Prior to the end of the legislative session, a state Senate
committee failed to pass a proposal to make repeat DUI offenders a felony in
Colorado. The bill proposed that anyone
who receives a third DUI in a seven year span, or is charged with a fourth DUI
would be charged with a class 4 felony.
The bills’ sponsors, Senators Steve King R-Grand Junction and Mike
Johnston D-Denver, stressed that this is an important public safety issue, “I
can’t see any reason for us to not stand up for basic public safety here, we
keep a law on the books that says if you have eight or nine DUIs, you can still
walk after a short stint in jail. I’m
not sure most Coloradans think this is a reasonable solution for a continuous
problem.”
The bill had drawn more attention after a repeat DUI offender was caught earlier this year trying to drive away from an accident where a 17 year old was killed. His blood alcohol limit was approximately four times the legal limit.
The NHTSA estimates
that one third of first time convicted drunk drivers repeat their offenses. Only four states do not have felony DUI laws
according to MADD: Colorado, Maryland, Maine, and Pennsylvania. In 2009, the Denver Post investigated the numbers
behind repeat offenders and found that approximately 10,000 drunk drivers are
stopped for DUI again.
The House sponsor of
the bill, Mark Waller states, “It’s not that we believe motorists with severe
drinking problems who have proven their indifference to the safety of others
necessarily pay a lot of attention to potential sanctions. But they’re not oblivious to punishment,
either. And as Waller notes, having a
felony on your record is a definite deterrent.
Supporters of the bill have voiced their frustration and
disappointment that the legislation did not pass. Many are victims of DUI related accidents,
such as Ellie Phipps Oliver who said, “People are dying on our roads all the
time. Don’t get me wrong – I am all for
rehabilitation and believe that people make mistakes, but these people are
drinking and driving, over and over again.”
Oliver was seriously injured in 2011 by someone who was charged with
DUI, and had been charged four times previously.
Those who voted against the bill cited that it was
appropriations related, the cost of implementing the bill is not available in
the budget. While this may be true, what
is the cost of not passing this legislation to society as a whole?
If you have been injured in an auto accident, you need to
speak to an experienced attorney as soon as possible. Contact The Law Office of Robert Paysinger, P.C. at
303-279-0221 or visit www.paysingerlaw.com to set up a free consultation today!
