Are DUI laws too strict?

Virginia law makes 3rd DUI in 5 years a felony even if there is no accident involved. Carries stiff jail sentance of a year. I am a single mother of three, cannot afford an attourney and have been charged even after passing 4 feild sobriety tests, and could walk home from where I was stopped for tur...





Virginia law makes 3rd DUI in 5 years a felony even if there is no accident involved. Carries stiff jail sentance of a year. I am a single mother of three, cannot afford an attourney and have been charged even after passing 4 feild sobriety tests, and could walk home from where I was stopped for turning on a yellow light.I am facing seriouis jail time for a non violent offense. Who will take care of my kids if I go to jail and is this fair? Can anyone help me? I don't believe people should endanger the lives of others on the road but this was clearly not the case in my circumstance. The children were also being cared for by a sitter when this occoured and NOT in the vehicle.
No blood alcohol test was given.
Last offense was over five years ago however the courts go by conviction date, which was almost five years ago.

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26 Responses to “Are DUI laws too strict?”

  1. dhalia_1977 says:

    Some of you people were real quick to pass judgment on this woman. Especially the girl who’s friend was decapitated in a car accident (which is terrible and I am very sorry to hear that). I’ve known people involved in alcohol-related accidents as well, but this person didn’t do it.

    The laws are strict in a way that makes no sense to me. A person can get a DUI after two beers. Two beers! (Maybe even one, depending) What kind of light weight can’t handle two beers? There is a line and some people do not know how avoid crossing it.

    What about these people out here on pharmaceutical medications prescribed by their doctor? Some of their driving skills scare me more than the way my ex boyfriend drove after parties. Before long, the state of Virginia will have us all in diapers. (I live in VA.) None of these laws are really for the benefit of the people – take the seat belt law for instance. Do people really think that law is enforced because the state is so concerned for our well being. No, it isn’t. If you really think about it , you’ll see that it’s really the insurance companies who want it this way. The decision to wear a seat belt only affects the person wearing or not wearing one, so why treat us like children?

    The only issue here is that you’ve had so many. Although I do not agree with the laws, they are there and that’s just the way it is. I wish I could give you more legal advice, but I’m not sure what to suggest after three DU Is. I will say this: Even if you’re just a social drinker with bad luck and not an alcoholic, I would suggest getting involved in alcohol recovery groups in the meantime. It shows there is a problem that you’re trying to work on. It may be too late for this. The state usually tries to place children with their next of kin (grandparents, aunts, uncles, etc.)

    Best wishes to you and your family.

  2. kutekymmee says:

    not the case in your circumstances??

    were you drinking? If so, you should not have been driving!!! Its pretty clear!
    you should have thought about going to jail and who would take care of your kids BEFORE you drank and drove a car. Maybe this will wake you up that it is a SERIOUS offense.

  3. irl_merrick says:

    Ask a family member of someone who was killed by a drunkdriver… I think you will get your answer.

    Just think, if you had killed someone (dont say it wont happen to you) You would never see your kids again :/

  4. TheoDorkx says:

    I think that if you get one DUI offense, you should be put in jail for five years. Too many people are killed each year by the disgusting, scum of the earth people who think their lives are more important than others when they go out and drink and drive.

    Are DUI laws too strict? No, they’re not strict enough. Don’t be stupid and don’t drink and drive. If this is your third offense, even if you passed some of the tests, it still means you have two other citations under your belt. You should be ashamed of yourself, and your children deserve better.

  5. icemanjohnnyl says:

    i don’t think they make DUI laws strict enough.

  6. jpxc99 says:

    Let me guess you refused a breathalizer because you knew you would fail. I can’t understand why people keep putting themselves in these positions. If you were drinking you were wrong…no questions asked. Personally I think you deserve what is coming to you.

  7. some polisci major says:

    DUI laws are not strict enough. You should have thought of your children before driving drunk.

  8. tray says:

    I think yes.. I think it should be a case by case scenerio.. Not so black and white.. The MADD mothers would probably disagree, but if you’ve had more than one DUI, didn’t you learn from then on? not todrink and drive..Use the empathetic point of view.. What if were on the other foot..

  9. jamie s says:

    Not that they’re too strict but I believe they are unfair in a way.
    It’s perfectly legal to go to a bar, have some drinks and drive home. It’s only illegal if you blow past a certain limit. How r u supposed to know if you’ll blow past that. I don’t know anybody who carries a breathalyzer in their pocket so they can take the test before they get in the car. It’s left up to your best judgement on how you feel. They either need to change the law to make it illegal to have any drinks and drive, or make it possible for people to obtain a breathalyzer so they can test themselves before driving. Put them in bars and clubs or something..
    Even if you can’t afford an attorney, give one a call anyways. Most will give you free advice. Call one and discuss your situation. In your case it might be best to search for an affordable one and hire them anyways. You may have to get a loan for it but it beats going to jai. Good luck with whatever happens..

  10. chrisw62 says:

    Yes! We are creating one of the worst nanny states in history. In Texas it is now common practice to arrest people in bars who are seen to be drinking *just in case* they get into a car!

    I’m NOT advocating tobacco use, but it is now illegal to smoke even OUTSIDE in many places. Soon tobacco will be illegal, alcohol prohibition will return, and my guess is that butter will eventually be made illegal too.

    I’m SICK AND TIRED of mommynazis who want to make it illegal for ME to do anything they don’t want thier 6 year old to do! I am not the state’s child!

  11. eatmorec11h17no3 says:

    no, DUI is wrong, even if nobody is harmed.

  12. Chatty says:

    If it’s your 3rd offense in five years you’re not learning very quick.
    Regardless of your excuse, this IS the law in your state and it seems that you haven’t grasped the seriousness of it. I’m sorry you’re worrying about your children but that’s something you should have thought of BEFORE you got behind the wheel of your car.
    As you see, drinking and driving affects more then just yourself.

  13. GratefulDad says:

    No.

    It truly is a matter of life and death. I am no tee-totaller, I was formerly a bartender.

    I’m sorry for the situation you are in, given that it is your 3rd DUI, have you considered alcohol counseling ? I don’t mean to be rude at all by suggesting that.

    We just learned from a neighbor that in Europe, if you drive with any BAC at all (greater that 0.0), you lose your license.

  14. Tiffany says:

    NO!!! They’re not strict enough. You want to complain that you have children, well, you shouldn’t have been drinking in the first place. You’re preaching to the wrong people. I had a friend who was involved in an accident last year. The driver was drunk and my friend was decapitated when thrown from the car. Do you think I want some moron out on the road when I have my children in the car? How hard is it to find a designated driver? I live in a small town and NONE of my friends drink and drive. I know this because I’m the one picking them up half the time.

    My dad drinks and drives and I get on to him about it. I can’t stand when people do that. Sorry, but that’s the way I have always felt.

    dhalia_1977, I’m one of the lightweights that can’t even handle 2 wine coolers..lol There’s a lot of us out there.

  15. Leogirl0804 says:

    They apparently aren’t strict enough if you felt okay about drinking and driving at all. You took the chance and now your children will pay. I’m sorry for you troubles, but you brought them yourself.

  16. Rich F says:

    STOP BREAKING THE LAW……….mayeb a year in the hoosegow will wake you up

  17. goz1111 says:

    3rd offense in five years? you knew what could happen if you drank and drive , but choose anyway either should have gotten a ride, taxi, or drank at home since you have to drink

  18. mweller1956 says:

    If you were in Missouri, you’d be headed to PRISON for several years.

  19. cricket says:

    Poor you, should they let you keep going until you kill someone?
    Smarten up.

  20. ConcernedCitizen says:

    If anything, they’re not strict enough. Drunk drivers endanger everyone on the road. Offenders’ licenses should be suspended for at least a month after the first offense and at least a year after the second. Driving with a suspended license should carry a penalty of mandatory jail time. A jail sentence on a third offense is fair. Those two priors were more than ample warning that a dangerous pattern was emerging. Even if the third one seemed less serious, it was akin to violating probation. You were warned and chose to ignore the warning. Do your time and go to rehab and don’t drink and drive any more.

  21. copchick2m7 says:

    DUI laws should be stricter. If you were driving under the influence, you were indangering lives just by driving. I am a police officer and if you saw some of the crashes I saw, you would NEVER drink and drive. It is not worth it. It isn’t fair to your kids but you should have thought of that before you took the risk!!!

  22. Kerri says:

    I too live in VA and and i think just about all of our laws are too strict. I hate to tell you this but i think they will give you a little jail time but prolly not the whole year. Unless you can get a good lawyer. I am not sure why they can still charge you if you passed 4 field test but then again i’m not a cop or lawyer. As far as who will watch your kids they unfourtaly dont care about that or anything. I don’t know what will happen to them. talk to your lawyer about this too. I don’t know what will happen but I wish you the best of luck.

  23. Louis says:

    well some dui are gay. that one you shouldn’t worry about but the gov always fucks you when they can

  24. Brandy G says:

    obviously not strict enough (one would have learned the first time)

  25. jannabanana says:

    No they are not. It is fair. You should not have been drinking and driving. These laws are in place for a reason. How would you feel if someone was driving drunk and hit one of your children? How would you feel if you had hit someone else’s child?

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