Should California Revise Its Drunk Driving Sentencing Laws?

Despite the often-tragic consequences of drinking and driving, California laws are, arguably, somewhat lenient when it comes to criminalizing the behavior. At present, if a driver receives a DUI and more than ten years pass before he or she receives another one, the first conviction will not influence sentencing for the second; the driver would not be subject to the enhanced penalties that accompany a second conviction. Moreover, a driver is not even considered for a felony until his or her fourth DUI conviction. Recent arrests and car accidents in Orange County, California, as well as government statistics, indicate that there is a high incidence of fatal and injury crashes involving drivers with past DUI convictions, underscoring the need for the state to revise its sentencing laws, explains a lawyer.

In the summer of 2010, police in Orange County arrested a man for driving under the influence, his 13th conviction since 1976. On that July day, officers found 55-year-old Dennis Patrick Malavasi sleeping in a pickup truck with the engine running and a half-empty bottle of malt liquor by his side, reported the Orange County Register. Convicted of his last DUI in late 2001, Malavasi was caught drinking and driving again just a year shy of the ten-year marker; had he received his next DUI in 2011 instead of 2010, he would not face any sentencing enhancements—the conviction would be treated as if it was his first. Instead, he was given five years of probation and ordered to serve one year in a residential alcohol treatment program, where he only spent a few months.

A case perhaps better known in Orange County is that of the fatal car accident caused by repeat DUI offender Andrew Thomas Gallo. On April 9, 2009, Gallo ran a red light in Fullerton and struck another vehicle, killing three of its occupants, including a rookie pitcher for the Angles, and critically injuring the fourth, explains a lawyer. Gallo, whose blood-alcohol content was four times the legal limit, fled the scene of the car accident but was apprehended later about two miles away. At the time, he was still on probation for a DUI conviction he had received three years prior. Recently, he was sentenced to 51 years to life in prison.

These two incidents are not unique to Orange County. National Highway Traffic Safety Administration statistics indicate that recidivism is quite common among those who have been convicted of driving under the influence. According to the agency’s most current data, drivers who were involved in fatal crashes and had a blood-alcohol content of .08 percent of higher were eight times more likely to have prior DUI convictions.

In an effort to reduce the incidence of drunk driving, California recently enacted a law that will impose harsher penalties on drivers with three DUI convictions; specifically they may have their licenses revoked for ten years. A bill proposed by Senator Bill Emmerson (R – Hemet), SB 780, would result in sentencing for DUIs without consideration of the time that has elapsed between the first and the second, as well as making a third conviction eligible for felony status. The bill has yet to be passed. However, if the repercussions of even a second DUI, irrespective of when it was received, were greater, perhaps more drivers would be deterred from taking the wheel while intoxicated.

By: Larry Drexel

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Larry Drexel is a Public Relations manager. To obtain free, informative books or articles he suggests visiting Orange County car accident lawyer.