Originally posted by glorydayz:
This law is almost never enforced.
Also, not sure if you have noticed but it is very hard to keep people in jail these days. As a society we have finally figured out that jail is not the answer to our problems.
For example; Drug possession of any kind (Heroin/meth/crack/powder cocaine) is a misdemeanor in California. The state got smacked by the feds for over crowding its jails and prisons.
So now the state has to actually address the issues instead of using jail as its crutch/solution to societal issues and as you can see the state is failing because there was no thought pass "lock 'em up!". Rehabilitation, what's that? So instead of waisting peoples time and money with jail...
Washington and many other states are also getting smarter by understanding that jail is not a solution but a copout. A copout by state agencies that have multi million/billion dollar budgets to provide public safety.
This is the same logic that has resulted in brazen thefts from stores in San Francisco, as the thief knows at worst they will get a slap on the wrist. In the case of a DUI, if that is treated mildly, you can expect more people to die from people that are DUI. The main point of incarceration isn't rehabilitation, it is punishment - discourage others from doing the same.