Blow a .20? Go to jail


Don VaughanA bill would ensure certain drunk drivers spent a night in jail.

Sen. Don Vaughan, a Greensboro Democrat, said he filed the bill because he thinks some first-time offenders don't realize the gravity of their mistake and drive drunk again.

Under the bill, drivers who blow a .20 — more than double the legal limit of .08 percent blood alcohol — would be required to spend at least one night in jail.

Currently, many do only community service, Vaughan said.

"Having practiced law for better than 25 years and seen a lot of jails — at least in the Piedmont — I believe it'll be a great deterrent for most people going in," he said.

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Re: Blow a .20? Go to jail

Gosh - Criminal penalties are defined by statute (which are passed by the GA). Thus it is not the GA dictating in the realm of the courts if they were to mandate a night in jail.

PJ - I'm old enough to remember a time before mandatory minimum sentencing, when Judges were among our most revered public servants that were trusted to weigh evidence and mitigating factors alike in administering justice equitably and fairly. Now a vending machine could hand out one size fits all punishment.

I realize mandatory minimum sentencing has been all the rage since the mid-80's, but I'm no fan of shifting decision making authority from those trained to fairly interpret the Constitution and administer justice to politicians and their populist appeals to the dumbest among us.

Note, I'm all for harsh sentences when deserved. I just doubt justice is served by forcing a judge to send a 73-year old Lahja Pohjoisrinne, arrested for DUI to jail as opposed to mental treatment. Just the first example that came up in Google. Stuff really does happen, and the presiding Judge is always the best arbitrator of the details.

We don't want to take the same path with alcohol with did with crack cocaine in 1986. That worked out so well.

Re: Blow a .20? Go to jail

just don't blow

Re: Blow a .20? Go to jail

How will the Senator pay for these increased penalities and jail nights?

Perhaps an increase in the alcohol tax?

I request a fiscal note.

Re: Blow a .20? Go to jail

Gosh - Criminal penalties are defined by statute (which are passed by the GA). Thus it is not the GA dictating in the realm of the courts if they were to mandate a night in jail.

My question is which breathalyzer is used (the one at the scene or the one at the station).

Re: Blow a .20? Go to jail

It would be if you are convicted, not the night of the charge.

— RTB 

Re: Blow a .20? Go to jail

RTB, does this mean a mandatory night in jail after a conviction or the immediate night of the charge?

If the night of the charge, that's sentencing without a conviction.

If after the conviction, that's the legislature dictating in the realm of courts.

Either way, don't these over reaching authoritarians have a budget to balance?

Re: Blow a .20? Go to jail

I think we should give a free get out of jail card to all those who participate in the liquor tastings at the ABC Store. It would not be fair to penalize those who were sampling the cooking liquors. Now the people who are drinking for other than cooking reasons, they're fair game!

Re: Blow a .20? Go to jail

.20? if you have enough motor skills to take the test at .20, you need some kind of a wake up call anyway. I think .1 while driving should be adequate for one night in the drunk tank.

Re: Blow a .20? Go to jail

I am all for this!

I read where some dozen or so people had their cars confiscated for racing on the highways. The threat of having your car confiscated should make people think.

I have no sympathy whatsoever for those who drink and drive! Tougher penalties.....yes!!!!!! If we confiscate cars for racing, then why not for driving down the same road drunk.

If we confiscated all drunk driver's cars, the state could sell them and close the budget gap.