even be court-martialed, leading to a dishonorable discharge and destroying any chance of that individual being trusted with important jobs at any point in their life (Gitzen) iv.

Loss of driver's license could lead to missed work or job loss for individual who doesn't live near public transport, since offenders are not given a chance to relocate before seizure of license and/or vehicle D. Alcohol abuse treatment and alcohol education courses, especially among high school and college aged drinkers have significantly cut down on BAC on drivers that are stopped after drinking, and lowered the number of drinking-related traffic incidents (Schaidle) Conclusion: Drinking and driving is undoubtedly an extraordinarily irresponsible act, and those who drive while incapacitated due to alcohol should pay for their mistake.

However, jail time and felony records may not be the answer. Sending a young person to jail will not bring back anyone they have hurt, nor will it deal with the problem. Programs such as ignition interlock devices, educational courses, and therapy deal with the base problem, which is the alcohol abuse of the offender. Additionally, consequences such as community service or work release provide an opportunity for the offender to help the community that was hurt by their actions without harming their own future.

References "18: DUI/DWI." ASUC Student Legal Clinic. Berkeley, n.d. Web. 12 Feb. 2011. "Appendix A - Standardized Field Sobriety Testing." Development of a Standardized Field Sobriety Test. NHTSA, Nov. 2001. Web. 12 Feb. 2011. "Blood Alcohol." Alcohol Abuse Health Center. WebMD, 9 May 2008. Web. 12 Feb. 2011. Fulkerson, Andrew. "The Ignition Interlock System: An Evidentiary Tool Becomes a Sentencing Element." Court Review(Winter 2003). Web. 12 Feb. 2011. Gitzen, Chelsea. "A DUI affects career, friends, families.

" Joint Base Andrews. U.S. Air Force, 4 Apr. 2010. Web. 12 Feb. 2011. Hanson, David J. "Breath Analyzer Accuracy." Alcohol Problems and Solutions. State University of New York, n.d. Web. 12 Feb. 2011. Hanson, David J. "Breathalyzer Accuracy and DWI/DUI Conviction Rates." Alcohol Problems and Solutions. State University of New York, n.d. Web. 12 Feb. 2011. Kapsack, Bruce, and Hudson Bair. "California DUI Penalties & Punishments." . Kapsack and Blair LLP, n.d. Web. 12 Feb. 2011. "Reliability of Breathalyzer." . FindLaw, n.d. Web. 12 Feb. 2011.

Schaidle, Catharine. "Bradley touts success of alcohol awareness plan." Journal Star 16 July 2009 [Peoria] . Web. 12 Feb. 2011. "You and the Drinking Driving Laws." . NYSDMV, Oct. 2010. Web. 12 Feb. 2011.