Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“I think that a DUI is a political crime. The reason I think it’s a political crime is because the presumption in the law, by the legislature, is that if you have a certain amount of alcohol in you, you are automatically impaired so that you are driving while intoxicated. Then it’s the defendants burden to overcome that rebuttable presumption. And it is a presumption.
But the fact is that some people can drive with .08% in their system and drive as safely as someone who has had just one drink but never drinks. So how you drive while you are under the influence of alcohol…and you are under the influence of alcohol if you drink, but you may not be under the influence so that you cannot control your vehicle. It’s a political crime because you are being charged with a crime when no one has been hurt but the potential is there that you could hurt somebody. Again, that is a presumption. Two, it’s a political crime because the blood alcohol is determined by statute. It’s the political will of the legislature. Initially, it was .10%, now it’s .08%, and Utah, I believe it is, came up with .05%.”
Ray Hrdlicka – Host – Attorneys.Media
“Are you serious?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“I’m serious. Now you have this bizarre scenario where the alcohol level is reduced, and the driving may not be any worse. In fact, it’s less likely to be a problem if you have .05% than .08%, and you still deal with the legislative presumption. It’s now a crime of the political will of the legislature.”
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