Current Events > Should a DUI be a felony?

(+) Yeah! (+)

poll

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Well yeah.

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Yes. If you're a dumb fuck choosing to do something this stupid you deserve worse than what currently is done.

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At least a year in prison, and two years of license suspension.

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Depends how much it is over the legal limit. If it's over twice then sure.

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Yes for the most part, although if there's different limits for different groups of people (not including repeat offenders vs those with clean history; the particular example that comes to mind here is that where I live, people under 20 have a zero limit whereas people over 20 have a "normal" limit), I'd say only exceeding the highest level should be a felony (or equivalent thereof), not merely exceeding your applicable level.

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Nah. You can get charged with a DUI for having sealed cans "in access of the driver" if you put them in the backseat. Get unlucky and get an asshole cop who forces a field sobriety test and claims that you seem impaired? Yeah, hope you like that felony for being stone cold sober and responsible. Good luck fighting it in court.

No.

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Fuck no

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Yes. The fact that its a misdemeanor is literally so stupid.

The problem is that people are taught that its really not that big of a deal. If youre already getting drug tested for work, then who cares about probation?

_Rinku_ posted...

Nah. You can get charged with a DUI for having sealed cans "in access of the driver" if you put them in the backseat. Get unlucky and get an asshole cop who forces a field sobriety test and claims that you seem impaired? Yeah, hope you like that felony for being stone cold sober and responsible. Good luck fighting it in court.

Lmao what? You mean they don't actually take an objective breath test, with an objective limit? Wow, that's fucked.

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_Rinku_ posted...

Nah. You can get charged with a DUI for having sealed cans "in access of the driver" if you put them in the backseat. Get unlucky and get an asshole cop who forces a field sobriety test and claims that you seem impaired? Yeah, hope you like that felony for being stone cold sober and responsible. Good luck fighting it in court.

This. And for that matter, the court system should be pushing for people to not repeat the crimes again, rather than fucking their entire life from then on and leaving them with limited options... Usually resulting in commiting crimes again in the future to survive.

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Trumble posted...

Lmao what? You mean they don't actually take an objective breath test, with an objective limit? Wow, that's fucked.

I think the only test that actually counts in court is a blood test

Just remember to always say no until you get a warrant or whatever. Just say no

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Trumble posted...

Lmao what? You mean they don't actually take an objective breath test, with an objective limit? Wow, that's fucked.

"Subject was combative and showing signs of insobriety, arrested them. Was unable to get a field test, they sobered up in the station before we were able to test them again." Bam. Suddenly it's your word versus the heavily weighted word of a cop.

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Driving drunk or high should be life with no parole

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The reason why it's a misdemeanor is because it's something the rich can get caught for just as easily as poor people.

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First offense, no, unless if well over the limit and the driving reflects being very over the limit.

Second offense and beyond, yes.

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Middle hope posted...

Driving drunk or high should be life with no parole

Looks the clown shoes are already squeekin

It is a felony if you get too many

Unless you mean first offense, in which case no, that's mind numbingly stupid.

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trappedunderice posted...

Looks the clown shoes are already squeekin

How hard is it to not get behind the wheel when you drink or smoke too much dope?

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Maybe if there were standardized federal laws for it. As it stands, the asshole cop example is good enough reason to avoid it.

Anyone caught under influence and driving should just never be allowed to drive again, though.

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_Rinku_ posted...

Nah. You can get charged with a DUI for having sealed cans "in access of the driver" if you put them in the backseat. Get unlucky and get an asshole cop who forces a field sobriety test and claims that you seem impaired? Yeah, hope you like that felony for being stone cold sober and responsible. Good luck fighting it in court.

haha

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pogo_rabid posted...

The reason why it's a misdemeanor is because it's something the rich can get caught for just as easily as poor people.

It is super easy to get a dui dropped if you have a lawyer.

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Middle hope posted...

How hard is it to not get behind the wheel when you drink or smoke too much dope?

literally calling it dope, how old are you?

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Talib_21 posted...

literally calling it dope, how old are you?

What is "it"?

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UnholyMudcrab posted...

At least a year in prison, and two years of license suspension.

Effective after prison.

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_Rinku_ posted...

Nah. You can get charged with a DUI for having sealed cans "in access of the driver" if you put them in the backseat. Get unlucky and get an asshole cop who forces a field sobriety test and claims that you seem impaired? Yeah, hope you like that felony for being stone cold sober and responsible. Good luck fighting it in court.

^THIS.
Also, another reason why it should NOT be a felony:

"Can you get a DUI if you sleep in your parked car? The legal answer is yes, you can get charged with a DUI-related offense with no proof of driving, with no keys in the ignition, or even sometimes outside of your car. The proceeding information of this type of driving under the influence charge is outlined below, as well as legal tips and probable cause defenses how to avoid a DUI while parked conviction if arrested.

Even if your car doesnt start, the law under the Supreme Court ruled you can get a DUI without driving and while the car is not moving or parked. Most of us have heard stories from our parents, friends, or relatives about going out back in the day and needing to sleep it off in the car. In fact, many of us may have done something similar when we were younger during a vacation or weekend away. While it seems harmless, today, you can actually get a DUI while parked even if you never started or moved the vehicle."

https://www.fightduicharges.com/blog/getting-a-dui-while-parked/

DUI's should NOT be felonies because there are A LOT of stupid loopholes cops can use to give someone a DUI. I have even heard that in one state (I forget which one but somewhere out East) you can get a DUI if you are pulled over to the side of the road sleeping in your car and COMPLETELY SOBER while never drinking to begin with.

sabin017 posted...

Depends how much it is over the legal limit. If it's over twice then sure.

This is actually something to consider as well.

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I love how this board that never wastes the opportunity to shit on the legal system are fully on board with ruining people's lives for a first time offense DUI

Lol, never change CE

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SavageGlum100 posted...

^THIS.
Also, another reason why it should NOT be a felony:

"Can you get a DUI if you sleep in your parked car? The legal answer is yes, you can get charged with a DUI-related offense with no proof of driving, with no keys in the ignition, or even sometimes outside of your car. The proceeding information of this type of driving under the influence charge is outlined below, as well as legal tips and probable cause defenses how to avoid a DUI while parked conviction if arrested.

Even if your car doesnt start, the law under the Supreme Court ruled you can get a DUI without driving and while the car is not moving or parked. Most of us have heard stories from our parents, friends, or relatives about going out back in the day and needing to sleep it off in the car. In fact, many of us may have done something similar when we were younger during a vacation or weekend away. While it seems harmless, today, you can actually get a DUI while parked even if you never started or moved the vehicle."

https://www.fightduicharges.com/blog/getting-a-dui-while-parked/

DUI's should NOT be felonies because there are A LOT of stupid loopholes cops can use to give someone a DUI. I have even heard that in one state (I forget which one but somewhere out East) you can get a DUI if you are pulled over to the side of the road sleeping in your car and COMPLETELY SOBER while never drinking to begin with.

Then you could structure it like this:

Felony: if your blood alcohol level is over a certain point and the vehicle is in motion

Misdemeanor: the other stuff

gunplagirl posted...

"Subject was combative and showing signs of insobriety, arrested them. Was unable to get a field test, they sobered up in the station before we were able to test them again." Bam. Suddenly it's your word versus the heavily weighted word of a cop.

That's fucked up. That definitely wouldn't fly here - if they can't produce a test result, the charge doesn't stick (though a breath test is valid too - but, if a breath test gives an excess alcohol reading, you have the right to request a blood test and they must use whichever one gives the more favorable result. The reverse is not true - you don't have any right to demand a breath test if you've only been given a blood test).

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Unsugarized_Foo posted...

I think the only test that actually counts in court is a blood test

Just remember to always say no until you get a warrant or whatever. Just say no

You sign something on when you get your driver's license saying if you don't blow you automatically lose your license for a long ass time if you get convicted in my state (alabama)

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SavageGlum100 posted...

"Can you get a DUI if you sleep in your parked car? The legal answer is yes, you can get charged with a DUI-related offense with no proof of driving, with no keys in the ignition, or even sometimes outside of your car. The proceeding information of this type of driving under the influence charge is outlined below, as well as legal tips and probable cause defenses how to avoid a DUI while parked conviction if arrested.

Yup. Buddy of mine pretty much had his life ruined because of that. He was a drinker, yah, but this night he got off work drove to the bar and drank. Went to his car and fell asleep. Woke up to cops knocking on his window and him going to jail.

My answer is no, it should never be a felony ... unless were talking multiple and then you shouldnt have your license and its a whole other thing

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No, DUIs are a jumbled mess. And alcohol dissipation rates dont help.

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