XIII.

Alcohol And Other Drugs

Drunk Driving is Not An Accident

Those injured and killed in drunk driving collisions are "collision" victims. The crash caused by an impaired driver involved two choices: to drink and to drive. The deaths and injuries caused each year by impaired driving can be prevented...they are not "collisions."

The Problem

Each year, approximately 17,000 people die in alcohol-related crashes. Many kill themselves in single-car crashes. Some hit people on motorcycles, on bikes, or standing, walking or playing by a street. Most of those killed are people inside cars. It is not true that the drunk driver always survives the crash. The drunk driver is often killed as well. In addition to all those deaths, about 950,000 people are injured in alcohol-related crashes; and, about 37,000 people will suffer permanent work-related disabilities each year.

Alcohol Facts

Despite the fact that some people feel more outgoing when they've had a couple of drinks, alcohol is actually a depressant. It affects the central nervous system which impairs vision, coordination, judgment and reaction time. Because judgment is affected, the drinker usually thinks he's okay to drive; but he or she is not capable of making that decision.

Myths about drinking and driving abound. One is that you can always tell when someone is capable of driving. We all have seen persons who can hardly stand up or string together a coherent sentence after consuming alcohol. It's easy to know that person should not be driving. However, other people don't show their impairment as obviously. Not everyone who is impaired stumbles or slurs their words. Truth: You can't tell if someone is able to drive just by looking at them.

A second myth is that beer and wine are less intoxicating than hard liquor. Some people say that one kind of liquor affects them less than another; but, the fact is, an ounce of alcohol has the same power to affect the drinker regardless of the type. Truth: A 12 oz. can or bottle of beer, a 5 oz. serving of wine, and a 1 oz. shot of hard liquor all have about the same amount of alcohol. A six-pack of beer has about the same alcohol content as six average mixed drinks. You can't tell how much alcohol someone has had by just counting their drinks. Some mixed drinks contain more than one shot of alcohol.

A third myth is that coffee, cold showers, exercise, and other home remedies speed up the body's rate of processing alcohol. Truth: Nothing sobers up a drinker except time.

While a number of factors affect how quickly someone becomes impaired (their mood, how much they weigh, how much food is in their stomach, to name a few), the body needs about one hour to process each ounce of liquor. A person who has had five drinks in two hours burns off only about two ounces of the alcohol and will need at least three more hours of non-drinking time to become sober.

Impairment and Intoxication

At what point does a person become impaired? Impairment is the point where one's intake of alcohol or other drugs affects the person's ability to perform appropriately. The impairment process begins with the very first drink. At low BAC levels, some people may not appear to be impaired, but their judgment, coordination, and reaction time have been affected. Since it takes time for alcohol to leave the stomach and enter the blood stream, a person may continue to become more impaired for a period of time following their last drink.

At what point is someone intoxicated? Intoxication is a legal term that establishes a certain level of alcohol in the blood as the point of impairment severe enough that criminal sanctions are enforced for driving. Most people are severely impaired before they become legally intoxicated. The level of legal intoxication is .08 in every state. Several states including California have now lowered their legal definition of intoxication to .08 for adults and to .00 to .02 for youths under 21. The American Medical Association supports .05 as the legal limit, which is the standard in many foreign countries. The blood alcohol content (BAC) measures the number of grams of alcohol in 100 millimeters of blood. BAC can be measured in blood, urine, or breath.

In many states, a BAC less than the legal limit may still lead to criminal sanctions. Regardless of whether or not the drinker believes he or she can drive, the law in every state says that a person is intoxicated and must not operate a motor vehicle if the BAC reaches .08. It doesn't take many drinks to reach that point! The safest rule to follow is: Don't drive when you've been drinking, and don't ride with anyone who has been drinking.

The Consequences of Drinking and Driving

Driving while legally intoxicated is a crime in every jurisdiction in the United States. State legislatures continue to address the issue by toughening existing laws and passing new ones.

Many states have mandatory jail terms for first time offenders convicted of drunk driving. Many of those states also have a mandatory fine plus standard court costs and fees. In addition, many states administratively revoke the offender's driver's license at the scene of a positive breath test or for refusing a breath test, suspending the license for a period of time. Although individuals may choose to continue driving without a driver's license or insurance, they are likely to be charged with the additional offenses if they are stopped by law enforcement. In most states, after a certain number of offenses, a person can be declared a habitual offender. That, too, carries additional criminal penalties up to life in prison.

Many states have now amended their criminal drunk driving statutes to enhance the penalty if a minor child (Renee) was in the vehicle at the time of the offense.

If the drunk driver is charged with a criminal offense, attorney fees typically range from $50 to $150 per hour. If bail is required for release from jail, cash required is generally 10% to 30% of the bail set.

Judges have a great deal of discretion when sentencing drunk driving offenders, and most are eager to develop creative sentencing options. A judge or magistrate may require the convicted offender to pay for and attend an alcohol treatment program, perform a certain number of hours of community service, and/or pay for and attend a Victim Impact Panel program. In some jurisdictions, judges require the offender to observe an autopsy, place an ad in the local newspaper apologizing for driving drunk, or turn his or her car over for forfeiture.

Besides the criminal consequences of drunk driving, there is also the possibility of civil lawsuits in cases where property damage, injury or death resulted from the drunk driving crash. Win or lose, attorney fees for civil suits are enormous. If a judgment is found against the drunk driver, transferring assets does not protect the drunk driver. Since 1984, declaring bankruptcy does not relieve the offender from financial obligations. Even if the person does not currently have assets or income, civil judgments can be charged to future assets, endangering future earnings or inheritances. In addition, if you are the spouse or legal guardian of the person being sued, or if you provided the car or alcohol involved in the drinking and driving offense, your assets are also at risk.

In some instances, victims of drunk driving crashes may have cause to assert a civil claim known as "negligent entrustment" against the party who owned or controlled the vehicle driven by the intoxicated motorist. Under the doctrine of "negligible entrustment," a person may be held civilly liable for another person's injury or death if he or she was negligent in loaning or entrusting a motor vehicle to a driver knowing that the driver was incompetent or unfit to operate the vehicle safely, and then that driver caused a crash. In most states, a person can be deemed unfit to operate a motor vehicle safely by reason of age or lack of experience, a physical or mental impairment, and/or a pattern or history of habitual reckless driving. In some states, a driver is automatically considered incompetent if that driver does not possess a valid driver's license for the type of motor vehicle which he attempts to operate. In that case, a person could be held liable for knowingly entrusting a vehicle to a driver who did not possess a valid driver's license.

Clearly, intoxication can constitute a physical impairment which will support a claim of negligent entrustment. Thus, when someone loans or otherwise "entrusts" his motor vehicle to a driver he knows or should have known to be intoxicated, he or she can be held liable for injuries to or the death of a person in a crash caused by the drunken driver. Even if the driver is not intoxicated at the time he gains control of the vehicle, a claim of negligent entrustment can still be advanced if there is proof that the owner knew or should have known that the driver had a significant history of drunken driving.

In addition to criminal and civil penalties, some convicted drunk driving offenders lose their jobs due to the policies and procedures in their work place. Convicted drunk drivers who are separated or divorced may also find visitation rights with their children curtailed if this information becomes known to the divorce court.

Insurance rates for convicted drunk drivers increase or their policies are canceled outright, requiring the purchase of new insurance at even higher rates. Any person insured under the same policy as the drunk driver will have difficulty obtaining new insurance. This is true even if you are separated from the offender.

If you have reason to believe that a person has provided false information to obtain a new driver's license, call either the Department of Motor Vehicles or the Department of Public Safety in your state and report this information. Lying or failing to provide accurate information in order to obtain a license is a criminal offense punishable by license revocation and/or jail. You may make the call anonymously, but you will need to provide the driver's name, date of birth, car tag number, and place of employment. All driver's licenses issued are listed in the National Driver Register, so driving privileges revoked in one state can be traced to the offender even if they attempt to obtain a license in another state.

Underage Drinking and Driving

The legal drinking age in the United States is 21. No state law allows for underage drinking. If your underage child drinks and drives, you may be legally liable for any damage, injury, or death caused by your child. This is especially true if you purchased or provided the alcohol.

Although most states recognize the right of parents to serve their own underage child while in the home, you may not legally serve other children or provide alcohol to be consumed somewhere else. Their consumption or possession of alcohol is all the evidence needed for you to be criminally prosecuted or civilly sued.

Legislators are becoming increasingly intolerant of adults who serve alcohol to minors. Adult-supervised parties in which alcohol is served to minors is neither legal nor responsible.

A Drinker's Guide to Safe Driving

You've been invited out for a few glasses of wine after work, and it sounds ever so convivial. But how much is it safe to drink and still drive home? For example, a 120-pound woman would be at .08 if she had three drinks over two hours. Remember, these ranges are only estimates; it's impossible to define a safe level for every drinker or every driving situation. You'll be more affected by alcohol if you don't drink very often or you're tired. If you're not sure you're okay to drive, try switching to water and waiting a while. You can go from .06 to .04, for example, simply by waiting for a couple of hours. If you can't wait call a cab.

0.01 to 0.03 New research shows that driving at this level is probably an acceptable risk. But slow down and keep your eyes peeled. At. .03 it gets harder to quickly choose between two alternatives - a fork in the road, for example. Some studies have found that steering skills and visual acuity also begin to deteriorate. But for most people, core driving skills are still intact.

0.03 to 0.08 You're entering the danger zone - twice as likely to have a collision than if you hadn't had a drink. It's tougher for your eyes to track movement, and your reaction time slows down. Shifting and signaling, which you normally can do automatically, start to require more concentration. At .05, your inhibitions are lowered, making you more likely to drive recklessly. Your coordination is worse and you have trouble dividing your attention between, say, the rearview mirror and the traffic ahead. At .06, you can't accurately judge your own capacity to drive safely.

.08 to .10 Not only are you about three times more likely to get into a collision at this level, you could be considered legally drunk in every state. Your reaction time gets even slower and your movements are clumsy, making it harder to steer, control speed, change gears, keep the car in its lane, and brake when you need to.

.10 to .15 At this level, you're a collision waiting to happen - 12 times more likely to crash. You're also legally drunk in every state. All your driving skills take a nosedive: Your reaction time slows to a crawl and you find it harder to control your movements. With your speech slurring and your body starting to sway, you'd have a hard time standing and talking, let alone driving a car.

.15 to .20 Drink this much and you're a menace on the road, susceptible to blackouts. The average blood alcohol level of drivers in fatal crashes is .17.

.20 to .30 At this point you'd be unlikely to even find your car. You're staggering, seeing double, and falling down.

Source: Health 1994

Ultimately the decision to drink and drive rests with each individual. That isn't very optimistic, but it's the bottom line. Sometimes, thinking about the consequences of drinking and driving motivates a person to change his or her behavior. You should try not to feel guilty, however, if, in spite of everything you do, the person you are concerned about continues to drink and drive. You must acknowledge that you cannot control him or her, and focus on protecting others on the roads and highways.

How To Spot A Drunk Driver

These warning signs should be your signal to take down a license plate number and vehicle description to report to the proper authorities. Do not attempt to stop the vehicle.

Drinking and Driving in California

Everybody has probably heard the old slogan "Alcohol and driving don't mix." This statement is painfully true. Drinking drivers are involved in about 38% of California's fatal traffic crashes.

To avoid this hazard, you should not drive a vehicle or operate a vessel after having alcoholic drinks.

It is illegal to drive with a blood alcohol concentration (BAC) that is 0.08% or more. Drivers under the age of 21 years, if found to have a BAC of 0.01% or more, can be subject to a driver license sanction. A BAC below legal limits does not mean that it is safe to drive. Almost all drivers show the effects of alcohol at levels lower than the legal limit.

Drinking And Operating Vessels

It is illegal for adults to operate any recreational vessel, aquaplane, water skis, or similar devices with a BAC of 0.08% or more, or a commercial vessel with a BAC of 0.04% or more. You may lose your driver license for this type of violation. Vessel driving under the influence (DUI) convictions will show on your driver license record and be counted as a prior DUI conviction.

It is illegal for minors to operate any recreational vessel, aquaplane, water skis, or similar device with a BAC of 0.01% or more. You are subject to a fine and you may be required to participate in an alcohol education or community service program.

Drivers 21 And Older

You must always drive attentively and carefully. You must not drive after you have taken any drink or drug which changes how you drive, makes you less careful, or slows down how you react.

If you are convicted of driving with alcohol or drugs in your body, the judge may give you 48 hours to six months in jail. You will also have to pay $390 to $1,000 in fines (penalty assessment extra), the first time you are convicted.

In addition, you may lose your license for up to six months, or the state may let you drive for a time, while closely watching your driver record. If the vehicle is registered in your name when you are convicted of driving under the influence of alcohol or other drugs (DUI), the court may take your vehicle away for up to 30 days. You will have to pay for storing it.

If you are convicted of driving under the influence of alcohol or other drugs twice within seven years, the court must punish you with time in jail (up to a year), a fine up to $1,000, and may take your vehicle for up to 90 days. You may lose your license for 18 months. After this, you can drive only if you file a special certificate of insurance (SR 22) with the department. You may be allowed to obtain a restricted license if you take part in, and complete, a driving under the influence (DUI) program.

Even if you can get insurance after a DUI conviction, it will probably be very expensive. If you are convicted a third time within seven years, you will lose your driver license for up to three years, pay a heavy fine, and spend three or more months in jail. After that, you must apply for a new driver license, and you can only drive after filing a special certificate of insurance (SR 22) with DMV and proof of completion of a DUI program.

It is a serious crime if any person gets hurt or killed because you were driving under the influence of alcohol or drugs. You will be punished with fines, jail, and license suspension or revocation. You could also face a civil lawsuit that could result in a financial disaster for you.

The law is very strict on carrying alcohol or drugs in a vehicle. You must not drink any alcoholic drink in any vehicle you are driving.

Do not carry on you or in the car, an opened bottle, can, or container with an alcoholic drink in it. A container of liquor, beer, or wine carried in a vehicle must be full, sealed, and unopened. Otherwise, it must be put in the trunk or a place where passengers don't sit. Keeping an opened container of an alcoholic drink in the glove compartment is specifically against the law. The open container restriction applies to motor vehicles operated on public lands as well.

An amendment to the existing law clarifies that both the driver of and the passenger in a motor vehicle upon a highway are prohibited from drinking alcohol or keeping open containers of alcohol in the passenger compartment.

Drivers Under 21

It is against California law to purchase beer, wine, or hard liquor if you are under 21 years old. If you are under 21, the law is especially hard on you when you drink and drive. If you are driving a vehicle that is registered in your name and you are convicted of driving under the influence of alcohol or drugs, the court may take your vehicle away up to 30 days. You will have to pay for storing it.

Many teenagers have been killed or injured because they drove under the influence of alcohol or drugs. Teenagers are more than twice as likely as adult drivers to be involved in an alcohol-related fatal crash.

If you are convicted of driving under the influence of alcohol you will be punished by the courts. The first time you are convicted, you may have to spend time in jail and pay a fine. Additionally, DMV must revoke your driver license for one year or until you are 18, whichever is longer, and until you show proof of insurance.

The law is very strict regarding alcohol in a vehicle. It is against the law to carry on your person or in the car any alcoholic beverage unless you are accompanied by a parent or legal guardian over the age of 21:

Exceptions:

Why Is Drinking And Driving So Dangerous?

You lose your judgment when you drink or use drugs. It is often the first thing about you that changes. Loss of judgment, or good sense, affects how you react to sounds, what you see, and the speed of other vehicles around you.

Good judgment may be as simple as saying, "No!" to a friend who wants to try racing your new car on a country road. However, if you have been drinking or are under the influence of drugs, your good judgment may turn into, "Sure, go ahead, take my new car." Your ability to reason with your friend has all but disappeared. Do not give in.

What Is The Limit?

No one can drink more than one's limit and drive safely - no matter how much driving experience he or she has had. However, new drivers are affected even more than experienced drivers because they have to think more about what they are doing. Research has shown that the younger driver is affected more rapidly by alcohol. Even one drink can affect a person's driving. Two drinks in an hour can make anyone an unsafe driver.

What If A Driver Has Had Too Much To Drink?

Some myths about drinking alcohol say that taking cold showers, drinking black coffee, or exercising will sober a person up. This is not true. Only time, body weight, the number of drinks, and how much has been eaten, can affect how long it takes anyone to "sober up." It takes about an hour for the body to get rid of each "drink". If a person has had more than one drink an hour, one hour of "sobering up" time should be allowed for each extra drink. Better still, someone who has not been drinking should drive.

Other Drugs

Much of what has been said about alcohol also applies to drugs (both legally prescribed medicines and illegal drugs). The state's drunk driving law is also a drug driving law since it refers to "driving under the influence of alcohol and/or drugs."

The law does not have to say which drugs are involved. Many medicines can affect the way one drives. Alcohol can enhance some of the dangerous side effects of many drugs, even those that are prescribed by your physician or purchased over the counter. It is important that you check with your physician or pharmacist before driving after taking any medication.

Almost any drug can affect a person's driving skill. This is true of prescription drugs, drugs you can buy over the counter, or illegal drugs. Here are some facts:

Make sure you read the label and know the effects of any drug you use. If it is a common drug, read the label. Any drug that "may cause drowsiness or dizziness" is one you should not take before driving.

Any drug (and the law does not distinguish between prescription, over-the-counter, or illegal drugs) which impairs your driving is illegal. If an officer suspects that you are under the influence of drugs, the officer can require that you take a blood or urine test. Persons refusing these tests will be subject to the same license suspensions and revocations as for alcohol test refusals. Anyone convicted of possessing, selling, or manufacturing illegal drugs will be subject to a six-month suspension.

Penalties

Administrative Per Se

When you drive in California, you consent to take a test of your blood, breath, or urine if you are arrested for driving under the influence of alcohol or drugs, or both. A Preliminary Alcohol Screening (PAS), or other chemical test, is also required if you are under 21 years of age and detained because the officer believes you have been drinking any amount of alcohol. If you have a BAC of 0.08% or more, or you refuse, or fail to complete a test, the peace officer will take away your license, and at the same time serve you with an order of suspension or revocation. The suspension or revocation takes effect in 30 days. Within that 30-day period, you can request a hearing. However, a stay of the action will be granted only if the hearing is requested within 10 days after the date on the order and the department cannot provide a hearing before the effective date of the action. The issues at the hearing are only the facts related to the arrest or detention and the tests, not whether or not you need a driver license.

If you are arrested because a police officer suspects you have alcohol or drugs in your body, you will be required to take a test to see if it is true. You must choose which one of the three kinds of tests will be used. (But if you are suspected of being under the influence of a drug, you may be required to take a blood or urine test. The option of the urine test is no longer available after July 1, 1999 unless both the blood or breath tests are unavailable or there is a specified condition that warrants using the urine test.) If you are taken to a clinic or hospital for medical reasons and it does not have all three tests, you must take one of the tests available.

You do not have the right to talk to a lawyer or to have one present before deciding on the test, or during the test.

The suspension or revocation is independent of any jail, fine, or other criminal penalty imposed in court for the driving under the influence offense.

How Long Will I Be Suspended Or Revoked?

If you did not take, or you failed to complete, a chemical test:

If you took a chemical test and the test showed 0.08% BAC or more

Effective January 1, 2006, a person convicted of multiple DUI's within 10 years of a prior conviction, can have his or her privilege reinstated, if he or she shows proof of completing the initial 12 months of either the 18-month or 30-month drinking driver treatment program, installs an ignition interlock device, and establishes proof of financial liability. 13352

Tightening the noose further, after July 1, 1999, as a condition of probation for a second conviction of DUI, the court is required, in conjunction with other requirements, to confine the offender in county jail for at least 96 hours, but not more than one year. The law also requires a person who pleads guilty to alcohol or drug related reckless driving to complete a licensed alcohol/drug education program as a condition of probation.

Effective January 1, 2006, the law increases the duration of alcohol treatment programs after a first DUI conviction, where probation is granted from 6 months to 9 months and the required program activity hours from 45 hours to 60 hours when the blood alcohol content (BAC) is 20% or greater, or the subject refuses a chemical test. 23538,23556

Zero Tolerance Law

The law takes a very dim view of drivers under 21 years of age who drink and drive. It is called zero tolerance law. For persons under 21, the blood alcohol concentration of 0.01 or higher means immediate suspension of drivers license.

Restricted License

A restricted license (only for the first offense of 0.08% BAC or more) can be issued following a 30-day suspension of the driving privilege if a chemical test was taken and you were 21 years of age or older when the offense occurred.

You may obtain a restricted license for driving to and from a state licensed DUI program or you may obtain a five-month restricted license to operate to and from work and driving during the course of employment and to and from the activities of a DUI program if you:

Under a law effective July 1, 1999, the option of a restricted drivers license after one year of suspension is not available to those with a second conviction of DUI with injury; the law requires the driving privilege of the person to be revoked for a period of three years.

Ignition Interlock

An ignition interlock is a hand-held breath testing device which is connected to the vehicle and requires the driver to take a breath test for alcohol each time the vehicle is started. A court may require a driver to install such a device if the driver is convicted of driving under the influence once. The court is more likely to impose this sanction to first offenders with 0.20% BAC or to persons who refused the chemical test at time of arrest. The court must require a driver to install such a device if the driver is convicted of driving under the influence more than once. The device must stay on the vehicle for at least the remaining period of the original suspension or revocation and until all reinstatement requirements are met. The driver must pay for having the device installed and for having it checked every two months to be sure it is still working properly.

Under a law effective July 1, 1999, the court is required to order any person convicted of driving while their license is suspended or revoked for any DUI reason to install a certified ignition interlock device on any vehicle the person owns or operates. This restriction may last as long as 3 years or until reinstatement of the driving privilege by DMV.

Alternatives to Drinking and Driving

 Designated Driver

A simple and effective alternative to impaired driving is to develop a plan before drinking. A designated driver is a person who agrees not to use alcohol or other drugs throughout the day or evening, and to see that everyone gets home safely. The designated driver is selected prior to the event and picks everyone up so no one is tempted later to drive home after drinking. It also prevents leaving an unattended car overnight, placing the car owner at risk for a ticket, tow or vandalism. 

Public Transportation

If a group does not have a designated driver, drinkers should plan to use public transportation. Most bars and restaurants are more than happy to call a cab for their patrons. Walking home is infinitely more preferable than impaired driving. However, all cities have public intoxication statutes that may be enforced if a person appears to be intoxicated in public. Planning for a sober driver is the safest and easiest way to get home.

 Your Own Home

When the drinker is in your home and needs to go somewhere else, develop a transportation plan with him or her before the drinking starts. If all else fails, hide the keys, let the air out of the tires, remove the distributor cap, or even move the car.

 If you provide the alcohol, you may be legally liable if someone leaving your home injures or kills himself or someone else while driving. Bars and restaurants can be sued in many states if one of their customers is involved in a crash, but most people are unaware that they can also be sued in under a "social host" statute or case law. Making sure that the drinker does not drive protects not only the drinker, but other people on the road, and you.

 Law Enforcement

If the person of your concern continues to drink and drive in spite of your efforts, call the police immediately after he or she leaves the house and give a description of the car, the driver and the direction of travel. Be aware that law enforcement agencies vary widely in their interest and ability to respond to such calls, but many law enforcement agencies will make an effort to locate the vehicle.

 If they do spot it, they will be able to pull the car over only if they have probable cause to do so. This means the police officer must observe the vehicle being driven in such a way that the officer believes the driver may be intoxicated. Your phone call alone will not be enough for the officer to justify stopping the car. Many states have a toll-free hotline for reporting suspected drunk drivers. Your State Highway Patrol or State Police can tell you if such a number is available in your state. 

Prosecuting Attorney

If the person has already been charged with an alcohol-related crime and was released on bond or bail, call the prosecuting attorney's office and inform them about the ongoing problem. Ask for the prosecutor who has been assigned to the case and inform him or her that the person has a previous impaired driving record or is again drinking and driving. The prosecuting attorney may be able to recommend an appropriate course of action. 

Defense Attorney

The person's defense attorney should have advised him or her to stay out of further trouble with the law. You may want to inform the defense attorney that his or her client continues to drink and drive.

 Probation and Parole

A person who has been convicted of a crime can be put on probation for a period of time instead of serving time in jail or prison. People on probation are required to do certain things as elements of their sentences. They may have to report to a probation officer at certain times; they may be required to go to special classes; they are to refrain from getting into further trouble with the law. The elements of probation are largely determined by the judge who hears the case.

 Parole is similar except that parolees have spent time in jail or prison prior to release. If released before completion of the sentence, they spend the remainder of their sentence on parole. 

A person who violates one or more of the required elements of probation or parole runs the risk of having the probation or parole revoked and going to jail or prison to serve the remainder of the sentence. If the person is on probation or parole, even for a non-alcohol-related offense, and continues to drink and drive, contact the person's probation or parole officer to report this illegal activity. This is especially important if the person has been recently ticketed or arrested for an alcohol-related offense. 

Reporting someone you care about to the authorities can be a very painful step. In the long run, however, it may be more loving than taking no action, and implying by your silence that you support the drinking and driving.

Social Host Responsibility

Planning A Party

As a host, you want your guests to enjoy themselves. Here are a few pointers to ensure that your guests will have fun ... and live to remember it!

Office Parties

During Your Party

 Myths and Facts About Alcohol & Driving

Myth: Coffee can sober up someone who has had too much to drink.  

Fact: Only time sobers. It takes about one hour to oxidize each drink.

 Myth: Hard liquor is more intoxicating than beer or wine.

Fact: A 12-ounce can of beer, a five-ounce glass of wine, and a 12-ounce wine cooler contain the same amount of alcohol and the same intoxication potential as an ounce- and-a-half of liquor.

 Myth: Someone who has had too much to drink will look intoxicated.

Fact: Someone's physical appearance can be misleading. One drink can impair someone's ability to drive. Judgment is the first thing affected when someone has been drinking and important motor skills are next. 

What You Can Do

How do I approach one of my guests who has had too much to drink? I mean, I don't want to lose a friend.

The first time is the hardest, but your actions could save your friend's life or that of an innocent victim. Pull your guest aside and politely, but firmly, tell them that you cannot let them drive home because you care. Offer to let the guest spend the night, call a cab or ask another, sober guest to drive the intoxicated person home.

How will I be held responsible if one of my guests is involved in a crash?

The laws vary from state to state, but you could be held responsible for the costs associated with the crash including medical bills and property damage and be sued for emotional pain and suffering.

What should I do if I see someone driving drunk?

Report drunk drivers immediately to area law enforcement from a car phone or pay phone with the license plate number, description of the vehicle and the direction in which it was traveling.

  Protecting the Children

Real People A Real Problem

A Texas mother released her eight- and ten-year-old daughters to their father for visitation, allegedly knowing that he was on probation for drunk driving and that he was intoxicated at the time. A few hours later, all three died when their car skidded into a pond.

A Colorado father took his five-year-old son for visitation and drove drunk causing a crash. His son survived but is paralyzed from his neck down for the rest of his life.

These are real cases just two of thousands each year in which a child's life is placed in danger by a parent's choice to drink and drive.

No one should choose to ride with an intoxicated driver. However, minor children have little choice when the driver is a parent or other adult with authority over the child.

Many advocates of stricter drunk driving law believe criminal drunk driving penalties should be strengthened when offenders drive with a minor child in the vehicle. Also, Family Court Codes should specify that evidence of driving while intoxicated with children in the vehicle should be considered when determining custody and visitation rights.

The Facts: The Little Victims

 Source: Mothers Against Drunk Driving (MADD)

MADD

Mothers Against Drunk Driving (MADD) was formed to help victims of alcohol- and other drug-impaired driving. The group was begun in 1980 following the death of Candy Lightner's 13-year-old daughter. Cari Lightner, while walking along a city street, was killed by a repeat-offender drunken driver. Searching for justice in her daughter's death, Ms. Lightner found the prevailing attitude within the judicial system at that time a grossly inadequate response to such a tragedy, and she worked to call attention to the need for more appropriate, vigorous and equitable actions on the part of law enforcement and the courts in response to alcohol-related traffic deaths and injuries. MADD's mission involves both fighting impaired driving and aiding victims of such tragedies.

On the Lighter Side: This man has a dog with no legs, so he carries the dog everywhere he goes.  He goes to a bar and sets the dog down on the bar. The bartender comes over, looks at the dog, and asks the man, "Hey man, this dog has no legs." The man says, "Yep."  The bartender asks, "Was he born like that?" The man says, " Yep." The bartender asks, "What's his name?"  The man replies, "I never gave him a name." The bar tender asks, "Why?" The man says, "What's the use?  If I call him, he won't come to me anyway.."

What do you say when your dog runs away?   DOGGONE!

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