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Is the DUI System Broken?

April 24, 2019 | Category: DUI

A 28-year-old Florida man was driving under the influence (DUI) and charged with the deaths of two people in September 2018. The driver, causing the crash, was driving with a suspended license from a previous DUI crash, which resulted in a death, according to

Is the DUI System Broken? Spivey LawThe National Highway Traffic Safety Administration (NHTSA) studied driving while intoxicated (DWI) arrests and recidivism from 40 states, covering the period April to October 2012. Under the category of arrests, DWI recidivism ranged from 11 percent to 41 percent. Florida had a 26 percent recidivism rate for the study period.

“It is clearly evident that our system is broken when someone can get arrested for driving while intoxicated (DUI) not once, but twice in three months and still be on the streets wreaking havoc. We demand to know how this could happen, and we ask all Americans to demand more from our courts, our laws, and our society. It’s time to treat this crime like the violent offense it is,” said MADD National President Helen Witty, following a March bus crash.

The NHTSA concluded that the prevalence of DWI recidivism is important to consider because it can improve the allocation of resources expended to reduce DWI. “If only a small number of DWIs are responsible for a relatively large percentage of impaired driving trips and crashes, then, from a policy and programmatic perspective, one would like to devote considerable effort implementing specific deterrent programs targeting these repeat offenders,” said the NHTSA.

In November 2018, ABC News Tampa reported that Florida has loopholes in its DUI laws which allow arrested DUI drivers to get behind the wheel “again and again.” ABC investigative reporter Paul LaGrone discovered that buried in the DUI ticket’s fine print is a clause that lets drivers who were just arrested to keep driving. Mr. LaGrone says the citation actually serves as a temporary driver’s license for 10 days.

“NHTSA reported there was an alcohol-impaired traffic fatality every 48 minutes in 2017. DUI accidents are preventable. Should you or a loved one be injured in a DUI accident, please contact our experienced legal team. We are available 24/7, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Fort Myers DUI Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.



Fort Myers DUI Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Visit for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, Charlotte County at 941.764.7748 and Collier County 239.793.7748.





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