Legal Question in Constitutional Law in Kentucky
US Constituion - DUI
I am writing a paper on the penalties of DUI in the state ok KY. I need to argue my case according to the US Constitution. I am not sure where in the US Constitution DUI falls. Could some one please guide me in the right direction?
1 Answer from Attorneys
Re: US Constituion - DUI
The Constitution says nothing about DUI. In part this is because it doesn't say much at all about any specific crimes. It is also partly because DUIs fall within the jurisdiction of the states and are not handled by the federal government. Mostly, though, it is because the people who wrote the Constitution in 1789 did not anticipate the invention of the automobile. They got around by horse and, even if they were drunk out of their minds, their horses could generally be trusted not to crash into one another at excessive speed.
The constitutional issue here is not about DUI, it is about the penalties the state might impose for it. If you read the constitution and look for a discussion of punishment you will find what you need.
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