A House committee is studying the Senate’s version of tougher DUI laws.
But some supporters say neither the Senate version nor a House version is tough enough.
The Senate bill was amended – so that any mandatory jail time for first-time DUI offenders was taken out – except that a driver with a point-one-eight blood alcohol concentration must spend two days in jail and do mandatory community service. The bill makes use of the “24-7” sobriety program – through special bracelets that detect alcohol consumption. There’s a carrot – if the driver wearing those bracelets stays alcohol-free, the driver would receive a restricted license, allowing that person to drive to and from work.
Sen. Kelly Armstrong (R-Dickinson) is a defense attorney – and he had the amendments drafted.
"I think the deterrent effect of increasing penalties doesn't work nearly as well as we think it does," said Armstrong. "It's expedient. But as far as a policy situation goes, I think the better answer is to strike a balance between rewarding good behavior and punishing bad behavior."
Armstrong told the House Transportation Committee a mandatory minimum for a first-time DUI offender would clog the court system.
"Every time you put significant minimum mandatory sentences on a first offense, you're going to go to trila," Armstrong told the committee. "The judge isn't going to sentence that person to more than the minimum mandatory anyway. As a defense attorney, I would never have my client plead guilty to a DUI again. I would be, like, 'We're reducing to a reckless driving, or we're going to trial.'"
Rep. Ed Gruchalla (D-Fargo) is a former Highway Patrol officer. He co-sponsored the Senate bill. And he told the House Transportation Committee he would like to see the Senate and House bills combined – and strengthened.
"Adding a couple hundred dollars to a fine, or a day or two to jail on a weekend, I don't think is going to deter anybody," said Gruchalla. "If it's a societal problem, and we're going to make a difference in society, we're going to have to put up a firewall, and make it a severe penalty up front."
The committee has not taken action.