Well, there is a “new sheriff” in town. 

In an article in the Sunday Oklahoma, Mothers Against Drunk Drivers announced it has a NEW executive director.  His name is Virgil Green and his last job was the chief of police of the metropolis of Boley, Oklahoma.  He is calling for STRICTER laws and wants the legislature to “crack down” on drunk drivers.  He “believes breath test requirements should be stricter and punishment harsher for all drunken drivers.”  He stated that the problem won’t go away until the laws are harder.

This is the saw that MADD has played for 30 years.  And, the laws DO get tougher each and every time the legislature meets.  A lawyer cannot keep up with the laws simply by having copies of the law books.  The legislature will change them before the next edition is printed.  Has the problem gone away?  No.  And, getting even MORE tough will still not “make it go away.  It hasn’t so far and it is doubtful it will.  But it will cause a couple of things to occur.

One is that more NOT GUILTY people will be punished unduly and unfairly.  Oh, yes.  There are arrests daily of people who have caused NO problems to anyone and who are NOT guilty of this crime.  Well, you say, they WERE drinking while driving, weren’t they?  Some of them might have been, BUT remember:  that act is not a crime.  Drinking and then driving is NOT illegal in this - or any other that I know of - State.   While drunk drfiving is a crime, drinking and driving is NOT.  Innocent people are arrested and made to face these tougher laws.  I have represented MANY of them.

Tougher laws make people take the crime more serious, yes.   It will cost those accused more; no doubt.  They will do so by seeking out more than a general pracitioner lawyer.  They will look for those who specialize in that area of law and pay the fee for them.  So, another thing that this “toughen the laws” will produce is that the GOOD - quality - DUI Defense lawyer will make more money.  There will be more trials and - make no mistake - more acquittals.  SO, toughen up the laws?  Go ahead.   But the more the government pushes, the more the defense will push back, as long as the words on the Consitution can still be read.  Count on it.