By Erin K
According to a survey released by the National Highway Traffic Safety Administration, fewer Americans are drinking and driving, but one in six drivers are driving while on drugs during the weekend.
The data was released on Monday, July13 from a survey conducted in 2007. The survey showed that 2.2% of drivers were legally driving drunk, with a blood alcohol level of .08% or higher.
The first time this survey was conducted was in 1973, where the data showed 7.5% of drivers had a blood alcohol level of .08% or higher. This survey was also conducted in 1986 and 1996.
Although the Transportation Secretary Ray LaHood is pleased to see the drunk driving battle is successful, he point out that “alcohol still kills 13,000 people a year on our rads and we must continue to be vigilant in our efforts to prevent drunk driving.”
The same survey also found that 16.3% of drivers on the road on weekend nights tested positive for drugs. This was the first time the survey checked for drug use while driving.
The most commonly used drugs by drivers were marijuana at 8.6%, cocaine at 3.9% and over-the-counter and prescription drugs at 3.9%.
“This troubling data shows us, for the first time, the scope of drugged driving in America and reinforces the need to reduce drug abuse,” said Gil Kerlikowske, director of the Office of National Drug Control Policy.
The 2007 survey included the answers of almost 11,000 drivers who entered random survey sites set up across the country to questions drivers who agreed to participate.
Source: CNN
By Erin K
Recently Gov. Jack A Markell signed two new bills into law to create stricter DUI penalties for people convicted of a DUI offense in Delaware.
House Bill 152: Increased Fines and Jail Time
House Bill 152 increases DUI fines for subsequent offenders, especially drivers with five previous DUI convictions. The bill also called for increased jail time for subsequent DUI offenders and creating a felony DUI for drivers with six and seven DUI convictions.
Last year there were approximately 6,916 DUI arrests, of which 59 people had been previously arrested at least five other times for drunk driving. Since January of this year, 3,213 drivers have been arrested for DUI, with 40 of those people having five or more previous DUI arrests.
House Bill 177: Strict Penalties for First DUI Offense
The second bill signed into law strengthens penalties for a first time DUI offense if the driver has a blood alcohol level of .15% or higher.
If convicted of a DUI with a BAC of .15%, the period of hard revocation for those who are mandated to have an ignition interlock device is increased from 30 to 45 days.
The driver’s license is suspended for six months instead of three, and the ignition interlock device must be used for six months.
The bill limits driving authority of an ignition interlock device licensed driver to work, home, school, alcohol treatment programs and interlock service provider appointments.
Source: Sussex Countian
By Erin K
The North Carolina Senate approved a bill that would allow repeat DUI offenders with suspended driver’s licenses a chance to earn a permit back.
If the bill is passed, people convicted of habitual impaired driving will be able to ask the Division of Motor Vehicles to be reinstated if they have had a clean criminal and traffic record for 10 years.
For those who are able to obtain a license, the law wouldn’t allow them to be driving with a blood alcohol level of any level within the next seven years.
Those who favored the bill said it’s only fair that repeat DUI offenders have a chance to get their licenses restored since others who have licenses revoked for other reasons can. But critics felt that it wasn’t right to give these types of offenders another chance.
Source: The News & Observer
By Erin K
Many of us dread work meetings and may need a little pick-me-up to help get us through like a soda or afternoon coffee.
For the most part, the meeting is over in an hour or two and we move on about our day. That was not the case for one Lehigh Valley, Pa. government official.
According to police, elected Plainfield Township Supervisors Chairman Tim Frankenfield passed out drunk at a public meeting with a bottle of whiskey next to him.
Frankenfield, who had a blood alcohol level of more than twice the legal driving limit of .08%, was taken to the hospital before the meeting was over.
The police cited Frankenfield for public drunkenness. He was fined $119.50 as a penalty.
According to court records, Frankfield was cited for public drunkenness before. In December 2006 he was fined $219.50 for public drunkenness at a liquor store in Lower Nazareth Township.
Source: LA Times
By Tiffany Sanders, ESQ.
The questions arise all the time:
- How could I be arrested if my BAC was below .08?
- How could I get suspended from work for being under the influence if my BAC was below .08?
- How could I have gotten arrested?
- How could I have gotten kicked out of the high school basketball game?
These questions reflect a common but serious misunderstanding of the meaning of the .08 “legal limit.” In every state, a person may face a DUI conviction for operating a motor vehicle “with a blood alcohol level of .08% or greater” (language varies from state to state).
That means it’s a crime to drive with a BAC of .08% or greater. And that’s all it means. States are free to pass DUI laws that also make driving under the influence a crime, and allow for conviction with a blood alcohol level lower than .08% if you show signs of impairment.
States are free to make it a crime to drive with a lower BAC if you’re a minor. States are free to make it a crime to drive with a lower BAC if you’re driving a commercial vehicle. And many do all three.
Outside the legal arena, the .08% “limit” has no application at all unless specifically adopted for some other purpose. Employers aren’t bound by it. Schools aren’t bound by it. And even the criminal justice system isn’t bound by it outside the specific statutes that refer to it.
For instance, the crime of “public intoxication” is not, in most states, dependent upon a blood alcohol level of .08% or greater.
By Tiffany Sanders, ESQ.
This week Nebraska joined the growing number of states increasing DUI penalties if the driver has a blood alcohol content (BAC) in excess of .15%.
Under the new provision, either 2 days in jail or a minimum 120 hours of community service will be mandatory for DUI offenders who cross that threshold.
In addition, the driver’s license suspension is increased to one year for these drivers.
By Tiffany Sanders, ESQ.
Recently, a visitor to the site asked how it was possible to be charged with a DUI with a blood alcohol content reading far below the “legal limit”.
Specific DUI laws vary from state to state, but there are at least two possible reasons that someone could be charged with a DUI despite a blood alcohol content of less than .08%.
One is that the driver might be under the age of 21. In many states, the “legal limit” for a driver under the age of 21 is significantly lower than .08%. In fact, in some states any trace of alcohol is sufficient to convict an underage drinker of driving under the influence.
Another possibility is that the driver had a blood alcohol content (BAC) reading somewhat lower than .08%, but also showed signs of impairment. The “legal limit” is simply the number above which a driver is automatically guilty of driving under the influence (or some related statute) without any other evidence.
However, many states also allow for a DUI offense and conviction when a driver has a slightly lower BAC reading but also fails field sobriety tests, drives erratically or otherwise shows signs of being impaired.