Indiana Dui
Is DUI A Felony Or A Misdemeanor In Your State?
I live in Indiana. I just found out today by conversation that a DUI is a misdemeanor in my state.
I would of thought putting others lives at risk with a 3,000+ lb. vehicle would classify as a felony.
What is it in your state. And should it be different?
Sorry but this question is not as simple as you have tried to make it. In most states where there is not an accident or property damage the first offense is a misdemeanor. Subsequent offenses carry stiffer penalties and in some states become felonies after a certain number.
If a person kills someone while driving under the influence it is a felony in all states regardless of what offense it is.
Should a DUI be a felony regardless? Again it is not that simple. According to the definition of the charge a person charged with DUI was not at full mental capacity at the time of the alleged offense. Therefore unable to form true intent to commit a crime. Without intent there is no crime. Although there have been instances where people with mental deficiencies have been charged with a crime it is generally accepted that such people should not be held accountable for “criminal” acts they commit.
Alcoholism is a disease (The American Medical Association recognizes it as such) that wrecks havoc on the individual and all of society. Instead of locking these people up for something they have done while intoxicated why not get them treatment. Prohibition did not work in the early part of the last century and it will not ever work. Just like the drug war can never be won. These are not criminal issues, they are social problems that must be dealt with in a compassionate and sensible manner.
Our prisons are full of people convicted of NON-VIOLENT drug and alcohol related offenses. They do not have the same number of appeals available to them as do the murderers, rapists and pedophiles that are being released everyday because of technicalities or shoddy police work. Nor do they have the same caliber of defense as do most persons charged with these more serious crimes. Unless a person is financially independent most can not afford the type of legal counsel needed to defend themselves. Consequently many people that do have the wherewithal to defend themselves by hiring the most expensive lawyers in the country. Lawyers that specialize in getting people off for these “crimes”, have been charged numerous times yet still walk freely among us today and drive drunk at night. In short if you have enough money you can get away with murder.
If you are a poor person you are subject to the whims of the state. Many people are charged even though they pass the breathalyzer test. (ie the legal limit is .08 and they blow .07 or .06). The judge dictates what evidence the jury is allowed to hear and many people that did not meet the legal definition for intoxication are convicted a “crime” they did not commit.
There is risk in every thing we do. You, I and every other driver on the roads put other peoples life at risk every time we get behind the wheel of a vehicle, whether intoxicated or not. Should we all be charged with a felony?
Drunk Driver Plows Into A Police Cruiser In Lake Station Indiana
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