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Speak Out: Does Virginia's New DUI Law Go Too Far?

Restaurant association: Law punishes anyone who has had 'one sip' over legal limit.

 

The American Beverage Institute, a restaurant trade association that represents more than 290 restaurants in Virginia alone, believes a new law requiring all first-time DUI offenders to install a Breathalyzer in their vehicle goes too far.

The association has lobbied against such laws on the national level and in Virginia and a number of other states, saying it punishes anyone who has had "one sip" over the legal limit.

Gov. Bob McDonnell signed the tougher penalty into law last week. It goes into effect July 1. Currently, installing ignition locks is a punishment in Virginia reserved for repeat offenders or first-time convictions where a person's blood alcohol content, or BAC, is higher than 0.15. The state's legal limit is 0.08.

Citing data from the National Highway Traffic Safety Administration, the American Beverage Institute stated in a recent news release that the average blood alcohol content in a fatal car crash is 0.19, more than twice the legal limit.

“A 120 pound woman can reach the 0.08% BAC level by having two glasses of wine in two hours," the association's managing director, Sarah Longwell, stated in the news release. "Should she receive the same punishment as someone with a 0.19% BAC level or multiple offenses?"

The new law will cost Virginia more than $10.6 million annually to enforce, according to the restaurant association.

The group believes Mothers Against Drunk Driving, or MADD, has launched a national campaign to make Breathalyzers come installed in every vehicle as standard equipment.

Such a move would effectively eliminate "the ability to have a glass of wine with dinner, a beer at a ball game, or a champagne toast at a wedding and drive home," according to the American Beverage Institute.

Related Topics: ABI, American Beverage Institute, Bob McDonnell, Breathalyzer, Dui, MADD, and ignition locks
What do you think: Does Virginia's new DUI law go too far? Tell us in the comments.

Ben Glass

7:12 am on Monday, March 12, 2012

as an attorney who represents those injured by drunk drivers I see the devastation that all sorts of impaired driving can cause (cell phones are right up there!)..putting aside major catastrophic injuries (which are relatively rare) even moderate injury accidents can cause significant financial issues.. health insurance doesn't cover everything and some policies really provide no coverage to car accidents (they pay the bills but you have to pay them back)... missing work can lead to not only lost income but job loss, with the cascading effect of losing other work related benefits (health, life and disability insurance.)

So I come down on the side of "if you make a conscious decision to get into a car after you have been drinking, and you get caught 'over the limit' then you need to pay the price-including that ignition lock device.)

Life is all about choices... your choice to drink (any amount) and drive carries with it the risk of injury to others..

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Skip Endale

7:52 pm on Monday, March 12, 2012

totally agree with Ben, the law also serves to protect the drunks from themselves.

Joe Brenchick

7:15 am on Monday, March 12, 2012

My personal opinion is everyone should be allowed one mistake. So this does seem drastic to me for a first offence, in instances that do not involve injury or property damage.

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Penny

9:28 pm on Monday, March 12, 2012

My sister was killed by a drunk driver. I respectfully disagree with you. What if that one mistake kills a family member of yours?

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Joe Brenchick

3:32 am on Tuesday, March 13, 2012

Penny, I said if there was no injury or property damage.

Joe Bagadonuts

9:11 am on Monday, March 12, 2012

"Life is all about choices... your choice to drink (any amount) and drive carries with it the risk of injury to others.."

The degree of punishment is supposed to be directly related to risk and probability of injury. So deducing relative risks from VA law: driving while talking on a cell phone, texting, fiddling with GPS, sleep deprived, taking cold medicine, speeding = low risk. Driving after as little as two glasses of wine (and otherwise breaking no laws and causing no injury) = high risk. Gotcha. Ambulance chasing injury lawyers love Draconion laws like this. Ignition lock companies too.

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Albert Pickeral

9:12 am on Monday, March 12, 2012

How about "2 sips" over the line ?. . how about "3". You've gotta draw a line at some point. I thought the legal,acceptable BAC was the line . .

The devastation that alcohol causes has already gone too far . . economically, emotionally, socially. When does our culture begin to accept that one must be "accountable" for their actions. This "entitlement" culture continues to pervade society too much already. Enough is Enough.

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Jim Daniels

9:18 am on Monday, March 12, 2012

Might possibly be a little excessive...though I think the notion that those slightly over the limit are receiving the same punishment as those significantly over is probably wrong. My guess is the actual penalty for the latter is harsher in other ways.

But really, with all the stupid, unconstitutional laws the Assembly passed this year, this is but a blip on the radar!!!

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Eileen P

9:45 am on Monday, March 12, 2012

FTA: “A 120 pound woman can reach the 0.08% BAC level by having two glasses of wine in two hours," the association's managing director, Sarah Longwell, stated in the news release. "Should she receive the same punishment as someone with a 0.19% BAC level or multiple offenses?"

My response: HELL YES.

We want people to NOT drive after drinking, we're not punishing people on a sliding scale for being "Not as drunk as some other person, but still drunk."

It is my understanding that the convicted person has to pay for the installation of the Interlock, so I'm not sure where the cost to the state is coming from, I haven't researched that. Does the state of Virginia post or release costs incurred from enforcing current laws?
If the law in Virginia says that you are impaired when driving with a BAC no less than .08, then it makes sense that you are punished for that, and then with stiffer penalties for repeat offenses and NOT with stiffer penalties for level of drunkenness.
That said, I'm interested in knowing if Interlock is the sole vendor of this device and would be making major profits, or if it is merely the term for the device type; I just don't have time to look all of this stuff up!
Something I also don't have time for? People that whine that they can't have a beer with dinner.

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Uncle Smartypants

2:49 pm on Monday, March 12, 2012

"Beer is proof God loves us and wants us to be happy." Benjamin Franklin

GeneC

11:41 am on Monday, March 12, 2012

Have you ever heard of a designated driver? Truth is something does have to change and we won't like whatever it is. The rights of a person to be safe out weighs that of the rights to drink in my opinion. BTW, I do like to have a drink or two, sometimes more. But when I do I put myself in a position to do so resposibly. I agree with tougher laws on 1st time offenders.

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ascending note

12:47 am on Wednesday, October 24, 2012

GeneC-
Have you ever been convicted of a 1st offense DUI for having a drink or two responsibly? Let me educate you. Here's the breakdown for not being in an accident and stupidly cooperating with law enforcement about drinking;pulled over for interstate speeding 10 over the limit. Lawyer fees $750-$6000. I had the $6000 variety plus $3500 for the appeal. An additional $2500 to hire a third attorney to protect my professional license. Total fine losing appeal $511. The breakdown is $250 for the fine, $100 DUI fee, $10 Crimes Against children fee, $10 Security Fee, $80 Misdomeanor fee, $61 appeal fee. Your license is suspended for 1 year. I qualified for a restricted license that Virginia DMV reissued to me for $220. Before I was eligible for the reissuance, I had to complete a 10 week Virginia Alcohol Safety Action Program that cost $350 and drive to the course 1 and half hours away from my residence because the local facility only held the course 2 nights a week and had a waiting list 1 month out from the actual conviction. Let me add, July 1st instituted mandatory interlock ignition requirements for 1st time offenders in Virginia regardless of BAC. That's on my car for 6 months and the rental is $80.90/month. I say per month because the user is required to return to the facility every 28 days during the 6 month period for maintenance and system download. Added this up yet? I'm age 45 with prior minor traffic tickets;no accidents.I am now a criminal.Tougher laws? Screw u.

Ron Furgerson

12:00 pm on Monday, March 12, 2012

A person who has already been convicted of DUI has by that conviction demonstrated the need for additional measures to protect themselves and others from potential devastation. The state legislators and the governor have acted responsibly.

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The Convict

12:12 pm on Monday, March 12, 2012

Why not just make it standard equipment? After all, a never offender doesn't become a first offender until they're caught. That first offense might just be the offense when they injure somebody. So, why not require everybody to pass the test before allowing them to start the car?

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Joe Bagadonuts

12:21 pm on Monday, March 12, 2012

The issue is not drunk driving. I think it goes without saying (or should go without saying) that getting drunk and driving is bad. Duh. But now we've got a bunch of temperance do-gooders over-emoting that drivers who drink even a miniscule amount should receive the harshest penalties. I think the punishment should fit the potential risk to society. Therefore, I propose that all driving impairment crimes should be lumped together into one broad category. So under this new law, impairment includes: drunk driving, stop sign running, any speeding that's over 25% over the limit (that includes doing 31 in a 25), talking on a cell phone (hands free included), texting, driving while tired, sick, upset or medicated (cold meds included), aggressive lane changes, and tailgating. All of these things are equal or more likely to cause injury than having two drinks. To the temperance do-gooders: you *ever* do any of these dangerous things? Just as I thought. Then you're an equal or worse menace and should be lumped in with the drunk drivers and should have the book thrown at you.

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Dave Raines

12:37 pm on Monday, March 12, 2012

Where do you read anything about "a miniscule amount"? Way to make over blown claims without substantiation. Also, way to show yourself as being disengaged from reality by putting forth your straw-man silly law idea. Of course no one would do that. No one is asking to do that, something that you are well aware of but are trying to make people think the proponents are all for.

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Joe Bagadonuts

1:28 pm on Monday, March 12, 2012

Re: "Where do you read anything about "a miniscule amount"?" OK, I'll do the reading for you. Here's a couple:

@Ben Glass (the ambulance chaser): "your choice to drink (any amount) and drive carries with it the risk of injury to others."

@ Eileen P: "Something I also don't have time for? People that whine that they can't have a beer with dinner."

And to be clear, are you arguing that:
"stop sign running, any speeding that's over 25% over the limit (that includes doing 31 in a 25), talking on a cell phone (hands free included), texting, driving while tired, sick, upset or medicated (cold meds included), aggressive lane changes, and tailgating."

are not as serious as having two drinks and driving? Do you *ever* do *any* of these things? If so, drop the sanctimoniousness.

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Richard

7:40 am on Sunday, September 23, 2012

My point is if your high as a kite on pot, you get a ticket ????? But two drinks and you go through the ringer.. makes no sense?

John S

12:22 pm on Monday, March 12, 2012

This is another case of a growth industry lobby with a agenda to force as many devices as possible. No devices on every car. No devices unless one has been convicted of DUI. Where is the test of the devices to see if they can recognize the difference between onion breath and alcohol over a period of time.

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Dave Raines

12:32 pm on Monday, March 12, 2012

Just so readers are kept informed, Sarah Longwell, the “managing director of the American Beverage Institute," actually works for Berman and Company, a Washington, D.C. based company whose clients all have one thing in common – they don’t want anybody keeping them from making as much money as possible, no matter the consequences. There are at least 15 “associations” there, with fewer than 20 staffers trading titles. Sarah is listed with various titles in at least ten of Berman’s front groups. Some of the associations they have made up include ones lobbying for fewer restrictions on mercury tainted fish, smoking in public places, lowering the minimum wage, promoting high fructose corn syrup, tanning salons, obesity and, of course, pro drunk driving.

Saying that repeat, hard core drinkers cause the majority of DUI crashes is just plain untrue. Claiming that anti-DUI tactics will force people to stop having a single drink are false. Claims of patrols being more effective at saving lives than checkpoints fly in the face of overwhelming evidence to the contrary. Admonitions that MADD and other groups are teetotalers bringing back prohibition are ludicrous and unsubstantiated. What Berman and Company, and the bar owners funding of the American Beverage Institute, are really after is keeping people buying as much booze as possible in their establishments, keeping their profits up, and figuring that enough will make it home safely to come back again for more.

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Jim Daniels

1:23 pm on Monday, March 12, 2012

Good catch! These are the same jerks who ran the anti Humane Society ad during the Super Bowl. As with most of their campaigns...they simply lie to make their clients as much money as possible! Here is a great website that exposes all of their front groups!!

http://bermanexposed.org/

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Joe Brenchick

1:43 pm on Monday, March 12, 2012

Oooo, those greed is good, slash and burn, evil Capitalists! I think Dave and Jim went just a bit over the top with their accusations. Maybe they’ve watched Conspiracy Theory one too many times ….

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Dave Raines

2:00 pm on Monday, March 12, 2012

Joe, I never said anything about capitalism. Don't try deflecting my statements into straw man arguements. If you want, I can list at least a half dozen different points that ABI has made in defense of their bar clients that are absolute lies. When capitalists (or socialists or anarchists or feudalists or laissez faire-ists) play fair and don't lie, then they can take the field without my comment.

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Joe Brenchick

4:58 am on Tuesday, March 13, 2012

Your gratuitous insertion that the ABI and their lobbyist put profits over people speaks for itself.

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Joseph Silvestri

10:15 pm on Tuesday, October 30, 2012

Dave, in your second paragraph, you make a number of statements but provide nothing to back them up. Simply saying something doesn't make it true. There are facts that verify the assertion about the seriously drunk being responsible for the vast majority of these alcohol-related crashes, not the .08 person, but there are immensely powerful business / govt. interests opposed to the dissemination of truths such as this. DUI is now a massive industry that employs vast amounts of parasitic people, and I suspect Dave Raines is one of them.

Re: Jim Daniels. The HSUS is a deceptive group that masquerades as a normal, animal-welfare group when it is in fact a radical organization much more akin to PETA and other such groups. People deserve to know the truth and HSUS deserves to be ridiculed and brought into the light. Maybe this will strike a chord in your tiny mind: HSUS only donates about 1% of their yearly revenues to actual animal shelters. HSUS took money from Michael Vick in exchange for helping him repair his public image, a scumbag who not only was involved in dog-fighting but by his own hand tortured and killed a number his own dogs. Any respectable animal-welfare organization would utterly nothing to with him but HSUS is not respectable, they are radicals.

Bonnie

1:13 pm on Monday, March 12, 2012

I say anything that will get the drunk drivers off the road is worth a try, at least. The news media keeps tabs on how many troops are killed or injured and announces it everyday. I love our military but remember it is an all volunteer military they signed on the dotted line. More people die in a single year than total troops have died since the US has been involved in the middle-east. Yet I never hear how many people were killed by drunk drivers, daily, on the news. I never see news stories of the struggles the families of those that lost a loved one by a drunk driver. There is never a documentary about how a person that lost their legs in an accident caused by a drunk driver. We march to get our troops out of war, why don't we march to get drunk drivers off the road. Drunk drivers cause more deaths then war yet we continue to let them get away with it. Those that were killed by a drunk driver did not volunteer.

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Joe Bagadonuts

1:41 pm on Monday, March 12, 2012

And how many more people are many killed or injured by cell phone talkers, texters, sleep deprived, aggressive drivers. The problem is far wider than drunk drivers. Why is your focus so narrow? And based on your insane rant that somehow manages to relate the media, the volunteer military and drunk driving I really think you should not get behind the wheel until things clear up inside your head.

The BSD Guy

1:52 pm on Monday, March 12, 2012

This is just another stupid idea from radical right winger Bob McDonnell. McDonnell, a devotee of Jerry Falwell and Pat Robertson has launched an agenda to impose his own opinions and beliefs on the rest of America. I believe he once stated that he wanted alcohol outlawed!!

In any case, I'm not a pro-drunk driver advocate (who is?) but this is yet another STUPID law conceived by stupid people. Taking sonagrams of fetuses isn't going to stop an abortion and putting breath-a-lizers into cars isn't going to stop drunk driving.

How long will it take before your typcial 18-21 year old is going to figure out how to circumvent this device? 10 minutes? Get a buddy to breath in it? Take a bag of warm air an collapse it over the device?

This is another "You're going to behave as I see fit" law brought to you by the governor that will a) be ineffective, and b) cost tax payers money. Incredible how the Republicans seem to have launched a spending program dedicated to furthering their own agenda by imposing INEFFECTIVE solutions AT TAXPAYER EXPENSE.

You want to stop drunk driving? Put them in jail...but that makes sense.

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Dave Raines

2:29 pm on Monday, March 12, 2012

BSD, I won't weigh in on McDonnell, whom I know next to nothing about. But I will dispel some of your misconceptions. These devices have been around for a long time. They keep getting better. They head off attempts to circumvent them. That "warm air" trick was thwarted 10 years ago. Perfect? No way to get around it? No, but 98 percent effective sounds good to me. And as a "you're going to do as I see fit" law, I see something that would keep me or anyone of the 10,000 people a year who are killed and 200,000 seriously injured by drunk drivers as a pretty fit law.

Dave Raines

2:03 pm on Monday, March 12, 2012

Joe Bagadonuts, of course the problem is wider than just drunk drivers. But the fact remains that drunks drivers, as a category, cause more deaths and injuries than any other categor, about one third the total. Of course, everything needs to be addressed, but that doesn't dismiss drunk driving from being problem number one.

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Joe Bagadonuts

3:02 pm on Monday, March 12, 2012

"But the fact remains that drunks drivers, as a category, cause more deaths and injuries than any other categor, about one third the total."

Major correction to this misleading statement: by official estimates, about 1/3 of highway deaths are RELATED to alcohol. Not CAUSED. So about 10,000 deaths per year are related - that means every single fatal wreck where a trace of alcohol was present is counted as related. So: guy texting on a windy road who had a lite beer two hours prior = related. The actual number of fatal crashes where alcohol was a determining factor is a much smaller number. Drunk driving deaths (the actual causal number) is a far smaller problem it's portrayed to be by the MADD crowd. Again - for those who don't read carefully - I'm not saying that drunk driving is not a problem. I'm saying that it's a far smaller problem than you all think it is. And more Draconian laws are not the answer.

Also, about the disproportional outrage: Two beers and driving? I'm outraged! Texting and driving? I wish you wouldn't do that.

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Dave Raines

4:29 pm on Monday, March 12, 2012

Joe, methinks you are Sarah Longwell and the American Beverage Institute in hiding. They are the only ones making that distinction. As long as you are getting technical, those numbers represent alcohol-involved, where someone directly involved in contributing to the crash was under the influence.

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Joseph Silvestri

10:05 pm on Tuesday, October 30, 2012

So, Dave Raines, you're ok with a crash in which a sober driver veered into a crowded plaza and killed someone who was drinking a glass of wine as an alcohol-related death and thus falsely used to use bolster statistics and scare people about "drunk drivers." Davey, methinks that you are one of those parasitic individuals working in the massive, bloated DUI industry

Uncle Smartypants

3:23 pm on Monday, March 12, 2012

The statistic that jumped out at me: 51% of fatalities were not wearing seat belts. I've been wearing a setbelt so long, I can't even comprehend anyone not wearing one.

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Jim Daniels

3:27 pm on Monday, March 12, 2012

Uncle Smartypants: If only Benjamin Franklin had actually said that...unfortunately a very popular urban legend! His actual quote: "Behold the rain which descends from heaven upon our vineyards, there it enters the roots of the vines, to be changed into wine, a constant proof that God loves us, and loves to see us happy."

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Uncle Smartypants

3:41 pm on Monday, March 12, 2012

Thanks Jim! I've seen that quote on t-shirts for so many years, that it became historical fact. The correct quote is better, but I'm going to imagine he ALSO said the beer one; just forgot to write it down.

Wayne

5:25 pm on Monday, March 12, 2012

Imagine that. The restaurant trade association speaking up against this. In other words, the bars.

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Keith Berry

6:34 pm on Monday, March 12, 2012

We might as well ban all alcohol being sold in public establishments. Nazism is alive and well in VA. Try these cases on the facts, .08 in a checkpoint isn't the same as a .19 driving erractically. Let me try these cases I will make a ton suing the state!

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Dave Raines

6:59 pm on Monday, March 12, 2012

At 0.07-0.09 you have loss of reasoning and visual acuity, with increased extraversion and blunted feelings, impairment of balance, speech, vision, reaction time, and hearing. Judgment and self-control are reduced, and caution, reason and memory are impaired. You think you are just fine, but are definitely buzzed. You are at 11 times higher risk for crashing your car.

Joe Bagadonuts

8:56 pm on Monday, March 12, 2012

@ David Raines, driving home the fact that 79% of all statistics are made up on the spot.

Plus if you have all of those symptoms at .07 (what, about 2-3 lite beers?) you're a complete dink and you really shouldn't drink at all, driving or not.

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Joe Brenchick

5:00 am on Tuesday, March 13, 2012

There are lies, damned lies and statistics. - Mark Twain

alex b

7:05 am on Tuesday, March 13, 2012

drink and drive? first second ,,dosen't matter they are killers ..

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Joe Bagadonuts

8:40 am on Tuesday, March 13, 2012

@alex b -- Wow. You're starting early today. Why don't you check back in once you sober up?

Kim

3:39 pm on Tuesday, March 13, 2012

Hmmm ... speaking of going too far ...

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Molli Ismail

3:53 pm on Tuesday, March 13, 2012

I totally support such a law! Sorry, but if you have to drink, dont drive. What gives you the right to drive drunk? Killing innocent people? I have had two family members killed by drunk drivers. Do you have to lose a family member for you to realize you shouldnt drive drunk?

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Carolyn

5:10 pm on Tuesday, March 13, 2012

First of all, when you are making a statement, don't start or finish it by saying, "Sorry." You erase your point. If you are sorry for what you are saying, who is supposed to take it seriously? The punishment should fit the crime. It is ridiculous to have a breatholyzer in every single car. Also, if a person drives drunk and runs a red light, the punishment should not be the same for a person who drive drunk and kills someone. These DUI punishments should be on a scale. This new law is from Bob McDonnell, who wanted to sneak in a new law to invade women's bodies. He didn't win with that, he won't win with this. The only people who will win are ignition lock companies and dui lawyers.

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Vasquez2

11:22 pm on Tuesday, March 13, 2012

I wish they'd pass (or enforce) a law regarding noise pollution from "neighboring" vehicles. I was stopped at a red light a Manassas Dr. & 28 next to car/truck "mash-up" and I could barely hear the siren of the oncoming ambulance for the bass in this guy's car. HIS bass was causing my mirrors to vibrate. I'm not some crotchety old grump. I've had a "2nd career" as a session drummer for the last 28 years. I'm used to loud noise. If I hadn't glanced in my rearview, I wouldn't have seen the ambulance barreling down behind me and I know the idiot in the car didn't hear it because he just sat there until the flashing red lights happened to catch his eye, once he looked up from his texting...
My wife gets migraines and sometimes I have to take her to the hospital. If she'd been in the car with me when that guy rolled up with that bass pounding, I'm not sure I could've kept her in the car. I love loud music too, but that crap is nothing short of an "aural" assault.

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Don

8:29 am on Wednesday, March 14, 2012

Our lives are becoming totally controlled by punitive puritan prohibitionists who are out to progressively criminalize human behavior. Their next step will be to make driving with any detectable amount of alcohol DUI. How many accidents are caused by the sorry state of Arlington's streets and roads? Can't do anything about that. Gotta go after those 'drunk' drivers.

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Joseph Silvestri

10:00 pm on Tuesday, October 30, 2012

Amen to that. MADD and other organizations are like a cancer attacking our society

shirley piel

11:44 am on Thursday, May 10, 2012

I live in Va. and i agree with the new law my son was killed 7 years ago at the age of 20 by drunk driver who only got 3 months in jail and he gets to be with his family thru holidays and everyday. i have 2 girls that have went thru alot from his death.they need to have harsher laws then what they have now even for first offence drivers.

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tracy wilson

10:10 pm on Thursday, June 21, 2012

Follow the money friends. Dui arrest are included as part of city and state budgets. They are easy to get a conviction on. Most car accident deaths are due to bad and sober mishandling of the automobile. Distracted drivers cause more accidents than anyone according to All state, city and federal stats

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Tani T

9:26 pm on Saturday, August 25, 2012

DUI laws are going too far. What happened to 'you are innocent until proven guilty'.

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John

11:22 am on Sunday, December 30, 2012

Ok - im a 50 year old ex-navy pilot and ex-minister and i could have 2 glasses of wine for dinner, blow a .08, and drive circles around Jeff Gordon after doing so...AND most definitely drive circles around most sober 70 year olds out there driving 5 miles under the speed limit on I-95 (lol). The problem with the new law is that it takes ALL and ANY objective reasoning by the judges completely out of the picture. For example, if i'm a social drinker who goes out during the holidays and has two glasses of wine, and whilst driving home is pulled over by one of our local counties finest predatory revenue generators (a policeman) who is out there crusing around pulling everyone over for touching the white line or not using a turn signal, i'm automatically labled a CRIMINAL and forced to submit to urine samples for 6 months...what's wrong with this picture? I've decided to continue to drink and drive, and hopefully get caught so that i can sue the shit out of our draconian general assembly.

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