Drinking and Driving and DUI
Let me start this off by saying I am not a big fan of drunk drivers. They are very dangerous individuals who are to blame for a lot of fatalities. And when it comes to their prosecution, I think the book should be thrown at them. The people at Mothers Against Drunk Driving (MADD) think so too. They argue that anyone who refuses to take a Breathalyzer test should not get the chance to plea bargain their case. MADD has good intentions, but they are off the mark on this one.
Breathalyzer tests are good for getting drunk driving convictions, but they are only part of a bigger picture. There are a number of steps taken in a field sobriety test. And according to the Traffic Injury Research Foundation, a very pro-prosecutor anti-drunk driving website, a defendant is more likely to beat a drunk driving charge if they don’t take a Breathalyzer test. So if a prosecutor has no ability to plea bargain, the case goes the trial and the odds increase the bad guy will walk. Is that what MADD wants? I thought they were about fewer drunk drivers on the road. Their actions show the opposite.
