The slickest way I have seen refusals criminalized is in Minnesota. They simply provide that the crime of DWI can be committed in one of three manners: loss of normal use, BAC of 0.08 or above, or refuse to submit to a lawful request for a sample.

As you might imagine, their refusal rate is about 9%.

Where is the "Like" button on this website? *ponder* Minnesota law = like!

I like the following suggestions:

1. First offense dwi is eligible for deferred, with the condition that it can be used for enhancement of subsequent offenses with no time limit.

2. BTR is a Class B misdemeanor.

3. Intox Assault goes up to a second, and intox manslaughter goes up to a first. What Jane says is right, and the same is true about Intox manslaughter as well. Some of the losses are horrific and twenty years does not make allowances for those horrific losses.

How about making DWI 1st deferred-eligible, but making a refusal conviction-only?

I REALLY like the idea that a DWI 1st is eligible for deferred ONLY if the defendant submitted a sample. Also, it would be important that the DWI 1st Deferred be available for use in a subsequent prosecution.

Greg, I thought this thread is for dreaming. If we are dreaming, why would we lower our dream from a very useful bill that treats Breath Test Refusals the same as a DWI to making it just another Class B misd.?

Here's my dream bill:

1) BTR is third way to prove DWI.
2) Def'd for 1st offense DWI, but can be used to enhance.
3) BTR is treated the same as blowing a .15 for punishment purposes.
4) Repeal the state fees for DWI.
5) Either party can show the A&M video.
6) Make Intox. Manslaughter a 1st deg. fel. and Intox. Assault a 2nd.

An added benefit of showing the A&M Video is that it would be a way of educating the public--one jury at a time--on the dangers of drinking and driving. Most people think that someone at BAC 0.08 is just on the cusp of intoxication. The video shows that all people have no business driving when they are at 0.04.

Good points, Terry, and in agreement on the BTR presumption and the wonderful A&M video.

quote:

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Originally posted by Gretchen:
How about making DWI 1st deferred-eligible, but making a refusal conviction-only?

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I like this too.

quote:

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Originally posted by Gretchen:
How about making DWI 1st deferred-eligible, but making a refusal conviction-only?

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That's the direction HB 2432 (81st Reg. Session) was headed last session had it not died in the House for lack of support/momentum.

FWIW, more prosecutors have indicated their support of said bill on this user forum than ever appeared at the Capitol to support that bill (which was originally proposed by the Tarrant Co. CDA's office). If that was reversed, the bill might have a better chance next session ...