Way too drunk to drive: about 48 people a day are killed by drunk drivers. Some of those drivers are extremely drunk.All are sad stories; some are heartbreaking heart·break·ing adj. 1. Causing overwhelming grief or distress. 2. Producing a strong emotional reaction: heartbreaking loveliness. . Kris Mansfield survived his tour of duty in Iraq, only to be killed by a drunk driver less than four months after coming home to Colorado. The drunk driver's blood alcohol content Blood alcohol content (BAC) or blood alcohol concentration is the concentration of alcohol in blood. It is usually measured as mass per volume. For example, a BAC of 0.02% means 0.02 grams of alcohol per 100 grams of individual's blood, or 0. (BAC BAC abbr. blood alcohol concentration ) was an extremely high .217. Seven-year-old Katie Flynn was the flower girl flower girl n. A young girl who carries flowers in a procession, especially at a wedding. Noun 1. flower girl - a woman who sells flowers in the street in her aunt's wedding and was riding home from the ceremony when their limousine was hit by a drunk driver going the wrong way on a Long Island parkway. Katie was killed instantly, along with the limo driver. Six members of the family were seriously injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. . The drunk driver's BAC was .28. These stories have more in common than a young life tragically cut short. The drivers in both instances were extremely drunk, about three times the legal limit. High BAC drivers are one of the most persistent and intractable facets of the drunk driving problem. EXTREMELY DRUNK AND DRIVING Of the more than 42,000 traffic deaths in 2003, 40 percent were alcohol related. Twenty-two percent involved drivers with BAC levels in excess of .16. That's twice the legal limit of .08. It's also incredibly impaired. "High BAC drivers are overrepresented o·ver·rep·re·sent·ed adj. Represented in excessive or disproportionately large numbers: "Some groups, and most notably some races, may be overrepresented and others may be underrepresented" in alcohol-related fatal crashes," says Anne McCartt, vice president for research at the Insurance Institute for Highway Safety The Insurance Institute for Highway Safety is a U.S. non-profit organization funded by auto insurers. It works to reduce the number of motor vehicle crashes, and the rate of injuries and amount of property damage in the crashes that still occur. . "For this reason, there's nothing misguided about deterrence deterrence Military strategy whereby one power uses the threat of reprisal to preclude an attack from an adversary. The term largely refers to the basic strategy of the nuclear powers and the major alliance systems. programs targeting them." At least 32 states have enacted high BAC laws, often called aggravated ag·gra·vate tr.v. ag·gra·vat·ed, ag·gra·vat·ing, ag·gra·vates 1. To make worse or more troublesome. 2. To rouse to exasperation or anger; provoke. See Synonyms at annoy. or extreme drunk driving. States with high BAC laws establish a two-tiered system two-tiered system Social medicine The existence of 2 levels of health benefits and care, depending on whether the Pt can afford to pay or not of drunk driving offenses. The basic drunk driving limit is still set at .08 but a second, higher BAC level is established for drivers who are very drunk. States' high BAC thresholds range from .15 to .20. Some states impose stiffer penalties for a high BAC offense, while others make it a separate offense, with separate penalties. At least 11 states considered bills to establish a high BAC threshold during the 2005 legislative session, but the only bill to pass was in Texas. The new law imposes higher fines and ignition interlocks Noun 1. ignition interlock - a device that prevents an automotive engine from starting; "car theives know how to bypass the ignition interlock" interlock for drivers with a BAC in excess of .15. Are high BAC laws effective? The National Highway Traffic Safety Administration The National Highway Traffic Safety Administration (NHTSA, often pronounced "nit-suh") is an agency of the Executive Branch of the U.S. Government, part of the Department of Transportation. (NHTSA NHTSA National Highway Traffic Safety Administration (US government) ) says yes. In a study of Minnesota's laws, "Enhanced Sanctions for Higher BACs: Evaluation of Minnesota's High-BAC Law," published in 2004, NHTSA found that they worked. Minnesota's high BAC threshold is relatively high, at .20, but strong sanctions have made it effective. The study found that the high BAC law lowered recidivism recidivism: see criminology. and refusal rates among high BAC first-time offenders. GET A BAC TEST It's hard to prosecute a drunk driver if you don't have a BAC test result. Juries want to know how drunk the driver was. For prosecutors, it's the single most important piece of evidence. It's a big problem, however, because nationwide, about a quarter of drivers refuse to be tested. In Louisiana, Massachusetts, Ohio and Texas, the refusal rate is more than 40 percent. In New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). and Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. , more than 80 percent of allegedly drunk drivers refuse. In many states, the punishment for refusal is light--generally a license suspension. Compare that to the penalties for a conviction, which at a minimum include a suspended license, fines, jail time and probation. It's no wonder many drunk drivers refuse the test. So at least 15 states have made it harder to refuse. They've adopted criminal penalties for refusal that include hefty fines and jail time. In Alaska, Minnesota and Vermont, the penalties for refusing to be tested are the same as for being convicted of drunk driving. Advocates believe that faced with harsher penalties for refusing, more drunk drivers will take a BAC test, hoping that they'll pass. Getting drivers to take BAC tests may have broader benefits. "Reducing test refusals increases the effectiveness of the criminal system so offenders can't avoid penalties. It can also identify problem drinkers problem drinker Substance abuse A person who meets 2 of the 3 criteria in the last 12 months, for alcoholics. See Alcohol, Binge drinking. Cf Social drinker. , and help them get some help," according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Dr. Thomas Zwicker, senior research associate with the Preusser Research Group in Connecticut. REQUIRE IGNITION INTERLOCKS Many high BAC drivers are repeat offenders. So a number of states now require them to have an ignition interlock installed on their vehicle. The device is similar to the Breathalyzers police use. The driver blows into the ignition interlock before starting the car. If the device detects alcohol in the person's breath, the car won't start. Some devices require frequent retesting while the car is running, to ensure that the driver isn't drinking while driving. Judges typically have the discretion to order the installation of ignition interlocks as part of sentencing for convicted drunk drivers. In states where use of ignition interlocks is mandatory, they are generally required only for repeat offenders, as a condition of probation, or for restoration of limited driving privileges. New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S). passed a law in 2005 making it the first state in the nation to mandate ignition interlocks for all convicted drunk drivers, including first time offenders. "It's a great use of new technology and behavior modification behavior modification n. 1. The use of basic learning techniques, such as conditioning, biofeedback, reinforcement, or aversion therapy, to teach simple skills or alter undesirable behavior. 2. See behavior therapy. wrapped up into one," says Senator Kent Cravens, who co-sponsored the law with Representative Ken Martinez. Senator Cravens knows first-hand the pain caused by drunk drivers. His sister-in-law and three nieces were killed and his brother severely injured by a drunk driver in a tragic Christmas Eve accident in 1992. The New Mexico law requires all convicted drunk drivers to apply for an "Ignition Interlock License" permitting them to drive legally on a revoked license once they have an ignition interlock installed. Drivers who don't apply because they don't have a vehicle or claim they won't drive can be sentenced to house arrest. Approximately 6,000 interlocks have been installed in New Mexico so far. According to the New Mexico Department of Transportation, offenders who have an ignition interlock installed on their vehicle have 75 percent fewer drunk driving arrests than those without interlocks. TREAT SUBSTANCE ABUSE Drivers with drinking or drug addictions drug addiction or chemical dependency Physical and/or psychological dependency on a psychoactive (mind-altering) substance (e.g., alcohol, narcotics, nicotine), defined as continued use despite knowing that the substance causes harm. are more likely to become repeat offenders or to drive when extremely impaired. Addressing underlying substance abuse problems is critical in stopping the cycle, experts say. More than half the states require convicted drunk drivers to attend education programs on alcohol and drug abuse. And a growing number of states are requiring substance abuse education even for first time offenders. But for some, education is not enough. Judges in almost all states have the discretion to require offenders to undergo substance abuse treatment as part of their sentences. Many states require education and treatment for limited restoration of driving privileges or as a condition of probation. Getting convicted impaired drivers into treatment for drinking or drug problems helps to curb repeated offenses. MAGNITUDE DEMANDS ACTION States have made great progress over the last three decades in reducing drunk driving fatalities. In the past, alcohol was involved in more than half of traffic fatalities. Now it's down to about 40 percent. But there's still a long way to go in reducing drunk driving deaths. Like those about Kris Mansfield and Katie Flynn, there are thousands of tragic drunk driving stories each year. In 2004, 16,694 deaths were caused by impaired drivers. That's about 320 people a week, roughly the equivalent of a weekly plane crash killing everyone on board. If that were happening, no one would fly and the public would clamor for action. Because drunk driving deaths generally involve only one or two victims at a time and they're spread all over the country, the death toll isn't as obvious as a weekly plane crash. But the number of deaths is the same. And each story is personal. Glynn R. Birch, national president of MADD MADD Mothers Against Drunk Drivers Public health An organization that advocates stricter legislation against DUI and underage drinking, and provides support services for victims of DUI collisions. See DUI. , lost his 21-month old son to a drunk driver. "MADD continues to remind the country that drunk driving should not be tolerated, by placing the faces of loved ones loved ones npl → seres mpl queridos loved ones npl → proches mpl et amis chers loved ones love npl on the cold, hard statistics that litter our roadways," says Birch. Considering the thousands of families affected every year, it's time It's Time was a successful political campaign run by the Australian Labor Party (ALP) under Gough Whitlam at the 1972 election in Australia. Campaigning on the perceived need for change after 23 years of conservative (Liberal Party of Australia) government, Labor put forward a for a renewed commitment to get hardcore drunk drivers off the roads for good. GOING AFTER FEDERAL FUNDS Federal Funds Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements. Notes: These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve States are eligible for federal money if they have an alcohol-related fatality rate fa·tal·i·ty rate n. See death rate. fatality rate see case fatality rate. of 0.5 or less per 100,000,000 vehicle miles traveled or if they have in place the laws or programs listed below. * For FY 2006: three programs * For FY 2007: four programs * For FY 2008 and FY 2009: five programs SAFETEA-LU SAFETEA-LU Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users ALCOHOL PROGRAMS * Sobriety check points and saturation patrols * Prosecution and judicial outreach * Increased BAC testing * High BAC standard of .15 * Alcohol rehabilitation rehabilitation: see physical therapy. and impaired driver courts * Underage drinking prevention * Administrative license revocation License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation * Self-sustaining impaired driving prevention HARDCORE COALITION TO FIGHT DRUNK DRIVING The coalition was formed in 2001 to maximize resources in the fight against hardcore drunk drivers and includes The Century Council, AAA AAA: see American Automobile Association. (Triple A) A common single-cell battery used in a myriad of electronic devices of all variety. Like its double A (AA) cousin, it provides 1.5 volts of DC power. When used in series, the voltage is multiplied. and the National Transportation Safety Board. Hardcore drunk drivers are those who have prior drunk driving arrests, drive with a BAC in excess of .15 and are highly resistant to changing their behavior. To combat hardcore drunk driving, the coalition supports: * Comprehensive enforcement. * Administrative license revocation. * Enhanced penalties for high BAC offenses. * Ignition interlocks. * Vehicle or plate impoundment An action taken by the president in which he or she proposes not to spend all or part of a sum of money appropriated by Congress. The current rules and procedures for impoundment were created by the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.A. or forfeiture The involuntary relinquishment of money or property without compensation as a consequence of a breach or nonperformance of some legal obligation or the commission of a crime. The loss of a corporate charter or franchise as a result of illegality, malfeasance, or Nonfeasance. . * Home electronic monitoring. * Mandatory treatment. * Dedicated DUI detention facilities. * Increased penalties for test refusal or driving on a suspended license. The Century Council's hardcore drunk driving project has published "Combating Hardcore Drunk Driving," which summarizes drunk driving policies and makes recommendations on effective strategies. The publication can be downloaded at www.dwidata.org. The site also includes a profile of each state's drunk driving laws and programs. Contact the Century Council at www.centurycouncil.org/home.html for more information. Jeanne Mejeur is NCSL's expert on drunk driving laws.
MAKING IT A CRIME TO REFUSE
Alaska Class A misdemeanor-Class C felony; $250-$5,000 fine;
72 hours to 1 year jail; 90 days to 5 years license
revocation; possible vehicle forfeiture.
Arkansas For drivers 21 and under: $100-$2,000 fine, 30 to 60
days community service.
California 48 hours to 6 months jail, $390-$1,000 fine; 6 months ]
license suspension.
Delaware 90 days to 1 year vehicle impoundment.
Florida 2nd refusal: 1 st degree misdemeanor, up to 1 year in
jail and/or $1,000 fine.
Hawaii Vehicle registration revoked concurrently with license
suspension.
Indiana Class C Infraction in case of injury/fatality accident;
$500 fine.
Maine Court's discretion to suspend vehicle registration.
Maryland $500 fine, 2 months jail.
Minnesota Misdemeanor-felony; 90 days to 5 years jail; $1,000 to
$10,000 fine.
Montana $2,000 fine, 2 days to 6 months jail, 40 hours community
service.
Nebraska Class W misdemeanor-Class IV felony; $500-$10,000 fine;
60 days to 5 years jail.
New Jersey $300-$1,000 fine, 12 hours alcohol education/ treatment,
$3,000 to $4,500 insurance surcharge.
New York $300 to $750 fine.
Ohio Minor misdemeanor-3rd degree misdemeanor; $100 to $500
fine; 30 to 60 days jail.
Rhode Island $200 to $500 fine + $500 highway safety fine; 10 to 60
hours community service, mandatory alcohol/drug
treatment.
Tennessee Class A misdemeanor; $1,000 fine; 5 days jail.
Vermont Misdemeanor-felony; $750 to $10,000 fine; 1 to 15 years
jail; 200 to 400 hours community service.
Virginia Criminal misdemeanor, extended administrative license
revocation.
Sources: National Highway Traffic Safety Administration, Westlaw and
Lexis searches.
ESTATE HIGH BAC LAWS
State High BAC
Offense(s)
Arizona .15
Arkansas .15
California .20
Colorado * .15
.20
Connecticut .16
Delaware * .16
.20
District of Columbia * .20
.25
Florida .20
Georgia .15
Idaho .20
Illinois * .15
.20
Indiana .15
Iowa .15
Kentucky .18
Louisiana .15
Maine .15
Minnesota .20
Missouri .15
Montana .18
Nevada .18
New Hampshire .16
New Mexico .16
North Carolina * .15
.16
Ohio .17
Oklahoma .15
Rhode Island .15
South Dakota .17
Tennessee .20
Texas .15
Utah .16
Virginia * .15
.20
.25
Washington .15
Wisconsin * .17
.20
.26
* Graduated sanctions based on BAC level.
Sources: National Highway Traffic Safety Administration and NCSL.
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