http://criminallawnews.us/2010/01/california-dui-law-will-give-repeat-offenders-more-options/ News about criminal cases and the lawyers that handle them. Thu, 05 Apr 2012 21:23:54 +0000 hourly 1 http://wordpress.org/?v=3.3.2 http://criminallawnews.us/2010/01/california-dui-law-will-give-repeat-offenders-more-options/comment-page-1/#comment-337 Karen Rout Thu, 06 Jan 2011 16:38:48 +0000 http://criminallawnews.us/?p=72#comment-337 My sister had her 3rd DUI conviction, with a BAC of .12%. Our family pleaded for a 12 month sentence to a in patient recovery program. She has continued to drive drunk on a suspended license for several years. She has continually been slapped on the hand, but nothing big. However, now the judge says that if she violates her probation, she will get 5yrs. plus. He further said he would do whatever he had to to make sure she got the full extent of the punishment. OK, this is what I don't understand...3rd dui offense besides fines, and DMV trouble, the maximum time the Judge said he could give her was 180 days. After that it goes to 5 years? Why such a difference in punishment from the 3rd to the 4th DUI? I feel like they have set my sister up to fail. She's an alcoholic with a living problem. She can't stay sober long enough to realize what she is doing to herself. The monetary fines mean nothing to her, cause she is disabled and doesn't work. The DMV penalties apparently are not working, because she continually drives drunk everyday, no exaggeration. We don't need easier laws, we need tougher laws before being sentenced to 5 yrs. Alcoholism is a disease, not a moral issue. We are sick, and need help. We have prop 36 for drug users, why don't we have a program like that for alcoholics? If we could change the law to state that after the 2nd DUI, a mandatory year in a treatment facility should be put in place. If they leave or get kicked out, they go back to jail to finish that year. It worked for my son; he just graduated the Salvation Army Alcohol treatment program after 10 months. But, I had to beg his probation officer to make it mandatory. We as a people need to make stiffer laws regarding repeat offenders and the help available to them. Taking away their freedom is a big deal. My sister is not concerned with all the fines, or the fact she will have a 3 yr. suspension on her license. She just wants out of jail. She has been in for about 50 days, and the judge said she has to go into treatment, but because of the 180 days penalty, she can leave the treatment facility in less than 4 months. However, her next DUI will result in a 5 yr. prison term. That just doesn't make sense to me. My sister had her 3rd DUI conviction, with a BAC of .12%. Our family pleaded for a 12 month sentence to a in patient recovery program. She has continued to drive drunk on a suspended license for several years. She has continually been slapped on the hand, but nothing big. However, now the judge says that if she violates her probation, she will get 5yrs. plus. He further said he would do whatever he had to to make sure she got the full extent of the punishment. OK, this is what I don’t understand…3rd dui offense besides fines, and DMV trouble, the maximum time the Judge said he could give her was 180 days. After that it goes to 5 years? Why such a difference in punishment from the 3rd to the 4th DUI? I feel like they have set my sister up to fail. She’s an alcoholic with a living problem. She can’t stay sober long enough to realize what she is doing to herself. The monetary fines mean nothing to her, cause she is disabled and doesn’t work. The DMV penalties apparently are not working, because she continually drives drunk everyday, no exaggeration. We don’t need easier laws, we need tougher laws before being sentenced to 5 yrs. Alcoholism is a disease, not a moral issue. We are sick, and need help. We have prop 36 for drug users, why don’t we have a program like that for alcoholics? If we could change the law to state that after the 2nd DUI, a mandatory year in a treatment facility should be put in place. If they leave or get kicked out, they go back to jail to finish that year. It worked for my son; he just graduated the Salvation Army Alcohol treatment program after 10 months. But, I had to beg his probation officer to make it mandatory. We as a people need to make stiffer laws regarding repeat offenders and the help available to them. Taking away their freedom is a big deal. My sister is not concerned with all the fines, or the fact she will have a 3 yr. suspension on her license. She just wants out of jail. She has been in for about 50 days, and the judge said she has to go into treatment, but because of the 180 days penalty, she can leave the treatment facility in less than 4 months. However, her next DUI will result in a 5 yr. prison term. That just doesn’t make sense to me.

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