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Drunk driving (United States)
Encyclopedia
Drunk driving is the act of operating and/or driving a motor vehicle
while under the influence of alcohol
and/or drugs
to the degree that mental
and motor skills are impaired. It is illegal in all jurisdictions within the United States
, though enforcement varies widely between and within states/territories.
The specific criminal offense is usually called driving under the influence
(DUI), and in some states 'driving while intoxicated' (DWI), 'operating while impaired' (OWI), or 'operating a vehicle under the influence' (OVI). Such laws may also apply to boating
or piloting aircraft. Vehicles can include farm machinery and horse-drawn carriages.
In the United States the National Highway Traffic Safety Administration
(NHTSA) estimates that 17,941 people died in 2006 in alcohol-related collisions, representing 40% of total traffic
death
s in the US. NHTSA states 275,000 were injured in alcohol-related
accidents in 2003. The Bureau of Justice Statistics
estimated that in 1996 local law enforcement agencies made 1,467,300 arrests nationwide for driving under the influence of alcohol, compared to 1.9 million such arrests during the peak year in 1983.
NHTSA defines fatal collisions as "alcohol-related" if they believe the driver, a passenger, or non-motorist (such as a pedestrian or pedal cyclist) had a blood alcohol content
(BAC) of 0.01% or greater. NHTSA defines nonfatal collisions as alcohol-related if the accident report indicates evidence of alcohol present. NHTSA specifically notes that alcohol-related does not necessarily mean a driver or non occupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60% of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drivers with a BAC of 0.10% are 6 to 12 times more likely to get into a fatal crash or injury than drivers with no alcohol.
or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of driving "under the influence" or "while impaired" is also usually charged in most states, with a permissive presumption of guilt where the person's BAC is 0.08% or greater (units of milligrams per deciliter, representing 8 g of alcohol in 10 liters of blood). Some states (e.g., Colorado) include a lesser charge, sometimes referred to as driving while ability impaired (this may apply to individuals with a 0.05% or above, but less than the 0.08% per se limit for the more serious charge. Wisconsin, however, is the only state that continues to regard first offense drunk driving arrests as a forfeiture.
The amount of alcohol intake to reach a BAC of 0.08% may vary with the individual's body composition and state of health.
Prior to increased emphasis on drinking and driving in the 1980s, standards of 0.10%-0.15% were in place. The legal limit for commercial drivers in New York
is set at 0.04%.
s have been developed for the purpose of administering roadside or laboratory tests that can detect the actual level of a controlled substance in an individual's body.
endorsed physician reporting in 1999, but deferred to the states on whether such notification should be mandatory or permissive. An authority on professional confidentiality, Jacob Appel
of New York University
, has written that physician reporting is a double-edged sword, because it may deter some patients from seeking care. According to Appel, "Reporting may remove some dangerous drivers from the roads, but if in doing so it actually creates other dangerous drivers, by scaring them away from treatment, then society has sacrificed confidentiality for no tangible return in lives saved."
time, larger fines, longer DUI programs, the installation of ignition interlock devices) in cases where the driver's BAC is over 0.20%, or 0.15% in some places. These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concomitant danger posed to the safety of persons and property by heavily impaired drivers. As of July 1, 2010, California will implement a pilot project for DUI sentencing. In two counties, Los Angeles and Alameda, first offenders convicted of drunk driving will be required to install an ignition interlock device in their car for a period of five months. Previously, this requirement was only mandated for second offenders and then for a three year period. California DMV is now writing guidelines to clear up any ambiguities in the law.
Compared to many other countries, penalties for drunk driving in the United States are light, unless alcohol is involved in an incident causing injury or death of others, in which case they are very heavy compared to other nations. See Driving under the influence
. Some states, such as Wisconsin, do not permanently revoke driving permits even if the offender is convicted multiple times.
In 1967, Ohio
began to issue special license plates
to DUI offenders who are granted limited driving privileges such as work-related driving until a court can rule that they can have full privileges back. However, judges rarely enforced the plates, so in 2004, the plates became mandated by state law to all DUI offenders. Unlike Ohio's standard-issue plates (which as of 2008 have a picture of the Ohio country side), the DUI plates are yellow with red writing with no registration stickers or graphics. They are sometimes known as "party plates". Minnesota has a similar program, where the plates are white with either blue or black text. The plate number is a "W", followed by a letter and four numbers. These plates may be issued to drivers with at least 2 DUIs in a ten-year period. In Minnesota, DUI plates are referred to as "whiskey plates", whiskey being the name of the letter W in the NATO phonetic alphabet
.
Similar laws apply to other activities involving transportation; Michigan
prohibits intoxicated bicycling, horseback riding, buggy driving, use of motorized farm implements, or boating, the latter whether a pilot or passenger, with much the same threshold of intoxication.
The form is required in 49 States and the US District of Columbia in order to register a vehicle for usage on public roads (with the notable exception being New Hampshire). (You need an SR-22 for 3 years after being convicted of DWI in New Hampshire) It is also required to redeem a license which has been suspended due to coverage lapse in these required States. These States also, generally, require that the issuing insurance company provide the relevant State's DMV with timely updates as to the status of such coverage. If the policy with the SR22 cancels, a form called an SR26 is issued and sent to the state DMV.
to adopt laws against drunk driving was New York
in 1910, with California
and others following. Early laws simply prohibited driving while intoxicated, requiring proof of a state of intoxication with no specific definition of what level of inebriation qualified. The first generally-accepted legal BAC limit was 0.15%.
In 1938, the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents". At the same time, the National Safety Council set up a "Committee on Tests for Intoxication".
In the US, most of the laws and penalties were greatly enhanced starting in the late 1970s, and through the 1990s, largely due to pressure from groups like Mothers Against Drunk Driving
(MADD) and Students Against Destructive Decisions (SADD) and leaders like Candy Lightner
. Significantly, zero tolerance
laws were enacted which criminalized driving a vehicle with 0.01% or 0.02% BAC for drivers under 21. This is true even in Puerto Rico, despite maintaining a legal drinking age of 18.
(NHTSA) estimates that 17,941 people died in 2006 in alcohol-related collisions, representing 40% of total traffic
death
s in the US. NHTSA states 275,000 were injured in alcohol-related
accidents in 2003. The Bureau of Justice Statistics
estimated that in 1996 local law enforcement agencies made 1,467,300 arrests nationwide for driving under the influence of alcohol, compared to 1.9 million such arrests during the peak year in 1983. The arrest rate for alcohol-related offenses among American Indian
s was more than double that for the total population during 1996, and almost 4 in 10 American Indians held in local jails had been charged with a public order offense, most commonly driving while intoxicated. In 1997 an estimated 513,200 DWI offenders were under correctional supervision, down from 593,000 in 1990 and up from 270,100 in 1986.
NHTSA defines fatal collisions as "alcohol-related" if they believe the driver, a passenger, or non-motorist (such as a pedestrian or pedal cyclist) had a BAC of 0.01% or greater. NHTSA defines nonfatal collisions as alcohol-related if the accident report indicates evidence of alcohol present. NHTSA specifically notes that alcohol-related does not necessarily mean a driver or non occupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60% of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drivers with a BAC of 0.10% are 6 to 12 times more likely to get into a fatal crash or injury than drivers with no alcohol.
The following list of DUI symptoms, from a publication issued by the National Highway Traffic Safety Administration (DOT HS-805-711), is widely used in training officers to detect drunk drivers. After each symptom is a percentage figure which, according to NHTSA, indicates the statistical chances through research, that a driver is over the legal limit.
If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.
Reasonable suspicion requires less evidence
than probable cause
, but more than a mere hunch. A rule of thumb
is that reasonable suspicion requires 25 % proof, and probable cause requires more than 50 % statistical chance. Therefore, if there is probable cause for arrest for DWI, as suggested by the research and examples used above, then there is reasonable suspicion to stop a driver.
If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.
. The three validated tests by NHTSA are:
Alternative tests, which have not been scientifically validated, include:
Although most law enforcement agencies continue to use a variety of these FSTs, increasingly a 3-test battery of standardized field sobriety tests (SFSTs) is being adopted. The NHTSA-approved battery of tests consists of the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg-stand. In some states, such as Ohio, only the standardized tests will be admitted into evidence, provided they were administered and objectively scored "in substantial compliance" with NHTSA standards (ORC 4511.19(D)(4)(b)).
According to original studies conducted by NHTSA, these tests are not designed to detect impairment, but rather give a probability that a driver is at or a above a 0.08% BAC. However, studies throw doubt on the tests' usefulness in helping an officer to judge either. In 1991, Dr. Spurgeon Cole of Clemson University conducted a study of the accuracy of FSTs. His staff videotaped people performing six common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink and drive" (sic). The blood-alcohol concentration of each of the 21 DUI subjects was 0.00, unknown to the officers. The result: the officers gave their opinion that 46% of these innocent people were too drunk to be able to drive. This study showed the possible inaccuracy of FSTs.
An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. Called variously a PAS ("preliminary alcohol screening") or PBT ("preliminary breath test"), the units are small, inexpensive versions of the larger, more sophisticated instruments at the police stations, the EBTs ("evidentiary breath test"). Whereas the EBTs usually employ infrared spectroscopy
, the PAS units use a relatively simple electrochemical (fuel cell
) technology. Their purpose, along with other FSTs, is to assist the officer in determining probable cause
for arrest. Although, because of their relative inaccuracy, they were never intended to be used in court for proving actual blood-alcohol concentration, some courts have begun to admit them as evidence of BAC.
obligation to submit to an evidentiary chemical test of blood, breath or possibly urine.
Laws relating to what exactly constitutes probable cause vary from state to state. In California it is a refutable presumption that a person with a BAC of 0.08% or higher is driving under the influence. However, section 23610(a)(2) of the California Vehicle Code
states that driving with a BAC between 0.05% and 0.08% "shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage".
station, the arrest will be offered a chemical
test of breath, blood or, much less frequently, urine. Breath test results are usually available immediately; urine and blood samples are sent to a lab
for later analysis to determine the BAC or possible presence of drugs.
If the arrest refuses to submit to chemical testing, they will usually be booked for driving under the influence; there will be no evidence for filing the second charge of driving with 0.08% BAC. In some cases the arrest may be charged with DUI even after passing a breathalyzer test if he or she refuses also to take subsequent urine or blood tests. However, the refusal will carry increased penalties on the driving under the influence charge (typically a longer license suspension and/or an increased jail sentence), and the act of refusing may be admissible in court as evidence of "consciousness of guilt". In some states, refusal to submit to a chemical test can result in an automatic suspension of driving privileges, regardless of whether the suspect is convicted of DUI. In an increasing number of jurisdictions, if the suspect refuses to take a chemical test the police in some states may seek a search warrant to draw a sample of blood. This is particularly common in situations involving an accident with injury or death. In common law jurisdictions this requires obtaining a search warrant from a criminal magistrate. Some states have 'implied consent' laws, agreed to when applied for a driver's license. By signing the driver's license application, consent is implied to allow a law enforcement officer to direct a medical professional to draw blood for the purpose of determining the BAC, in case of be arrest on suspicion of DUI. Even if a breath test is refused, because of the 'implied consent', officers can still seek a search warrant to draw a blood sample for BAC determination.
Some commentators, such as Brown University's Jacob Appel, have criticized the role of medical personnel in this process. According to Appel, "If physicians acquiesce today in the removal of a resistant patient's blood, soon they may be called upon to pump the contents of an unwilling patient's stomach or even to perform involuntary surgery to retrieve an evidential bullet".
While chemical tests are used to determine the driver's BAC, they do not determine the driver's level of impairment. However, state laws usually provide for a rebuttable legal presumption of intoxication at a BAC of 0.08% or higher (see blood alcohol test assumptions).
The reliability of chemical testing has been questioned by several studies. For instance, breath and urine tests can only estimate the BAC at the time the test is taken, which can be different than when the vehicle was actually operated. Various other factors such as mouth alcohol, exposure to industrial compounds such as paint, gasoline, etc. can also produce false-positive results on chemical tests. Moreover, some studies suggest that breathalyzer results may be biased against women.
(DRE). Assuming sufficient evidence of impaired driving from drugs, the arrested may face charges of driving under the influence of drugs or the combined influence of alcohol and drugs.
Most of the time, the driver will either be kept in a holding cell (sometimes referred to as the "drunk tank
") until they are deemed sober enough to be released on bail
or on his "own recognizance
" ("O.R."). A date to appear in court for an arraignment
will be given to them. If they cannot make bail or is not granted O.R., they will be kept in jail to wait for the arraignment on remand
.
(population 36 million, 32 million cars) there were 1,489 deaths from traffic accidents related to "alcohol or other drugs" in 2007 (22% of all fatal accidents). Alcohol consumption per capita in the UK and Australia is higher than the US and the legal age for drinking
lower.
Research in the United Kingdom has shown that the danger group for drunk driving is young men in their early 20s rather than teenagers. It is not uncommon for police forces in Australia to randomly stop motorists and submit them to a Random breath test. This test involves speaking or blowing into a hand held device to give a reading. Refusing a roadside test is an offense, and is subject to the same penalty as high range drunk driving.
Unlike the USA these countries do not see restricting access to alcohol as having any useful role to play in reducing drunk driving. Their experience is that random breath tests, severe penalties, including imprisonment for a first offense, combined with blanket public service broadcasting are a more effective strategy.
Australian and British Law also does not recognize the crime of DUI Manslaughter and sentences for causing death by drunk driving are much lower than the USA; conversely, imprisonment for a first offense is not uncommon.
In Germany, a legal limit of 0.05% lowers to 0.03% if found to be at fault in a traffic accident and 0.00% is the standard for those who are under 21 years of age. German police forces may also obtain blood for testing if they suspect an individual of DUI without reasonable cause or a search warrant.
Motor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
while under the influence of alcohol
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
and/or drugs
DRUGS
Destroy Rebuild Until God Shows are an American post-hardcore band formed in 2010. They released their debut self-titled album on February 22, 2011.- Formation :...
to the degree that mental
Mind
The concept of mind is understood in many different ways by many different traditions, ranging from panpsychism and animism to traditional and organized religious views, as well as secular and materialist philosophies. Most agree that minds are constituted by conscious experience and intelligent...
and motor skills are impaired. It is illegal in all jurisdictions within the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, though enforcement varies widely between and within states/territories.
The specific criminal offense is usually called driving under the influence
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
(DUI), and in some states 'driving while intoxicated' (DWI), 'operating while impaired' (OWI), or 'operating a vehicle under the influence' (OVI). Such laws may also apply to boating
Boating
Boating is the leisurely activity of travelling by boat, or the recreational use of a boat whether powerboats, sailboats, or man-powered vessels , focused on the travel itself, as well as sports activities, such as fishing or water skiing...
or piloting aircraft. Vehicles can include farm machinery and horse-drawn carriages.
In the United States the National Highway Traffic Safety Administration
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration is an agency of the Executive Branch of the U.S. government, part of the Department of Transportation...
(NHTSA) estimates that 17,941 people died in 2006 in alcohol-related collisions, representing 40% of total traffic
Traffic
Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel...
death
Death
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
s in the US. NHTSA states 275,000 were injured in alcohol-related
Alcohol-related traffic crashes in the United States
Alcohol-related traffic crashes are defined by the United States National Highway Traffic Safety Administration as alcohol-related if either a driver or a non-motorist had a measurable or estimated BAC of 0.01 g/dl or above...
accidents in 2003. The Bureau of Justice Statistics
United States Bureau of Justice Statistics
The United States Bureau of Justice Statistics is a federal government agency belonging to the U.S. Department of Justice. Established on December 27, 1979, the bureau collects, analyzes and publishes data relating to crime in the United States. The agency publishes data regarding statistics...
estimated that in 1996 local law enforcement agencies made 1,467,300 arrests nationwide for driving under the influence of alcohol, compared to 1.9 million such arrests during the peak year in 1983.
NHTSA defines fatal collisions as "alcohol-related" if they believe the driver, a passenger, or non-motorist (such as a pedestrian or pedal cyclist) had a blood alcohol content
Blood alcohol content
Blood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....
(BAC) of 0.01% or greater. NHTSA defines nonfatal collisions as alcohol-related if the accident report indicates evidence of alcohol present. NHTSA specifically notes that alcohol-related does not necessarily mean a driver or non occupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60% of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drivers with a BAC of 0.10% are 6 to 12 times more likely to get into a fatal crash or injury than drivers with no alcohol.
Laws and regulations
DUI or DWI are synonymous terms that represent the criminal offense of operating (or in some jurisdictions merely being in physical control of) a motor vehicle while being under the influence of alcohol or drugs or a combination of both. All states in the U.S. designate a per se bloodBlood
Blood is a specialized bodily fluid in animals that delivers necessary substances such as nutrients and oxygen to the cells and transports metabolic waste products away from those same cells....
or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of driving "under the influence" or "while impaired" is also usually charged in most states, with a permissive presumption of guilt where the person's BAC is 0.08% or greater (units of milligrams per deciliter, representing 8 g of alcohol in 10 liters of blood). Some states (e.g., Colorado) include a lesser charge, sometimes referred to as driving while ability impaired (this may apply to individuals with a 0.05% or above, but less than the 0.08% per se limit for the more serious charge. Wisconsin, however, is the only state that continues to regard first offense drunk driving arrests as a forfeiture.
The amount of alcohol intake to reach a BAC of 0.08% may vary with the individual's body composition and state of health.
Prior to increased emphasis on drinking and driving in the 1980s, standards of 0.10%-0.15% were in place. The legal limit for commercial drivers in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
is set at 0.04%.
Driving under the influence of drugs
The key inquiry focuses on whether the driver's faculties were impaired by the substance that was consumed. The detection and successful prosecution of drivers impaired by prescription medication or illegal drugs can therefore be difficult. BreathalyzerBreathalyzer
A breathalyzer or breathalyser is a device for estimating blood alcohol content from a breath sample...
s have been developed for the purpose of administering roadside or laboratory tests that can detect the actual level of a controlled substance in an individual's body.
Physician reporting
Six states require physicians to report patients who drive while impaired. Another 25 states permit physicians to violate doctor-patient confidentiality to report impaired drivers, if they so choose. The American Medical AssociationAmerican Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...
endorsed physician reporting in 1999, but deferred to the states on whether such notification should be mandatory or permissive. An authority on professional confidentiality, Jacob Appel
Jacob M. Appel
Jacob M. Appel is an American author, bioethicist and social critic. He is best known for his short stories, his work as a playwright, and his writing in the fields of reproductive ethics, organ donation, neuroethics and euthanasia....
of New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
, has written that physician reporting is a double-edged sword, because it may deter some patients from seeking care. According to Appel, "Reporting may remove some dangerous drivers from the roads, but if in doing so it actually creates other dangerous drivers, by scaring them away from treatment, then society has sacrificed confidentiality for no tangible return in lives saved."
Penalties
Many jurisdictions require more serious penalties (such as jailPrison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
time, larger fines, longer DUI programs, the installation of ignition interlock devices) in cases where the driver's BAC is over 0.20%, or 0.15% in some places. These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concomitant danger posed to the safety of persons and property by heavily impaired drivers. As of July 1, 2010, California will implement a pilot project for DUI sentencing. In two counties, Los Angeles and Alameda, first offenders convicted of drunk driving will be required to install an ignition interlock device in their car for a period of five months. Previously, this requirement was only mandated for second offenders and then for a three year period. California DMV is now writing guidelines to clear up any ambiguities in the law.
Compared to many other countries, penalties for drunk driving in the United States are light, unless alcohol is involved in an incident causing injury or death of others, in which case they are very heavy compared to other nations. See Driving under the influence
Driving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
. Some states, such as Wisconsin, do not permanently revoke driving permits even if the offender is convicted multiple times.
DUI plates
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
began to issue special license plates
Vehicle registration plate
A vehicle registration plate is a metal or plastic plate attached to a motor vehicle or trailer for official identification purposes. The registration identifier is a numeric or alphanumeric code that uniquely identifies the vehicle within the issuing region's database...
to DUI offenders who are granted limited driving privileges such as work-related driving until a court can rule that they can have full privileges back. However, judges rarely enforced the plates, so in 2004, the plates became mandated by state law to all DUI offenders. Unlike Ohio's standard-issue plates (which as of 2008 have a picture of the Ohio country side), the DUI plates are yellow with red writing with no registration stickers or graphics. They are sometimes known as "party plates". Minnesota has a similar program, where the plates are white with either blue or black text. The plate number is a "W", followed by a letter and four numbers. These plates may be issued to drivers with at least 2 DUIs in a ten-year period. In Minnesota, DUI plates are referred to as "whiskey plates", whiskey being the name of the letter W in the NATO phonetic alphabet
NATO phonetic alphabet
The NATO phonetic alphabet, more accurately known as the NATO spelling alphabet and also called the ICAO phonetic or spelling alphabet, the ITU phonetic alphabet, and the international radiotelephony spelling alphabet, is the most widely used spelling alphabet...
.
Restricted Licenses
Most states do allow certain DUI offenders (usually first-time) to obtain a restriced or hardship license while on suspension. This license permits them to drive to and from work or school. Currently only Alabama, Kansas, New Hampshire, New Jersey and Vermont do not allow for this type of license.Flying while drunk and related laws
Federal Aviation Regulation 91.17 (14 CFR 91.17) prohibits pilots from flying aircraft with an alcohol level of 0.04% or more, and/or within eight hours of consuming alcohol, or while under the impairing influence of any drug. The same prohibition applies to any other crew members on duty aboard the aircraft (flight attendants, etc.). Some airlines impose additional restrictions, and many pilots also impose stricter standards upon themselves. Commercial pilots found to be in violation of regulations are typically fired or resign voluntarily, and they may lose their pilot certificates and/or be subject to criminal prosecution under Federal or State laws, effectively ending their careers.Similar laws apply to other activities involving transportation; Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
prohibits intoxicated bicycling, horseback riding, buggy driving, use of motorized farm implements, or boating, the latter whether a pilot or passenger, with much the same threshold of intoxication.
Driving While Impaired courts
These innovative courts use substance abuse intervention with repeat offenders who plead guilty to driving while intoxicated. Those accepted into the diversionary program are required to abstain from alcohol. Some are required to wear a device that monitors and records any levels of alcohol detected in their bloodstreams.SR-22
An SR-22 is an administrative form that attests to an insurance company's coverage, or the posting of a personal public bond in the amount of the state's minimum liability coverage for the licensed driver/ or vehicle registration. SR-22s are typically filed with the respective State's DMV, and in some States must be carried by the licensed driver, or in the registered vehicle (particularly if the licensee has been cited for coverage lapses, DUI or other administrative infractions). SR-22s may attest coverage for a vehicle regardless of operator (owner liability coverage), or cover a specific person regardless of the specific vehicle operated (operator liability coverage).The form is required in 49 States and the US District of Columbia in order to register a vehicle for usage on public roads (with the notable exception being New Hampshire). (You need an SR-22 for 3 years after being convicted of DWI in New Hampshire) It is also required to redeem a license which has been suspended due to coverage lapse in these required States. These States also, generally, require that the issuing insurance company provide the relevant State's DMV with timely updates as to the status of such coverage. If the policy with the SR22 cancels, a form called an SR26 is issued and sent to the state DMV.
History of drunk driving laws
The first jurisdiction in the United States of AmericaUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
to adopt laws against drunk driving was New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in 1910, with California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and others following. Early laws simply prohibited driving while intoxicated, requiring proof of a state of intoxication with no specific definition of what level of inebriation qualified. The first generally-accepted legal BAC limit was 0.15%.
In 1938, the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents". At the same time, the National Safety Council set up a "Committee on Tests for Intoxication".
In the US, most of the laws and penalties were greatly enhanced starting in the late 1970s, and through the 1990s, largely due to pressure from groups like Mothers Against Drunk Driving
Mothers Against Drunk Driving
Mothers Against Drunk Driving is a non-profit organization in the United States that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and overall push for stricter alcohol policy...
(MADD) and Students Against Destructive Decisions (SADD) and leaders like Candy Lightner
Candy Lightner
Candace Lynne "Candy" Lightner is the organizer and founding president of Mothers Against Drunk Driving . On May 3, 1980, Lightner’s 13-year-old daughter, Cari, was killed by a hit-and-run driver at Sunset and New York Avenues in Fair Oaks, California.The leniency of the sentence given to the...
. Significantly, zero tolerance
Zero tolerance
Zero tolerance imposes automatic punishment for infractions of a stated rule, with the intention of eliminating undesirable conduct. Zero-tolerance policies forbid persons in positions of authority from exercising discretion or changing punishments to fit the circumstances subjectively; they are...
laws were enacted which criminalized driving a vehicle with 0.01% or 0.02% BAC for drivers under 21. This is true even in Puerto Rico, despite maintaining a legal drinking age of 18.
Statistics
In the United States the National Highway Traffic Safety AdministrationNational Highway Traffic Safety Administration
The National Highway Traffic Safety Administration is an agency of the Executive Branch of the U.S. government, part of the Department of Transportation...
(NHTSA) estimates that 17,941 people died in 2006 in alcohol-related collisions, representing 40% of total traffic
Traffic
Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel...
death
Death
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
s in the US. NHTSA states 275,000 were injured in alcohol-related
Alcohol-related traffic crashes in the United States
Alcohol-related traffic crashes are defined by the United States National Highway Traffic Safety Administration as alcohol-related if either a driver or a non-motorist had a measurable or estimated BAC of 0.01 g/dl or above...
accidents in 2003. The Bureau of Justice Statistics
United States Bureau of Justice Statistics
The United States Bureau of Justice Statistics is a federal government agency belonging to the U.S. Department of Justice. Established on December 27, 1979, the bureau collects, analyzes and publishes data relating to crime in the United States. The agency publishes data regarding statistics...
estimated that in 1996 local law enforcement agencies made 1,467,300 arrests nationwide for driving under the influence of alcohol, compared to 1.9 million such arrests during the peak year in 1983. The arrest rate for alcohol-related offenses among American Indian
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
s was more than double that for the total population during 1996, and almost 4 in 10 American Indians held in local jails had been charged with a public order offense, most commonly driving while intoxicated. In 1997 an estimated 513,200 DWI offenders were under correctional supervision, down from 593,000 in 1990 and up from 270,100 in 1986.
NHTSA defines fatal collisions as "alcohol-related" if they believe the driver, a passenger, or non-motorist (such as a pedestrian or pedal cyclist) had a BAC of 0.01% or greater. NHTSA defines nonfatal collisions as alcohol-related if the accident report indicates evidence of alcohol present. NHTSA specifically notes that alcohol-related does not necessarily mean a driver or non occupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60% of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drivers with a BAC of 0.10% are 6 to 12 times more likely to get into a fatal crash or injury than drivers with no alcohol.
Typical DUI investigation and arrest
Following are common procedures when a law enforcement officer has reason to suspect a driver is intoxicated.Reasonable suspicion to stop
There are several situations in which the officer will come into contact with a driver, some examples are:- The driver has been involved in an automobile accident; the officer has responded to the scene and is conducting an investigation.
- The driver has been stopped at a sobriety checkpointRandom checkpointA random checkpoint is a military and police tactic involving the set up of a hasty roadblock primarily by mobile truck-mounted infantry or police units in order to disrupt unauthorized or unwanted movement and/or military activity.Random checkpoints are set up to achieve surprise, as opposed to...
(also known as roadblocks). - The police have received a report, possibly from an anonymous citizen, that a described car has been driving erratically. The officer should verify the erratic driving before pulling the driver over. In some cases, the driver will no longer be in the vehicle.
- The officer on patrol has observed erratic, suspicious driving, or a series of traffic infractions indicating the possibility that the driver may be impaired. This is by far the most common reason for stopping a suspect.
- A police officer has stopped a vehicle for a lesser traffic offense, notices the signs of intoxication, and begins the DUI investigation.
The following list of DUI symptoms, from a publication issued by the National Highway Traffic Safety Administration (DOT HS-805-711), is widely used in training officers to detect drunk drivers. After each symptom is a percentage figure which, according to NHTSA, indicates the statistical chances through research, that a driver is over the legal limit.
| Turning with wide radius | |
| Straddling center or lane marker | 65% |
| Appearing to be drunk | 60% |
| Almost striking object or vehicle | 60% |
| Weaving | 60% |
| Driving on other than designated roadway | 55% |
| Swerving | 55% |
| Slow speed (more than 10 mph below limit) | 50% |
| Stopping (without cause) in traffic lane | 50% |
| Drifting | 50% |
| Following too closely | 45% |
| Tires on center or land marker | 45% |
| Braking erratically | 45% |
| Driving into opposing or crossing traffic | 45% |
| Signaling inconsistent with driving actions | 40% |
| Stopping inappropriately (other than in lane) | 35% |
| Turning abruptly or illegally | 35% |
| Accelerating or decelerating rapidly | 30% |
| Headlights off | 30% |
If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.
Reasonable suspicion requires less evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
than probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
, but more than a mere hunch. A rule of thumb
Rule of thumb
A rule of thumb is a principle with broad application that is not intended to be strictly accurate or reliable for every situation. It is an easily learned and easily applied procedure for approximately calculating or recalling some value, or for making some determination...
is that reasonable suspicion requires 25 % proof, and probable cause requires more than 50 % statistical chance. Therefore, if there is probable cause for arrest for DWI, as suggested by the research and examples used above, then there is reasonable suspicion to stop a driver.
Investigation
The officer will typically approach the driver's window and ask some preliminary questions. During this phase of the stop the officer will note if they detect any of the following indicators of intoxication- odor of an alcoholic beverage on the driver's breath or in the car generally
- slurred speech in response to the questioning
- watery, blood shot, and/or reddish eyes
- flushed face
- droopy eyelids
- difficulty in understanding and responding intelligently to question
- fumbling with his or her driver's license and registration
- the plain-view presence of containers of alcoholic beverages in the vehicle.
- admission of consumption of alcoholic beverage
If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.
Field sobriety tests
One of the most controversial aspects of a DUI stop by a police officer is the Field Sobriety Tests (FSTs). The National Highway Traffic Safety Administration (NHTSA) has developed a model system for managing Standardized Field Sobriety Test (SFST) training. They have published numerous training manuals associated with FSTs. NHTSA have conducted numerous studies to validate the Standard FSTs. FSTs are heavily subject to the opinion of the arresting officer. As a result of the NHTSA studies, the walk-and-turn test was determined to be 68% accurate, and the one-leg stand test is only 65% accurate when administered to people within the study parameters. The tests were not validated for people with medical conditions, injuries, 65 years or older, and 50 pounds or greater overweight. The officer will administer one or more field sobriety tests (FSTs). FSTs are "divided attention tests" that test the suspect's ability to perform the type of mental and physical multitasking that is required to operate an automobile. However, these tests can be problematic for people with nonobvious disabilities affecting proprioception, such as Ehlers-Danlos syndromeEhlers-Danlos syndrome
Ehlers–Danlos syndrome is a group of inherited connective tissue disorders, caused by a defect in the synthesis of collagen . The collagen in connective tissue helps tissues to resist deformation...
. The three validated tests by NHTSA are:
- horizontal gaze nystagmus test, which involves following an object with the eyes (such as a pen) to determine characteristic eye movement reaction.
- walk-and-turn (heel-to-toeTandem gaitTandem gait is a gait where the toes of the back foot touch the heel of the front foot at each step. Neurologists sometimes ask patients to walk in a straight line using tandem gait as a test to help diagnose ataxia, especially truncal ataxia, because sufferers of these disorders will have an...
in a straight line). (This test is designed to measure a person's ability to follow directions and remember a series of steps while dividing attention between physical and mental tasks.) - one-leg-stand.
Alternative tests, which have not been scientifically validated, include:
- modified-position-of-attention (feet together, head back, eyes closed for thirty seconds; also known as the Rhomberg test).
- finger-to-nose (tip head back, eyes closed, touch the tip of nose with tip of index finger).
- recite part of the alphabet (As of 08/2010, reciting the alphabet backwards is required in an FST in Amherst, Massachusetts.)
- (finger count) touch each finger of hand to thumb counting with each touch (1, 2, 3, 4, 4, 3, 2, 1).
- count backwards from a number ending in a number other than 5 or 0 and stopping at a number ending other than 5 or 0. The series of numbers should be more than 15.
- breathe into a "portable or preliminary breath tester" or PBT.
Although most law enforcement agencies continue to use a variety of these FSTs, increasingly a 3-test battery of standardized field sobriety tests (SFSTs) is being adopted. The NHTSA-approved battery of tests consists of the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg-stand. In some states, such as Ohio, only the standardized tests will be admitted into evidence, provided they were administered and objectively scored "in substantial compliance" with NHTSA standards (ORC 4511.19(D)(4)(b)).
According to original studies conducted by NHTSA, these tests are not designed to detect impairment, but rather give a probability that a driver is at or a above a 0.08% BAC. However, studies throw doubt on the tests' usefulness in helping an officer to judge either. In 1991, Dr. Spurgeon Cole of Clemson University conducted a study of the accuracy of FSTs. His staff videotaped people performing six common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink and drive" (sic). The blood-alcohol concentration of each of the 21 DUI subjects was 0.00, unknown to the officers. The result: the officers gave their opinion that 46% of these innocent people were too drunk to be able to drive. This study showed the possible inaccuracy of FSTs.
An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. Called variously a PAS ("preliminary alcohol screening") or PBT ("preliminary breath test"), the units are small, inexpensive versions of the larger, more sophisticated instruments at the police stations, the EBTs ("evidentiary breath test"). Whereas the EBTs usually employ infrared spectroscopy
Infrared spectroscopy
Infrared spectroscopy is the spectroscopy that deals with the infrared region of the electromagnetic spectrum, that is light with a longer wavelength and lower frequency than visible light. It covers a range of techniques, mostly based on absorption spectroscopy. As with all spectroscopic...
, the PAS units use a relatively simple electrochemical (fuel cell
Fuel cell
A fuel cell is a device that converts the chemical energy from a fuel into electricity through a chemical reaction with oxygen or another oxidizing agent. Hydrogen is the most common fuel, but hydrocarbons such as natural gas and alcohols like methanol are sometimes used...
) technology. Their purpose, along with other FSTs, is to assist the officer in determining probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
for arrest. Although, because of their relative inaccuracy, they were never intended to be used in court for proving actual blood-alcohol concentration, some courts have begun to admit them as evidence of BAC.
Probable cause to arrest
If the officer has sufficient probable cause that the suspect has been driving under the influence of alcohol, they will make the arrest, handcuff the suspect and transport them to the police station. En route, the officer may advise them of their Miranda rights and their legal implied consentImplied consent
Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation...
obligation to submit to an evidentiary chemical test of blood, breath or possibly urine.
Laws relating to what exactly constitutes probable cause vary from state to state. In California it is a refutable presumption that a person with a BAC of 0.08% or higher is driving under the influence. However, section 23610(a)(2) of the California Vehicle Code
California Vehicle Code
The California Vehicle Code contains almost all statutes relating to the operation, ownership and registration of vehicles in the state of California in the United States...
states that driving with a BAC between 0.05% and 0.08% "shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage".
Chemical test
At the policePolice
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
station, the arrest will be offered a chemical
Chemistry
Chemistry is the science of matter, especially its chemical reactions, but also its composition, structure and properties. Chemistry is concerned with atoms and their interactions with other atoms, and particularly with the properties of chemical bonds....
test of breath, blood or, much less frequently, urine. Breath test results are usually available immediately; urine and blood samples are sent to a lab
Laboratory
A laboratory is a facility that provides controlled conditions in which scientific research, experiments, and measurement may be performed. The title of laboratory is also used for certain other facilities where the processes or equipment used are similar to those in scientific laboratories...
for later analysis to determine the BAC or possible presence of drugs.
If the arrest refuses to submit to chemical testing, they will usually be booked for driving under the influence; there will be no evidence for filing the second charge of driving with 0.08% BAC. In some cases the arrest may be charged with DUI even after passing a breathalyzer test if he or she refuses also to take subsequent urine or blood tests. However, the refusal will carry increased penalties on the driving under the influence charge (typically a longer license suspension and/or an increased jail sentence), and the act of refusing may be admissible in court as evidence of "consciousness of guilt". In some states, refusal to submit to a chemical test can result in an automatic suspension of driving privileges, regardless of whether the suspect is convicted of DUI. In an increasing number of jurisdictions, if the suspect refuses to take a chemical test the police in some states may seek a search warrant to draw a sample of blood. This is particularly common in situations involving an accident with injury or death. In common law jurisdictions this requires obtaining a search warrant from a criminal magistrate. Some states have 'implied consent' laws, agreed to when applied for a driver's license. By signing the driver's license application, consent is implied to allow a law enforcement officer to direct a medical professional to draw blood for the purpose of determining the BAC, in case of be arrest on suspicion of DUI. Even if a breath test is refused, because of the 'implied consent', officers can still seek a search warrant to draw a blood sample for BAC determination.
Some commentators, such as Brown University's Jacob Appel, have criticized the role of medical personnel in this process. According to Appel, "If physicians acquiesce today in the removal of a resistant patient's blood, soon they may be called upon to pump the contents of an unwilling patient's stomach or even to perform involuntary surgery to retrieve an evidential bullet".
While chemical tests are used to determine the driver's BAC, they do not determine the driver's level of impairment. However, state laws usually provide for a rebuttable legal presumption of intoxication at a BAC of 0.08% or higher (see blood alcohol test assumptions).
The reliability of chemical testing has been questioned by several studies. For instance, breath and urine tests can only estimate the BAC at the time the test is taken, which can be different than when the vehicle was actually operated. Various other factors such as mouth alcohol, exposure to industrial compounds such as paint, gasoline, etc. can also produce false-positive results on chemical tests. Moreover, some studies suggest that breathalyzer results may be biased against women.
Booking and charging
If it is determined after arrest that the person's BAC is not at or above the legal limit of 0.08%, they will probably be released without any charges. One may, however, still be charged with driving under the influence of alcohol on the basis of driving symptoms, observed impairment, admissions and/or performance on the field sobriety tests. And if there is suspicion of drug usage, a blood or urine test is likely, or at least the testimony of a specially-trained officer called a Drug Recognition ExpertDrug Recognition Expert
Drug Recognition Expert police officers are trained to be able to identify drug impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles Police Department. In 1979, the Drug...
(DRE). Assuming sufficient evidence of impaired driving from drugs, the arrested may face charges of driving under the influence of drugs or the combined influence of alcohol and drugs.
Most of the time, the driver will either be kept in a holding cell (sometimes referred to as the "drunk tank
Prison cell
A prison cell or holding cell or lock-up is a small room in a prison, or police station where a prisoner is held.Prison cells are usually about 6 by 8 feet in size with steel or brick walls and one solid or barred door that locks from the outside. Many modern prison cells are pre-cast. Solid doors...
") until they are deemed sober enough to be released on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
or on his "own recognizance
Recognizance
In some common law nations, a recognizance is a conditional obligation undertaken by a person before a court. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges that he owes a personal debt to the state...
" ("O.R."). A date to appear in court for an arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
will be given to them. If they cannot make bail or is not granted O.R., they will be kept in jail to wait for the arraignment on remand
Detention of suspects
The detention of suspects is the process of keeping a person who has been arrested in a police-cell, remand prison or other detention centre before trial or sentencing. One criticism of pretrial detention is that eventual acquittal can be a somewhat hollow victory, in that there is no way to...
.
Interventions
Drunk driving is a public health concern in the United States, and reducing its frequency may require an integrated community-based approach utilizing sanctions and treatments. Several intervention programs have been developed, such as the Paradigm Developmental Model of Treatment (PDMT), a program encouraging a paradigm shift in the offender's view of oneself and the world.International comparisons
In countries such as the United Kingdom and Australia drunk driving and deaths caused by drunk driving are considerably lower than the USA . Drunk driving deaths in the UK (population 61 million, 31 million cars) were 380 in 2010 (12% of all fatal accidents). In CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
(population 36 million, 32 million cars) there were 1,489 deaths from traffic accidents related to "alcohol or other drugs" in 2007 (22% of all fatal accidents). Alcohol consumption per capita in the UK and Australia is higher than the US and the legal age for drinking
Legal drinking age
Laws about the legal drinking age cover a wide range of issues and behaviours, addressing when and where alcohol can be consumed. The minimum age alcohol can be legally consumed can be different to the age when it can be purchased. These laws vary among different countries and many laws have...
lower.
Research in the United Kingdom has shown that the danger group for drunk driving is young men in their early 20s rather than teenagers. It is not uncommon for police forces in Australia to randomly stop motorists and submit them to a Random breath test. This test involves speaking or blowing into a hand held device to give a reading. Refusing a roadside test is an offense, and is subject to the same penalty as high range drunk driving.
Unlike the USA these countries do not see restricting access to alcohol as having any useful role to play in reducing drunk driving. Their experience is that random breath tests, severe penalties, including imprisonment for a first offense, combined with blanket public service broadcasting are a more effective strategy.
Australian and British Law also does not recognize the crime of DUI Manslaughter and sentences for causing death by drunk driving are much lower than the USA; conversely, imprisonment for a first offense is not uncommon.
In Germany, a legal limit of 0.05% lowers to 0.03% if found to be at fault in a traffic accident and 0.00% is the standard for those who are under 21 years of age. German police forces may also obtain blood for testing if they suspect an individual of DUI without reasonable cause or a search warrant.
See also
- Carrollton bus disasterCarrollton bus disasterThe Carrollton, Kentucky bus collision was one of the deadliest bus disasters in United States history.About 11:00 p.m. EDT on Saturday May 14, 1988, Larry Mahoney, a drunk driver in a pickup truck traveling in the wrong direction on an interstate highway in a rural, unincorporated area of Carroll...
, about a 1988 bus accident in KentuckyKentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
caused by a drunk driver that resulted in 27 deaths