Welcome to the website of The Mallette Law Firm, PLLC.
This site was developed to educate and inform people about the truth surrounding the crime of Driving Under the Influence (DUI). DUI is probably the most preventable of all crimes committed in the United States. This fact causes many to speak out of frustration against the people charged with DUI, rather than understand that people are innocent until they are proven guilty.

As the fervor increases and the special interest groups continue their assault on the Constitution, states will continue to harden their penalties against DUI. When a politician is elected to office, he or she frequently attempts to prove how tough they are on crime by offering new legislation toughening already tough DUI laws. States like New York can lawfully take your car if you are arrested for DUI, and keep it even if you are found innocent. Also, states like North Carolina who are considering using the death penalty to combat DUI offenders who are involved in accidents and death results. These states are leading the nation in setting DUI policy.

There can be unanimous agreement that the crime of DUI is wrong and should be punished. However, the path this country is taking in solving the DUI problem is flawed. First, as it becomes easier, under the law, to be labeled intoxicated or impaired, more and more innocent people are going to be convicted because of the inability of law enforcement to accurately detect a drunken driver. As the prohibited blood alcohol content (BAC) limit moves closer to sobriety and away from insobriety, the symptoms police look for are going to be harder to detect. Mistakes made by law enforcement are going to increase.

Second, we are moving toward establishing a prohibition of alcohol consumption because of everyone's dependence on the automobile. In the 1920's the government moved against the alcohol itself, but today DUI law seeks to punish people who consume a progressively lower amount of alcohol. It wasn't long ago that the legal limit to be considered intoxicated was a BAC of .15, now in many states it is .08. What will it be in ten years? .05? .02?

Lastly, the special interest groups powering this revolution are largely made up of people who have lost members of the their family to drunk drivers. These people deserve our sympathy for their loss, not the keys to the legislature to make harsh, unconstitutional laws. This is revenge, not justice. The authors of this site welcome you. We offer it, not only to educate, but as a forum to save lives without sacrificing the innocent, wrongfully accused person to the gallows. If you have been accused of DUI, lost a member of your family to drunk driving, or are interested in preserving the Constitution, your comments are invited and welcomed. Join us in the fight for what is right.