Alcohol, the #1 highway safety problem.

• 38% of all highway deaths are a result of alcohol impaired drivers.

• The good news (if there is any) is that 2/3 of those killed are the impaired driver. Not the other persons.

• That still leaves about 4,000 innocent victims each year.

Drugs other than alcohol

• We will address this in the next unit. Just understand that the “other” drugs are a serious problem on our highways and getting worse each year.

Alcohol use in the US

• Alcohol is the #1 abused drug in the US.

• It is responsible for many of our ills from traffic deaths to child abuse and domestic violence.

Here are just some

• a. 100,000 alcohol-related deaths (all) b. 36,000 alcohol-related accidental deathsc. 25 million “problem drinkers” (pc for Alcoholics) d. 10% of social drinkers become problem drinkerse. Alcohol abuse costs us $600 billion/yearf. 38% of all motor vehicle deaths are alcohol related. g. 30% of suicides are alcohol involvedh. 25% of all hospital admissions are alcohol relatedi. Fetal alcohol syndrome (and Fetal alcohol effects) just

ask any teacher.

Now to Highways

• Of the 34,000 highway deaths each year in the US, there are about 13,000 alcohol related (DWI) traffic deaths each year in the US.

• That is the 38% figure.

• In addition, there are about 600,000 serious injuries caused by these impaired drivers.

What is your risk?

• Nearly 40% of Americans will be involved in a serious impaired driving accident intheir lifetime.

• How can you reduce your chances?

What are your chances of getting caught?

• North Carolina arrests 10s of thousands each year for DWI, with a 55% conviction rate.

• A good lawyer will cost $700 for a simple case, $5000 and up for a death by vehicle case.

• It is at the top of the list for enforcement priorities.

• Booze it and Loose it. North Carolina leads the way nationally in enforcement.

Why should I care?

• North Carolina spends about one billion dollars each year on drunk driving. Over$200 per licensed driver in the state.

• For every $1 we collect in taxes on alcohol, we spend $13 to deal with it.

A serious problem

• Alcohol abuse is the leading cause of accidental death, injuries and economic loss in North Carolina and the US.

Young people and DWI• a. 25% of males killed under 21 are impaired, 12% of females.

b. 50% plus, of males 21 to 30 killed, are impaired, 25% of females.c. 40-60% of high school students report drinking in the last 30 daysd. 20-25% of high school students report getting drunk in the last 30 dayse. 10-30% of high school students report drinking and driving in the last 30 daysf. 30-40% of high school students report riding with a drinking driver in the last 30 days

• Don’t try to remember these, you might go crazy. Just understand the seriousness of the issue.

• The last one, f, is one that no one seems to be addressing. I will.

What is Alcohol?

• Butyl alcohol, a glue or varnish

• Methyl alcohol, a solvent

• Isopropyl alcohol, rubbing alcohol

• Ethylene glycol, anti-freeze

• Ethyl alcohol, the type you drink

Ethyl Alcohol

• All ethyl alcohol is the same, it is derived from several different sources. Grain, fruit, barley, hops.

• When you mix types of ethyl alcohol, they go into your blood as the same thing. The BAC, (Blood Alcohol Concentration) will measure the Ethyl alcohol regardless of the type of drink.

Percents?

• Alcohol percentage varies greatly. But normally percentages are:a. Beer 0-6%b. Wine 10-20%c. Liquor 40-50%

• They are all ethyl alcohol, just the concentration/drink is different.

Medically

• Alcohol is a sedative, a depressant or tranquilizer.

• It sedates the central nervous system.

• What is the major part of your central nervous system? That’s right.

• Significant sedation can start to occur at very low BAC.

Alcohol is eliminated from the blood by:

• a. Liver-90%b. Breath-8%c. Sweat glands-2%

• Running around, showers, coffee, water do little or nothing to reduce alcohol from your blood system. Your liver has to process it and there is nothing you can do to speed that process up. TIME.

All you get when you get a drunk to exercise, drink coffee, etc.

• Is a wide awake drunk

Your text has a similar chart to this one, remember weight is only one of many

factors to BAC and it’s effects.

Alcohol sedationof the brain

is progressive

The Effects of BAC

• A. Reason and judgment .02 and upB. Sensory .06-.10C. Motor coordination .08-.10D. Vision .08-.10E. Speech .08-.10F. Sequential abilities .08-.10G. Hearing .08-.10H. Respiration .20 and upI. Heart rate .20 and upJ. Body temperature .20 and upK. Death .50

Factors in intoxication:

• a. Weightb. Type of drinkc. Rate of consumptiond. Food in stomache. Agef. Fatigueg. Emotional stateh. Drinking experiencei. Tolerance to alcoholj. Male or femalek. Other drugs in the body

What might your abusing alcohol cost you?

• a. Alcoholismb. Injury or deathc. Causing injury or deathd. DWI loss of licensee. Increased insurance rate (+900%)f. Court costs and feesg. Professional costsh. Personal costsi. Gradesj. Weight gain

• Can you think of others?

What you should do when being a Designated Driver

• a. Don't drinkb. Know your ridersc. Set rules up front (sober)d. Limit the # of people to take care ofe. Take all keysf. Agree on payment of gas, food, clean up

Problems you might encounter as a DD

• A. Dealing with someone's parentsB. Clean up of a vehicleC. Dealing with intoxicated personsD. Sexual victimization

• What might be some others?

Let’s look back a second• Drunk driving reform started in the 1970s. A major contributor was Candy

Lightner, the founder of MADD. MADD was a "grass roots" organization founded to change drinking laws, courts and enforcement dealing with the drinking driver. Ms Lightner lost a daughter to a drunk driver with 20+ DUI arrests.

• President Reagan appointed a National Task force on drunk driving in 1981. • NC Governor Jim Hunt appointed a state task force on drunk driving shortly

there after. These task forces, made up of lay people, traveled the country and state hearing from lay people what needed to change in regard to drinking and driving. Recommendations included:

• raising the drinking age to 21; • seat belt laws to protect against drunk drivers; • lowering legal BAC limits to name a few. Many of these laws were enacted

in 1983 in NC. Referred to in NC as the Safe Roads Act. This was the first real step towards reforming drunk driving laws in NC.

• There have been several changes since then and we will address many of these next.

Safe Roads Act:

• DUI to DWIUnder the old DUI laws in NC, officers had to prove that drivers were “Driving Under the Influence".

NC's new (1983) DWI law, only requires that a driver be above the legal BAC (.08) limit to be Driving While Impaired.

This allows for road blocks such as "Booze it and Lose it". There isno probable cause necessary stop, charge and convict. Only BAC.

Is .08 the only BAC?

• The legal BAC limit was set at .08 in 1993.

• Now the legal BAC for second offenseis .04

• and subsequent offenses .00 is the legal limit. Anyone above the limit isDWI.

• Commercial vehicles is .00!

Pre-trial Revocation

• The penalty for refusing to take a breathalyzer is a 30 day pre-trial revocation of license and a one year revocation of license without limited privilege available.

• Being above .08 is also a 30 day pre-trial revocation of license.

• Then you get to go to trial/court and lose it again for a year. Later.

Recent law change

• Police can now get search warrants for a blood test after a refusal when someone isinjured in an accident.

• This help the injured recover damages because it can prove impairment. (BAC)

Does lowering the BAC work?

• After NC lowered the legal limit to .08 the state had a 20% reduction in DWI relateddeaths.

• All states now have a .08 legal limit.

• In lowering their limits to .08 there has been a 16% reduction in DWI related deaths.

• Many states are considering .06 or .05

DWI with DWI Revoked

• NC allows for forfeiture of vehicle when someone is DWI while their license isrevoked for DWI.

• The first year of this law in NC, police confiscated 2,000 vehicles.

• That means we caught 2,000 people who where still driving drunk after losing their license for the same thing!

• How many more got away with it?

Is 21 the right age?

• The legal drinking age in NC was raised from 18 to 19 in 1983 and to age 21 in 1986.

• Now all 50 states are 21.• Most states lowered their drinking age to 18 in

the early 70s.• Teen drunk driving deaths went up about 70%. • Raising the age back to 21 has lowered these

deaths back and combined with other things, teen drinking/driving deaths is at an all time low.

Youthful Offender Provision

• First, those under 18 must have .00 BAC if driving. The penalty is loss of license until 18 or one year which ever is longer.

• Second, those aged 18,19,20 must also be .00 BAC. The penalty is one year revocation of license.

Buying under age?

• If you attempt to purchase alcohol underage the penalty is a one year revocation of your license, up to $200 fine and a misdemeanor on your record.

Buy for Someone else

• Buying alcohol for someone underage (first offence) can result in a minimum fine of $500 and 25 hours of community service, up to $2000 fine and 2 years in jail. Second offense in four years, is a $1000 minimum fine and 150 hours of community service. (12/1/99)

• Being nice to someone underage might cost you dearly.

Selling to someone underage

• The penalty for selling alcohol to underage persons, is $250 fine and 25 hours ofcommunity service minimum. 2nd offense, $500 fine and 150 hours of community service minimum. (12/1/99)

• This includes cashiers, waiters, clerks etc.

Open alcohol container

• As of September 2000, it is illegal to have any open container in the passenger compartment.

• That includes your passengers, you’re driving, your ticket.

Drink while driving

• The penalty for consuming alcohol while driving is: 6 months revocation for second offense; 12 months for third offense.

You guessed it, first offense is don’t do it again.

• This assumes you are 21 or older.

Dram Shop provision

• The Dram Shop provision of the North Carolina law, holds that provider liable fornegligent provision (selling or giving) of alcohol. Persons providing alcoholnegligently can be held responsible for deaths, injuries that occur because of thealcohol.

It must be negligent

• Negligent provision is defined as providing to someone underage or alreadyintoxicated.

• You can sell a keg to someone if they are of age and sober. This law does not apply to this situation even if they kill someone drunk. The key is negligent provision.

At no extra charge:

• The word DRAM comes from a measurement of liquor

• Thus the title Dram Shop

Judge restriction

• North Carolina law does not permit judges to reduce the charge of DWI to a lesserincluded offense. i.e. careless and reckless driving

• You are to be found innocent or guilty of DWI.

No limited Privilege in serious cases

• Since 1983, limited driving privilege has only been available to levels 3, 4 and 5 of the DWI sentence structure. Levels 1 and 2 are not allowed a limited privilege.

• We will look at levels later.

Road blocks

• Because a DWI law does not need probable cause, road blocks are allowed in NC under specific restrictions. i.e. Plan approved by superior, not targeting any age or group of people.

• They can not “target” college students, for example.

Commercial Vehicles/license

• Commercial vehicles are now restricted to .00 BAC in North Carolina.

• If you have a commercial license, this only applies if you are driving a commercial vehicle at the time of the stop. Not your personal car. A DWI here, would require .08 or other proof of impairment.

Habitual offenders

• North Carolina allows judges to require ignition interlocks for convicted DWI tohave limited privilege or get a suspended license back. The vehicle will not start ifthe driver has been drinking.

• These are installed at the owner’s expense.

• The driver must continue to blow periodically to continue driving.

Aiding and Abetting

• Don’t blow into the thing for a drunk or you could be charged.

The real cost of a DWI. Insurance.

• A DWI conviction carries 12 insurance points.

• This will increase insurance rates from about $300 a year to $2800 a year for three years. Maybe more.

• A 900% increase or about $7500 over three years.

• This assumes the gecko will sell you insurance.

More to the Safe Roads Act

• There are many more issues addressed in the Safe Roads Act, I have tried to hit the highlights.

• We shall move on to the sentencing of convicted DWI in NC.

• This is for teachers only.

The sentencing structure for DWI

• The sentence structure was established in 1983 to assure equal punishment under the law.

• No matter where you are tried and convicted, the punishment should be similar to other similar cases throughout the state.

• This applies to convicted defendants. • We are not talking about the trial, just the

sentence after conviction.

Grossly Aggravated factors

• During the commission of this DWI, any of the following factors were present:

• 1. Second offense in seven years2. Third offense in seven years. (counts

twice or as 2 offenses)3. DWI with a revoked license for DWI4. Causing serious injury while DWI5. DWI with minor in car. (<17 years)

Aggravated Factors• This assumes no grossly aggravated factors were present.

• 1. Gross impairment (falling down Drunk)2. BAC .16 or greater 3. Driving was especially reckless4. Driving was especially dangerous (putting others in danger) 5. Property damage in excess of $500 (this is nothing)6. Personal injury (not serious)7. DWI with revoked license (not DWI) 8. Two prior convictions in 5 years of 3 or more points9. DWI more than 7 years ago10. Speeding while, or attempting to elude apprehension11. Speeding 30mph over the legal limit12. Passing a stopped school bus, (discharging children)13. Any other aggravating factor (refusing the test or others)

Mitigating Factors

• This too assumes no grossly aggravated factors.

• 1. Slight impairment (.08 or .09)2. No chemical test available3. Safe and lawful driving except for the DWI.4. No other serious traffic offenses in 5 years5. Impairment due primarily to a lawfully prescribed drug (that’s right)6. Voluntary submittal to mental health facility for assessment (and do the treatment)7. Any additional factors the Judge wants to include i.e. DL 123 Form

Level One Punishment

• A judge must impose Level 1 punishment when two or more grossly aggravating factors exist. Punishment includes a mandatory minimum of 30-day jail sentence. The judge may sentence the defendant to a maximum of two years in jailand impose a fine of up to $4,000.

• Repeat offenders, 12 months minimum jail. 49months for 4th offense in 7 years.

• No limited privilege available.

Level Two Punishment

• A judge must impose Level 2 punishment when one grossly aggravating factor exists. Punishment includes a mandatory minimum jail sentence of seven days. The judge may sentence the defendant to a maximum of one year in jail and impose a fine of up to $2,000.

• No limited privilege.

Level Three Punishment

• When the aggravating factors outweigh the mitigating factors, the judge must sentence the defendant to a minimum of 72 hours in jail, or a minimum of 72 hours of community service, or a 90-day loss of driving privileges, or any combination of the three. The judge may also impose a fine of up to $1000.

• Limited privilege available.

Level Four Punishment

• When aggravating factors equal mitigating factors, the judge must impose 48 hours of jail, or 48 hours of community service, or a 60-day loss of driving privileges, or any combination of the three. The judge may also impose a fine of up to $500.

• Limited privilege available.

Level Five Punishment

• When the mitigating factors outweigh the aggravating factors, the judge must impose 24 hours in jail, or 24 hours of community service, or a 30-day loss ofdriving privileges, or any combination of the three. The judge may impose a fine of up to $200.

• Limited privilege available.

Making sense of this

• If you chart the five levels of punishment, they are much easier to remember. If I could figure out how to do it, I would do it for you. Oh well.

• Let’s move on to the other forms of impairment, the drugs other than alcohol in unit 8.