SAO presents new DUI policy

MIAMI (WSVN) -- A change involving first-time DUI offenders is stirring up controversy.

On Monday morning, DUI defense attorneys were given a letter about the change at the Miami-Dade County Courthouse.

The letter stated the way the State Attorney's Office prosecutes DUIs will soon change. First-time DUI offenders will have the option to accept a reckless driving charge on the following conditions: they must go through a program, pay a fine and accept supervision. "Too many DUI defendants today are walking with a frown as they head into court through the front door and smiling as they walk out the back door because their cases are getting tossed," said Ed Griffith of the Miami-Dade State Attorney's Office.

The new rule does not apply if the DUI driver involved crashes the vehicle, is a repeat offender or has children in the car at the time of the DUI.

Some attorneys had questions about the change. "Is there a brochure or set of instructions?" one attorney asked.

A woman responded, "This is the preliminary [information] on it. We're definitely going to have more information."

Attorneys and activists have mixed feelings about the new policy. Criminal Defense Attorney Richard Hersch has advocated the new rule for quite some time. According to Hersch, the change addresses what could be a more serious issue. "There's a large segment of DUI arrestees who may go through the system and not receive treatment or monitoring for what may be an alcohol problem," he said.

However, others believe the new rule sends the wrong message. Attorney Justin Beckman said, "There will be no way to assess the long-term effects of this kind of change, but certainly, there are people who will be getting a second chance."

Mothers Against Drunk Driving said it cannot endorse the policy but hopes certain requirements will be enacted. "I want to know if they're going to have a tracking system," said Janet Mondschein of MADD. "I know that we believe in early intervention. We know that that works. I'm hoping that it includes an ignition interlock."

The new policy will not go into effect for at least a few weeks since the State Attorney's Office said there are a few details that need to be worked out.

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