The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Wednesday, August 3, 1994              TAG: 9408030007
SECTION: FRONT                    PAGE: A12  EDITION: FINAL 
TYPE: Letter 
                                             LENGTH: Short :   35 lines

PUNISH DRUNKEN DRIVING BY DEGREES

Drunken drivers should be punished according to the severity of their acts. I do not believe that state laws achieve that.

While the blood-alcohol content constituting intoxication has been lowered, the question is who it punishes. Certainly not the driver who polishes off a fifth of whiskey before hitting the road, endangering himself and every other person in his path. This irresponsible driver, the source of most drunken-driving damage, was legally drunk 20 years ago.

The new laws punish the social drinker who, after enjoying a couple of cocktails with friends or wine with dinner, has joined the weaving drunk in the criminal ranks. Emotion rather than logic has taken over.

Murder, assault, theft and traffic crimes are punished according to their severity. If they were handled like drunken driving, speeding at 5 miles over the limit would draw the same penalty as speeding 50 miles over the limit. The courts have more sense than this, so they tailor the penalty to the crime. Why can't the same apply to drunken driving?

Intoxication could be graded at .08 for first degree, .11 for second, .14 for third. Penalties could fit the severity of the crime. What we have now is a knee-jerk reaction by the General Assembly to an understandably loud complaint by the voters. Drunken driving must be controlled by our heads, not our hearts.

LOUIS DRAKE

Norfolk, July 29, 1994 by CNB