There is a movement that is spreading across the country. It is an attempt to classify drunk drivers into defined alcohol levels, or tiers of impairment.

The logic behind the laws is that the higher the persons body alcohol content, the more likely they are to cause an accident or injury.

“It’s difficult for law makers to set penalty schemes that apply to every person in every situation,” explained Seattle DUI lawyer Aaron Wolff. “One person may be falling down drunk at a .10, while another may seem highly functional at double that.”

Since it is impossible to measure impairment on a general or universal level, states have begun setting limits that seem arbitrary, and assigning greater and greater penalties.

Take Arizona for example. For a first offense, the law imposes a mandatory minimum penalty depending on alcohol level. In Arizona DUI Law, a person can expect:

* A minimum of 1 day in jail if their alcohol level is below a .150.
* A minimum of 30 days in jail if their alcohol level is between .150 and .199.
* A minimum of 45 days in jail if their alcohol level is a .200 or higher.

The problem with this kind of penalty scheme is the vast gulf between somebody who is at a .149 and somebody at a .150. For this reason, prosecutors have the ability, but not the obligation, to plea bargain the charge down.

In Arizona, a person with a second offense and an alcohol level of .200 or greater is exposed to a 180 day jail sentence, from which a judge may not deviate.

Contrast that to the Missouri DWI penalties, and you will see a vast difference between states.

Why is it that in one state you might do 5 days in jail for the same exact act that in another state will net you 180 days in jail? The trend nationally is an increase in penalties, so it may be just a matter of time before other states catch up to Arizona, but until it does, people charged in the more punitive states will feel singled out and repressed. They may even experience a profound sense of injustice.

For practicing lawyers, it is a mixed bag when a state increases the penalties. On the one hand, the tougher the penalties the more important it is for people accused of drunk driving to have quality legal representation. The more people need DWI lawyers, the more stable business is. On the other hand, it is tough to fight like heck for a client and know that if you are successful as a DUI lawyer in that client’s case, they may “only” have to serve 15 days in jail.

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