DRUNK DRIVING
Lianne Chan
Serena Sugrim
Jonathan Lee
Amy Petersen
Background Information
• Legal Drinking Age
• Legal BAC
BAC Measurements
0.01 -0.06
0.06 - 0.10
0.11 - 0.20
0.21- 0.29
0.30 - 0.39
0.40 - 0.50
Impairment on Body
Thought / Judgment / Coordination
Reasoning / Peripheral Vision
Reaction Time / Speech
Memory black out/Loss of Consciousness
Bladder Function / Breathing / Heart Rate
Unconsciousness / Death
Car Accident Fatalities
In New York
Year
2000
2001
2002
2003
2004
2005
Tot
1,460
1,564
1,530
1,491
1,493
1,429
Alc-Rel
476
505
482
529
587
524
%
33
32
31
35
39
37
0.08+
382
412
403
458
494
434
%
26
26
26
31
33
30
An Introduction to New York State
DWI (Alcohol) Laws
•
1.
2.
•
•
New York Driving While Intoxicated (“DWI”)
laws can be prosecuted under two different
legal theories:
Prosecuted for violating the “per se” lawwhich is based only on alcohol level, not
driving impairment.
Prosecuted under the traditional “common
law” theory- where the prosecution must
prove that the driver is intoxicated.
New York “DWAI” law- Driving While Ability
Impaired by Alcohol
“Aggravated” DWI, which is a new, “per se”
DWI law
New York State Zero Tolerance Law
Are you under 21 years old? An introduction to New
York State’s Zero Tolerance Law:
•
•
•
The Zero Tolerance Law applies to a person under age 21
who operates a motor vehicle with a BAC of not less than
.02%, nor more than .07%, regardless of whether or not
the person is legally “impaired” at all.
For a first-time Zero Tolerance violation, you will lose
your license for six months.
If you are under 21 and refused a breathalyzer test, your
license will be revoked for at least one year. At the very
least, you will also have to pay various civil fees to the
DMV before you are granted back your driving privileges.
New York DWI Penalties
•
First offense DWI or DWAI-Drugs (i.e., no prior DWI convictions within
10 years):
• A fine of no less than $500 and no more than $1,000.
• Possible jail time of up to 1 year.
• Loss of license for at least 6 months.
•
Second Offense DWI or DWAI-Drugs Within 5 Years:
•
Third Offense (Or More) DWI or DWAI-Drugs Within 5 Years:
• A fine of no less than $1,000 and no more than $5,000.
• Mandatory jail time of at least 5 days or at least 30 days community service,
or possible prison time of up to 4 years.
• Loss of license for at least 1 year.
• A fine of no less than $2,000 and no more than $10,000.
• Mandatory jail time of at least 10 days or at least 60 days community
service, or possible prison time of up to 7 years.
• Loss of license for at least 1 year, ignition interlock device, and required
alcohol evaluation.
Second Offense DWI or DWAI-Drugs Within 10 Years:
• A fine of no less than $1,000 and no more than $5,000.
• Possible prison time of up to 4 years.
• Loss of license for at least 1 year.
Third Offense (Or More) DWI or DWAI-Drugs Within 10 Years:
• A fine of no less than $2,000 and no more than $10,000.
• Possible prison time of up to 7 years.
• Loss of license for at least 1 year.
New York Aggravated DWI Penalties
•
First Offense Aggravated DWI:
• A fine of no less than $1,000 and no more than
$2,500.
• Possible jail time of up to 1 year.
• Loss of license for at least 1 year.
•
Second Offense Aggravated DWI Within 5 years:
• A fine of no less than $1,000 and no more than
$5,000.
• Mandatory jail time of at least 5 days or at least 30
days community service, or possible prison time of
up to 4 years.
• Loss of license for at least 18 months.
•
Third Offense (Or More) Aggravated DWI Within 10
years:
• A fine of no less than $1,000 and no more than
$5,000.
• Mandatory jail time of at least 10 days or at least
60 days community service, or possible prison time
of up to 7 years.
• Loss of license for at least 18 months.
New York DWAI Penalties
•
First offense DWAI:
• A fine of no less than $300 and no more than $500.
• Possible jail time of up to 15 days.
• Loss of license for 90 days.
•
Second Offense DWAI Within 5 years:
• A fine of no less than $500 and no more than $750.
• Possible jail time of up to 30 days.
• Loss of license for at least 6 months.
•
Third Offense DWAI Within 10 years:
• A fine of no less than $750 and no more than $1,500.
• Possible jail time of up to 180 days.
• Loss of license for 90 days if previous violation occurred
over five years ago, and loss of license for at least 1 year if
it occurred within five years.
Organizations Against Drunk
Driving
- M.A.D.D (Mothers Against Drunk
Driving) was launched in 1980 by a
California woman, Candy Lightner,
after her 13-year old daughter was
killed by a drunk driver. It is a not-forprofit organization.
- By 1984, MADD had 330 chapters in
47 states, and in that year, MADD
helped persuade President Ronald
Regan to sign the Uniform Drinking
Age Act, which denied federal
highway funding to state that did not
raise their legal drinking age to 21.
MADD Continued…
• MADD’s longest
campaign
involved
convincing state
legislatures to
lower the legal
standard by which
a person is
defined as
intoxicated, from
.10 to .08.
MADD Continued…
• MADD believe that
New York could be
more aggressive in
keeping repeat
drivers off the road
by following states
like New Mexico,
which require that all
convicted offenders
have ignition
interlock systems in
their cars.
MADD Ad’s and
Commercials
• This is one of
MADD’s ads in a
public restroom to
remind people to not
drink and drive.
Commercial
• SADD (Students Against Destructive
Decisions) was initially founded by
Robert Anastas as Students Against
Drunk Driving in Wayland,
Massachusetts in 1981, but expanded
its mission to all things of destructive
behavior. It is a Not-for-profit
organization.
• Affirm a “No Use” message related to
alcohol and other drugs and want to
prevent underage drinking, substance
abuse, impaired driving, violence, and
suicide.
SADD Continued…
• SADD has a unique
approach in that it
involves young people
delivering the education
and preventive
messages towards
alcohol, and drugs. The
messages are delivered
through things like
school activities and
campaigns. Also,
projects may include
peer-led classes and
theme-focused forums,
workshops conferences
and rallies.
Even President Bush was convicted
of Drunk Driving, and Lied to Cover
it Up
“Man in deadly 1981 crash gets
prison for 4th DWI conviction”
Name: Robert Madison
Age: 46
Offense: DWI
“Repeat offender since 1980s
charged again in DWI”
Name: Lugene Shepard
Age: 52
Offense: DWI, driving
without a license,
resisting arrest
Catholic Social
Teaching
• Community and the Common
Good
• Community put at risk
• Solidarity
• “firm and preserving determination
to commit oneself to the common
good.”
• Role of Government
Prevention Strategies
Effective measures to prevent DWI:
•
•
Aggressively enforcing existing 0.08% BAC laws.
Aggressively enforcing minimum legal drinking age
laws, and zero tolerance laws for drivers younger than
21 years old.
• Promptly suspending the driver’s licenses of people
who drive while intoxicated.
• Sobriety checkpoints
• Health promotion efforts that use an ecological
framework to influence economic, organizational,
policy, and school/ community action.
• Multi- faceted community-based approaches to
alcohol control and DUI prevention.
• Mandatory substance abuse assessment and
treatment for driving-under-the-influence offenders.
Prevention Strategies
Other suggested measures to prevent DWI:
•
Reducing the legal limit for blood alcohol concentration
(BAC) to 0.05%
• Raising state and federal alcohol exercise taxes
• Implementing compulsory blood alcohol testing when
traffic crashes result in injury
• Increase sobriety checkpoints to reduce alcohol-related
crashes
• Stronger state DUI prevention activities may reduce
alcohol-impaired driving
• Increase the anti-drunk-driving advertising campaigns
• Installation of a ignition interlock device
• More serious penalties for driver’s with a BAC over 0.15%
or 0.20%, such as longer jail time, larger fines and a
longer DUI program