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Copyright (c) 2007 University of Richmond Law Review Association
University of Richmond Law Review

ESSAY: RETHINKING DUI LAW IN VIRGINIA

ANNUAL SURVEY, 2007

42 U. Rich. L. Rev. 107

Author

Monte Kuligowski*

Excerpt



I. Introduction
 
Prosecuting the crime of driving under the influence ("DUI") (or driving with a blood alcohol concentration ("BAC") level of at least 0.08) 1 without doing damage to some of our most cherished constitutional principles is oftentimes problematic. To narrow the focus of that wide vein, failing to always require the requisite criminal intent for conviction is the primary consideration of this essay. 2

The crime of DUI is an intense emotional, political, and constitutional subject. On one side of the debate, we have organized lobby groups, most notably Mothers Against Drunk Driving, that push for ever-harsher drunk driving laws. On the other side, we have the defense bar and those concerned with sacrificing the Constitution in exchange for easier DUI convictions.

Those having lost loved ones at the hands of drunk drivers and those who are simply concerned about the safety of the roadways have every reason to demand stricter drunk driving laws. And those who are able to foresee the legal consequences of replacing constitutional protections with quid pro quo measures for the sake of appeasing loud voices have every reason to demand constitutional integrity from the legislature and judiciary.

My position is that the two seemingly polar groups are not natural enemies, and my proposals at the end of this piece seek to satisfy the concerns of both sides. I argue the solution is to enact appropriate criminal driving laws that satisfy both societal and constitutional concerns.

As the demand for safer roadways needs little ...
 
 
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