I believe in the saying that those who forget the past are doomed to repeat it.  Along this vein, please take a look at our picture memorial to remember some of those whose lives were lost or severely changed due to their involvement in a DWI/DUI accident.  Unfortunately, this is only a small sample of the victims out there. Please let us know if you have someone you would like us to add and send along a picture with their name and information.  Bless those who were injured or lost, and let us never forget.

Princess Diana

Jacqueline Saburido

Fredia Ann Veitch

Katie Flynn

Jacob Laliberte

Rianna Zamarripa

Bill Stracener

Samantha Reynolds

The following batch was borrowed from the DUI Victim Center of Kansas:

The following is a sampling to whet your appetite:

News Stories

What happened to our sense of fairness?  What about our sense of humor?  NY County has had to alter its online DWI Hall of Shame!  Come on, folks.  Shouldn’t we be able to spot those people from a distance?

You just have to love the Midwestern United States.  Here’s a guy that got busted driving drunk on his mower!  I don’t think this is the kind of publicity Missouri is looking for, sir.

What really irks me is when a member of law enforcement gets into legal trouble.  I know they are human just like the rest of us, but I feel they should hold themselves to a higher standard – don’t you?  That said, here is a Chicago cop arrested for a fatal DUI crash.

You know a cop has had a good night when they are able to catch two drunk drivers using the same vehicle!  Here’s a tip to any drunk passengers that think they are clever:  If you’re buddy gets stopped for dui, just keep your rear planted in the passenger seat.  The officer is not so distracted that they won’t notice the vehicle leaving.

If this isn’t enough for you, simply do an online search for “dwi news in <your state here>” and I am sure you’ll find plenty of good stories!

DWI/DUI Blogs

This first one I found pretty interesting.  They seem to indicate that our courts need some improvement in handling DWI/DUI cases.

This is a great blog about DWI across the USA.  I really like the picture of the officer on the top.  “Excuse me sir, how much have you had to drink tonight?”

Check out the DUI blog from the state of Georgia.  They have a lot of good stuff in there – like the article about Heather Locklear getting pulled over for drunk driving.  Bad girl, Heather!

A little closer to my home, the good people in Washington State are blogging about DUI issues in their state and across the country.  They have some great international stories in there, as well.

This last one is all about the state of Arizona.  Actually, it is maintained by a law firm there.  It’s interesting to see how a lawyer blogs about DUI.

Webcasts

Here’s the recent story about Yankee’s pitcher Joba Chamberlain charged with DWI.  Hmmm. . .will they be renegotiating that contract?

I just had to include this site since it does have webcasts, along with a bunch of other information.  This is for a DUI lawyer in California and I just love the site name:  topgundui.com.  Maverick?  This is Goose.  Are those flashing lights behind me?

I wanted to include this PDF calendar from the North Carolina Advocates for Justice.  Not a webcast in itself, but it has links to many related webcasts and other articles.

Since this is a fairly new medium for some, there aren’t a lot of webcasts or podcasts out there related to DWI/DUI.  However, new ones will be added as they show up.  In the meantime, you can always entertain yourself with a bunch of videos of drunk drivers and see what happened to them!

Confused.  Afraid.  Defenseless.  These are just some of the feelings of someone arrested for their first DWI.  The first thing to remember is that all is not lost!  Humans do make mistakes, and though this is a big one, it was just that – a mistake.  What you need to do now is take action to defend yourself and prepare for your upcoming trial. The best suggestion is to fill out our contact form and we’ll find you the best lawyer in your area that can help with your case.  Some people claim that having a lawyer is not necessary as the courts have certain criteria they follow for DWI/DUI cases and they will do so regardless of your representation.  However, going to court without legal representation is much like playing golf without any clubs or soccer without the ball – you’re not fully prepared.  Unless you’re an attorney yourself who specializes in DWI/DUI cases in your area, make contact with a lawyer to discuss what to do.

What are the Consequences?

Again, this may vary depending on where you live or where the crime occurred.  That said, know that the minimum you may face will be large fines, loss of your vehicle or driving privileges, and time in jail.  There are options for the first time offender to avoid jail time.

1. Electronic monitoring is where the offender wears an electronic ankle bracelet that signals the location of the wearer at all times.  The wearer will usually be allowed to go to work or school, but must be home at a set time.
2. There is the option of placement into a work release program.  The offender must work at a site designated by the Probation department, but is allowed to return to their own home each night to sleep.
3. A work furlough is somewhat the opposite of work release.  The offender gets to remain working at their regular job, but must return to a dormitory-style facility to sleep at night.  They are released each day to go to work.
4. City Jail may be an option in your area.  This is dressed up with friendly sounding names such as “weekend jail” or “private jail”.  In this scenario, the offender checks themselves into the prison for an overnight stay and is usually released the next day.
5. Sometimes the DWI/DUI is merely a side effect of a more serious alcohol or drug addiction.  If this is your scenario, a rehabilitation program would be a great start to your treatment.  While this is certainly not the case in every instance, some people who are arrested for these types of cases can best address alcohol or drug rehab as an alternative to jail.
6. For those that are multiple offenders, or have a drug or alcohol problem that has not responded to past attempts at treatment, sober living is sometimes the best alternative. These are houses, both for men and women, where all of the residents are sober. The structure of each house will vary, but residents are usually required to attend a 12-Step meeting daily, participate in house groups and functions, and perform a household chore. In addition to allowing the participant to avoid a lengthy jail stay, sober living environments have helped many improve the quality of their lives.

If you, or someone you care about, has been arrested as a result of a problem with alcohol or drugs, we urge you to seek legal counsel.  Any battle can be successful with the proper preparation.

Clearing Your Name

You might already have a drunk driving charge in your past.  You might have been caught and had a DWI/DUI case filed against you recently.  You could be in need of clearing it for the purpose of maintaining a clean background record or to maintain your employment.  This section walks you through how you can clear or significantly minimize your DUI records, get your driver license back (if necessary), and save money on vehicle insurance.

Most people don’t realize that they can completely clear their DWI/DUI records, or prevent it from showing up on any background checks.  Maybe you have an older DWI/DUI conviction record and are looking to clear it and prevent it from showing up on any background and criminal records.  A DWI/DUI conviction record yields a bad reputation and you must immediately clear it or prevent it from showing up on any of the background searches usually conducted during employment.  DWI/DUI records can be cleared in 2 methods -> by yourself and by using an attorney.

Using an Attorney

If you don’t have the information to clear the DWI/DUI records on your own, you can by using an efficient lawyer who can clear your DWI/DUI records permanently.  In that case you have to choose an attorney who specializes in handling DWI/DUI records.  Those lawyers represent your state as a DUI/ DWI defense attorney.  The attorneys must be a certified breath test operator.  They also must be a certified instructor of standardized field sobriety tests (SFST).  Research to find the best DUI/DWI Defense Law firm in your state.  These attorneys help you to get your driver license back and can point you to the right auto insurance firm that helps you save money.

Clearing it yourself

Learning how to clear your DWI/DUI record on your own is not rocket science.  You can fill out a few forms and then prevent it immediately from showing up on the public records.  After you have done that, you are relatively safe.  Your employer can’t find your records on any of the public record directories.  You can get your drivers license back and save money on auto insurance all by yourself by filling out a few additional forms and doing some research.

Now you know the methods available to clear your DWI/DUI records. Now go and remove that “X” mark from your background records as soon as possible.

Repeat Offenders

Have you heard the saying, “Fool me once, shame on you.  Fool me twice, shame on me?”  This encapsulates the feeling of the courts regarding repeat DWI/DUI offenders.  Once, and the courts may be gentle (depending on your circumstances) and you can get back to your life.  Show up again, for the same crime, and it will be much harder to look at the judge and say “oops!”  At this point, they are seeing a pattern and will come down hard to put a stop to it.

The state of Minnesota has come up with an interesting plan to get repeat offenders involved in their own rehabilitation – staggered sentencing.  This is just as it sounds.  Serve some time up front, a little more down the road, and some more further along.  Jail time broken up within the probationary period.  To quote a small piece from their 2003 brief on the subject:

“Under the staggered sentencing model, the offender has the responsibility to take the initiative to live up to the conditions of probation, to schedule a court hearing prior to the date for reporting for any subsequent segment of incarceration, and to convince the court that he or she has adopted lifestyle changes which significantly lessen the chances of further recidivism.”

This effectively attempts to keep the offender actively committed to serving their time and completing their probation.

There was a study done a while back that indicated that repeat DWI offenders could have a high mental illness rate (scroll to the bottom of the page).  The theory behind the study was that there is an underlying reason for the offense.  They looked at offenders with at least two DWI/DUI convictions.  The majority of them, both men and women, had some form of mental illness along with a drug or alcohol dependency.  Knowing this, the Pacific Institute for Research and Evaluation hopes to bring awareness that going after the offense itself is only treating the problem.  Hopefully, the court systems will keep this in mind and take a full approach to treating offenders rather than sending them to jail and moving on.

Whatever your reason for ending up in the same mess with a repeat DWI or DUI offense, take time to examine what really allowed you to re-offend.  Any online search will show you that repeat offenders are dealt with quite seriously.  If this is only your first offense, or you have never had a DWI/DUI, then stay on the right path and don’t allow it to happen to you.  If this is your second time (or third, or more) then get serious about taking care of yourself and fix any underlying problems you may have and get back to leading a clean life.

The initiative is not so much a single entity as a similar idea in local law enforcement agencies across the United States.  The concept behind this program is obvious given the name – to stop DWI offenders and keep them off the road.  You may have heard this slogan on TV or the radio, “Cops are cracking down”.  That is the initiative in your area letting people know that law enforcement is not taking lightly anyone who makes the choice to drink and get behind the wheel. The initiatives have been successful in bringing down the numbers of drunk driving-related deaths.  The 2007 Traffic Safety Facts from the NHTSA (National Highway Traffic Safety Administration) shows a definite decrease in the number of deaths due to alcohol-related driving.  It’s safe to say that each local law enforcement agency has numbers such as these for where you live.  A simple online search for your hometown should bring up some statisticssuch as these for the Stop-DWI Initiative in Broome County, NY.  Take a look and see what you find!

History of the Initiative

It’s difficult to say where the Stop-DWI Initiative first appeared.  Specific state information can even be contradictory.  This writer found a consistent message that the initiative may have first appeared in New York State.  The question of when is a little hazy.  The New York Traffic Safety Digest states that the initiative began in 1980.  However, the official website for Orange County, New York says that it began in 1981.  Whenever it “officially” began, the initiative was seen as a step in the right direction.  From the East Coast, this concept has caught on and is now included in the programs of local law enforcement across the country.

Since its inception, the initiative has evolved and expanded.  New phrases such as “Over the Limit, Under Arrest” have been heard on TV and in radio ads nationwide. My personal favorites are the posters resembling movie premieres.  In February 1999, then-mayor of New York Rudy Giuliani and other state officials gave their support in a press releaseof Justice Michael Stallman’s ruling to uphold the city’s Automobile Forfeiture Program as constitutionally valid.  In layman’s terms, this means that if you are caught drunk behind the wheel, among the other charges brought against you, you will lose your vehicle.  It’s pretty hard to be a drunk driver without a vehicle!  There is a program across Texas known as DWI/No Refusal.  This program allows police to immediately issue warrants to suspected drunk drivers who refuse a breathalyzer test.  This warrant allows the officer to have the offender’s blood drawn to confirm intoxication.  Undoubtedly, as time progresses, the initiatives of each state and the nation will change to adapt to the needs of the communities they serve.

How to Get Involved

The initiatives themselves are programs run and governed by law enforcement personnel in each county across the US.  As such, they are not so much a arena for the average citizen to get involved.  That said, there are still ways you can help.  Get involved with other local organizations such as MADD, SADD, etc.  Organize youth awareness programs and contact your local law enforcement for assistance.  The D.A.R.E. officer in my local area is personally involved in many awareness-raising events to help youth and adults alike understand the dangers of drunk driving and other issues related to substance abuse.  My own kids went through D.A.R.E. programs in the fifth grade with this officer as their teacher and “graduated” the program with full diploma stating their understanding of the dangers of drugs and alcohol.  If you’re not sure where you can be most effective, contact the law enforcement teams in your area and ask them where help is needed.  If you see a void where activity could help, but there doesn’t seem to be an organization addressing it – blaze a trail and start your own group!  All of the organizations helping in the fight against drunk driving began when someone decided they wanted to help.  You can do the same.

The Initiative and DWI/DUI Offenders

In a perfect world, any potential DWI offender would feel the threat of the Initiatives and simply choose not to drink and drive.  Unfortunately, we can see that this isn’t going to happen, so it takes work to perhaps someday end the problem of DWI/DUI.  Those offenders that have a prior DWI and make the choice to drink and drive again will find that the results are much more severe this time around.  This will be the status quo from now on.  It will be continually harder for individuals to get away with being drunk behind the wheel and those that are will face increasingly severe penalties.  One thing law enforcement is quite good at is adapting to changes in criminal activity.  People drive drunk – officers crack down.  Drunk drivers try to be sneaky – officers train and become more aware of how to spot them.  One important note for any potential DWI/DUI offender – you will be caught.  At the very least you run the risk of losing your driving privileges and your vehicle and maybe spending some time in jail.  At the opposite end of the scale, you could take the life of an innocent person.  None of these outcomes are worth it.  Save yourself and everyone else the trouble and heartache.  Don’t drive drunk.

All traffic officers must have reasonable suspicion that a driver is drunk in order to stop them for such an offense.  There are many visual clues that indicate a driver may have been drinking or be under the influence of other intoxicants.  Some of these you may already be familiar with. The officer may note the vehicle swerving or unable to stay within its own lane.  Unnecessary changes in speed – fast to slow, then slow to fast – at random intervals may indicate someone who has been drinking.  Essentially, any driving behavior that seems “out of the ordinary” is enough probable cause for an officer to pull a vehicle over to investigate.

Anyone that has been to a party or public event where alcohol was served can probably recognize the physical signs of someone who is intoxicated.  Slurred speech, lack of focus, red or unclear eyes – all good signs that someone could be drunk.  When an officer asks for a suspected DWI or DUI offender to get out of their vehicle, the officer will be watching for other signs of intoxication.  Does the driver get out smoothly or do they stumble?  Do they stand upright in a fluid manner or do they seem off-balance?  These signs are enough for the officer to decide if they should administer a field sobriety test.

Field Sobriety Test

There are a few tests the officer can administer to verify the intoxication level of a driver.  The first (and these can be done in any order) is the “watch my finger – or flashlight – with your eyes and don’t move your head” test where they check for horizontal gaze nystagmus.  This is a medical term meaning “do your eyes move smoothly from side to side or are they bouncy?”  There are a few medical conditions that could make this test inaccurate, such as physical trauma to the eye, etc.  Also, if the offender is wearing corrective lenses they will be asked to remove them (if vision allows) as the officer needs to clearly see the offender’s eyes.  Contact lenses or a glass eye will also invalidate this test.  There is also speculation that flashlights should not be used for this test as they can cast shadows which could confuse a suspect’s eyes regardless of their level of intoxication.

Another common test is the “walk and turn: test.  This is where the officer will have the suspect walk a set distance along a straight line in order to gauge balance as an indicator of inebriation.  The straight line used is often the outer boundary line on the road itself.  If in town or another area where it is not safe to use this line, then having the suspect walk next to a curb or along the edge of pavement can also work.  The area should be level, dry, and non-slippery for the test to be effective.  For this test, the officer is required to give a detailed demonstration along with clear verbal instruction as to who the suspect must do the test or it can be deemed invalid.  The test usually has the suspect walk, heel-to-toe, for nine paces, turn, and return to the starting point.  The suspect must also stand heel-to-toe while the officer gives the instructions.  The officer will watch for swaying or loss of balance while the suspect is listening to the instructions.  While the suspect is walking, the officer will watch for loss of balance, arms more than six inches away from the body to steady themselves, an unbalanced turn, etc.  Any of these indicators scores a “point” against the suspect.  If the officer gives two or more points, that is indicative of intoxication and the suspect could be arrested.

The last common test for DUI/DWI is the “stand on one leg” test.  This one also must be on a level, dry, non-slippery surface to be valid and must also begin with clear instruction and demonstration by the officer.  This test consists of the suspect standing on one leg (they choose which leg) with the other out in front of them at least six inches off the ground.  In this stance, the suspect must stand still, with arms at their sides, and count aloud to 30 in the form of “one-one thousandth, two-one thousandth . . .”  This is also scored with “points”.  If the suspect sways excessively, uses arms more than six inches away from their body to balance, counts excessively slow, or has to hop or put their foot down to prevent falling – they will rack up points.  Again, two or more points will earn the suspect a trip to jail.

Arrest

The arrest procedure for a DWI/DUI is pretty much the same as for any other offense.  Once the officer determines that an arrest is necessary, it should be declared – “Sir/Ma’am, I am placing you under arrest for DWI.”  This way, the offender knows that they are being placed under arrest, and the officer is protected by following the rules of an arrest.  The first step is to read the Miranda warning.  This reading lets the offender know specifically what their rights are during the arrest procedures.  This warning, sometimes referred to as Miranda rights, came about from a 1963 trial of Ernesto Miranda.  He was arrested for kidnapping and rape of an unknown woman.  He confessed to the crime before being told of his constitutional right to remain silent and to have a lawyer present.  He was convicted and spent about three years in jail, but the case was eventually overturned when the Supreme Court ruled that Miranda didn’t understand his rights before making his confession.  Since the same situation can arise should an arresting officer not read an offender their warnings, it is common practice for the arrest procedure to begin, “You have the right to remain silent. . .”.

Testing of Body Samples

People do know of the breathalyzer test as the most common “test of the body” when a driver is suspected of being intoxicated.  However, in some states, it is admissible to collect a urine sample of a DWI/DUI suspect should the breathalyzer results and the officer’s opinion differ.  A urine test can give a more accurate picture of what chemicals, be they alcohol or others, are in a driver’s system around the time of the offense.  Many people may not realize that many drugs and medications, along with alcohol, stay in the body for some time after use.  Note the following list:

Heroin/Morphine 1-3 days (possible only one day); Methadone 1-2 days (very dose dependent); Dihydrocodeine 4-5 days (in high concentrations); Codeine 2-3 days; Pholcodine 10-15 days; Amphetamines 1-2 days (can be detected up to 4 days); Cocaine 12 hrs – 3 days; Benzodiazepines 1 day – 3 weeks (acute v. chronic use); Barbiturates days – weeks (dependant on type); Ecstasy 2-4 days; Temgesic 2-3 days; Alcohol 12 – 24 hours

A much more accurate picture of a person’s intoxication, and by what means, can be derived from a blood test.  This is the same type of procedure as when you go to the doctor a checkup.  A standard syringe can be used to draw a vial a blood for the testing procedures.  This will give a very detailed breakdown of what chemicals are in a person’s blood, be they legal or not, and what amounts of each are present.  Due to the cost and time involved, most states don’t allow a blood draw as admissible evidence against a DWI/DUI offender unless that person was admitted to the hospital as an injured party in an auto accident.  In that case, a blood draw is usually standard procedure and can then be admitted into a court case as evidence of intoxication in the offender.

Charging/Trial/Sentencing

The “official” charging of an offense such as DUI/DWI occurs at the time the offender is arrested.  When an arresting officer makes the statement “You are under arrest.  You have the right to remain silent” etc., that is the moment that the person has been charged with the crime.  This is the beginning of the legal process and does not always reflect what the final outcome of the trial.  It is usually best at this stage for the offender to say as little as possible (hence the “right to remain silent”).  During most trials, the statements and observations of the arresting officer and other involved law personnel can be taken into consideration in the case against the offender.  Even with this knowledge, as anyone who has watched an episode of COPS or some of the new “traffic arrest” based shows, drunk drivers are rarely quiet!

As with any trial, a court appearance for DUI/DWI has its preparation time.  This allows the defendant to get educated about all the ways they may make a case against the charges brought to the court.  There are many ways to beat a DUI/DWI charge, so it’s best to learn and be prepared.  An easy mistake for the offender to make is thinking that the prosecuting team is sitting around waiting for the court date to come.  “Maybe they are to busy with other cases and won’t prepare for mine; maybe they don’t know the DUI/DWI laws in this state very well; maybe my case just isn’t that big of a deal.”  Seriously, these thoughts go through the lazy offender’s head.  If you are having these thoughts, get yourself in gear!  The prosecuting team will be prepared with knowledge to bring a strong DWI case against you.  You must be prepared as well.

Hopefully you have come to this site due to your first DUI offense.  If you have had more than one, then there may be other issues to address to fully help yourself out of this situation.  If this is your first time, don’t tell yourself that all is lost!  You simply need to be prepared and act quickly to have the best outcome of your trial.  An important step is to educate yourself so you are aware of what sentencing you may receive.  At some level, the court will require that you make good on the problems you have created.  This may include fines, community service, wearing of a SCRAM bracelet, jail time, or any combination of these.  Make sure that you follow the sentencing you are given.  The last thing you want to do is ignore what the court requires and thereby compound the problems you are already having.

Courts and DWI/DUI

The simple statement to make is that no court likes to see a DWI/DUI case come into the room.  Realisticly, no court case is “good” – if everyone would make solid, positive decisions and be careful during their daily activities, the majority of court cases could be avoided.  That said, the courts want to do everything in their power to make sure that anyone convicted of DWI/DUI only comes into their courtroom for that one case only – and makes no reason to return.  If a drunk driver makes attempts a repeat performance, the court will simply come down harder on them for their actions.  There are plans to deal with these hardcore drunk drivers and the court takes a strong stance in opposition to these people.

The courts, and society in general, wants to eliminate the occurance of underage drunk drivers.  The logic behind this is that the more we do to stop underage drinking in general, and by that course underage drunk driving, then the problem of adult drunk drivers will be reduced as time passes.  The good folks at the Century Council are doing their part to stop underage drunk driving.  Other organizations are also doing what they can to educate today’s youth against the dangers of drunk driving.

Frustrated parents commonly point fingers at the entertainment industry for glamorizing being drunk and take the easy road by blaming anything and anyone they can.  The reality is that all parents have the power to control their children’s choices to a large degree.  The moment a parent decides they can’t control their kids – they have made the choice to lose the battle.  Like this writer tells his own children, “whether you think you can or you can’t – you’re probably right.”  Hopefully the parents taking the right steps to educate their children against drunk driving and the problems alcohol can cause are not the same parents giving their kids alcohol at home.  The best way to teach today’s youth about the problems of alcohol and drunk driving is TO TEACH THEM!  Ignorance may be bliss, but it can also allow many problems to arise.  Be involved in what your kids are doing, get them involved in community action programs like SADD, and you will go far in keeping them safe from poor choices down the road.

In the United States, drunk driving is the leading cause of criminal death.  Approximately 40% of all motor vehicle related fatalities are alcohol-related!  More than 17,000 people are the victims of drunk driving accidents each year.  If you do the math, it turns out that alcohol-related car crashes kill someone every 31 minutes and injure someone every two minutes.Overall, there was a 3.7% decline in drunk driving deaths from 2006 to 2007.  32 states had decreases in the number of DUI/DWI fatalities, but 18 (plus Washington D.C. and Puerto Rico) had increases.

National Drunk Driving Car Crash Statistics (2007)

The following stats represent total state-by-state auto accident fatalities in 2007 and the percentage of deaths in car crashes that involved a driver who had .08% blood-alcohol content or higher.

Drinking – Not Just for Spring Break, Anymore!

We all know about, excuse me, have heard about *ahem* the wild parties and heavy drinking that goes on at some colleges or during college Spring Break parties.  But guess what?  That’s right, parents.  Drinking is becoming more common, and at a younger age, than ever before.  I found this fairly alarming list from the great people at SADD:

Underage Drinking

• In 2005, about 10.8 million persons ages 12-20 (28.2% of this age group) reported drinking alcohol in the past month. Nearly 7.2 million (18.8%) were binge drinkers, and 2.3 million (6.0%) were heavy drinkers. (1)
• Three out of every four students (75%) have consumed alcohol (more than just a few sips) by the end of high school. (2)
• The rate of current alcohol use among youths ages 12-17 declined from 17.6% in 2004 to 16.5% in 2005. Youth binge drinking also declined during that period, from 11.1% to 9.9%. (1)
• In 2005, more males than females ages 12-20 reported current alcohol use (28.9% vs. 27.5%), binge drinking (21.3% vs. 16.1%), and heavy drinking (7.6% vs. 4.3%). (1)
• Young adults ages 18-22 enrolled full-time in college were more likely than their peers not enrolled full time to use alcohol in the past month, to binge drink, and to drink heavily. (1)
• About two fifths of students (41%) have consumed alcohol (more than just a few sips) by 8th grade. (2)
• More than half (58%) of 12th graders report having been drunk at least once in their life. One fifth (20%) of 8th graders report having been drunk at least once in their life. (2)
• Adults age 21 or older who had first used alcohol before age 21 were more likely than adults who had their first drink at age 21 or older to be classified with alcohol dependence or abuse (9.6% vs. 2.1%). (1)
• In 2005, 85.6% of youths ages 12-17 reported that they strongly or somewhat disapprove of peers having one or two drinks of an alcoholic beverage nearly every day. (1)

1. 2005 SAMHSA National Survey on Drug Use and Health
2. 2005 Monitoring the Future

Small Town vs. Big City

It’s easy to assume that big cities would have more of an issue with drunk driving than small towns.  The odds are that cities have a higher population which translates into more people and more chances for accidents to occur.  Also, there are typically (depending on what part of town you are in) more bars within a set range than there are in smaller towns.  That said, this writer grew up in a small town and there was definitely no shortage of drinking and other problems among my peers.  Have you read the story about the Ransdell Family yet?  Those boys were friends of mine.  The small town mentality, unfortunately, is that there’s nothing else to do so we might as well get stupid.  That’s my personal quote, feel free to use it.  So many times, I heard stories about people obtaining alcohol and “going camping” with the sole goal being to get drunk.  Why?  There was nothing else to do.  The truth is that it doesn’t matter at all where you live, be it bustling metropolis or Podunk, USA.  Alcohol can find its way into the hands of anyone that really wants to get it.  The job for parents and other wary adults is to keep an eye out for those that are being irresponsible and to take action to prevent any problems.

International Statistics

There seems to be a few years of lag time between gathering of drunk driving statistics in foreign countries and their release to the world.  There are many news stories, but not a lot on recent facts – this page will be updated as current statistics are released.

Some countries are just recently getting on board by implementing drunk driving laws. The Road Traffic Safety Law of the People’s Republic of China is a law which was passed by the National People’s Congress of the People’s Republic of China on October 28, 2003.  It was initiated by Decree No. 8 of the President of the PRC, Hu Jintao, and took effect on May 1, 2004. This occured on all parts of mainland China (but not in Hong Kong and Macau which have their own judicial systems). It is the People’s Republic of China’s first-ever law on road traffic safety.  It was intended to address an alarmingly high traffic fatality rate, which is four or five times greater than other nations.

On average, 3,000 people are killed or seriously injured each year in drink-drive collisions in Great Britain. Nearly one in six of all deaths on the road involve drivers who are over the legal alcohol limit.  Drinking and driving occurs across a wide range of age groups but particularly among young men aged 17-29 in both casualties and positive breath tests following a collision. When the Government first published statistics in 1979, 1,640 people were killed in drink-related crashes. The latest provisional figures, from 2003, show that some 560 people were killed in crashes in which a driver was over the legal limit.

News that the increase in the annual Victorian road toll has been slight is no cause for celebration. Every road death is unnecessary. The road toll for 2004 was the second lowest on record, up slightly on the previous year. Victoria has the lowest road death rate in Australia on a per-capita basis. But the trends suggest there is no room for complacency. Double the number of cyclists were killed last year. There was a 20% jump in pedestrian deaths and the number of women killed increased by almost one-third.

The Traffic Police mounted a six-hour traffic blitz on (2004) New Year’s Eve between 11pm and 5 am in Singapore. From road blocks set up along five different roads in several parts of the island, 176 motorists were caught, including 139 for speeding and 11 motorists who were stopped for driving under the influence of alcohol. The Traffic Police says it has noted that more people have been injured or killed on the roads on the first three days of the New Year holiday. It has appealed to motorists to be patient and cautious while driving during this period.

South Africa indicates that its death toll is holding steady compared to last year.  About 1,200 people have lost their lives to drunk driving.  But the image on Ugandan roads is still very gloomy. In the last 10 years the rate of accidents on roads have gone up by 96 per cent while deaths due to accidents have increased by 55 per cent. This year alone, every month between 120 and 150 deaths occurred countrywide and up to 5,010 people had serious injuries.  During the last week of December, 2004 37 people were killed and 63 others were injured in 97 different road accidents in Zimbabwe.  According to the Korea Insurance Development Institute on Sunday, out of 725,796 car accidents on which insurance claims were made during the 2003 fiscal year — from April 1, 2003 until March 31, 2004 — 24,036 accidents (3.3 percent) resulted from drunk driving.  The percentage of accidents involving serious offences such as hit and runs and driving without a license was highest in North Gyeongsang province with 21.1 percent, followed by Jeju and Gangwon provinces with 20.9 and 20.2 percent, respectively.

The list goes on and on from countries around the world.  As more recent statistics come in, this site will be updated with that new information.  Come back often to see what’s new!

There are typically many signs when someone has had too much to drink.  Some may wonder if there really are outward signs, why don’t people stop intoxicated people from driving their car?  All too often, if someone is choosing to drink and drive, they are around other people that have been drinking as well.  If they’re fairly intoxicated, the signs could be missed.  There’s also the possibility that people just don’t know what to look for.  If the latter might be you, please read on. . .

General Behavioral Signs

There are a number of signs that someone is drunk.  There is a list of 50 signs of visible intoxication put together by the OLCC (Oregon Liquor Control Commission).  This lists what many of us might think of – slurred speech, not walking straight, spilling their drinks.  But what about drowsiness?  Mussed hair and disheveled clothing?  Foul language and argumentative?  Some things we write off – “He said he just felt tired and wanted to get home” or “She seemed cranky, but she had a bad day at work.”  The goal is to be observant and notice any changes that are abnormal – out of the ordinary for that particular person.  So, if you routinely spend time with fatigued slobs that swear all the time – you better have a sharp eye!

When Getting Into/Out of a Vehicle

Under normal circumstances, most people could get into their vehicle without too much trouble.  Unlocking the door (even without remote unlocking), getting into the car, finding the ignition.  These are things most of us take for granted when driving; things we simply “do” as part of driving.  However, when someone has been drinking (even without being “drunk”) they could exhibit signs.  Pay attention to how they use their keys.  Do they get the right key quickly or do they fumble with their keys and have to search for the one they need?  Do they get into their vehicle smoothly or does it seem like a chore?  Do they behave as if they are in an unfamiliar vehicle?  That is a big one.  Searching for the ignition, seeming to be unfamiliar with the vehicle’s controls, etc.  All are signs that this person may be intoxicated and should not be driving.

Physical Signs While a Vehicle is in Motion

First we will look at the driver from inside the vehicle.  If the driver seems to be disconnected from the task at hand or to “space out” or get distracted from driving easily, this could be a sign of intoxication.  Other signs could be if the driver gets lost easily or repeatedly while driving, swerves within their lane or from lane to lane, or changes speed (fast, then slow, then fast) for no reason.  Also, if the driver doesn’t pay attention to the road when talking – they look at you or are looking around (anywhere but at the road) – they may be intoxicated.  The safest bet is to take action if you think your driver is drunk.  Get them to stop and drive for them or find another way to get everyone home.

From outside the vehicle, many of the signs are the same.  Swerving, random speed changes, excessive braking – all are visible signs that a driver may be drunk.  A good rule of thumb when approaching a vehicle from the rear is to watch their front tires.  Even the smallest turn of the steering wheel will be noticeable in the movement of the front tires.  If the vehicle is towing any sort of trailer, these signs are magnified.  If the swerving were to get bad enough, the vehicle could “fishtail” (the rear of the vehicle tries to lead the front of the vehicle) and lose control ultimately resulting in an accident.  These signs are good ways to gauge which way the vehicle may go next.  If a driver near you seems intoxicated – proceed with caution!

How to Stop a Drunk Driver

The simple answer is to stop them!  The more in-depth answer here can range from easy to quite difficult, so be prepared.  When someone is confronted regarding their level of intoxication, the response is varied.  They could react fine and thank you for looking out for them.  They could behave stubbornly and not want to listen.  All too often, they react violently and start fighting back.  Ever watched that show COPS?  Drunks aren’t at their best and certainly not the most cognitively aware.  If you decide to intervene when someone is planning to drive drunk, again be prepared.  You may have to return force with force in order to stop them from hurting themselves or others.

When you are the cause of a DUI/DWI accident, a lot happens in your world and it’s easy to get overwhelmed.  Court proceedings, participation in VIP’s (Victim Impact Panels), apologizing to the victims and their families, etc.  One suggestion is that you find time, as soon as possible, to do some introspection to discover what led you to make the choice to drink and drive.  It is rare that someone “just happens” to drive drunk. Obviously, there is a lack of preparation to the events of your day.  If you know you’ll be drinking – get a designated driver, take a cab, walk!  Do anything but allow yourself to get behind the wheel after drinking alcohol.  Aside from the legal ramifications, the chance that you could hurt or kill another person is just too great.  Is this the first time you have driven drunk?  Often it is not.  Take stock of your life and discover if there is a negative pattern that is allowing you to take these chances.  Accept the problem, take measures to correct it, and move on to lead a more positive life.

Heal Yourself from Within

This is right in line with the section above, but it is separated due to the fact that too many people discount the effectiveness of mental help.  There is more than just “the issue at hand” when dealing with any issue, be it alcoholism or something else.  Often there are mental “road blocks” – thinking errors – that may prevent you from accepting help.  There are some people that get so lost in their own thinking errors that they may not be able to detect (on their own) that they have any problems.  Whether you figure it out, or it needs to be pointed out to you, take your mental health seriously.  Find a counselor that you are comfortable talking to and get to the root of your problems.  You’ll be glad you did!

Find Ways to Make Amends

Making amends with the victim(s) and their family/ friends is not “just the right thing to do” for them – it allows some healing in your own world as well.  Getting involved with your local Victim Impact Panel is a good start.  If the victim and/or their friends and family are willing to get involved with you, it will provide a safe environment for you all to let out how you feel about the accident.  If you are sanctioned by the court to serve jail time, pay fines, go to rehab – whatever – realize this is your chance to (in some form) make up for the problems you caused.  Approach it as an opportunity to grow – not as an annoyance.  In this way, you will be able to learn, change out of your negative behaviors, and be better off.  You can also find ways to make good in the community in which you live.  Look, everyone makes mistakes – sometimes they’re big ones.  However, the measure of a person’s worth is not so much that they are perfect all the time, but how they respond to the failings in themselves.  If property was damaged during your accident, offer to do the work to repair it (if your insurance won’t cover a pro).  Give speeches at local schools or organizations about the dangers of drunk driving.  Get creative!  There are always different things you can do.

As a definition, Victim Impact Panels (VIP) are a place where friends, family, and victims themselves can come together face-to-face with DUI/DWI offenders and tell them of the tragic outcomes of alcohol-related traffic accidents.  These sessions are usually moderated, or at least begun and ended, by a member of law enforcement and are typically very emotionally charged.  These programs were set-up by MADD and are not designed to “point fingers and place blame, but . . . to change the thinking and behavior of those present.” While MADD claims that these panels are effective at reducing the number of drunk drivers on the road (or at least the number of repeat offenders) some feel that Victim Impact Panels are ineffective.  As with many things, it could simply be that you get out of it what you put into it.

Key Players in the Panel

• Victims:  Obviously, surviving victims of alcohol-related accidents will have much to share about their experience and be able to give first-hand account of their thoughts and fears at the time of the accident.

• Family:  Members of the victim’s family can give testimonial as to how the accident has effected the victim emotionally and physically as well as how it made them personally feel (fear of losing loved one, anger at offender, etc.)

• Friends:  Similar to family members, friends can give different viewpoints to how the accident has perhaps changed the emotional and physical activity of the victim.  Often, a long-time friend can give a recommendation similar to that of a family member.

• Offenders:  These players are primarily present to listen.  This is a chance for them to hear what their actions have done to other people.  Perhaps they crippled someone – or worse, took someone’s life.  No matter what happens, a drunk driving accident never has a good outcome.  Regardless of the number of people telling of the lack of effectiveness for these panels, many participating offenders claim that the panels really hit home with them.  They claim they will never offend again and feel true remorse for their actions.

Can I Get Involved if I am Not a Victim?

Of course!  As you can see above, there are many players in the VIP’s.  It’s great to get involved as a friend or family member to support a surviving victim that is present.  If you have lost someone to an alcohol-related accident, you can be their voice in the group and reach out and effect change in the offender and hopefully keep them from re-offending.  Even if you are not a victim yourself or have no relationship with a victim, you can still help out.  Contact your local VIP and ask what you can do to assist their efforts.

Links to Victim Impact Panels

To find your local Victim Impact Panel, your best bet would be to contact MADD directly and they can tell you where to go.  If you rely as I do on finding what you need online, a quick search may reveal one close to you.  Try “Victim Impact Panel <your city and state>” and see what you find!

According to the NHTSA, in the US in 2007 there were 12,998 people killed in alcohol-related crashes.  Given that there were 41,059 total traffic fatalities during the same year, you can see that drunk driving is a serious problem.  It is true that the report shows this is an almost 4% decrease over the previous year.  While this is good news, we can surely do better. The current “legal limit” for a person’s blood alcohol content (BAC) in North America (this includes Canada and Mexico, in case you’re curious) is 0.08%.  This does not mean that a BAC level lower than that gets you off the hook.  The facts state that you can still be charged with a DUI/DWI with a BAC level below 0.08%.  The rules get tougher for commercial drivers (semi-trucks and the like) as they get charged for hitting 0.04%.  The crackdown is even more severe if the drinker is under the age of 21.  The US practices a “zero tolerance” law meaning that anyone under the age of 21 driving with a BAC of  0.01% (0.02% in some states) or more will be arrested.  This sounds like a good plan to keep the youth of the country safe, but many feel that zero tolerance is ineffective.  The safest rule, regardless of age?  To quote an ad campaign from the past, “If you drink, don’t drive.  If you drive, don’t drink.”  There needs to be probable cause for law enforcement to stop a vehicle for the purpose of testing for alcohol consumption.  These tests include a breathalyzer, counting or saying ABC’s backwards, walking a straight line or standing on one leg, etc.  Even with probable cause, in the US the driver must submit to the testing before an officer may proceed.  Even though it is an option to take the tests, the penalties of not taking them can be considerably worse.

South America

There are BAC laws in effect for South America, though they vary widely across the country.  In Cuba and Panama, the limit is a whopping 0% – no alcohol in the system at all.  It varies across the country up to a familiar 0.08% in some countries such as Uruguay and Suriname.  I like the little addition in Costa Rica (0.049%) where they remove the license plates from the drunk driver’s vehicle.  Beyond these facts, and a few related articles on Brazil, little research has been done on the DUI/DWI laws of South America.  The few things found indicate they follow similar procedures as North America, but nothing specific could be found.  As new results are released, this page will be updated – so keep checking back!

Europe

If any of our readers watch a cable show called “No Reservations” on The Travel Channel, then you may already know that Europe in general has more relaxed ideas towards drinking.  Drinking is typically more common an occurrence across Europe and is seen as more acceptable, even among youth, when done in social settings and in moderation.  As such, European drivers tend to be more responsible when it comes to drunk driving.  Quite simply, they try not to do it.  There’s a wide range of BAC limits across Europe, as could be anticipated.  We see all levels from zero in Romania up to 0.08% in Italy and Ireland (where it was recently lowered to 0.08%).  There are a few “higher limits” for the more inebriated drivers.  If you run 0.10% in Sweden you can get up to two years in prison.  Blowing 0.12% in Finland nets you an aggravated DUI charge.  As one might assume, given that these laws are more strict and the general thought in Europe is that people are going to get caught, occurrences of DUI/DWI are relatively low.

Asia

Asia has generally stricter rules regarding alcohol consumption in general and especially with regards to drinking and driving.  The only 0.08% limits were found in Malaysia and Singapore.  The others were mainly 0.05% and below.  Pakistan goes one step further and has made drinking alcohol illegal in any situation.  Punishment for drunk driving was similar across the continent in that the result in most circumstances was jail time.  To sum it up, while drinking is fairly common in most parts of Asia, drinking and driving is just not acceptable.

Africa

There simply isn’t much in the way of information on DUI laws and the like in Africa.  There are a few tips and suggestions on driving in Africa, though nothing regarding specific laws.  There is another organization of SADD found there, but it is known as South Africans Against Drunk Driving.  South Africa, you may know, is predominantly Caucasian and there is a long history of apartheid in South Africa.  Given the seriousness of issues facing daily life of the average African, perhaps there are more important things to worry about than driving.

Australia

Australia is fairly strict on the drunk driving situation.  Breathalyzer tests are common as they use RBT (Random Breath Tests) and Sobriety Checkpoints throughout the country.  The BAC limits for drivers are pretty much the same across the country.  There is zero tolerance for any young (usually under 25) drivers or drivers of commercial vehicles – the Capital Territory, New South Wales, and Western Australia give a limit of 0.02%.  For any other drivers, there is a country-wide limit of 0.05%.  South Australia tacks on a zero tolerance for methamphetamine, Cannabis, or MDMA (ecstasy).  Victoria adds that plus a list of other provisions:

• Limits apply within 3 hours of driving – that is, Police can require a person to submit to an alcohol or drugs test within 3 hours of driving and it is an offence to fail that test (see Road Safety Act 1986, ss. 49, 53 and 55E).
• Licences cancelled for certain serious drink-driving offences may only be reissued after obtaining a court order. This is the case for repeat offenders, and first offenders above 0.15% . In such cases, the re-licensed driver is subject to a zero limit for 3 years following re-licensing, or for as long as the person is required to use an alcohol interlock.
• Alcohol interlocks must be imposed whenever a repeat drink-driver is re-licensed.
• A court also has discretion to impose an alcohol interlock when re-licensing a first offender in certain serious cases, generally when the offence involves a BAC of 0.15% or higher.
• If a doctor sees any patient who is aged 15 years or over as a result of a motor vehicle accident, the patient must allow the doctor to take a blood sample for testing for alcohol and drug content in a way that preserves the chain of evidence. If this process is skipped the doctor may not be able to discover the alcohol blood level. The results can be used as evidence in subsequent court proceedings.
• The law allows a police officer to require any driver (or any person who has driven a vehicle within the last three hours) to perform a random saliva test for methamphetamine, Cannabis or MDMA, all of which are subject to a zero limit (see Road Safety Act 1986: ss. 49, 55E & 55D)

Wow!  Don’t tempt the law by drinking and driving in Australia.  If you plan to travel in Victoria – get a bicycle.

Antarctica

As the seventh continent, it needed to be mentioned.  Unfortunately, the penguins just aren’t talking and the polar bears haven’t returned our calls.