Rep. Slosberg- You need a lesson on the constitution

Delray Beach legislator Irv Slosberg is at it again. This state representative has made driving laws a crusade ever since his election to public office. It comes from the death of his daughter in a horrific accident 10 years ago.

I'm not a big fan of Slosberg, but have occasionally agreed with him. His latest proposal to pass a law mandating an automatic one year sentence for anyone who refuses a DUI seems to be forgetting something. People's constitutional rights. A person can't be put in jail without due process, and creating this sentence puts a person in a situation without any defense.

There are tough DUI laws out there already. There will always be those who drink and drive, we need to get them off the roads but throwing the constitution out isn't the answer.

Open Post- Basil's Blog, Third World County, Bright & Early,

TALLAHASSEE - It's the not-so-secret way to avoid a DUI record: Refuse to submit to a breath test. You'll lose your license for a year but won't face criminal charges.

The state Legislature looks poised to change that with a bill that would make it a crime -- punishable by one year in jail -- for drunken-driving suspects to refuse a breath, blood or urine test.

''The word is around: If you're drinking, refuse to blow,'' state Rep. Irv Slosberg, a Boca Raton Democrat, said Tuesday at the House Justice Council, a group of lawmakers that deals with criminal justice issues.

``The problem is too many people are refusing to blow, and more and more DUI offenders are on the streets.''

The bill, which has been met with unanimous approval from four House committees, is sponsored by Rep. Ari Porth, a Coral Springs Democrat and Broward prosecutor.

''My colleagues at home care so much about this because they're in the courtrooms every day fighting to make sure that drunk drivers are off the roads,'' Porth said. ``It's tremendously important to them and important to our communities. It's a good public-safety measure.''

Under existing law, drivers who refuse to submit to a DUI test on their first offense can lose their license for a year, but they aren't charged criminally in the absence of breath test results.

Only drivers who refuse a test on a subsequent stop face misdemeanor charges and jail time.

Nancy Daniels, public defender for Leon, Franklin, Gadsden, Jefferson, Liberty and Wakulla counties, said the penalties in place now for refusing an alcohol test are sufficient.

''There already is a substantial penalty for refusing a breath test, and that is losing your license for a year,'' Daniels said. ``This would mean go to jail for a year simply for not wishing to give the breath test. We understand the intent of the bill, but these penalties are very harsh.''

Nonetheless, Porth said a companion bill also has good momentum in the Senate, where its main sponsor is New Port Ritchie Republican Mike Fasano.