DUI SPECIAL: Drink drivers need a short, sharp, shock

FRIDAY, AUGUST 24: Counting from the beginning of this year, with 204 court cases involving Driving Whilst Impaired [DWI], and with two recent serious accidents involving allegations of DWI; it appears that not much progress has been made in reducing this behaviour.

Until now, the national approach has been to increase the punishments. The standard punishment for a conviction of DWI is now a fine between $800 - $1,000 and an automatic disqualification from driving all vehicles for 12 months. However, this time off the road can be reduced by attending remedial classes.

I believe that there is a better way. A way far more likely to radically change the behaviour of all persons who are, or who might be inclined to drink, and then take a chance on driving.

Most people who take this silly risk are ordinary citizens whose judgement has been clouded by ‘one drink too many’. Fixing the problem requires them to ‘pre-think’ the decision to take that one too many and then take the risk of driving.

Just as the drink driver places everybody else at extra risk by his or her action, the solution lies in making his punishment affect everybody else so that everybody else — and not just the Magistrate sitting on his high bench — applies sanctions.

Here’s how. The drink driver  is stopped normally by police. All other actions follow as now. He gets hauled off to the station, gets breathalyzed or refuses. Now add the ‘affecting everybody else factor’. The car or bike that he was driving is immediately impounded and is also taken off to a police vehicle holding compound. So both the driver and the vehicle are immediately ‘taken off the road’.

The drink driver is put before a Magistrate after 48 hours has elapsed. Twenty- four hours of sober-up time should elapse before he is formally charged. Then another 24 hours is allowed for him to organize a legal defence. Then he appears before the Magistrate and pleads.

If the plea is guilty, then the Magistrate awards the current fine and disqualification; and allows the release of the car or bike from the police compound — once the fine and appropriate paperwork is completed and the impound costs ($200 towing fee? + $100 per day storage and care fee? + $200 administrative costs?) have been paid.

Doing this means that a husband will have a viciously wrathful wife and a deeply inconvenienced family to face when his wife finally turns up in the family car — which she has not had access to for at least two days —  and after she has paid $600 to get the family car out of the Police compound.

If a Not Guilty plea is entered, then trial takes place around 48 hours after that plea has been entered on a Tuesday, Wednesday, or Thursday evening. This trial happens in the evening before a specially appointed Magistrate who deals solely with DWI cases. [This can be a retired Magistrate who is appointed to do this on a regular but part-time basis].

Again, the car or bike remains impounded until after final trial.  The driver remains in custody — after all he or she is unsafe on the roads, and since they are innocent until proven guilty, they could get back into the car and drive again. The person could do this before we know — after trial — whether they are safe and sensible drivers. So arrest both the vehicle and the driver and keep both off the road until guilt or innocence is properly and finally established.

This action will have maximal impact on the driver and all those in his or her immediate circle. It is a short, sharp, immediate shock to everybody. Everybody who is so affected will then place great and continuing pressure on the person who initiated the overall inconvenience.

A flaw? The 19 year-old male who has permission to use the family car to take his 15-year-old sister and her friends out to a party? What happens when the car is impounded and the girls still have to get home?

Working with CADA, the Police can have a roster of DNA’ed, fingerprinted, photo’ed, Police-checked drivers, who agree to immediately come out at any time of the night or day to provide guaranteed safe ‘getting home’ transport to any passengers stranded by this action. Charge a one-time fee of $100 for this guaranteed safe home delivery service.

Who pays? When convicted, the Magistrate orders the drink driver  to pay this ‘safe home delivery’ cost.

Would this work? It would. Just as the drink-driver  suddenly creates and spreads a very high risk; this process suddenly creates and spreads the impact of his actions to others who will — ever after — have a strong and personal interest in seeing that he or she never drinks and drives again. For a long time after, the convicted person will face the wrath, distrust, and wariness of friends and family.

Commercial vehicles? Same process. Sure the business will be hit. Sure the person will likely lose his job. But remember, somebody else might have lost their life.

What do you think? We want to know your views on drink driving and how it can be deterred. We plan to run follow-up stories in the weeks ahead. E-mail feedback to editor Tony McWilliam: [email protected].