North Carolina Criminal Lawyers

NC Newspaper Suggests Big Changes to DWI Laws


When someone is killed by a drunk driver, it’s a tragedy. Preventing such deaths should be of major concern. The Charlotte Observer published an editorial this week suggesting the best way to do this is by strengthening laws to more harshly penalize drunk drivers.

According to the piece “NC tolerates too many DWI deaths”, one particular case brings attention to a problem in the state. At issue is a Monroe, N.C. man who allegedly fled a traffic stop while intoxicated and drove head on into a father of three, killing him on his way home from a church play where he was cast as Jesus.

The suspect in the case was driving with a suspended license. He has allegedly been arrested 18 times in the past and is facing charges of felony child abuse in an unrelated case. He will now add 2nd degree murder, felony death by vehicle, speeding to avoid arrest, driving while under revocation, driving left of center, and DWI to his list of charges.

For his prior DWI convictions, the man served a suspended 2 year sentence and spent 9 month in prison on another charge. But, the paper reports, the DWI system is broken.  To fix the problem, they suggest 3 solutions.

  1. The paper calls on the state to repeal a ban restricting the use of alcohol monitoring bracelets for more than 60 days. They state the bracelets are far too effective to have such a time limit on them. This despite the fact that the bracelets cost $12 per day for the offender and don’t have any effect on someone’s ability to drive.
  2. They suggest ignition interlock devices be used on vehicles even after the first DWI conviction. Currently, the state waits until a second conviction to use this preventative tool.
  3. Finally, they recommend a 3rd DWI become a felony charge with mandatory prison time.

The Observer is correct when they assert drunk driving deaths are a tragedy and a serious problem. But, their recommended solutions likely wouldn’t make a major impact. Though we don’t like to hear stories of death on the roadways, they will happen no matter what we do.

To believe somehow that we can effectively stop drunk driving in its tracks is a nice thought but it’s simply unrealistic. The mass incarceration of a generation should be proof enough that prison time and monitoring devices can’t eliminate criminal behavior particularly when it comes to criminal behavior that’s spurred by an addiction like alcoholism.

If you’re facing DWI charges, whether it’s your first or your fourth such offense, you need someone on your side. Although these kind of charges are pretty common, that doesn’t make them any less serious.

Contact out attorneys today for a free consultation on your case.

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This entry was posted on Friday, October 29th, 2010 at 3:31 pm and is filed under dwi. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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