What Effect Does The 08 Per Se Law Have On The Criminal Justice System

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The policy on drunk driving has been a controversial topic for decades, whether it is to deter or punish drunk drivers. Current public policy on drinking and driving includes the blood alcohol content (BAC) standard. The BAC measures the alcohol concentration present in a person’s bloodstream. The level of alcohol concentration often serves as an indicator of how intoxicated an individual is. It is the most accurate form of alcohol impairment measurement currently exists. There are those who are in favor of the policy, as well as those who are against the policy. Many people have difficulties making such judgment call on the policy of drunk driving, but here is an indisputable fact: “Every 53 minutes on average, someone is killed in a drunk …show more content…

What effects does the .08 Per Se Law have on the criminal justice system? Opponents of the Law argue that the implementation of the 0.08 BAC standard will overwhelm the criminal justice system, mainly with the increasing numbers of DUI arrests. The results place the police departments, courts, and jails under an great amount of unnecessary pressure. Advocates of the legislation claim that the .08 Per Se Law “Should be passed on its own merits. In their view, the potential impact on resources should not be a primary consideration when it was clear that the public supported the measure as a weapon to deter drunk drivers” (Arguments In Favor and Against .08 per se, n.d.). Regardless of the BAC level, there needs to be a form of regulation for drinking and driving. A legislation should be passed for the interest of the public. It should be targeting all aspects in the criminal field that require attention and regulation. The .08 Per Se Law is doing exactly what it is supposed to be doing. The general public is often put at risk when it comes to the case of drinking and driving; therefore, the .08 Per Se Law is inevitable. The Law is simply enacted to protect and ensure the safety of the public. People who argue that the .08 Per Se Law places a great amount of unnecessary pressure upon the police departments, courts, and jails are clearly unfamiliar with the criminal justice process. As mentioned previously, BAC levels and impairment vary …show more content…

The .08 Per Se Law is useful in reducing the number of fatalities and injuries; however, it is definitely not strong enough to eliminate the source of the problem. It is definitely a great starting point. Perhaps implementation of the zero tolerance legislation would be a more efficient means in eliminating the problems. Each day, the news feed its audience the unthinkable, usually a series of tragic auto incidents that resulted in deaths or severe injuries. The audience is rarely exposed to news coverage that involve minor to no injuries. To many people who have not had a personal encounter with drunk drivers, the issue may not hit as hard as people who have had an encounter. Drinking and driving occurs way too frequently and without proper legislations regulating the issue, the general public suffers from the consequences of one’s negligent and selfish act: to drink and drive. The .08 Per Se Law raises a number of questions and arguments, particularly focusing on its effectiveness and purposes. Questions and arguments include whether the policy criminalizes the act of social drinking, whether the policy targets the real problem, the effects the policy has on the criminal justice system and the economy, and lastly, whether the policy saves lives. In conclusion, the policy

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