<p>"ddahwan – as I understand it, CPT and others posters are making the argument that anytime a person drinks and then drives, they are necessarily putting the lives of others in danger. There is no such thing as “safe” DUI. "</p>
<p>I might agree with the argument, but I did not think I was making it. Actually, my opinion, and it’s a firm one, is that the mandatory jail time associated with the OP’s son is too harsh. I don’t think for a first time offender, even with the aggravated circumstances in his case, should have mandatory jail time and that the DA be locked in so that lowering the charge is difficult, and the judge unable to make any judgement on the case. For repeat offenders, I would be more inclined to support mandatory outcomes so that they cannot slip through the system with lowered consequences. </p>
<p>I advocate the raising of the drinking age to 21, by the way, despite the stats that show the saving of lives. I think part of those stats are due to what happens anytime you restrict the ages or anything of any group. You can get even better stats by raising the age to 25 or 30 or having Prohibition, for that matter. I also think some of the lives saved are due to stricter pursuit of drinking and driving laws and stiffer penalties thereof. I agree that at issue here would be more alcohol available to the under 18 crowd, going as low as middle school and even elem school kids when the age is lowered since the chances are greater that an 18 year old high school will buy for younger students whereas the odds of a 21 year old buying for a 12 year old is far lower. Perhaps permitting drinking for 18 year olds but not the purchase of alcohol other than at place of repast would be the a partial solution. No closed bottle, bulk sales, say. I’m just throwing this out without a whole lot of thought.</p>
<p>As far as putting lives in danger, anytime you get behind the wheel, there is that risk. I am at the point in my life where I know that I could cause an accident. Even without drinking. The alcohol or any substance that muddles your thought processes and slows your reflexes will increase the risk further. So yes, I do support DUI laws, and I’ve been outraged at seeing those with multiple offences still wreaking havoc. It galls me that some of these guys walk because they know the system and won’t cooperate with the officer, refuse take the breathalyzer, insist on an attorney immediately, and end up a number of time with dropped charges because the DA knows he likely won’t win on these cases. The first time offender, like the OP’s son, generally cooperates fully, and GIVES the case to the police and DA who then throw the book at the kids, and now in NC, reducing the charges is made more difficult, and the judge can’t do anything if the charge is as the DA has it. Talk about self incrimination! </p>
<p>But, yes, the OP son’s did statistically put his life, his passenger’s and others on the road at increased risk by drinking and driving, drinking as much as he did, speeding and having some thoughts in mind that probably were distracting him from the driving as well. I don’t think there is any dispute of those facts.</p>