Jackson Sun Editorial: July 17, 2007

Adopt the proposed reforms to DUI law

When the Tennessee General Assembly reconvenes in January, one of lawmakers' first priorities should be fixing flaws in Tennessee's DUI laws. Specifically, they should adopt the recommendations put forth by the Governor's Task Force on DUI.

The task force, which is comprised of judicial and law enforcement officials, as well as citizen activists, was created in March 2006 to fix flaws in Tennessee's existing DUI laws. Under existing law, starting with a person's fourth DUI arrest, and for subsequent DUIs, the minimum punishment is a sentence of 365 days, with a minimum of 150 days served, a five-year license revocation and a fine.

Among the task force's recommendations is increasing opportunities and funding for drug and alcohol treatment. Another proposed measure would allow administrative license revocation. That would allow officers to seize a suspected drunken driver's license upon arrest instead of waiting for the state to act following a conviction.

The problems with Tennessee's existing law are glaringly obvious.

First, it doesn't kick in soon enough. The punishment for repeat DUIs is significant. But it doesn't kick in until a driver has been arrested three times for DUI.

Second, it focuses on the wrong aspect of the problem: punishment. This isn't to say that repeat offenders don't need to be punished, especially if loss of life is involved. But the truth is, taking a drunk's license away won't keep him or her from driving. Nor will technology, such as an ignition interlock, solve the problem completely. It's far too easy to get someone else to start the car, or to drive someone else's.

The governor's task force has the right idea. To really address the problem in a meaningful and permanent way, treatment is the right answer. This isn't to say that first-time offenders should be forced into treatment. But for repeat offenders, treatment shouldn't be an option. It should be the law.

It shouldn't matter how many times it takes before treatment sticks. Treatment should always be the first response when a person is pulled over and arrested for DUI. Treating the problem, not just punishing the offender, not only keeps Tennessee roads safer in the long run, but it also could save the driver's life.That's a worthwhile goal.