Earlier this year, Utah won acclaim for having the sharpest reduction in drunken driving-related deaths in the nation.
In 2005, the number of DUI-related fatalities was down almost 50 percent, from 72 in 2004 to just 37. DUI arrests also went up 3 percent in the same time period, showing that Utah is doing something about drunken driving.
However, that is small comfort for the families of those killed or injured by drunken drivers. On Christmas Eve, a drunken driver struck a Cedar Hills family's car in Murray. Cheryl Ceran, her 15-year-old son Ian and 7-year-old daughter Julianna were killed in the crash while Gary Ceran, his 12-year-old son Caleb, and 18-year-old daughter Clarissa, were injured.
The driver who hit them, Carlos Prieto, is expected to be charged with vehicular homicide and misdemeanor counts of driving under the influence, driving without a license and running a red light. Charging documents said Prieto had two prior DUIs on his record before this incident.
The accident is tragic, especially since it happened during the holidays. Unfortunately, such accidents never can be completely eliminated. As long as people have access to alcohol, there will always be those who will get behind the wheel when they're intoxicated. But the state can take steps to deal with those who do, both to reduce the problem and make others think twice before drinking and driving.
Through the years, Utah has toughened its DUI laws to make the roads safer. The state has made it harder for drunken drivers to plea-bargain their way out of DUI charges and has allowed felony charges to be filed for a third DUI conviction within 10 years. Utah also suspends a drunken driver's license for 90 days on first offenses and a year for subsequent offenses.
What more can the state dofi
When the Legislature reconvenes next month, lawmakers will consider allowing prosecutors to file felony DUI charges on the third arrest in 10 years rather than the third conviction. That change was recommended by prosecutors because court delays were pushing some third convictions beyond the 10-year window, thereby eliminating what would have been a felony charge.
But waiting for a third arrest may not be the best idea, either. Essentially, that says a drunken driver has two chances to kill somebody before getting into real trouble.
The Legislature should make a second DUI charge a felony. That would send a stronger message and perhaps get habitual offenders off the road sooner.
Blood-alcohol levels ought to be reconsidered. Like many other states, Utah uses a 0.08 percent BAC to define legal intoxication. A professional driver is deemed drunk at 0.04 percent, so why should a driver with less training be allowed to drink twice as much before being declared intoxicatedfi
Unlike past "not-a-drop" measures, a 0.04 BAC would not turn the social drinker who enjoys a glass of wine with dinner into a criminal. The average-sized person would need to drink about 2.5 glasses of wine in one hour to hit that level.
But enforcement is only one half the equation. Treatment must be a factor. Drunken driving does not merely reflect a lapse in judgment; it may be a symptom of alcoholism. Currently, judges must order offenders into screening or educational programs, but treatment is not mandatory until the third offense unless the offender's BAC is twice the state's legal limit. Such loose monitoring throws public safety out the window.
We think the state should consider setting up DUI courts on the same model as drug courts. In drug courts, offenders are given the option of going into treatment in lieu of jail. With the threat of jail time hanging over their heads, many addicts decide to clean up their lives.
The same could work with drunken drivers. By treating an alcohol problem early, the number of repeat DUI offenses would diminish. Of course, if someone does not recognize he has a problem, he cannot be successfully treated. But we think the prospect of jail might improve self-awareness.
Further improvements to Utah's drunken driving statutes are needed. The Legislature will soon have a chance to address this important safety issue.
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What do you thinkfi
What else can Utah do to reduce drunken drivingfi Send your comments to dhpolls@heraldextra.com or call 344-2942. Please leave your name, hometown and phone number with your comments. E-mail comments should not exceed 100 words; voice-mail comments should be no longer than 30 seconds. Anonymous and unverifiable responses will not be published.
The Daily Herald will publish comments on Jan. 7.
This story appeared in The Daily Herald on page A6.
Posted in Editorial on Thursday, December 28, 2006 11:00 pm
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