In California, the Alcoholic Beverage Control Act sets aside a distinct class of California citizens, and specifically prohibits and prevents this particular group from purchasing or consuming alcoholic beverages. This distinct group, which is almost uniformly defined throughout the code as "Person(s) under the age of 21 years," is denied access to alcoholic beverages based upon the presumption that they are too immature and irresponsible to consume alcohol, and that when under the influence, they may present a danger to themselves or others.
Ironically, another class of California citizens is granted unlimited access to purchase and consume alcoholic beverages, though they have proven themselves to be immature, irresponsible and an absolute danger to themselves and others. Driving under the influence offenders should be restricted from purchasing or consuming alcoholic beverages in the state of California.
Enacting such a restriction would be relatively simple, as the enforcement mechanisms are already in place. Upon conviction of a DUI offense, the courts would require an offender to surrender any California driver's license or state I.D., and would apply an alcohol restriction (1, 3, 5 years, etc., as appropriate) to the offender through the Department of Motor Vehicles. When an offender receives his/her replacement driver's license or ID card, it would clearly state "Alcohol Restricted" on the card.
Sellers would need to verify the I.D. of every person who purchases alcohol. Alcohol-restricted individuals would not be admitted into bars (exactly as 18-, 19- and 20-year old adult individuals are currently prohibited). The Alcoholic Beverage Control Act would be amended to add this class of restricted persons, as appropriate throughout the code, making it unlawful to sell or otherwise provide alcohol to such persons. Alcohol restrictions could also be applied to those who are convicted of providing alcohol to such restricted persons (including those who provide alcohol to minors).
Suspending or revoking a convicted DUI offender's driver's license seems a painful and harsh penalty, but many continue to drive on suspended and revoked licenses. Although it is very risky and highly illegal to do so, people have to work and so they justify driving without a license.
DUI offenders should be punished, but their punishment should be effective. Driving is an indisputable factor in the driving while intoxicated equation, but it is obviously not the sole cause of the problem. Drinking alcohol is a tremendous factor in this equation, and for people who cannot drink responsibly, it is arguably the greater factor (as alcohol impairs their judgment).
With respect to DUI convictions, there is no legitimate legal, logical, moral or ethical reason to restrict the driving privilege yet leave the alcohol consumption privilege unabated.
Restricting alcohol sales to DUI offenders will not stop alcoholics, or others who are sufficiently motivated, from obtaining alcohol (any more than the existing laws stop all those under 21 from obtaining it). However, enacting this type of restriction will make it more difficult for these offenders to obtain alcohol. It will also reduce the number and type of occasions on which DUI offenders find themselves driving drunk, and it will provide additional motivation for people who choose to drink to do so responsibly.
Jeff Morell is a resident of Murrieta.
Posted in Commentary on Tuesday, November 3, 2009 12:05 am Updated: 4:30 pm. | Tags: Community Forum, Nct, Opinion
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