Another “Extreme” Argument For Jailing First Time DUI Offenders

This following opinion piece, dressed as a news story, is a perfect example of the ridiculous arguments used to ramp up the “war” on drunk driving.

First – Find an extreme example of bad behavior to illustrate your point. Best examples involve a multiple offender who has caused death or great bodily harm to another.

Prison time in DUI death was overdue, and so are tougher laws

When it came to driving drunk, Matthew Burch was a three-time loser. And more.

But the New Kent County man’s drunken driving had to kill someone before a Virginia court got him from behind the wheel, and in prison where he belongs.

Burch killed 19-year-old Christopher Mellis of Williamsburg back in April, driving the wrong way on Route 60 in upper James City County. He was so soaked in alcohol that his blood alcohol content was more than three times what state law considers too drunk to drive.

For all his courtroom remorse at his sentencing hearing, 36-year-old Burch was a practiced scofflaw. He’s a great example of why Virginia’s DUI laws need to be tougher, sooner.

Here’s a quick rundown of his prior record: two drunken-driving convictions, multiple speeding convictions, multiple convictions for driving without a license, reckless driving, driving with a suspended license, various vehicle offenses, drunk in public and possession of marijuana.

Okay. This guy clearly has problems. No arguments there. Our issue comes when the extreme example’s behavior is applied to everyone…..and here it comes

State law today does not require any jail time on a first drunken-driving conviction, and just 20-40 days on a second. A third conviction requires only 90 days, and a fourth conviction only a year.

In other words, Burch really did have to kill someone before the punishment got serious.

If consequences make a difference, then let’s see the consequences mean more on the first conviction, and even more on the second.

A first conviction should net at least one day in jail. A second offense should be a felony.

The object should be that the punishment gets a drunken driver’s attention right from the start. That it gives them a reason to change their behavior. That it makes them determined not to get to the third time around.

Ah, yes. Mandatory jail time for first offenders. First offenders – by definition – have never been in any DUI related trouble before. So let’s toss ‘em in jail? The time spent in lock-up while getting processed, along with the fines, costs, license suspension, attorney fees aren’t enough? What other first time misdemeanor crime invokes that kind of punishment? Texting while driving is scientifically proven to be FAR more dangerous that drinking and driving. Where’s the call for prison for that offense? Getting back to our extreme example, does anyone truly believe that a day in jail would have stopped Matthew Burch from the destructive path that he was on?

What’s the legislators’ take on all this?

In the current Virginia election, going after gangs and sexual predators is getting more attention from candidates than drunken driving.

Wow. So the author has now taken that extreme example and is associating drunk driving with gangs and sexual predators. Beginning to see the problem here?
No one is going to argue that Burch shouldn’t be punished – but that’s where the argument should end. Taking his story and turning it into an op-ed piece on how drunk drivers are no better than gang members or sexual predators is ridiculous.