A combination of punishment, treatment, and monitoring through technology are all part of legislation being introduced in Delaware to address the problem of drunk driving – specifically, repeat offenders who get behind the wheel.
“If you’re getting a third, fourth, fifth, sixth DUI, you have a serious problem. And you’re a danger to everyone out on the roads, “ State Representative Helene Keeley (D-Wilmington) said.
Under a bill Keeley is sponsoring in the House of Representatives, repeat offenders would face enhanced minimum mandatory prison sentences of six months for the third offense. Penalties for repeat offenders would range up to five years – if convicted of seven or more DUI offenses. Sentences could be cut in half if the offender complies with treatment and monitoring provisions.
Keeley said one of the most important components is the treatment aspect.
“A lot of people don’t realize they have a drinking problem, and to break the cycle sometimes you have to mandate that they go into treatment,” Keeley added.
“They’re alcoholics, and they need treatment. Treatment works. We know it works. If they’re not willing to get treatment on their own, we’re going to force it on them, “ Senator Patricia Blevins (D-Elsmere) said. Blevins is sponsoring the bill in the Senate.
If we can keep them sober for 90 days we really think we have a good shot at helping them turn their lives around,” Blevins added.
New legislation seeks to strengthen DUI laws regarding repeat offenders
Delaware Attorney General Beau Biden outlines the legislation and what motivated it.
State Rep Helene Keeley (D-Wilmington South) discusses the bill she is sponsoring that would combine mandatory treatment and tough penalties for repeat DUI offenders
State Senate Majority leader Patricia Blevins (D-Elsmere) explains the bill specifically targets drivers who are charged with DUI three or more times…
Under the bill, DUI offender could wear a monitor known as a transdermal continuous alcohol monitoring device that detects the use of alcohol, and would be required to abstain from drinking for 90 days. The person would also be subject to periodic random breath or urine analysis during that period of supervision.
“That is an effort for us to follow those who have a problem and demonstrated they have a problem, and for us to get them help, or sometimes get them back in jail and get them help,” Attorney General Beau Biden said.
“We cannot keep arresting the same drunk drivers over and over again,” Biden added. “We need a more effective approach.”
Deputy Attorney General Sean Lugg said the bill would impose a “step-wise” series of punishment levels for those who repeatedly get caught drinking and driving, and is designed to reduce recidivism “so they’re not risks to us after they’re released from prison.”
A driver found with a blood alcohol concentration of .15 or higher would also be required to have an ignition interlock device installed in his or her vehicle that requires the driver to blow into the device before it can be started. If the driver has alcohol on the breath the vehicle would not start.
A separate bill also would lengthen the prison time for vehicular assault and vehicular homicide.
“When somebody makes a decision to drive drunk, they’re literally making a tragic decision to put lives at risk. It is that simple,” Governor Jack Markell said.
The bill has the backing of State Police Colonel Robert Coupe and Newport Police Chief Michael Capriglione, President of the Delaware Police Chiefs Council.
Some think the bill does not go far enough.
National Interlock Systems Director of Public Policy Jack Dalton said the ignition interlock device should be mandated for any first-offender with a BAC of .08. Dalton said first-time offenders are among the most dangerous, and they constitute the majority of the approximately 3,000 DUI arrests in a typical year in Delaware. Delaware’s chapter of MADD (Mothers Against Drunk Driving) also supports a six-month ignition interlock device requirement for convicted DUI offenders with a blood alcohol level of .08
