[P-Marlowe]

It seems to me that what you are suggesting is that we ignore the alcohol content in a driver's blood and prosecute only on how erratic they were driving before they crossed the center divider and ran head on into a honda civic full of teenageres on their way to the prom.

If the driver had a .01 BAC but was driving "carefully" and just suddenly lost control of the car, you would not punish him as much as you would a sober guy who was driving 15 miles per hour over the speed limit when his front tire blew out and he lost control of the car and crossed the center divider and plowed into that same car.

Have I got it right?

BTW how many DUI's have you had?

[P-Marlowe]

Make that a .10

[Sandy]

It seems to me that what you are suggesting is that we ignore the alcohol content in a driver's blood and prosecute only on how erratic they were driving before they crossed the center divider and ran head on into a honda civic full of teenageres on their way to the prom.

That's about right.

[Sandy]

BTW how many DUI's have you had?

None. I'm not a drinker. I can't remember the last time I had a drink; New Years Eve 2 years ago, I think.

[Sandy]

If the driver had a .1 BAC but was driving "carefully" and just suddenly lost control of the car, you would not punish him as much as you would a sober guy who was driving 15 miles per hour over the speed limit when his front tire blew out and he lost control of the car and crossed the center divider and plowed into that same car. Have I got it right?

No. I think I'd put tire blowout in the same category as heart attack or stroke--a mitigating factor--unless it could be proved that the driver should have known that his tires were a danger beforehand.