Dangers
of DWI: Penalties to increase for drunk drivers
Paragould Daily Press - Thursday, October 30, 2003 12:00
AM CST
PARAGOULD -- Beginning Saturday morning, those in Paragould
and Greene County who are caught driving while intoxicated
will be facing stricter penalties in Greene County District
Court.
According to District Judge Daniel Stidham, the number of
DWI cases in Greene County has risen dramatically over the
last year. The judge said that one reason behind the increase
is that Paragould and Greene County continue to experience
a tremendous growth in population.
He also attributed the increase to the blood alcohol limit
being changed by the Arkansas Legislature from .10 to .08.
Stidham said that the city of Paragould participates in
the STEP program which means that there is more DWI enforcement
on the streets.
"In fact, one officer does nothing but DWI enforcement," Stidham
said.
The city of Paragould has hired about 12
new police officers, according to Stidham, "which
means there are 12 more ticket books out there, and we
are doing better at actually
catching DWI offenders. The city of Oak Grove has its own
officer now. So in addition to city, county and state police
officers, we have the Oak Grove officer, and because of that,
we are seeing a pretty dramatic increase in first-offense
DWI cases."
Stidham said that, while DWI cases have doubled within the
year, traffic cases have doubled as well.
"The reason you have is because you now have 12 police
officers on the street. It is almost like the Paragould Police
Department has doubled their strength," Stidham said.
Stidham feels that, due of these factors and based upon
discussion he has had, there needed to be a change in how
these offenders are penalized.
"In discussions I have had with city
attorney Randy Philhours, members of the Bar Association
and law enforcement,
and the public defenders office, we decided we needed to
look at what our standard DWI dispositions were in district
court and compare that to what a jury in Greene County does
on a DWI case."
Stidham said that very few cases are ever appealed to Circuit
Court, but when they are, juries have been quite harsh in
dealing with DWI defendants.
"I would check with other judges around the state and
kind of get a feel for what their standard sentencing looked
like, and what we have decided to do is change things ...
Beginning Nov. 1, people who get arrested for DWI in Greene
County will be facing stiffer penalties if they are convicted," Stidham
stressed.
In the past, the standard disposition for a DWI has been
30 days in jail with 29 of those days suspended.
"You could do 24 hours of public service work in lieu
of the 24 hours you would spend in jail," he added.
But beginning Saturday, public service work will no longer
replace the jail term. People who are found guilty of, or
plead guilty to, first-offense DWI will be spending at least
the first 24 hours of their 30-day sentence in jail.
If they fail to complete the other terms of their suspended
jail sentence, then they will have to serve the other 29
days in jail.
"Another part of the standard disposition will be 40
hours of public service work which is to be completed within
90 days of their sentence," Stidham said. "The
minimum fine has been raised to $800. The DWI school, victim
impact panel and counseling will stay the way it has been."
State law requires that each person convicted of DWI go
through the state sanctioned DWI school.
"I felt that when I took office, we needed a little
more," Stidham said. "This is certainly not a criticism
of DWI school, but I felt like we need something, so I asked
the probation office to come up with a alcohol training seminar
that sort of added a little more to the package and made
people understand just how serious a crime DWI really is."
Public service work is done through the probation office.
"It's done through places around the town, and the
workers are placed where there is the most need," Stidham
said. "We are always needing places for people to do
public service work. We always have people do public service
at the Loose Caboose festival. We are always looking for
new avenues for this."
Victim impact panel is conducted by Jimmie Taylor, of Bay,
whose daughter was killed by a drunk driver, who also happened
to be an off-duty police officer.
"She has a picture of her daughter there, and she has
a program that she puts on, and you are literally in tears
by the time this is over. If you are not moved by this, there
must be something wrong with you," Stidham said.
The judge stressed, "It had a tremendous
impact on me, and this is why I continue to send people
to it. It really
has a chilling effect. It's a sad and horrible story, but
people need to know that, when they drink alcohol and get
behind the wheel of the car, there is a lot more to it than
the possibility of going to jail."
Stidham said that a drunk driver can take someone's life
away.
"When this happens, they face felony manslaughter or
vehicular homicide." he said. "It's a lot more
serious than DWI."
With second-offense DWI, the statutory minimum has been
seven days in jail, but will be increased to 30 days.
On a third-offense DWI, the jail sentence will increase
from six months to nine months jail time.
"Third-offense DWI's are pretty rare," Stidham
said. "I can probably count the number of these I have
seen during my tenure on both hands."
Stidham hopes that these new penalties for DWI will help
deter anyone who has had a few too-many drinks from getting
behind the wheel.
"I want people to realize we are not going to tolerate
this," Stidham said.
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