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    The Dangers of Drinking and Driving: Risks, Laws, and Consequences

    Alcohol: What Families Need to Know e-book

    Drinking and driving is a major problem that puts everyone on the road at risk. When someone drinks alcohol, it affects their ability to think clearly and make good decisions. This means they might drive too fast, miss stop signs, or not react quickly enough to avoid accidents. Even one drink can slow a driver’s reaction time and make it harder to focus on the road. In this guide, we’ll explore the dangers of drinking and driving, the legal consequences, and how to support a loved one facing a DUI charge.

    How often do people drive drunk before getting caught?

    According to a 2020 survey on risky behaviors, there were an estimated 127 million drunk driving episodes while only 1 million arrests were made.1 This statistic shows how often people take the risk of drinking and driving before being caught. It’s dangerous for everyone on the road. It’s also a reminder of why it’s so important to prevent drinking and driving through education, law enforcement, and technology.

    How much alcohol is too much?

    There is no universally safe number of drinks one can have before driving.  Every person is different in terms of how they process alcohol based on biological sex, weight, food intake, level of tolerance to alcohol and other factors.  

    One way to measure the amount of alcohol in a person’s system is to measure Blood Alcohol Concentration (BAC). BAC shows the percentage of alcohol in a person’s blood. In most states, it’s illegal for drivers over the age of 21 to have a BAC of 0.08% or higher. For drivers under 21, there is a zero-tolerance policy. This means they can’t have any alcohol in their system when driving.

    What to expect if you’re pulled over

    If a police officer pulls you over under suspicion of drinking and driving, the officer will ask you a few questions and observe your behavior. They may look for signs like slurred speech, the smell of alcohol, or a problem following instructions. Next, they may conduct some tests, such as:

    • Field Sobriety Tests: These are physical tests like walking in a straight line, standing on one leg, or following a moving object with your eyes.
    • Breathalyzer Test: The officer may ask you to blow into a breathalyzer to estimate your BAC. When you breathe into a breathalyzer, the device uses a chemical reaction to estimate your BAC. Police officers often use breathalyzers during traffic stops to check if a driver is under the influence of alcohol. Breathalyzers are not perfect. They may give incorrect readings based on factors like certain medications or the person’s body temperature.

    Can you refuse a breathalyzer test?

    There may be serious penalties if you refuse to take a breathalyzer test. For example, you may lose your driver’s license for six months to a year. This is because of something called implied consent laws. When you get a driver’s license, you agree to take these tests if a police officer suspects you’re driving under the influence.

    It’s also important to know that refusing the breathalyzer test doesn’t mean you won’t be charged with a DUI. You can still be arrested based on other evidence, such as your behavior or the results of a field sobriety test. Refusing the test can also be used against you in court as evidence that you might have been under the influence.

    The consequences of drinking and driving

    The dangers of drinking and driving are many—and drinking and driving is also against the law. If a person is caught driving under the influence, they can face serious consequences, including:

    • Required alcohol education or a treatment program 
    • Community service 
    • Fines 
    • Suspended or revoked license 
    • Jail time 
    • Higher insurance rates 

    If someone seriously injures or kills another person while driving under the influence of alcohol, the legal consequences can be severe. While it depends on where the accident was and what specifically happened, here are some of the more common legal outcomes:

    Vehicular Manslaughter or Homicide

    Vehicular manslaughter (or vehicular homicide) is the charge for killing someone while driving under the influence. If a driver causes a fatal crash due to intoxication, they may face felony charges. These charges can result in long prison sentences, very large fines and permanently losing a driver’s license. A person may also be required to attend alcohol treatment programs.

    Aggravated DUI

    If a person is seriously hurt, the driver may face aggravated DUI charges. This is a more serious charge than a typical DUI. It usually applies when there are serious injuries or deaths involved. This charge can also be imposed if there is a history of DUIs or the person is driving on a suspended or revoked license. Penalties for aggravated DUI can include longer prison sentences (up to 15 years or more), bigger fines, and required alcohol education or treatment programs.

    Civil Penalties

    A driver may face civil lawsuits in addition to criminal charges from the person they injured or their family if a loved one died in a car accident. The driver may be required to cover medical bills, lost wages, funeral expenses, and other finances to compensate for the victim and/or family’s pain and suffering.  There may be additional money asked for to punish the driver for reckless behavior and discourage future incidents.

    Overall, the legal consequences for causing serious injury or death while driving under the influence are harsh and life-altering. The severity of the punishment is often tied to factors like a prior criminal record, the driver’s BAC level, and the specific state’s laws.

    Ignition interlock devices

    For people who have been caught drinking and driving before, the court might require the installation of a special device in their car called an ignition interlock device (IID). An IID works like a breathalyzer, but it’s connected to the car’s engine. Before the person can start the car, they must breathe into the IID. If the device detects alcohol, the car won’t start.

    While ignition interlock devices can help prevent drinking and driving, they’re not foolproof. Some people might try to trick the device by having someone else blow into it. To prevent this, many IIDs now come with cameras to ensure the right person is giving the breath sample. Even so, IIDs and breathalyzers can still have errors or be misused. For example, using mouthwash or eating certain foods can sometimes cause a false positive reading on the device.

    Despite these limitations, ignition interlock devices have been shown to reduce repeat instances of drinking and driving. They are an important tool for keeping roads safer, especially when combined with education and treatment for alcohol use disorder.

    The Do’s and Don’ts if a loved one is charged with a DUI

    When a loved one is charged with a DUI, it’s not uncommon for families to feel overwhelmed, anxious, and angry among other emotions.  It can help to take a deep breath and help support your loved one while ensuring that legal and personal consequences are handled properly. Here are some do’s and don’ts to keep in mind. 

    Do’s 

    1. Find an attorney: Encourage your loved one to speak with an attorney who specializes in DUI cases as soon as possible. They will get many offers of help in the mail. Be sure to ask questions about the lawyer’s experiences, caseload, what investigations they will undertake, fees and track record. Decide if you will provide any financial support for an attorney. 
    2. Provide Emotional Support: While your loved one needs to recognize the seriousness of the situation, it helps to have emotional support. Often loved ones will feel anxious about the outcome, embarrassed that it’s public knowledge, and guilty for driving impaired.  
    3. Encourage them to “own it”: Stress the importance of being accountable for their actions. This can include following up on appointments with their lawyer and the court, paying court costs and fines on time, attending required DUI classes, or getting help for their substance use. 
    4. Learn about the process: Know about court dates, deadlines, and potential consequences. Understanding how the DUI process works (fines, potential jail time, license suspension, or probation) can help you offer support at important moments. 
    5. Encourage treatment: Encourage your loved one to seek help for their alcohol use. Alcohol treatment programs can help address the reasons why they are drinking and prevent future incidents. 
    6. Discuss the financial impact: DUIs can result in many expenses including fines, higher insurance rates, legal fees, court costs, and expenses related to attending required programs. There are also costs to get one’s license back. Again, families can decide if they want to contribute to any of these costs.  While it may be tempting to pay for everything if you have the means to do so, letting your loved one feel the burden of the costs and other consequences can be a powerful life lesson. 
    7. Support complying with court orders: Encourage your loved one to follow court-ordered programs, including community service, ignition interlock devices, and alcohol education classes. Your loved one may be angry about the penalties imposed, but failing to follow these orders can result in stiffer penalties. 

    Don’ts 

    1. Don’t treat a DUI as “no big deal”: Driving under the influence is dangerous and can result in severe legal and personal consequences. Shrugging it off as “no big deal” can prevent your loved one from understanding the seriousness of the situation and making necessary changes.
    2. Avoid confrontations: The stress of a DUI charge can lead to lots of emotions and the need to process feelings. Try to avoid intense confrontations immediately after the arrest.  
    3. Don’t advise against legal counsel: Don’t hope that the situation will “blow over” without proper legal help or try to handle it without an attorney. Even first-time offenders can face significant legal consequences, and a lawyer can help minimize long-term damage. 
    4. Don’t solve all of their problems: Don’t make excuses for your loved or cover up for their actions.  Don’t pay for all of the fines, attorneys fees, court costs, impound charges, etc. Instead, encourage them to face the consequences and learn from the situation.  

    The potential dangers of drinking and driving are never worth the risk. The effects of alcohol on the brain and body make it nearly impossible to drive safely, and the consequences can be deadly. Tools like breathalyzers and ignition interlock devices can help prevent dangerous situations, but the best choice is always to avoid drinking and driving altogether. By making smart decisions and planning ahead, we can all help keep the roads safe for everyone.