Driving Under the Influence free essay sample

Running head: Driving While Intoxicated Driving While Intoxicated SIM American University-Online Instructor Paul Jake Table of Contents Abstract3 Driving While Intoxicated4 DWI Offenders5 Statistics5 Type of Crime7 Identifying8 Facts and Myths9 Sanctions and Counter Measures10 Current Sentencing11 Cost12 Court14 Current Preventions15 Proposed Solutions15 Conclusion17 References19 Abstract The objective of the research paper is to discuss the impact that driving while impaired by alcohol (DWI) plays in alcohol-related crashes/arrest and how to reduce alcohol-crash involvements. The paper will define drunken driving, statistics of drunk driving, classification, myths and facts, who are the drunk offenders, how to identify a drunk driver and recommendations. Driving While Intoxicated Daily there are individuals who are occupants of a motor-vehicle where we are the driver or the passenger, however wherever we are seated in the vehicle we must be alert to the continual change around us. The driver, however, is responsible for the safety of the individuals occupying the motor-vehicle. Driving requires a variety of skills, so the driver must be alert and able to react to hazards. The driver must be able to see clearly and be able to judge distances and speed. When there has been consumption of alcohol many of the safe driving skills become impaired and affect the ability for drivers to safely operate a motor-vehicle and increase the chances of a crash. Impaired drivers that involve the consumption of alcohol are at times called or know as â€Å"driving while impaired† (DWI), â€Å"driving under the influence† (DUI) that are United States statutory offense, or â€Å"drunk driving†. Illegal per se: When the driver’s blood alcohol level is over . 8percent when he/she was pulled over. Although the terminology may vary, alcohol-impaired driving is a leading cause of casualties on the roads. A driver’s impairment level is determined by his/her blood alcohol content (BAC) that is a measurement of alcohol in the bloodstream; normal measurement is mass per volume. An individual with a BAC of 0. 04 percent has 0. 04 grams of alcohol p er 100 grams of blood. The United States has adopted driving with a BAC of 0. 08 percent or higher illegal for drivers, while other countries vary from as low as 0. 0 percent to 0. 08 percent (ICAP, 2002). In addition there is a zero tolerance, nationally, on individuals 20 years or younger with legal drinking age of 21. DWI Offenders Drunk driving is one of the major concern to law enforcement and citizens of the community, because the offense is committed by a lot of people in our country, which includes law abiding citizens as well. â€Å"About one-fifth to one-fourth of drivers admitted to driven after drinking at least once within the past year and about five percent estimate that they were legally impaired. Drunk driving does not discriminate, however findings have shown that 80 percent are men who are white and/or Hispanic, between 25 and 44 years of age, high school or less education, non-white-collar employed, and unmarried are likely offenders (Beirness, Mayhew, and Simpson, 1997; NHTSA, 2003). Most of the drunk drivers are likely to be heavy drinkers and they might have drinking problems (Beirness, Mayhew, and Simpson, 1997). Drunk drivers under the age of 21 are twice as likely as older drivers to be involved in fatal vehicle crashes. (NHTSA, 1999) Statistics Alcohol-related serious accidents have fallen over the past years. However, even one death is a needless tragedy that we must continue to battle daily. Serious traffic accidents in alcohol related crashes decreased by 3. 7 percent between 2006 and 2007, these results show an estimated of 12,998 people killed in alcohol-impaired driving in 2007 down from 13,491 in 2006 (NHTSA, 2008). In 2007 alcohol impaired serious accidents accounted for 32 percent of all crash deaths. Approximately thirty-six people die in the United States, and about 700 more are injured in vehicle crashes that involve alcohol impaired drivers (CDC, 2008). Kathryn Henry, spokeswoman for the national Highway Traffic Safety Administration have said they lose people to fill the equivalent of a jetliner every two days to impair driving. If that happened, the planes falling out of the sky, that would be a huge issue on the front page of every newspaper in the world. Impaired driving happens in remote places, every day, every 32 minutes. Although the NHSTA seen a positive decrease in alcohol related incidents but shown a disappointing statistics for motorcyclist. â€Å"The number of motor-bikers killed increased from 14 to 23, that’s a 64. 3 percent jump. Virginia state saw motorcyclists deaths more than triple, rising from 12 to 37† (Staff, 2008). Alcohol-impaired motorcycle riders had increased by 10 percent in 2007; other categories of impaired drivers did not show any increase (NHTSA, 2008). In 2007, an estimated 67 percent of alcohol-impaired driving fatalities involved the driver or rider of motorcycles with a BACs great than or equal to . 08. An estimated 17 percent of occupants on a motorcycle were with a motorcycle rider/driver that was impaired. Only 47 percent of motorcycle drivers carry the proper/valid endorsement on their license or permit. The criminal justice system and the public must pay more attention to the impaired-driving issues if we want to see a decline in fatalities and impaired drivers. Among the most common types of arrest made by law officers in United States is drink driving. Not all impaired drivers are fatally injured; over 1. 4 million in 2007 were arrest before they were able to fatally harm themselves. Based on this statistics it does not show how the arrests were made; the driver could’ve been involved in an accident and was able to stagger away from the crash while injuring others or damaging property. The arrest rate averages 1 for every 142 licenses drivers in the United States. Authorities make 1 arrest for DWI for every 772 stops of driving within 2 hours of drinking and for every 88 occurrences of driving over the legal limit in the United States (FBI 2008). Type of Crime The largest category of criminal infraction of all cases in the U. S. and considered the most serious misdemeanor offense is driving while intoxicated. In many states repeat offenders are consider felons. Generally the first DWI charge in all states is considered misdemeanors. When a DW is classified as a misdemeanor, the charges involve no injury or property damage. A felony means that there has been serious injury to a person or property that occurred, or is a repeated offender involving DWI convictions on their record. No matter the classification of a DWI there is a potential the offense will remain on ones record for life. Identifying Drivers who maybe under the influence of alcohol display behaviors that can be identified by officers or citizen drivers in four categories that is: maintaining proper lane positions; low or high speed and constant braking; vigilance and impaired judgment. These categories are cues to predict that a driver is DWI at least 35 percent of the time. The probability of a DWI increases when the driver exhibits more than one of the cues (NHTSA, 2008 ). When the investigating officer has probable cause that a person is operating a vehicle while under the influence of alcohol, the investigating officer will ask that person to perform a field sobriety test to determine whether or not he/she is actually under the influence of alcohol. The field sobriety test is a critical element of identifying a drunk driver for the nvestigating officers’ impression, refusal to take the sobriety and/or chemical test has penalties in every state. Initially, the field sobriety test serves as the best method for an investigating officer to be ascertaining that â€Å"reasonable cause† exist to require the suspect to submit to a breathalyzer test. The field sobriety tests consist of the one-leg stand test, the walk and turn test, and the horizontal gaze (rapid, involuntary, oscillatory motion of the eyeball) tests. These tests are not mandatory and the driver can refuse to submit to these tests. The police officer may arrest someone if they refuse to submit to the field sobriety tests. The police have also begun to employ preliminary breath tests (PBTs). These tests are not mandatory and if someone refuses to submit to a PBT he or she is subject to a fine (and despite the title of the statute); will not be suspended for refusal to submit to a preliminary breath test. At completion of the field sobriety tests, the police officer may, based on his or her observations, arrest the person for driving under the influence, advise him or her of their constitutional rights, and ask them to submit to a chemical test. Facts and Myths The subject of drunken driving (DWI) is filled with emotions, inaccuracies and for some wishful thinking. But whether or not we are correctly informed, someone is paying the consequence for drunk driving. In many cases, what is represented as â€Å"fact’ is really fiction and it becomes hard to notice the difference. The down play of alcohol, impairment, has had a large effect on society and their feelings of impaired driving. There are various myths about consumption and content about alcohol that mislead many ‘drinkers. ’ The belief is that beer contains less alcohol than a glass of wine or a shot of distilled spirits is a myth. The content of beer has the same amount of alcohol in a 12-ounce bottle or can of beer is equivalent to a 5-ounce glass of wine, and a 1. 5-ounce shot all have equivalent amounts of alcohol. Another common myth is that a person becomes drunk more quickly by drinking a combination of beer, wine, and spirits. However, as we can see from the first myth that drinks contain the same amount of alcohol, so combing alcoholic drinks makes no difference. The only effect alcohol has on an individual depend on other factors, such as a persons weight, gender, and if he/she had any food to eat before drinking (DUI Foundation, 2008). Besides the myth of what alcohol and it consumption effecting an individual, there are myths about how to sober up quickly or cover the effects of alcohol. The sobering fact is that coffee, cold shower, or physical exercise will not work to rid the body of what has been consumed. The only method that works is the passage of time, as human body can filters alcohol out the blood stream at a rate of about one ounce of alcohol per hour. Sanctions and Counter Measures As a general rule, a DUI can be charged as a misdemeanor or as a felony, depending on the circumstances involving in the case. Laws are different from state to state; therefore charges of a DUI will vary based on states laws/regulations. The penalties can be increased or decreased base on circumstances. DUI punishments may involve a fine, restriction, suspension or revocation of license or vehicle, DUI School, and time spent in jail. Recently, several states have increased penalties for those caught drinking and driving, especially for repeat offenders, since the nationwide DUI laws passed in 1980 pushed by groups like Mother Against Drunk Drivers (MADD). Some state legislatures have passed laws requiring mandatory jail time for repeated DUI convictions. Fines have increased and the length at which ones license is suspended has been extended and receiving a â€Å"hardship† license to get back and forth to work has become more difficult to obtain. Penalties are generally, also, increased for circumstances involving a child when the DUI offense was committed, if the offender has a prior conviction of DUI, driver was speeding twenty to thirty miles above the posted speed limit, the BAL was at or above . 0 percent, and if there were property damages and injuries sustained by a crash. Vehicular manslaughter or in many cases second degree murder can be charged as a DUI penalty if a fatality occurs which is related to the DUI. Current Sentencing Courts implement numerous approaches to reduce the possibility of recidivism for offenders arrest or convicted of drunk driving. Sentencing of offenders have several different objections, howe ver reducing recidivism is priority. The sentences imposed on DWI offenders are rehabilitation, retribution, incapacitation, general and specific deterrence. In some cases restitution and/or program financing may be objectives in sentencing. Before sentencing is handed down in any form there should be an evaluation of the offender to determine what method would best suit the offender from re-offending. There is no one sentence that is effective for all DWI offenders. When passing down a sentence it should be tailored based on circumstances of the offender and their offense. Sentencing that is passed down to the DWI offender varies greatly on cost, resources available and the case. To control/eliminate the issue of drunken driving courts try to follow the â€Å"three Rs†, which are: †¢ Restriction on driving (revoke license, suspend vehicle registration, etc. ) †¢ Restitution (fines, community service, etc. ) †¢ Rehabilitation (treatment, probation, etc. ) (Guide to Sent DWI Offenders,2005) Restricting vehicle operation by a drunk driver is suspending drivers licenses, impounding the vehicle or immobilizing the vehicle, and requiring alcohol ignition interlock devices on the offenders’ vehicle. By restricting driving studies have shown that license revocation has decreased late night crashes by nine percent; installing ignition interlock devices have reduced repeated DWI offenses by 50 percent to 90 percent and; impounding the vehicle reduced DWI offences for convicted drivers. Restitution by fines, incarceration and/or financial restitution maybe required compensation, to the victim/community. Community services has little to no impact on recidivism, judges use this method to develop a meaningful sanction. To offset the cost of law enforcement, treatment programs, and efforts to reduce drunken driving fines and court fees can be used. Rehabilitation programs are launched with the goal of rehabilitating drunk driver rather than place them in jail. Punishment alone does not seem to be effective. In rehabilitation programs reduction of drunk drivers reduces recidivism by working at the root of the problem by requiring treatment and accountability in an intensive, long-term program. This duration allows the streets to be safe, while influence a change in the offender. Cost For an individual who chose to drink and driver costs vary depending on circumstances and jurisdiction in which they are being charged. For a first DUI, some states impose fines ranging from $500 to $1,000. Some states require a fine up to $15,000 for anyone who has been charged with and has hand prior DUI convictions. Although fines are imposed, this is not the only financial loss for the offender. Other cost association with drunk driving should be taken into consideration. First DUI offense for a driver can cost up to $20,000 in legal/lawyer fees and other expenses. Although an estimate and cost varies, the following cost may factor the offender choice to drink while intoxicated: †¢ Towing/Car Storage- $100. 00 †¢ Bail- $250. 00 †¢ Lawyer’s Fees- $1,500. 00 plus †¢ Court’s Fees- $200. 00 †¢ Conditional License- $175. 00 An offender is not the only person who endure costly expenses but many others who are impacted directly such as victims or indirectly such as the tax papers (economy). In an Economic Impact of Vehicle Crashes report in 2000, the economical impact on alcohol-involved cashes scored high about 16,792 deaths as well as 513,000 non-fatal injuries, which calculated $50. 9 billion in economical expenses. All alcohol related crashes accounted for 22 percent of all crash. In Wisconsin an offender, Adair, had nine DUI’s prior to a 1999 crash that almost took his life and his unexpected 19 year old victim who was trapped in the car she was driving when Adair smashed his pickup truck in to Sarah Johnson’s car. Adair’s offenses of drunk driving have cost nearly $365,000 since 1985. Of the nearly $365,000 roughly $240,000 came from tax dollars and insurance payouts. Annually, in â€Å"Wisconsin alone taxpayers pay $2. 7 billion in alcohol-related law enforcement and legal system costs; incarceration; crash investigation and cleanup; lost productivity; and premature deaths, according to the Center for Science in the Public Interest† (jsonline, 2008). Table 1: Totaling the cost of Adair’s Action Adair’s numbers are lifetime to date (in 2008 dollars). Wisconsin numbers are for years indicated. |Ricky Adair |Wisconsin | |Prison |$104,658 |Statewide cost in fiscal year 2007 for prisoners whose crimes | | | |involved alcohol:$322 million | |Health Care |Cost for Ricky Adair and Sarah |State cost in 2007 for DWI related accidents and medical $935 | | |Johnson, injured when his care |million | | |collided with hers:$89,943 | | |Alcohol Treatment |$4, 704 |Statewide, the cost in 2007: $190 million | |Attorneys’ Fees |$16, 891 |Annual cost of OWI cases handled by the State Public Defender | | | |in 2007: $1. 46 million | Source: jsonline, Milwaukee 2008 Accidents involving a driver or/and a non-occupant with a BAC of . 10 percent or great accounted for 75 percent of all alcohol-involved crash costs. The impact of alcohol rated crashes on the economic monomials various based on the severity. Alcohol-related crashes accounted for 46 percent of fatal injury cost; 21 percent of nonfatal crash cost; and 10 percent of the crash costs consisted of property damage only. (NSHTA, 2000) Court The courts role in a DWI cases is the same role it plays with other cases. However, DWI cases can sometimes be considered another part of the â€Å"judicial system,† since the court has a very different role to play than law enforcement, prosecution, or corrections. DWI cases are much broader and although it interacts with different agencies the court establishes the tone towards DWI cases in the community. The court addresses the defendant to stress the severity of the DWI or explain to the investigating law enforcement why a case was unsuccessfully prosecuted. The judicial system, specifically the judge, shapes the public attitude towards DWI prevention and enforcement. Current Preventions NHTSA has credited the states laws in rising the legal drinking age to 21 with preventing about 1,000 traffic death per year. Legislation also imposing a zero tolerance law for young drivers ages 20 and younger. The BAC was not only enacted for young drivers/individuals but for those 21 years of age and older that provided incentives for all States. The current prevention have been effective, however further prevention of drunk driving related arrest and incidents are still being evaluated. Proposed Solutions Everyone has their different ideas about what kind of laws and police would help reduce drunk driving. Driving while intoxicated is a huge road safety issue (Staff, 2008). Many different ideas have circulated from prohibiting/eliminating alcohol beverages, increase alcohol taxes, stiffer fines/sentencing, etc. However, the problem will not disappear but only reduced. Drunk driving is very deadly there has to be more than just long-term attitude adjustment to the problem. There are many different proposals in the Legislative Branch of our justice system; to combat the increasing issue in some states even though nationwide we are starting to see declining numbers. Two proposals/laws I felt that would help combat the seriousness of drunk driving comes from the bills in the Wisconsin Legislature that will draw support from the public but may come under attack by the Tavern Leagues and I believe that all states should have tougher laws and they should follow the Wisconsin proposed/laws in the legislature. The first measure has been drafted by State Senator Neal Kedzi which would lower the legal blood-alcohol limit from 0. 08 percent to 0. 2 percent for someone who has been convicted of two more offense of driving under alcohol intoxicants; this gives a margin for one alcohol beverage for an average person. Senator Kedzi is on the right direction with this bill, however this should be applied for anyone after the first offense rather than the second, but t ightening the drinking offense so drastically would prove to be a long battle given the nature and the strength that the Tavern League has (Kedzi, 2009). Implementing this bill by Senator Kedzie would intend to decrease the rate of alcohol related motor vehicle accidents. The decision to support lower BAC levels, but not to press for immediate adoption of a zero tolerance policy would, in hopes, gain public and political support. This process could also focus on educating the public, policy makers and medical sources about the issue of the influence of alcohol on ones ability for judgment/physical capabilities (Kedzi, 2009). The bill proposed by Senator Kedzie also included two proposed provisions that  include that those convicted of drunken driving  be prohibited from buying any vehicles while their licenses are suspended or revoked, and those applying for occupational driver’s licenses would have to wait for fifteen days to get them. In Australia the implementation of lower the BAC has proven to be effective. A study that was â€Å"conducted by the Austrian Road Safety Board reviewed the effects of lowering the BAC from . 08 to . 05(driveandstayalive, 2003),† which is . 02 percent higher than Wisconsin proposed bill. Since the lowering of the BAC in Australia in 1998 alcohol-related crashes declined 11. 6 percent from 1997. The study concluded that lowering the BAC, increased awareness and law enforcement support, it has been a suitable means in reducing alcohol-related crashes (driveandstayalive, 2003). This bill is a great way in reducing DWI’s crashes. Although the reduction of BAC from . 08 percent to . 02 percent is a great proposal the latest reduction that was mandated wasn’t so drastic. The latest mandated BAC drop went from . 10 percent to . 08 percent, in most states, so in keeping with less drastic changes prosing a . 05 or . 06 percent BAC maybe more realistic to gain support and enforcement. However like any change, this will gain protest as everyone reacts differently to alcohol consumption and a low BAC, consumption of alcohol, will impair their judgment/ability like it may another. The second bill requires that bartenders have no alcohol in their system, as we know alcohol is an impairment of judgment. This bill is authored by Rep. Josh Zepnick, and having been a sober bartender, believe this is to be an accurate proposed bill. This bill would hold the bar owners and bartenders and/or serves more accountable for their patron who leave with to much alcohol in their system. Conclusion Many drivers who are cited for drunk driving maintain that they never intended to drink and drive or had any intent in causing harm to a person or to property. Understand the problem, associated with DWIs have been established, strategies to reduce the problem can be addressed. Strategies can come from a variety of different studies and law enforcement reports. However, each strategy should be tailored to circumstances presented for that specific community analyzing the problem. With the hopes that states can effectively implement a response to the drunken driving issues, a reduction in number of crashes and proportion of crashes; injuries and fatalities in crashes and the proportion of all crashes that result in injuries and deaths; reducing severity of crash injuries and; reduce the property damages from crashes shall be successful . ecreasing the number of drunk drivers on the road is the primary objective in reducing alcohol related harm/damage, by the use of motor-vehicles. Any implementation to reduce DWI, however, does not just fall on the states to effectively respond to the continuing issue of drunk driving but the community and ef forts of public services. References Barton, G. (2008, October 21). One drunken drivers tab: $365,000 JSOnline. In Milwaukee Journal Sentinel. Retrieved August 01, 2011, from http://www. jsonline. com/news/wisconsin/31446759. html Beirness, Mayhew, Simpson. (1997). Welcome to the Health Canada Web site | Bienvenue au site Web de Sant. Retrieved August 01, 2011, from