Individuals in Birmingham, Woodlawn, Titusville and surrounding areas who are convicted of drunk driving face many lasting consequences. A conviction results in more expensive auto insurance and may restrict employment opportunities. Despite the fact that penalties are already very serious, lawmakers who want to appear "tough on crime" are continually looking for more ways to deter repeat offenses.
Recently, Fox News reported on a plan in one state to ban drunk drivers from buying or consuming alcohol. The constitutionality and effectiveness of the proposed plan is already being challenged by some, but it is one more example of how lawmakers aggressively come after drunk drivers. To avoid having your rights curtailed after DUI in Alabama, you need to do everything possible to avoid conviction.
Could States Ban The Purchase and Consumption of Alcohol After a DUI?
An Oklahoma senator has proposed a bill that would permit judges in drunk driving cases to impose and enforce alcohol restrictions on anyone who has been charged with impaired driving. Senate Bill 30 asks the department to develop a specific procedure that would require a DUI offender to abstain from the consumption of alcohol for a period of time. The bill does not specify how long a person would need to refrain from drinking, as this question would be left to the judge's discretion.
To prevent the purchase of alcohol, offenders would be forced to order a replacement identification card to use instead of their standard photo identification. The new replacement ID would have the words "Alcohol Restricted" printed on its front in order to alert clerks that alcohol is not to be sold to the individual. The offender would be required by law to carry the card with him throughout the time that he was on probation and restricted from purchasing alcohol.
Anyone who attempted to circumvent the law and buy alcohol for a DUI offender would also be charged with a crime. A person who is caught buying alcohol for someone that he or she knows is alcohol restricted would be charged with a felony. The potential penalties would include up to one year of incarceration as well as fines of up to $1,000.
Naturally, this proposal is raising many concerns. The consumption of alcohol has never been made illegal once someone has reached age 21. Further, there are many scenarios in which someone could be served a small amount of alcohol and these scenarios are not accounted for. A person who takes communion, for example, might be restricted from doing so because communion involves drinking wine. Alcohol is also served in food in restaurants.
Because of the myriad potential constitutional problems and the difficulties of enforcement, this proposed law may never come to pass. If it does, this would be a major imposition on the rights of offenders who already face life-changing penalties.
Contact Barclay Law at 866-584-1023 or visit https://www.jmbarclaylaw.com to schedule a consultation with a criminal defense lawyer in Birmingham. Serving South Side, Titusville, Red Mountain, Woodlawn, Ensley and surrounding areas.