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Speak Out: Does Virginia's New DUI Law Go Too Far?

Restaurant association: Law punishes anyone who has had 'one sip' over legal limit.

The American Beverage Institute, a restaurant trade association that represents more than 290 restaurants in Virginia alone, believes a new law requiring all first-time DUI offenders to install a Breathalyzer in their vehicle goes too far.

The association has lobbied against such laws on the national level and in Virginia and a number of other states, saying it punishes anyone who has had "one sip" over the legal limit.

Gov. Bob McDonnell . It goes into effect July 1. Currently, installing ignition locks is a punishment in Virginia reserved for repeat offenders or first-time convictions where a person's blood alcohol content, or BAC, is higher than 0.15. The state's legal limit is 0.08.

Citing data from the National Highway Traffic Safety Administration, the American Beverage Institute stated in a recent news release that the average blood alcohol content in a fatal car crash is 0.19, more than twice the legal limit.

“A 120 pound woman can reach the 0.08% BAC level by having two glasses of wine in two hours," the association's managing director, Sarah Longwell, stated in the news release. "Should she receive the same punishment as someone with a 0.19% BAC level or multiple offenses?"

The new law will cost Virginia more than $10.6 million annually to enforce, according to the restaurant association.

The group believes Mothers Against Drunk Driving, or MADD, has launched a national campaign to make Breathalyzers come installed in every vehicle as standard equipment.

Such a move would effectively eliminate "the ability to have a glass of wine with dinner, a beer at a ball game, or a champagne toast at a wedding and drive home," according to the American Beverage Institute.

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Joe Bagadonuts March 12, 2012 at 07:02 pm
"But the fact remains that drunks drivers, as a category, cause more deaths and injuries than any other categor, about one third the total."
Major correction to this misleading statement: by official estimates, about 1/3 of highway deaths are RELATED to alcohol. Not CAUSED. So about 10,000 deaths per year are related - that means every single fatal wreck where a trace of alcohol was present is counted as related. So: guy texting on a windy road who had a lite beer two hours prior = related. The actual number of fatal crashes where alcohol was a determining factor is a much smaller number. Drunk driving deaths (the actual causal number) is a far smaller problem it's portrayed to be by the MADD crowd. Again - for those who don't read carefully - I'm not saying that drunk driving is not a problem. I'm saying that it's a far smaller problem than you all think it is. And more Draconian laws are not the answer. Also, about the disproportional outrage: Two beers and driving? I'm outraged! Texting and driving? I wish you wouldn't do that.
Uncle Smartypants March 12, 2012 at 07:23 pm
The statistic that jumped out at me: 51% of fatalities were not wearing seat belts. I've been wearing a setbelt so long, I can't even comprehend anyone not wearing one.
Jim Daniels March 12, 2012 at 07:27 pm
Uncle Smartypants: If only Benjamin Franklin had actually said that...unfortunately a very popular urban legend! His actual quote: "Behold the rain which descends from heaven upon our vineyards, there it enters the roots of the vines, to be changed into wine, a constant proof that God loves us, and loves to see us happy."
Uncle Smartypants March 12, 2012 at 07:41 pm
Thanks Jim! I've seen that quote on t-shirts for so many years, that it became historical fact. The correct quote is better, but I'm going to imagine he ALSO said the beer one; just forgot to write it down.
Dave Raines March 12, 2012 at 08:29 pm
Joe, methinks you are Sarah Longwell and the American Beverage Institute in hiding. They are the only ones making that distinction. As long as you are getting technical, those numbers represent alcohol-involved, where someone directly involved in contributing to the crash was under the influence.
Wayne March 12, 2012 at 09:25 pm
Imagine that. The restaurant trade association speaking up against this. In other words, the bars.
Keith Berry March 12, 2012 at 10:34 pm
We might as well ban all alcohol being sold in public establishments. Nazism is alive and well in VA. Try these cases on the facts, .08 in a checkpoint isn't the same as a .19 driving erractically. Let me try these cases I will make a ton suing the state!
Dave Raines March 12, 2012 at 10:59 pm
At 0.07-0.09 you have loss of reasoning and visual acuity, with increased extraversion and blunted feelings, impairment of balance, speech, vision, reaction time, and hearing. Judgment and self-control are reduced, and caution, reason and memory are impaired. You think you are just fine, but are definitely buzzed. You are at 11 times higher risk for crashing your car.
Skip Endale March 12, 2012 at 11:52 pm
totally agree with Ben, the law also serves to protect the drunks from themselves.
Joe Bagadonuts March 13, 2012 at 12:56 am
@ David Raines, driving home the fact that 79% of all statistics are made up on the spot.
Plus if you have all of those symptoms at .07 (what, about 2-3 lite beers?) you're a complete dink and you really shouldn't drink at all, driving or not.
Penny March 13, 2012 at 01:28 am
My sister was killed by a drunk driver. I respectfully disagree with you. What if that one mistake kills a family member of yours?
Joe Brenchick March 13, 2012 at 07:32 am
Penny, I said if there was no injury or property damage.
Joe Brenchick March 13, 2012 at 08:58 am
Your gratuitous insertion that the ABI and their lobbyist put profits over people speaks for itself.
Joe Brenchick March 13, 2012 at 09:00 am
There are lies, damned lies and statistics. - Mark Twain
alex b March 13, 2012 at 11:05 am
drink and drive? first second ,,dosen't matter they are killers ..
Joe Bagadonuts March 13, 2012 at 12:40 pm
@alex b -- Wow. You're starting early today. Why don't you check back in once you sober up?
Kim March 13, 2012 at 07:39 pm
Hmmm ... speaking of going too far ...
Molli Ismail March 13, 2012 at 07:53 pm
I totally support such a law! Sorry, but if you have to drink, dont drive. What gives you the right to drive drunk? Killing innocent people? I have had two family members killed by drunk drivers. Do you have to lose a family member for you to realize you shouldnt drive drunk?
Carolyn March 13, 2012 at 09:10 pm
First of all, when you are making a statement, don't start or finish it by saying, "Sorry." You erase your point. If you are sorry for what you are saying, who is supposed to take it seriously? The punishment should fit the crime. It is ridiculous to have a breatholyzer in every single car. Also, if a person drives drunk and runs a red light, the punishment should not be the same for a person who drive drunk and kills someone. These DUI punishments should be on a scale. This new law is from Bob McDonnell, who wanted to sneak in a new law to invade women's bodies. He didn't win with that, he won't win with this. The only people who will win are ignition lock companies and dui lawyers.
Vasquez2 March 14, 2012 at 03:22 am
I wish they'd pass (or enforce) a law regarding noise pollution from "neighboring" vehicles. I was stopped at a red light a Manassas Dr. & 28 next to car/truck "mash-up" and I could barely hear the siren of the oncoming ambulance for the bass in this guy's car. HIS bass was causing my mirrors to vibrate. I'm not some crotchety old grump. I've had a "2nd career" as a session drummer for the last 28 years. I'm used to loud noise. If I hadn't glanced in my rearview, I wouldn't have seen the ambulance barreling down behind me and I know the idiot in the car didn't hear it because he just sat there until the flashing red lights happened to catch his eye, once he looked up from his texting...
My wife gets migraines and sometimes I have to take her to the hospital. If she'd been in the car with me when that guy rolled up with that bass pounding, I'm not sure I could've kept her in the car. I love loud music too, but that crap is nothing short of an "aural" assault.
Don March 14, 2012 at 12:29 pm
Our lives are becoming totally controlled by punitive puritan prohibitionists who are out to progressively criminalize human behavior. Their next step will be to make driving with any detectable amount of alcohol DUI. How many accidents are caused by the sorry state of Arlington's streets and roads? Can't do anything about that. Gotta go after those 'drunk' drivers.
shirley piel May 10, 2012 at 03:44 pm
I live in Va. and i agree with the new law my son was killed 7 years ago at the age of 20 by drunk driver who only got 3 months in jail and he gets to be with his family thru holidays and everyday. i have 2 girls that have went thru alot from his death.they need to have harsher laws then what they have now even for first offence drivers.
tracy wilson June 22, 2012 at 02:10 am
Follow the money friends. Dui arrest are included as part of city and state budgets. They are easy to get a conviction on. Most car accident deaths are due to bad and sober mishandling of the automobile. Distracted drivers cause more accidents than anyone according to All state, city and federal stats
Tani T August 26, 2012 at 01:26 am
DUI laws are going too far. What happened to 'you are innocent until proven guilty'.
Richard September 23, 2012 at 11:40 am
My point is if your high as a kite on pot, you get a ticket ????? But two drinks and you go through the ringer.. makes no sense?
ascending note October 24, 2012 at 04:47 am
GeneC-
Have you ever been convicted of a 1st offense DUI for having a drink or two responsibly? Let me educate you. Here's the breakdown for not being in an accident and stupidly cooperating with law enforcement about drinking;pulled over for interstate speeding 10 over the limit. Lawyer fees $750-$6000. I had the $6000 variety plus $3500 for the appeal. An additional $2500 to hire a third attorney to protect my professional license. Total fine losing appeal $511. The breakdown is $250 for the fine, $100 DUI fee, $10 Crimes Against children fee, $10 Security Fee, $80 Misdomeanor fee, $61 appeal fee. Your license is suspended for 1 year. I qualified for a restricted license that Virginia DMV reissued to me for $220. Before I was eligible for the reissuance, I had to complete a 10 week Virginia Alcohol Safety Action Program that cost $350 and drive to the course 1 and half hours away from my residence because the local facility only held the course 2 nights a week and had a waiting list 1 month out from the actual conviction. Let me add, July 1st instituted mandatory interlock ignition requirements for 1st time offenders in Virginia regardless of BAC. That's on my car for 6 months and the rental is $80.90/month. I say per month because the user is required to return to the facility every 28 days during the 6 month period for maintenance and system download. Added this up yet? I'm age 45 with prior minor traffic tickets;no accidents.I am now a criminal.Tougher laws? Screw u.
Joseph Silvestri October 31, 2012 at 02:00 am
Amen to that. MADD and other organizations are like a cancer attacking our society
Joseph Silvestri October 31, 2012 at 02:05 am
So, Dave Raines, you're ok with a crash in which a sober driver veered into a crowded plaza and killed someone who was drinking a glass of wine as an alcohol-related death and thus falsely used to use bolster statistics and scare people about "drunk drivers." Davey, methinks that you are one of those parasitic individuals working in the massive, bloated DUI industry
Joseph Silvestri October 31, 2012 at 02:15 am
Dave, in your second paragraph, you make a number of statements but provide nothing to back them up. Simply saying something doesn't make it true. There are facts that verify the assertion about the seriously drunk being responsible for the vast majority of these alcohol-related crashes, not the .08 person, but there are immensely powerful business / govt. interests opposed to the dissemination of truths such as this. DUI is now a massive industry that employs vast amounts of parasitic people, and I suspect Dave Raines is one of them.
Re: Jim Daniels. The HSUS is a deceptive group that masquerades as a normal, animal-welfare group when it is in fact a radical organization much more akin to PETA and other such groups. People deserve to know the truth and HSUS deserves to be ridiculed and brought into the light. Maybe this will strike a chord in your tiny mind: HSUS only donates about 1% of their yearly revenues to actual animal shelters. HSUS took money from Michael Vick in exchange for helping him repair his public image, a scumbag who not only was involved in dog-fighting but by his own hand tortured and killed a number his own dogs. Any respectable animal-welfare organization would utterly nothing to with him but HSUS is not respectable, they are radicals.
John December 30, 2012 at 04:22 pm
Ok - im a 50 year old ex-navy pilot and ex-minister and i could have 2 glasses of wine for dinner, blow a .08, and drive circles around Jeff Gordon after doing so...AND most definitely drive circles around most sober 70 year olds out there driving 5 miles under the speed limit on I-95 (lol). The problem with the new law is that it takes ALL and ANY objective reasoning by the judges completely out of the picture. For example, if i'm a social drinker who goes out during the holidays and has two glasses of wine, and whilst driving home is pulled over by one of our local counties finest predatory revenue generators (a policeman) who is out there crusing around pulling everyone over for touching the white line or not using a turn signal, i'm automatically labled a CRIMINAL and forced to submit to urine samples for 6 months...what's wrong with this picture? I've decided to continue to drink and drive, and hopefully get caught so that i can sue the shit out of our draconian general assembly.
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