It is sad how the judges and politicians work the system. I am in law enforcement and I do a lot of DWI arrests, its what I enjoy the most. I see it so much when I go to court. The defendant blew a BAC of .200 or .250 or .134 etc and when he goes to court, they reduce the BAC to a lower number, therefore allowing him to avoid jail time, and then give him 180 days, suspends 173 of them and then the final 7 are unsupervised probation. If you don’t know, based on your BAC determines what length of jail sentence you will face. Hence why they reduce the BAC. It’s sad. They do this for first and second offense. In Louisiana 3rd offense is a Felony. I have yet to go to court for a Felony one, but I will not be surprised when I do go and they reduce it like they do for 1st and 2nd. It's the same thing for so many other crimes. They reduce the crime down and then that allows a lesser sentence and in return less or no jail time. As a police man, it can be discouraging to make the arrests and then have the judge slap you (the cop) in the face by reducing the crime so the defendant can avoid jail time. I don’t let it discourage me because I know by me arresting them for the night, they will not kill once of my fellow officers sitting at the red light, my family or some innocent person coming home from work. On the other hand, I know of many officers that have made DWI arrests, gone to court and seen the outcome and get discouraged and say why waste my time when its not going to go anywhere when it gets to court. As we all know, the drunk driver walks away without a scratch and the innocent person leaves in a body bag. If they start sticking to what the criminal code books tell you, these crimes that are committed by “everyday” people would go down. People would reconsider driving a vehicle when they know they can’t walk straight, are tripping over themselves, etc when they know if they get caught, they WILL face jail time. I know that some people will still do it regardless and have the mentality of you have to catch me, but I believe it will reduce a lot. My personal opinion is 1stOffense, your jail time is the time you spend in booking and processing and you will have the classes and community services that goes along with the suspended sentence. Everybody deserves a chance to redeem themselves because we all make mistakes. Second offense you are spending some nights in jail plus the fines, fees and community service. It amazes me when I arrest people for 4th or 5th offense and their driver’s license is still valid. Sorry for my rant, but it’s just something that I take very personal and I wish more people would understand how serious of a crime DWI is. I have been lucky and have not had to deal with the loss of a family member from a drunk driver, but I have seen the damage that is done when somebody is drunk or intoxicated and driving on several occasions. All it will take is for a judge or politician to have their family member killed by a drunk driver for them to start throwing the books at them. Rank is over!
Last edited by Bruin08; Mar 5, 2014 at 04:49 AM.