Some states do this already. In Virginia, .08 is legal drunk, but a BAC over .15 is an aggravating factor, with a separate aggravating factor at .2. These influence the punishment handed out. A "normal" .08 sentence is 180 days in jail, with all of the time suspended. .15 will get 180 days in jail, with 175 suspended. .2 will get 180 days with 170 suspended, but by the time someone's at .2 they've usually done something else (like caused an accident) that will increase their punishment further.
2006-07-05 05:36:08
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answer #1
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answered by Anonymous
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I don't agree with you on the murder vs. manslaughter idea.
I do however, semi agree with the idea of the drunker you are the worse the punishment.
I think that regardless of "how drunk" (BAC) every individual is affected differently.........someone that never drinks will not have the same tolerance level as someone that does.....
Even though it is really a sad deal when an innocent person is killed by a drunk driver; it was not the sole intention (of the drunk person) to "kill".. same goes with when "friends" (both drinking) make the decision to get into the vehicle and the passenger ends up dying as a result of the driver being too drunk to drive.
It's just sad --- but the worst is when an individual has 7-8-9 priors and still has a license, or still drinks and drives.
2006-07-05 01:40:03
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answer #2
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answered by Uwanna Kissimmi 6
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I agree that the higher the BAC the higher the sentence should be; however, if that were the case the prosecution now must also prove that the BAC reading were accurate and any good lawyer would be able to get the charges dismissed. In some states, killing someone with your car is a homicide not manslaughter.
2006-07-05 01:26:32
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answer #3
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answered by Grace 3
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I'm sorry, but you can be as impaired at .08% as any other. It's like being "kind of pregnant." In Indiana, though we do have 2 categories: driving while over the legal limit, and driving while intoxicated. The first one does not require that you be noticably impaired, and carries a lessor penalty.
2006-07-05 01:44:30
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answer #4
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answered by cross-stitch kelly 7
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No! My opinion is that anyone who drinks and drives should have their licensed suspended for at least a year. If caught driving they should be arrested and sentenced to at least six month in jail.
I agree with you that if someone that has been drinking (no matter what the limit) should be tried for murder.
Same goes for driving when using drugs.
2006-07-05 01:29:48
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answer #5
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answered by Anonymous
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I don't think so, if you had a sliding scale people would wind up using the ration of " well I'm just a little drunk so I am still ok to drive home".
2006-07-05 01:25:55
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answer #6
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answered by Death 3
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I SAY IF YOUR BAC IS TWICE AS HIGH AS THE LIMIT YOU PUNISHMENT SHOULD BE DOUBLED ANS TRIPLED IF ITS THREE TIMES AS HIGH..THAT'S FOR THE FIRST TIME...FOR THE SECOND TIME ITS SHOULD BE DOUBLED AGAIN AND THE THIRD OFFENSE YOU SHOULD LOOSE YOUR DRIVING PRIVILEGE FOR GOOD!!!!!!!!!!!!
2006-07-05 01:32:41
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answer #7
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answered by nas88car300 7
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No.
Once you are legally drunk it cannot be divided into degrees.
2006-07-05 01:44:16
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answer #8
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answered by deana_joe 2
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I agree with you
2006-07-05 01:23:41
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answer #9
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answered by OZoNE 4
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