I don’t understand how any kind of motor vehicle offense could be considered a “felony” unless the defendant has the right to a jury trial.
Well the issue is not whether it should be considered a felony but whether or not anything in the Constitution prevents it from being a felony. What in the Constitution is violated by making this a felony?
I don’t think DUI should itself be illegal. Breaking a traffic law or getting in an accident is all that should be charged. If the drunk kills someone, then charge them with manslaughter. Cops can’t pull you over for because you don’t have a seatbelt on. The seatbelt infraction is tacked on if your stopped for a real moving violation. The same should apply to DUI. It should be tacked on in ADDITION to whatever other violation you committed.
Traditionally, a felony is defined as an offense punishable by longer than one year imprisonment. The Constitution guarantees a right to a jury trial for all offenses punishable by more than six months in prison.
Oh you can run it to a jury trial, the thing is [at least Ky] that the statutes have been fine tuned to the point of un-opposable legalise being the rule...
Stop off at a pizza joint on yer way home today and split a pie and a pitcher o beer with a friend...are you 'legal' when you leave ???
The first thing that the mandated 'alcohol classes' will focus on is that since you got a DUI you must be alcoholic...then focus on the fact that 'rational judgement' is the first section of the brain togo south upon intake of alcohol... next they tell you 'You shoulda known better' and gotten out a slide rule to determine your BAC before leaving the resturant...
Driving 'drunk' is dangerous...so is driving while p!ssed off, putting on make-up, talking [on a phone, two-way, or otherwise], eating [donuts included], having sex, reading, ... only one of those is illegal to the tune of thousands of $$$ and years of punishment...
Power and money is all there is to it...
LFOD...