The above is a slogan that should ring home painfully true. Over 38% of the adult traffic fatalities and 60% of juvenile fatalities are DUI related! Your chances of a collision double with one drink!!!
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WHY IS DRINKING AND DRIVING SO DANGEROUS?
No one can drink more than one's limit and drive safely no matter how much driving experience he or she has had. However, new drivers are affected even more than experienced drivers because they have to think more about what they are doing. Research has shown that the younger driver is affected more rapidly by alcohol. Even one drink can affect a person's driving. Two drinks in an hour can make anyone an unsafe driver. You lose your judgment when you drink or use drugs. It is often the first thing about you that changes. Loss of judgment, or good sense, affects how you react to sounds, what you see and the speed of other vehicles around you.
Some myths about drinking alcohol say that taking cold showers, drinking black coffee, or exercising will sober a person up. This is not true. Only time, body weight, the number of drinks, and how much has been eaten, can affect how long it takes anyone to "sober up." It takes about an hour for the body to get rid of each "drink." If a person has had more than one drink an hour, one hour of "sobering up" time should be allowed for each extra drink. The best solution? Always have a designated driver! A designated driver is defined as someone who has volunteered not to drink and will drive people home at the end of a social function. People can also get involved in the Designated Driver Program. The Designated Driver Program is an anti-DUI effort that works. The program encourages one individual to abstain from consuming alcoholic beverages for an outing so that he or she can be responsible for transporting the other members of the group safely.
TO BE A DESIGNATED DRIVER, AN INDIVIDUAL: • • • •
Should be at least 21 years of age and must possess a valid driver's license. Must be part of a group of two or more persons and verbally identify himself or herself as the designated driver to the server. Must abstain from consuming alcoholic beverages for the duration of the outing. Must not be an otherwise impaired driver.
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• Must understand that management reserves the right to refuse service to anyone at anytime.
The Highway Patrol lists the following deviations from normal driving in a manual, The Drinking Driver. These are the signs they look out for in spotting a drunk driver. 1. Unreasonable speed (high). 2. Driving in spurts, slow, then fast, then slow, etc. 3. Frequent lane changing with excessive speed. 4. Improper passing with insufficient clearance, also taking too long or swerving too much in overtaking and passing; i.e. over control. 5. Overshooting or disregarding traffic control signals. 6. Approaching signals unreasonably fast or slow and stopping or attempting to stop with uneven motion. 7. Failure to dim lights to oncoming traffic. 8. Jerky starting or stopping. 9. Driving unreasonably slowly. 10. Driving too close to shoulders or curbs or continually straddling the centerline. 11. Driving with windows down in cold weather. 12. Driving or riding with head partly or completely out of the window
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"Blood alcohol content is the amount of alcohol present in your blood, as determined by analysis." In California, it is illegal to drive with a BAC that is 0.08% or more. That means you will be considered drunk at this level and it is "Prima Facie" evidence that you are guilty per se. (That is, the level in itself is considered to establish the fact). Drivers under the age of 21 years, if found to have a BAC of 0.01% or more, can be subject to a driver license sanction. A BAC below legal limits does not mean that it is safe to drive. Almost all drivers show the effects of alcohol at levels lower than the legal limit. You can be convicted of DUI at even lower levels, depending on the circumstances. A driver with a BAC of .10% (the old legal limit) your chances of being in an accident are 8 times more, and with a BAC of .15%, your chances of an accident are 25 times more likely!
Field Sobriety Test - conducted by officer at scene. Breathalyzer - can also be conducted by officer at scene. Chemical Test Blood Test
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12 ounces of Beer (5%) 5 ounces of Wine (12%) 1 1/2 ounces of hard liquor (40%/80 proof) **ALL CONTAIN THE SAME AMOUNT OF ALCHOHOL, APPROXIMATELY 1 1/2 OUNCE!**
DRIVERS UNDER 21
It is against California law to purchase beer, wine, or hard liquor if you are under 21 years old. If you are under 21, the law is especially hard on you when you drink and drive. If you are driving a vehicle that is registered in your name and you are convicted of driving under the influence of alcohol or drugs, the court may take your vehicle away for up to 30 days. You will have to pay for storing it. If you are under 21 years of age, there is now a zero tolerance law, which means if a driver's BAC is 0.01% or higher or the person refuses to take, or fail to complete, a PAS test or other chemical test, DMV will suspend the person's driving privilege for one year. Many teenagers have been killed or injured because they drove under the influence of alcohol or drugs. Teenagers are more than twice as likely as adult drivers to be involved in an alcohol-related fatal crash. If you are convicted of driving under the influence of alcohol you will be punished by the courts. The first time you are convicted, you may have to spend time in jail and pay a fine. Additionally, DMV must revoke your driver license for one year or until you are 18, whichever is longer, and until you show proof of insurance. The law is very strict regarding alcohol in a vehicle. It is against the law to carry on your person or in the car any alcoholic beverage unless you are accompanied by a parent or legal guardian over the age of 21. The only exception is when transporting alcoholic beverages as part of your job for an employer licensed under the Alcoholic Beverage Control Act.
DRIVERS 21 AND OLDER
You must always drive attentively and carefully. You must not drive after you have taken any drink or drug which changes how you drive, makes you less careful, or slows down how you react. If you are convicted of driving with alcohol or drugs in your body, the judge may give you 96 hours to six months in jail. You will also have to pay $390 to $1,000 in fines (penalty assessment extra), the first time you are convicted.
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In addition, you may lose your license for up to six months, or the state may let you drive for a time, while closely watching your driver record. If the vehicle is registered in your name when you are convicted of driving under the influence of alcohol or other drugs (DUI), the court may take your vehicle away for up to 30 days. You will have to pay for storing it.
Prepared by DMV in cooperation with the CHP, Office of Traffic Safety, Department of Alcohol and Drug Programs, and Department of Justice. There is no safe way to drive while under the influence. Even one drink can make you an unsafe driver. Drinking affects your BLOOD ALCOHOL CONCENTRATION (BAC). It is illegal to drive with a BAC of .08% (.04% if you drive commercial vehicles or .01% or more if under 21). Even a BAC below .08% does not mean that it is safe or legal to drive. The charts show the BAC zones for various numbers of drinks and time periods. HOW TO USE THESE CHARTS: Find the chart that includes your weight. Look at the total number of drinks you have had and compare that to the time shown. You can quickly tell if you are at risk of being arrested.* If your BAC level is in the gray zone, your chances of having a collision are 5 times higher than if you had no drinks, and 25 times higher if your BAC level falls into the black zone. *VC 23152, VC 23153, VC 23136, VC 23140 DUI/Driving under the influence of alcohol and/or drugs.
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TECHNICAL NOTE: These charts are intended to be guides and are not legal evidence of the actual blood alcohol concentration. Although it is possible for anyone to exceed the designated limits, the charts have been constructed so that fewer than 5 persons in 100 will exceed these limits when drinking the stated amounts on an empty stomach. Actual values can vary by body type, sex, health status, and other factors.
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It is important to remember that all medications, prescription and overthe-counter medicines, are potentially dangerous. Over-the-counter medicines that you take for headaches, colds, and allergies can make you drowsy and affect your driving ability. Carefully read and follow the directions about dosage and side effects. Pay close attention to warnings about continued dosage and who should and should not take the medication. Under no circumstances should you mix medications unless directed by your physician. Never take medications prescribed for someone else. Do not mix alcohol with your medications. This applies to both prescribed and over-the-counter medications. If you must take medication before driving, find out the effects of the medication from your physician or pharmacist. Remember even though you may feel fine, you may not be totally free of the adverse effects that can affect your driving. It is your responsibility to know the effects of the medications you take.
DRUGS There are several major classifications. Stimulants -- includes amphetamines (`uppers', speed). Depressants -- includes barbiturates, (`downers'). Opiates -- includes narcotics, (Heroin, Codeine, etc.) Hallucinogens -- natural/artificial (LSD, peyote, etc.) Legal (or illegal) drugs should never be used while driving, except by direction of a competent physician. Under no circumstance should they ever
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be mixed with alcohol. The synergistic (combined) effect can be much worse than either alone, and greatly increases the risk of collisions, injury and death. (Legal drugs incl. prescribed and over-the-counter, such as: antihistamines {colds, allergies}; tranquilizers; etc.)
DRUGS AND DRIVING Much of what has been said about alcohol also applies to drugs (both legally prescribed medicines and illegal drugs). The state's drunk driving law is also a drug driving law since it refers to "driving under the influence of alcohol and/or drugs." The law does not have to say which drugs are involved. Many medicines can affect the way one drives. Alcohol can enhance some of the dangerous side effects of many drugs, even those that are prescribed by your physician or purchased over the counter. It is important that you check with your physician or pharmacist before driving after taking any medication. Almost any drug can affect a person's driving skill. This is true of prescription drugs, drugs you can buy over the counter, or illegal drugs. Here are some facts: •
Most drugs taken for headaches, colds, hay fever, allergy, or to calm nerves can make a person drowsy and this can affect his or her driving.
•
Taking any drug can affect safe driving. Medicines taken together, or used with alcohol can be dangerous. Drivers should ask their physician or pharmacist about how any medicine may affect their driving.
•
Many drugs have unexpected effects when they are taken with alcohol. Drugs and alcohol should never be used at the same time.
•
Pep pills, "uppers," and diet pills can make a driver more alert for a short time. Later, however, they can cause a person to be nervous, dizzy, and not able to concentrate.
They can also affect vision. Make sure you read the label and know the effects of any drug you use. If it is a common drug, read the label. Any drug that "may cause drowsiness or dizziness" is one you should not take before driving. Any drug (and the law does not distinguish between prescription, over-thecounter, or illegal drugs) which impairs your driving is illegal. If an officer
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suspects that you are under the influence of drugs, the officer can require that you take a blood or urine test. Persons refusing these tests: If you are convicted of using alcohol or a controlled substance and you are between the ages of 13 and 21, the court will tell DMV to suspend your driving privilege for one year. If you don't have a driver license yet, the court will tell DMV to make you wait a year longer before you can apply for a license. You can also be required to go to a DUI program. Any restriction, suspension or probation will continue past your 21st birthday for its full term.
Other, stronger actions can be taken if your driving record justifies them. Remember, when your driving privilege has been suspended or revoked, you may not drive in California with any license or permit.
•
All D.U.I.'s bear a mandatory jail sentence.
•
Mandatory fines for all D.U.I.'s $390.00 - 1,000.00.
•
Second or subsequent offense -- Judge may require verified attendance at an approved alcohol/drug treatment program. Additional jail time for non-attendance.
•
Vehicles involved may be impounded for up to 30 days at owner's expense.
•
At all subsequent trials, all prior convictions count the same. That is, a prior misdemeanor will count the same as a felony would. (Used in determining minimum mandatory sentences).
•
If judge dismisses the D.U.I., he must read into the record his reason for doing so which will remain part of his personal record.
•
In a misdemeanor offense, plea bargaining is still possible, but the fact that alcohol was involved must be noted. In any subsequent cases against that person, the conviction (i.e. reckless driving with alcohol) will count the same as a prior D.U.I.
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•
On a D.U.I. injury with 2 priors, in addition to the mandatory fine, 2 to 4 years penitentiary time and 3 years revocation of license; restitution must be made to victim.
•
Ignition interlock devices on vehicles are now required if a person is convicted of two DUI offenses within 10 years.
IMPACT ON QUALITY IF LIFE
We have just discussed the legal penalties of having a DUI. However the personal effects can have an impact on the quality of life and can be many and harsh. They can include civil suits and costs leading to loss of assets; loss of job; loss of self-respect & esteem of family, friends, the humiliation of jail, etc. VEHICLE CODE - DUI (23152 VC - Misdemeanor drunk driving.) Penalties First conviction, maximum sentence: (3 options available to Judge). County jail for not less than 96 hours nor more than 6 months and a fine of not less than $390.00 nor more than $1000.00 plus court costs. Optional driver improvement or alcohol education or treatment program. Second conviction within ten years - County jail for not less than 90 days nor more than 1 year and fine. Third conviction within ten years - County jail for not less than 120 days nor more than 1 year, and fine (as above). Fourth and subsequent convictions within ten years - County jail or state prison for not less than 180 days and not more than 1 year and fine (as above). Infractions: VC: 23221 - Drinking in a motor vehicle. No person shall drink any alcoholic beverage while in a motor vehicle upon a highway. VC: 23225 - Storage of opened container. It is unlawful to store any bottle, can or other receptacle of an alcoholic beverage which has been opened, or a seal broken, in any motor vehicle unless such container is stored in the trunk. A glove compartment shall be deemed within the area occupied by the
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driver and passengers. This does not apply to the living quarters of a camper or housecar.
HOW LONG WILL IT BE SUSPENDED OR REVOKED? If you did not take, or you failed to complete, a chemical test: •
First offense, suspended 1 year.
•
Second offense in 10 years, revoked 2 years.
•
Three or more offenses in 10 years, revoked 3 years.
If you took a chemical test and the test showed 0.08% BAC or more: •
First offense suspended 6 months.
•
A second offense within 10 years, suspended for two years.
•
A third conviction within 10 years, revoked for three years.
•
A fourth offense with 10 years, revoked for four years.
AB 979- DUI: Suspension and Revocation of License (Amendment to CVC 13352) This bill provides that a person convicted of multiple DUI’s within 10 years of a prior conviction, can have his or her privilege reinstated, if he or she shows proof of completing the initial 12 months of either the 18-month or 30-month drinking driver treatment program, installs an ignition interlock device, and establishes proof of financial liability. AB 1353- Sentencing for Driving While Under the Influence (Amendments to CVC 23538 and 23556) This bill increases the duration of alcohol treatment programs after a first DUI conviction, where probation is granted from 6 months to 9 months and the required program activity hours from 45 hours to 60 hours when the blood alcohol content (BAC) is 20% or greater, or the subject refuses a chemical test. CVC Section 23536 - DUI- Penalty, First Conviction Has been amended to increase the mandatory driver's license suspension period to ten months for persons convicted of a first offense of DUI if the individual's blood alcohol concentration level was .20% or greater.
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Driving Under the Influence Repeated Offense Amend and Add: Vehicle Code §§13353.1, 13353.2, 22651, 42009, 422010, 13389, and 23154 (AB 1165 Chapter 749) •
•
Makes it unlawful for a person who is on probation for a driving-underthe-influence offense to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater. Imposes an admin per se driver license suspension on persons found to violate this prohibition.
Adds Vehicle Code Section 23700 Establishes a four-county pilot program in the Counties of Alameda, Los Angeles, Sacramento, and Tulare to assess the effectiveness of Ignition interlock device (IID) installation in reducing driving under the influence violations in those counties. This law requires first-time and repeat driving under- the-influence (DUI) offenders to install an IID for a term ranging from 5 months to 36 months for various DUI violations and for a term ranging from 12 months to 48 months for various DUI violations involving an injury. This law requires the DMV to study the effectiveness of IID’s to reduce the recidivism rate of DUI offenders and report their findings to the Legislature. Driving Under the Influence of Alcohol While on Probation for Prior DUI 23154. (a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a bloodalcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a). (2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a). (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1. Added Sec. 5, Ch. 749, Stats. 2007.
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Ignition Interlock Devices Amends Vehicle Code SB 1190, Sections 23575 & 23575.1 •
Reduces the threshold of the blood alcohol content that triggers the requirement for the court to give heightened consideration for the installation of an ignition interlock device (IID) for a first time offender convicted of driving under the influence (DUI) of an alcoholic beverage from .20 percent to .15 percent or more at the time of arrest. This law also authorizes the Department of Motor Vehicles to study the effectiveness of ID’s to reduce the recidivism rate of first time DUI offenders and report their findings to the Legislature.
Driving Under the Influence (23597 VC) Effective in January 1, 2012, this bill authorizes a court to order a 10 year revocation of the driver license of a person convicted of a third or subsequent DUI violation, with possible reinstatement after five years if specified conditions are met.
RESTRICED LICENSE
If you are convicted of driving under the influence of alcohol or other drugs twice within ten years, the court must punish you with time in jail (up to a year), a fine up to $1,000, and may take your vehicle for up to 90 days. You may lose your license for 24 months. After this, you can drive only if you file a special certificate of insurance (SR 22) with the department. You may be allowed to obtain a restricted license if you take part in, and complete, a driving under the influence (DUI) program. Even if you can get insurance after a DUI conviction, it will probably be very expensive. If you are convicted a third time within ten years, you will lose your driver license for up to three years, pay a heavy fine, and spend four or more months in jail. After that, you must apply for a new driver license, and you can only drive after filing a special certificate of insurance (SR 22) with DMV and proof of completion of a DUI program. It is a serious crime if any person gets hurt or killed because you were driving under the influence of alcohol or drugs. You will be punished with fines, jail, and license suspension or revocation. You could also face a civil lawsuit that could result in a financial disaster for you.
ACTIONS AGAINST THE PROVISIONAL LICENSE
If you are under 18 years of age, you are in a special group. You and others your age
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can move and think faster than older drivers. Drivers your age should have the safest and most collision-free record in California. But skill and good judgment don't always go together. Some teenagers have the skill to drive safely, but don't use good judgment. For this reason, teenagers as a group have more collisions than most other drivers. They average twice as many collisions as adult drivers, while driving only half as many miles. This makes the teenage collision rate per mile four times as great as that of adult drivers. •
•
Based upon research conducted over the past 20 years, it is generally accepted that about 38% of all traffic deaths are caused by driving under the influence of alcohol. Many new driver collisions occur at intersections. These collisions are often caused by skid (or other losses of control) and result in rear-end collisions or collisions with fixed objects (parked cars, poles, etc.).
A restricted license (only for first offense of 0.08% BAC or more) can be issued following a 30-day suspension of the driving privilege if a chemical test was taken and you were 21 years of age or older when the offense occurred. You may obtain a restricted license for driving to and from a state licensed DUI program or you may obtain a five-month restricted license to operate to and from work and driving during the course of employment and to and from the activities of a DUI program if you: • •
• •
Submit evidence of enrollment in a DUI program. File proof of insurance and maintain it for three years. Pay all applicable fees.
EFFECTS The
deadly effects of alcohol, drugs or a combination of the two on the human body has been amply demonstrated. Alcohol is a depressant, first affecting the central nervous system, reducing judgment, reaction time, motor coordination, vision, and hearing. Effects are in direct ratio to the amount in the blood (BAC/BAL). This in turn relates to the quantity consumed; time drinking was started, and time between drinks; body weight; food consumed, etc. It is
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water soluble, requires no digestion, and is absorbed directly into the blood stream. Oxidation occurs at a slow steady rate of about one drink per hour. There is no way to hasten the process. It also affects and damages other organs, including the heart, stomach, and liver, causing enlargement of the heart (leading to congestive heart failure), cancer of the digestive system, and liver and hepatitis, as well as cirrhosis of the liver. Alcoholic coma can lead to death. The higher learning centers are first to be affected (as above), followed by muscular control center, and then the vital function center. (Digestion, breathing, heartbeat, circulation).
SOME IMPORTANT POINTS TO REMEMBER •
If you are ill or upset, don't drive.
•
Don't drive after drinking or using drugs.
•
Don't ride with anyone who has been drinking or using drugs, either.
•
•
Emotions, such as anger or worry, can make you drive unsafely. Never let out your anger by driving recklessly. It is illegal to drive impaired.
DRIVING UNDER THE INFLUENCE - EVERYONE'S PROBLEM The basic problem is in society's view of D.U.I. We think that "it's O.K." to drive while intoxicated. We are going to have to will a change in attitude, collectively and individually, before the problem will decrease.
EMOTIONAL IMPACT
Drunk driving affects more people than just the offender. The consequences of drunk driving extend to other drivers, passengers, pedestrians, and their families. An encounter with a drunk driver can be just as difficult emotionally as it is financially and physically, if not more so. Everyone involved in a drunk driving traffic incident runs the risk of developing Post Traumatic Stress Disorder (PTSD). This disorder goes beyond depression and often includes experiencing flashbacks of the
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unpleasant memories of the crash scene. These memories interfere with a person's thoughts and awareness. They can happen as a person is driving or when certain images or smells remind him or her of the traumatic incident. Symptoms of PTSD include: • • • • •
Nightmares. Flashes of anger. Trouble concentrating or remembering. Exaggerated responses. Being overly vigilant or cautious.
People who are affected by PTSD usually experience the majority or all of these symptoms for a month or even longer. Deaths that occur suddenly for which family members and friends are illprepared can be more difficult to deal with than anticipated deaths. Sudden deaths are even more difficult to process when a person is killed violently or in a manner that could have been prevented. Losing a loved one due to another person's negligence causes strong emotions, especially anger. Sometimes, a person experiences violent thoughts or considers doing things that are out of character. As with any loss or traumatic experience, it is common for a person to go through a cycle known as the seven stages of grief. The stages of grief include: • Shock or disbelief. • Denial. • Bargaining. • Guilt. • Anger. • Depression. • Acceptance and hope.
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In addition to sanctions imposed as a result of a court conviction, DUI offenders face administrative license actions (suspensions and revocations) by the DMV. These actions are mandatory (the DMV must apply them on violators) and independent of any criminal penalties imposed by a court. Table 2 summarizes license suspensions and revocations imposed on DUI drivers.
Table 2: DMV License Suspensions and Revocations Nature of Offense
First
Second
Third (or more)
Driver Under 21, BAC .01% or more
1 year or more 1 year or more 1 year or more
Driver 21 and Over 6 months BAC .08% or more
2 years
3 years
Chemical Test Refusal
2 years* (Revocation)
3 years* (Revocation)
1 year
*This punishment for a second "test refusal" also applies if prior offenses were for DUI or were DUI-related.
A.L.S. PROCESS
The administrative license suspension process begins when a driver is cited for DUI. The driver license is taken on the spot by the arresting law enforcement officer if the driver:
•
Violates the civil per se laws (as shown in Table 1: .01% for drivers under 21; .08% for drivers 21 or over)
Licensed offenders are then served with a DMV order of suspension or revocation, which serves as a 30-day license. The suspension or revocation
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takes effect in 30 days. Within 10 days from the citation date, drivers can request a DMV hearing. At the DMV hearing, only a limited number of issues may be considered. These are whether: • • • •
The officer had reasonable cause to believe the driver was driving a vehicle with an illegally high BAC the driver was arrested (or "lawfully detained" if age 21 or less) the driver refused a chemical test or a preliminary alcohol screening (PAS) test the driver was informed that a refusal would result in suspension or revocation
ALS hearings are independent of criminal prosecutions. That is, proceedings and findings in one venue do not affect proceedings and findings in the other. For example, if a defendant's charges are dropped in court, this decision has no effect on the determination made at an ALS hearing.
FIELD SOBRIETY TESTS
ALCOHOL GAZE NYSTAGMUS (An officer tells you to follow his finger with your eyes) (a) early on set - wavering at 45 deg. indicates .10 BAC as a general rule. (b) tracking - inability to stay on track and follow finger or pencil. (c) extremes - very early on-set STANDING ON ONE FOOT - BALANCE (a) hands at your side (b) one foot extended 30 inches (c) count by thousands WALKING IMAGINARY LINE (a) 10 forward, 9 back - or any combination where suspect must 'process info and think' of two separate instructions. (b) heal to toe (c) turning - (even) FINGER COUNTING (a) 1,2,3,4/4,3,2,1 ALTERNATE CLAPPING Palm and the back of your hand while counting. The appearance of the person plays a large part in the officer's assessment to determine if the person is under the influence or not. Police officers
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generally evaluate a driver's physical appearance and condition while he is still seated in the vehicle. This evaluation typically includes: 1) 2) 3) 4) 5) 6) 7)
breath odor condition of the eyes demeanor color of face dexterity speech clothing
THE CHEMICAL TESTS Implied Consent law means that you have already "said" that you would take a test when asked to do so because the law states that by driving and having a license you agreed. There are a couple of rules to the chemical test that must be followed by the police if the test is going to be valid and used as evidence against you. The rules of the chemical tests are as follows: A. The officer has three hours within the time of the stop to issue you a chemical test. B. You do not have a right to an attorney prior to a chemical test. C. An inability to complete a test is interpreted to be a failure. D. If the officer suspects drugs then you will be asked to take either a blood or a urine test and you will not have a choice. Procedure for Chemical Test - VC 23158 BREATH TEST • Nothing in your mouth 15 minutes prior. • Two readings • (.000 readings to the thousandths place is now acceptable) • 2100 cubic centimeters of breath to one cubic centimeter of blood. BLOOD TEST • This is the most accurate and one of the only ways you can have a sample saved and have your own independent test made to determine your BAC. • Additional testing may be done by independent sources. You have a right to have your own test done. THE CONSEQUENCES OF REFUSING TO TAKE A CHEMICAL TEST
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Refusing or not completing a chemical test results in the following penalties by the DMV: • •
1st Refusal: loss of license for 1 year 2nd Refusal: in 10 years 2 year revocation
THE COST OF A DRINK If you are convicted of a DUI, these are the fines and fees you will be forced to pay…OUCH! Vehicle towing and storage
$187
Booking, fingerprinting, and photo fee
$156
Driver license reinstatement fee
$100
Car insurance increase
$2,700
DUI fine
$480
Assessment for the court system
$816
Community service fee
$44
DUI victims fund
$100
Alcohol abuse education fund
$50
DUI classes
$550
DUI Victims' Impact sessions
$20
Time payment charge
$35
Total fees, fines, and assessments
$5,238*
* If you use an attorney, add $2,000 There is no safe way to drive while under the influence. Even one drink can make you an unsafe driver. Source: National Highway Traffic Safety Administration
FINANCIAL COSTS OVER 10 YEARS You probably realize the effects that a DUI conviction can have on your personal and professional like, but have you considered the financial impact? And since a DUI can affect your driving record for 10 years, you need to consider the long term effects that it can have as well. A DUI conviction can have a detrimental effect on your insurance eligibility and premium costs. With a DUI conviction, you are considered a financial high-risk investment for many insurance companies.
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As a result, this may affect your ability to carry quality, cost-effective insurance policies including car, life, and disability insurance. An insurance company accepts money for insurance premiums which may provide you with financial help on a qualifying event at a later date, but the company makes its profit on premiums not paid out. Any company providing insurance coverage counts on not having to pay out claims, and your likelihood of causing a payout is one of the main factors affecting your eligibility and premium costs. With a DUI conviction, many insurance companies automatically place you in a category of likely claim payout, or “high-risk”. Once this happens, the company can protect itself by either: * raising your premiums (rates can double, triple, or even quadruple) * cancelling the existing policy, or * denying renewal when the policy expires California requires car insurance for all drivers. It is a way to protect your own assets in the case of a collision. However, once you have been convicted of a DUI, you become a high-risk for a claim payout. This is because statistics show that driving under the influence increases the likelihood of being involved in a car crash by three times that of a sober driver. Payout on a DUI related collision can be an extremely expensive occurrence that the insurance company would like to avoid. The company may not be able to cancel an existing policy in midterm, but there are no regulations against non-renewal or premium increases. As a result, your premiums could increase dramatically. While no one is required to carry life insurance, it is a way to protect your assets for your family when you die. You may be surprised to learn that a DUI conviction may raise your life insurance rates. Basically, your life insurance premiums are based on your health condition and your predicted life span. Insurance companies use medical and other records, such as your driving record, to assess your current and predicted health status. Any indicator that you may have an alcohol problem can raise your premium rate. This is because alcohol abuse can reduce your life span by 10-15 years. While a DUI conviction does not necessarily mean that you regularly abuse alcohol, an insurance company may use this as an indicator of a potential problem and classify you as high risk. As a result, you may face issues with denial of coverage, policy cancellation or non-renewal, or premium increases. Then there is personal disability insurance. Much like Social Security Disability, private disability insurance is designed to replace your income in the event of an illness or injury which prevents you from working. This insurance can be provided under an employer-sponsored group plan, or can be purchased individually. Many persons who are covered under an employer plan also take out individual coverage, and are able to draw from both
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policies in the event of work interruption. However, as with life insurance, your premiums are based on your health condition. Currently, approximately 4% of all disability claims are associated with substance abuse. Therefore, any indicator of potential alcohol abuse, such as a DUI, may cause you issues with denial of coverage, policy cancellation or non-renewal, or premium increases.
SOME PARTY TIPS
As host of a party, you can be held legally responsible for injuries or damages that occur as a result of the alcohol you have served, even after your guests leave. You can reduce the risk to yourself and your guests by attempting to keep the drinking to a moderate level. Many things can be done to accomplish this but designating a bartender who will keep track of guests who may drink too much and help stop them in time to sober up before getting on the road is one of the best methods. Serving food with drinks and providing non-alcoholic beverages will help people stay sober as well. Other ideas for socially responsible hosting include: •
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Do not over-drink yourself. As the host(ess), you can stay on top of and avoid potential problems when you are able to think clearly and act quickly. Find out how guests will be going home from your party. Be prepared to take away car keys. Promote the use of designated drivers and encourage guests to leave their cars at home and take public transportation, cabs, or walk. Have cash and phone numbers ready for taxi companies. Some cab companies and other charitable organizations offer free rides to the public on holidays. Watch your local newspaper or television news station for lists of organizations offering the service. When your guests arrive by car, collect their car keys. That way, when they are ready to leave, you can give them a second opinion on whether they are sober enough to drive home by themselves. Stop serving alcohol at least one hour before the party is over. Make sure coffee, alcohol-free drinks and food are constantly available. However coffee and cold showers do not make a person sober -- they only moderate alcohol consumption. Only time allows the body to consume and rid itself of alcohol. Plan to deal with any guest who drinks too much. Before the party gets going, ask someone reliable to help you keep things under control. Mix and serve drinks yourself or designate a bartender instead of having an open bar. Avoid serving doubles and keep shot glasses, jiggers or self-measuring one-ounce bottle spouts handy to measure
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drinks. Guests are less likely to over-drink when standard measures are used. If you serve an alcoholic punch, use a non-carbonated base such as fruit juice. The body absorbs alcohol faster when mixed with carbonation. Be prepared for overnight guests. Have blankets and sleeping bags ready. The easiest way to keep a drunk off the road is to provide a place to sleep. Always serve food along with alcohol. It is always better to eat while drinking than to drink on an empty stomach. High protein and high carbohydrate foods like cheese, meats, veggies, breads and light dips are especially good. They taste great and do not make guests as thirsty as salty, sweet or greasy foods do.
WHEN THE PARTY'S OVER
If one of your guests has been drinking and should not drive, please do not give back the car keys to prevent driving and avoid harm. Maybe just a little persuasion from you could mean the difference between life and death. • •
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Suggest that you or a sober friend drive your alcohol impaired friend home. The car can always be picked up at another time. Suggest that your impaired friend stay overnight in your home. This may sound inconvenient, but you could be saving your friend's life or someone else's life. Have your friend taken home in a taxi. Pay for the ride yourself. It's hard to object to a free ride. Whatever you do, do not give in. Friends do not let friends drink and then drive. In the morning, you will have a safer and maybe an even closer friend.
MADD (MOTHERS AGAINST DRUNK DRIVING)
MADD was founded by a small group of California women in 1980 after a 13-year-oldgirl was killed by a hit-and-run driver. He had been out of jail on bail for only two days for another hit-and-run drunk driving crash and had three previous drunk driving arrests and two convictions. He was allowed to plea bargain to vehicular manslaughter. Although he was sentenced to two years in prison, the judge allowed the offender to serve time in work camp and later a halfway house. Since 1980, MADD has continued to grow and pursue the efforts initiated by its founders. MADD's National President became an elected position with specific term of office. Two-thirds of MADD's volunteer national Board of Directors is composed of representatives from local chapters. MADD FACTS
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You don't have to be a mom to be a member of MADD. MADD is made up of moms, dads, young people and other individuals working to make a difference on our roadways and in our communities. MADD's prevention efforts focus on drunk driving and underage drinking. These efforts have helped save more than 183,000 lives since the organization's founding. MADD is not against responsible alcohol consumption for individuals of the legal drinking age of 21 years and older.
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Although alcohol-related traffic deaths have decreased by more than 40 percent since MADD's founding, drunk driving still remains one of the nation's most frequently committed violent crimes. This year, 10,839 people will die in drunk driving crashes; one every 50 minutes. Underage drinking is America's No. 1 youth drug problem, killing 6.5 times more young people than all other illicit drugs combined.
MADD VICTIM SERVICES • •
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MADD is the nation's largest crime victims' assistance organization. MADD offers a wide range of free support services and information for victims of impaired driving, in addition to hosting an annual International Candlelight Vigil of Remembrance and Hope. 1-800-GET-MADD connects victims to trained staff and volunteers who can provide emotional support and guidance through the criminal justice system.
MADD LEGISLATIVE EFFORTS • •
Since its founding, MADD has helped pass more than 2,300 anti-drunk driving and underage drinking laws. MADD was instrumental in the passage of the national 21 minimum drinking age law in 1984, as well as the 1995 "zero tolerance" provision of the National Highway Systems Law making it illegal for those under 21 to drive after consuming alcohol. In 2000, MADD helped pass a federal drunk driving limit of .08 percent blood alcohol concentration.
MADD also advocates for passage of a federal constitutional amendment for victims' rights and stricter penalties for repeat and higher-risk drunk driving offenders, in addition to other key legislation in states across the country. THE FOLLOWING IS A TRUE STORY FROM A MADD MEMBER…
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THE BARNEYS
Friday, December 20, 1996, is a date my family and I won't soon forget. It is the night that we were hit head-on by a drunk driver. We were on our way to Wisconsin to celebrate Christmas with our families. Instead, we got to celebrate our lives. We had traveled for approximately one hour and 15 minutes when our crash happened. We were also only 10 minutes from our first scheduled stop at my parent's house. The man that hit us had been at a company Christmas party and had been drinking for about four hours. He was quite drunk. We found out later that he had a Blood Alcohol Content of .25 four hours after our crash; they estimate that he had a BAC of .30 when he hit us. Three times the legal limit! Our children were in the back seat, my husband John was driving and I was in the passenger seat. We were discussing all of the people we wanted to try to visit in the week we were to be in Wisconsin. I was watching for deer in the road when I noticed head lights on our side of the road. Everything seemed that it occurred in slow motion, but I know that it only took about 10 seconds before the impact. We were doing about 55 mph and the drunk driver was doing between 85 and 100 mph! The sound of the crunching metal, breaking glass and our screams were deafening. If this were not enough, we were then hit a second time by a semi-truck. The truck driver did not even stop to ask if we were okay or if he could help in any way. A family from St. Cloud, Minnesota witnessed the whole ordeal. Fortunately, they had a cellular phone and they immediately called 911. The woman in the family came to our car to see if anyone was alive and saw that I was the most conscious. She asked me if she could call anyone for me. Since we were on our way to visit my parents, I called them and told them that we had been in a very bad car accident. My mother didn't believe me until she heard the sirens of the emergency vehicles approaching. My parents then got to the scene immediately. The impact had jammed our doors shut and it took a long time to get us all out. My father had to help cut my children out of their seat belts. Our youngest was alert until this point; when they cut her out, she passed out. Josh, our oldest, was also alert, but he began throwing up shortly after the crash. It had taken about 20 minutes to extract him. Another 15 minutes and I was freed from the car. My legs had been pinned by the dash and I couldn't move. My husband, John, took almost two hours to remove from the car; the tool that they usually use to cut people out was broken and they had to get one
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from another county. The paramedics were quite surprised that John had even survived the crash, let alone the time that he sat in the car unable to move. His jaw was broken in three places, the steering wheel struck him directly under his chin, he had chest injuries, the break pedal went through his right heel and metal from the car had cut his left leg through all of the muscle and nerves down to the bone. He lost a lot of blood as well. We were all taken to Barron Hospital, which is not a hospital familiar with treating traumatic injuries. The kids were air lifted to Eau Claire Hospital. John was taken to Rice Lake Hospital by ambulance in the hopes that they could stabilize him. I was left at Barron Hospital to be treated. Josh suffered a perforated intestine and had emergency surgery to remove part of his intestines. Jessica, our youngest, had bleeding on the brain and a bruised lung. She was kept under observation. I just had many bumps and bruises but definitely felt horrible. John's father and brother met him at the Rice Lake Hospital. From what they now tell me, John did not look like he was going to make it. Once they got him somewhat stabilized, the doctors made the decision that they needed to transfer him to another hospital, one that was better equipped to deal with all of his injuries. Before they were able to leave Rice Lake, they had to remove him from the ambulance to restabilize him because he had begun bleeding profusely again. When they put him back onto the ambulance, they also had a nurse on board. John was an EMT at the time, and he knew that when a nurse is sent with the ambulance, the prognosis is not good. By the time I got out of the hospital, it was 2 a.m. I did not know if my kids or husband were still alive. My parents drove me to Eau Claire to be with my family. I was not prepared for what I would see! John was still in the emergency room and had been there for about an hour. The doctors did not want to risk surgery because they thought they would lose him anyway and did not want to do so on the operating table. He looked horrible and neither of us knew how the kids were doing, but we still managed to joke with each other, which is typical for us. John did survive surgery, which was done about 9 a.m. Saturday morning and the kids were doing as well as could be expected. I was in a lot of pain, but I had to make appearances to everyone's room so they would know I was still around. I also had the nurses take the kids to John once he was put into a room. John and the kids were in the ICU for Christmas. Friends and family donated presents and a tree. My best friend in the world sold her prized Tickle Me Elmo doll that she had gotten for her nephew to get a Santa Clause to visit
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the kids. I am still amazed that Santa agreed with only a couple of days before Christmas! Jessica was released from the hospital on December 26, and Josh got out the next day. John was transferred to Ramsey Hospital in St. Paul (now Regions Hospital) on New Year's Eve. I was so relieved to have my children home and John that much closer. He finally was released from the hospital on March 7, 1997. John missed Christmas, New Year's, and Josh's and my birthday. But he was alive, and that was all that mattered. To date, he has had eight or nine surgeries; hopefully that is all, but we never know. The kids are doing fine now. John has recently begun walking without any assistance and is looking good. As far as we are concerned, we feel that the drunk driver got off easily; he died almost immediately. He was 22-years-old and left behind a wife that was 2 months pregnant with their second child. The other child was a oneyear-old daughter. We do feel for his family and his children. We also have lost so much because of this unfortunate and unnecessary crash. John, as I stated, was an EMT and a volunteer fireman. We do not know if he will ever be able to go back to these jobs, and he absolutely loved them. Financially, we do not know if we will ever recover, but we will survive and that is the most important thing that we could have hoped and asked for. We have also met some wonderful friends and people that we would not have met had this not happened. We are active with MADD and hopefully we can make a difference.
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"Pilsner" Pete always loves a party. On this night, Pete decides to drive across town to party down with his cousin Earl. Let me tell you, when these guys get together, they really know how to drink each other under the table. But when Earl started shooting his mouth off, Pete knew it was time to go. Pete contended that a 12 ounce glass of beer has the same alcohol content as a 5 ounces of wine and, in fact, has the same alcohol content as 1 1/2 ounces of hard liquor (the 40/80 proof kind). Well Earl wouldn't hear of it. Earl thought it was the size of the drink that mattered and all drinks contained the same amount of alcohol. Well our friend Pete was right on target. All three of those types of drinks listed above have the same alcohol content. Believe it! But, what a wasted night. Pete was only there for one hour and had put back four beers. Is Pete O.K. to drive? If not, how long should he wait to be safe? Pete is legally drunk and should not drive. It takes a full hour for your body to "get rid" of one drink. SO, he should wait at the bar for at least 3 more hours and he should not drive if he still feels intoxicated. Our advice to these guys is to TAKE A CAB!
TAKE QUIZ
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