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Setting the issue of punishment for drunk drivers aside, from a defense perspective there are reasons why you take certain actions in certain states. The laws are different everywhere but in some states you have a choice b/w types of sobriety tests (i.e., blood, breathelizer, etc).
We were told by our Criminal Procedure Professor in law school to always ask for the blood test b/c it is not performed in the field and by the time you get to the station and they do the test your BAL will be lower. It is also more reliable and will give a better indication of your BAL.
When I was at the DA's office most first time offenders got their charges reduced to a misdemeanor or wreckless driving charge depending upon their BAL. While I realize that people mess up once in a while and should be given second chances when others aren't hurt I am happy that the laws have gotten pretty tough regarding drunk driving penalties b/c drunk driving tends to have such tragic results.
I think that the important thing is for people to be educated on the laws in their state, how much they can consume and be able to drive legally and what alternatives are available to them.
Laura
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