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DUI laws have changed over the years to try to curb the number of deaths and injuries occurring because of alcohol related accidents. Each state has its own DUI laws, but the majority of states have passed laws that are consistent with one another. While there have been marginal declines in the number of alcohol-related fatalities in recent years, they still account for 41 percent of total highway deaths.
In 2002, 17,419 people died in alcohol related crashes. An alcohol related crash is defined by the National Highway Traffic Safety Administration (NHTSA) as a driver or nonoccupant having a blood alcohol concentration (BAC) of 0.10 g/dl or greater. NHTSA 2001 statistics show that about three in every ten Americans will be involved in an alcohol related crash at some point in their lives.
Attempts to reduce the number of drunk drivers have resulted in the majority of states automatically finding drunk drivers guilty when a BAC of 0.10 or higher is present. Victims and survivors of alcohol related crashes have supported the DUI law called "legal per se", but the DUI law has been argued to be unconstitutional. Arguments are that by automatically finding drivers guilty a person loses his/her right to have trial by jury.
It is important to have strict DUI laws so that reckless drivers are not allowed to put the lives and well-being of others on the road at risk without consequence, but at the same time it has been argued that the "legal per se" DUI law does this at the expense of the basic freedoms of its citizens. Drunk driving is the most frequently committed violent crime, so it has been argued a DUI should be punished like a violent crime depending on the outcome of the accident. This way, there can be different DUI laws that try a person accordingly, including varying penalties if causing death, injury, or personal or property damage.
Based on the severity of the outcome of the DUI the DUI law can still make sure there are severe criminal penalties but that they are ordered consistent with the crime. In respect to repeat DUIs, the consequences can be made even more severe as well. A DUI related accident must also consider the emotional aspect that can affect the passing of laws. Unfortunately, drivers under the influence take an innocent life every thirty minutes, but like assaults and homicides are tried, it is argued DUI laws should allow for impartial jury trials as well.
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