What more can NC legislators do to strengthen DWI laws?

I remember working on the highways and roadways of Apex as a law enforcement officer looking for every drunk driver I could. I wanted to protect those motorists who obeyed North Carolina motor vehicle laws. I wanted to prevent serious bodily injuries and fatalities as often as I could. That is what I did for 20 years. In the 20 years I served this community, I only lost two DWI trials. I am proud of that record.

In North Carolina, if a person is 21 years old or older provides a sample of a .08 or higher, they are arrested for DWI. If a person is under the age of 21 and they provide a sample that is anything above a .00, they will charge with provisional DWI. And if a person holding a CDL provides a sample of .04 or higher, they will be charged with DWI.

I’m still friends with several members of the law enforcement community, and a trooper with the North Carolina State Highway told me that an officer never forgets their first fatality investigation. He was right. On Thursday, Sept. 21, 2004, at 11:21 in the morning, I received a call regarding a motor vehicle crash. Upon arriving, I witnessed a dump truck down an embankment and, next to it, a minivan.

When one thinks of a minivan, they should think, “There are children in that van.” The driver of the dump truck was a state employee and had been drinking the night before, and early that morning, with his passenger, another state employee. The driver of the minivan, a female, had two young children in the van. The mother was dying before my eyes. Her children were with good Samaritans who had stopped to assist before my arrival. The driver of the dump truck had a blood alcohol content (BAC) of a .19. Remember; this collision occurred before noon that day.

The trial was held approximately 10 months later, with the driver being found guilty of Second Degree Murder. A fellow Needham Broughton High School alum, then-Assistant District Attorney Ned Mangum, who now is the chief district court judge in Wake County, fought ferociously to get the jury to reach a guilty verdict. They came back less than an hour later and unanimously found the defendant…GUILTY! The defendant received a sentence of 10 to 13 years in prison.

Fast forward to the present day. Just a few weeks ago, NHL great, Johnny Goudreau; and his younger brother, Matthew, were cycling in New Jersey while visiting their family. Both brothers died at the hands of a drunk driver. Their sister was to be married the next day. I remember watching Johnny play for the Columbus Blue Jackets when they came to Raleigh to play our team, the Carolina Hurricanes.

These two families lost a mother, a wife, a daughter, two brothers, and two sons.

According to the National Highway Safety Administration, “Every day, about 37 people in the United States die in drunk-driving crashes — that’s one person every 39 minutes.”

I learned in DWI detection training that the average DWI offender commits this offense 80 times a year!

During my 20 years as a law enforcement officer, I felt that the DWI laws in North Carolina were strict; and that was a good thing. I look back now after being off the road for some eight years now and wonder, “Are North Carolina’s DWI outdated?” As of now, our state has five levels for ADAs to prosecute, and for judges to rule within the guidelines of that law:

• Level 5: is the most common sentence for a first-time offender with no aggravating factors. This level includes a fine of up to $200 and a jail sentence of 24–60 days;
• Level 4: this level is imposed if there are equal mitigating and aggravating factors. This level includes a fine of up to $500 and a jail sentence of up to 120 days;
• Level 3: This level is imposed if there are more aggravating than mitigating factors. This level includes a fine of up to $1,000 and a jail sentence of up to 180 days;
• Level 2: This level includes a fine of up to $2,000 and a jail sentence of 7 days to 12 months;
• Level 1: This level is the most severe charge and includes a fine of up to $4,000 and a jail sentence of 30 days to 2 years. Depending on the severity of the DWI, the law ranges from a misdemeanor to a felony. If the DWI offender agrees to submit a sample of their breath, they automatically lose their driver’s license for 30 days. If they refuse, they lose it for one year.

So how does the North Carolina legislature impose more serious penalties for DWI offenders? One suggestion would be to raise the time that one loses their license from 30 to 60 days if they submit to a breath test and for those who refuse, extend the suspension to 18 months.

Also, if the DWI offender commits this offense for the first time and provides a sample that reaches the legal limit, they should have an “ignition interlock device” installed in their vehicle. For now, the only way one will be required to have this device installed in their vehicle is if they provide a breath sample that reads a .15 or higher, have multiple offenses of DWI in a seven-year period, and/or refuse to provide a breath sample. This instrument is used to see if the the DWI offender is sober enough to start their vehicle.

I can tell you from experience, and so could many of the current and former law enforcement officers in the state of North Carolina, that it is not the ADAs, it is not the judges, it is certainly not the defense attorneys, and it is not the legislators here in North Carolina that have to give one of the worst “visits” to a family member’s home one can imagine… a death notification. You will forever be a changed person once you give your first. Especially, if it is not your last.

So, I ask our great legislators here in North Carolina, “What more can you do to protect me, my family, the millions of families in North Carolina, and yes, YOUR families?”