Originally posted by Maelgrim

For example, a friend of mine was called away not long ago due to an EXTREMELY urgent family emergency. He had been drinking, and due to the location and time, had no choice but to drive. He was pulled over and blew over the legal limit. He challenged the charge in court and his penalty was reduced due to mitigating circumstances.

Can you imagine his situation if the laws did not allow for leniency under exceptional circumstances?
Yeah. It would mean that maybe he would have not driven.

I don't see why its fair that everyone else on the road had their lives put at stake because this guy had a family emergency. Why is his family more important than everyone else's family?

He should have called a cab or found some other method of transport.

It is not acceptable, in my view, for him to get to put everyone else's lives at risk just because his family had a problem.

I still think 1 year mandatory prison time for your first offense with no exceptions.

NOTE: Not to get too into the legalities, but I still the actus reus should have to be proven. In other words, that you actually drank. If someone else injected alcohol into your body and then put you in a car, there would be no actus reus and thus you would not be guilty of the crime. I am only noting this for the sake of completeness.