Bluehammer:  It's a specious argument.  In the first place according to your statement, the DP would not apply until the 2nd offense (the 2nd time CAUGHT, not just used).  And BTW:  how has the DP worked to curb murder in the states where it is enforced?  We all know that statistically, it has not worked as a deterrent for killing someone so how will it work doing something that is actually fun (as it is for the user)?