Ken Nelson

I don’t understand why we coddle those convicted of DUIs.  The correct goal should be to prevent the first instance, not subsequent ones.

Take, for instance, Kirk C. Bess of Washington, UT. Here is his Washington county booking sheet:

Utah Code has 41-6a-502(1)a as:

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration.
     (1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
     (a) has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

I don’t know if this is his first or second arrest. What bugs me is the penalty for the first offense is so minor:

(i) (A) impose a jail sentence of not less than 48 consecutive hours;
     (B) require the person to work in a compensatory-service work program for not less than 48 hours; or
     (C) require the person to participate in home confinement through the use of electronic monitoring

The second offense ups this to 240 hours jail and service.  Still minor.  They call it major, but it wasn’t major enough to keep Kirk from doing it.

It seems to me that EVERYBODY knows driving and drinking is wrong.  Therefore it makes sense to make the penalty for the first violation VERY SEVERE.  

And it follows then that the 2nd one should be handled in a draconian fashion.

Either we are serious or not.   The goal should not be to prevent a 2nd instance, but the 1st instance. 

See this link for Utah stories of those killed by drunk drivers.

I know people who have had DUIs, including one recently. Most are decent people. They just need to be scared more… before they drink.