Tag Archives: DUI

New Georgia DUI Laws in Effect

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The New Year rang in with new DUI laws in Georgia. Effective Jan. 1, 2013, convicted DUI drivers are eligible to get limited-use permits sooner than before under the condition that they complete state requirements. Gov. Nathan Deal signed the bill, Senate Bill 236, in April 2012. It states that anyone who has a suspended license because of a 2nd DUI conviction in 5 years may apply for a limited driving permit after serving 120 days of driving suspension and showing proof of enrollment in clinical treatment. Drivers must also obtain a certificate of eligibility for an ignition interlock device and prove that they have had one installed in their vehicle and in every vehicle they operate.

The support for the new law stems from the intention of getting help for repeat drunk drivers who may need treatment, and to allow them to still have transportation access to school, work, community service, and other obligations.

Under previous law, 2nd time offenders had to wait 1 full year before applying for a driving permit. Georgia’s state chapter of MADD released a statement, saying, “We are in support of the changes, but do not think they go far enough. We need to make sure that first time offenders are interlocked so they do not repeat offend.”

Fliers Part of New Anti-DUI Program in Schuylkill County

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An anti-DUI program in Schuylkill County is making itself visible in local bars and restaurants with the distribution of “Table Tents”. They are fliers that ask six questions on DUI laws and facts, and are intended to get people to compartmentalize the reality of a drinking and driving arrest. The questions include:

  • Q: How much alcohol is equal to one “drink”?
  • Q: A DUI arrest can result from impairment due to:
  • Q: How many people were arrested for DUI in Pennsylvania last year?
  • Q: What is the minimum amount a DUI in Pennsylvania would cost?
  • Q: What is the range of fines for a DUI?
  • Q: How many alcohol related crashes occurred in Pennsylvania last year?

The answers are:

  • A: 12-ounce beer, 5-ounce wine, 1.5-ounce shot
  • A: Just alcohol, illegal drugs, “designer drugs” (example: synthetic marijuana or bath salts) or prescription drugs
  • A: 57,000
  • A: $5,000
  • A: $300 to $10,000
  • A: 11,812 crashes

Many law enforcement agencies increase patrols around the holidays because there tend to be more alcohol and drug related crashes from Christmas to New Year’s. In 2011, Schuylkill County reported 72 motor vehicle accidents in the county, which resulted in two deaths.

Mahanoy City police Chief Mark J. Wiekrykas said, “We’ve seen an increase in the number of blood (test) results that are coming back (positive) for drugs.” He added that their first case of driving under the influence of bath salts occurred recently.

The NTSB Recommends All States Should Require Ignition Interlock Devices

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The National Transportation Safety Board (NTSB) has recommended that all states update their DUI or DWI laws to require the ignition interlock device for all convicted drunk drivers, even first-time offenders. Currently, only 17 states require the interlock device for first time offenders. The NTSB completed a special investigation report on wrong-way driving collisions, of which more than half involved drivers impaired by alcohol. One of the study’s conclusions states, “New countermeasures to alcohol-impaired driving, as well as renewed emphasis at the federal, state, and local level, are needed.” Also: “The installation of alcohol ignition interlocks on the vehicles of all driving while intoxicated (DWI) offenders would reduce accidents caused by alcohol-impaired drivers.” The NTSB is is an independent federal investigative agency consisting of only about 400 employees and 5 board members. They have an annual budget of nearly $100 million.

The NTSB have pushed for widespread use of ignition interlocks for DUI/DWI offenders for many years. For this recent recommendation, the board cited a new study that found 360 people are killed each year in wrong-way driving crashes, and that 60% of these wrong-way drivers involved alcohol. The report emphasizes that seven of the nine wrong-way driving crashes had drivers with a BAC exceeding 0.15%. Additionally, 9% of those drivers had a previous record of a DWI conviction within the last three years.

The report had specific recommendations to the 33 states that do not currently mandate use of the ignition interlock devices for all DWI offenders, and also the District of Columbia and Puerto Rice. The recommendation specifically states that their governments should “enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses.

The NTSB strongly endorsed continuing development of a “passive alcohol-detection technology” called the Driver Alcohol Detection System for Safety (DADSS). The DADSS would prevent drivers with alcohol in their systems from starting their vehicles if the system detects alcohol with its breath- and touch-based sensors. The NTSB has recommended that the National Highway Traffic Safety Administration and the Automotive Coalition for Traffic Safety would together to accelerate the widespread implementation of these technologies.

An opponent to these measures is Sarah Longwell, The American Beverage Institute’s managing director. She says the interlock devices need to be reserved for “hardcore” offenders, or those whose DUI or DWI involved a very high BAC (above .15%) or repeat offenders. She argues that first-offenders with blood alcohol levels less than double the legal limit need to be treated separately than those with high BACs or who have previous offenses. Longwell said, “You don’t punish somebody going five miles over the speed limit the same way you do somebody going 50 miles over the speed limit.”

If the DADSS systems continue to develop their technologies and become widespread, Longwell surmises that it would “eliminate people’s ability to have a glass of wine with dinner or to have a beer at a ballgame and then drive home.”

According to the Governors Highway Safety Association, states with DUI and DWI laws that require interlock devices for first-time offenders include: Alaska, Arizona, Arkansas, Colorado, Connecticut, Hawaii, Illinois, Kansas, Louisiana, Missouri, Nebraska, New Mexico, New York, Oregon, Utah, Virginia, and Washington. Missouri’s new laws will not be fully enacted until 2013.

NHTSA Announces that Drunk Driving Fatalities Dropped in 2011

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Mothers Against Drunk Driving is celebrating a historic milestone. The National Highway Traffic Safety Administration (NHTSA) has released new data showing that the number of drunk driving fatalities in 2011 fell by 2.5% compared to 2010. The number of people killed in drunk driving accidents (DUI) in 2011 was 9,978, and for the first time this number is below 10,000.

The number of people killed in drunk driving crashes in 2010 was 10,136. The 2011 fatality rate also outpaced the 1.9% decrease in overall highway deaths. MADD National President Jan Withers said, “This drop in deaths is an important milestone in our nation’s ongoing fight against drunk driving and is further validation that MADD’s Campaign to Eliminate Drunk Driving® is working. MADD urges state lawmakers to take advantage of recently passed federal funds available for states requiring all convicted drunk drivers to use an ignition interlock device.”

According to the NHSTA, the costs of alcohol-related vehicle crashes is estimated at $37 billion annually. The number of fatalities in 2010 equated to one person being killed every 51 seconds in an alcohol-related crash.

Many states will now require the ignition interlock device for repeat DUI offenders. In some cases, even first-time offenders may be ordered to install the device in their vehicle. Late in 2012, Alabama joined many other states by reforming their DUI laws and requiring these devices for certain drunk drivers.

MADD began the Campaign to Eliminate Drunk Driving® in 2006, and since the inception of this program the number of drunk driving fatalities has dropped by 27%. The main components of the campaign includes encouraging law enforcement efforts to set up sobriety checkpoints, pushing lawmakers to require ignition interlock devices for all convicted drunk drivers, and supporting the development of technology of breathalyzers and blood analysis to test blood alcohol concentrations.

Florida Reconsiders Alcohol Standard for Ignition Interlock Devices

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The state of Florida has one of the highest thresholds of blood-alcohol levels for a driver who has a court-ordered ignition interlock device in their vehicle. The ignition interlock device will prevent a vehicle from starting if the driver’s alcohol level is measured as too high, and Florida’s standard for the devices is set at .05, which is nearly the legal limit of .08. These devices are often used to deter DUI offenders from future drinking and driving.

The new proposed standard is .025 which is more “in line” with national standards, according to Julie Jones, the executive director of the Florida Department of Highway Safety and Motor Vehicles. She is pushing for legislation that would lower the level for these devices.

Under Florida law, a convicted drunk driver must install the ignition interlock device in their vehicle if they have multiple DUI convictions, if they had a very high BAC (above .15), or if there was a minor in the vehicle at the time of their DUI.

Ignition interlock devices can carry a number of fees, including:

  • $12 interlock fee
  • $75 for installation
  • $72.50 for monthly monitoring and calibration
  • $100 refundable deposit or a $5 monthly insurance charge

Florida statutes require the devices to be installed on a first-time DUI offender if court-ordered. A second-time DUI offender must install the device for at least one year, or two years if they had a high BAC or minor in the vehicle. A third-time DUI offender is required to use the device for 2 years, and a fourth-time DUI offender is required to use the device if they have four convictions or more under the condition of a hardship license.

Independent Study Finds South Dakota’s 24/7 Sobriety Program Reduces DUI

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According to a new RAND Corporation study, South Dakota’s 24/7 Sobriety Project has helped to reduce the number of repeat DUI arrests and additionally there was a 9% reduction rate in the number of domestic violence arrests. The 24/7 Sobriety Program is an alcohol monitoring program that is court-ordered when someone has been charged with an alcohol related offense.

Researchers in the RAND study found that frequent alcohol testing followed by swift but modest sanctions was efficient in reducing repeat drunk driving arrests. The study’s finding was that the 24/7 program was associated with a 12% reduction in repeat DUI arrests , and that overall there were modest reductions in traffic crashes.

The RAND Corporation analyzed data from 2004 to 2010, and Judge Larry Long has said that RAND independently analyzing the data lent to the reliability of the results.

The program requires those charged with multiple DUI’s to submit to twice-daily alcohol breath tests, and some participants were required to wear alcohol-monitoring bracelets as well as install an ignition interlock device on their vehicle.

ACLU Fights Oklahoma Judge Over Court-Ordered Church Attendance in DUI Manslaughter Case

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District Judge Mike Norman is in trouble with the ACLU for requiring ten years of church attendance as part of teenager Tyler Alred’s deferred sentence for DUI manslaughter. (See original posting on this story here.) The American Civil Liberties Union of Oklahoma has filed a complaint with the Oklahoma Council on Judicial Complaints, accusing Norman of violating the Oklahoma Code of Judicial Conduct by infringing on religious liberty. The executive director of the ACLU of Oklahoma, Ryan Kiesel, criticized Judge Norman on his actions.

“We believe in a strong and independent judiciary. For us to come to this conclusion really speaks to the level of disregard that Judge Norman has showed towards the U.S. Constitution and the constitution of the state of Oklahoma,” Kiesel said.

Tyler Alred was allowed to decide between church and prison. Alred’s defense attorney Donn Baker said, “My client goes to church every Sunday. That isn’t going to be a problem for him. We certainly want the probation for him.”

In November, Norman admitted that his ruling may have been unconstitutional, but he was going to wait and see if he would get away with it. “I received a couple of bad calls – one from Oregon and one from Missouri – telling me it was in violation of the U.S. Constitution. They may well be right, but that’s what I did and we made a record,” Norman said. Then he added, “If someone wants to appeal my decision, they’re entitled to do that.”

On Tuesday, the ACLU took him up on his offer.

“Driving High” Marijuana DUI Law in Washington

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Marijuana will be legal in the state of Washington starting on December 6, but drivers need to be aware that the ballot initiative that legalized it also included a new DUI Standard which may make driving riskier for regular users than the previous law did.

Under Washington law, adults (persons 21 years and old) may possess up to an ounce of processed marijuana, 16 ounces of marijuana-infused product (solid form), or 72 ounces of marijuana infused liquid product.

The DUI standard and physical control laws have set the THC level for intoxication at 5 nanograms per milliliter of blood. This has been deemed the level at which motor skills are impaired to the point that it is too dangerous for a person to operate a motor vehicle, and is similar to the standard for alcohol which is 0.08.

A driver’s THC must be tested through a blood test. The law that allows for a blood draw on a driver has changed, they are referred to as Implied Consent laws, and now the law allows for blood tests if the driver is suspected of being under the influence of marijuana.

The DUI standard for persons under age 21 is zero tolerance. Any driver under the age of 21 who is suspected of being under the influence of marijuana, and who subsequently tests for any amount of marijuana in their system, will be charged with DUI.

Washington State Patrol Spokeman Bob Calkins said, “Regardless of whether this person has been a regular user of marijuana, may have a routine THC level in his blood of this point or that point, if he’s driving OK, he’s probably not going to come to our attention. And if he’s driving badly, he probably is going to come to our attention.”

Part V of the initiative, the section that establishes the per se DUI limit of THC at 5ng/mL, has raised concern amongst medical marijuana advocates who say the new DUI law will lead to convictions for those who use marijuana to treat their ailments. The metabolite 11-COOH-THC, which is the secondary metabolite in marijuana that forms after consumption of cannabis and is also known as the metabolite that can remain in a person’s system for days to weeks, is explicitly excluded for from consideration for a DUI charge.

11-OH-THC is the active metabolite of THC. If both 11-OH-THC and 11-COOH-THC are present then motor impairment may still be present.

$73k Anti-DUI Grant Just in Time for the Holidays

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What better way to kick-off a safe start to the New Year than to receive a $73,000 grant to fund an anti-DUI program? The Palm Desert Police Department received the large grant from the state Office of Traffic Safety (OTS). According to the director, Christopher J. Murphy, the DUI checkpoints funded by such grants have been “an essential part of the phenomenal reduction in DUI deaths” from 2006 to 2010 in California. He added, “But since the tragedy of DUI accounts for nearly one third of traffic fatalities, Palm Desert needs the high visibility enforcement and public awareness that this grant will provide.”

The special grant is going to use the funds to target impaired drivers and also educate the public on the dangers of DUI by creating checkpoints. According to Palm Desert Police, the DUI checkpoints have been the most effective tool to any DUI enforcement strategy, and are said to save $6 for every $1 spent.

On November 19 of this year, the Palm Desert Police Department received a $100,072.00 grant from the California Office of Traffic Safety to fund a year-long program aimed to prevent deaths on the roadways through special enforcement and raising public awareness. The grant was said to fund Specialized DUI training in Standardized Field Sobriety Testing, Advanced Roadside Impaired Driving Enforcement, and Drug Recognition Evaluation. The grant was also expected to fund DUI Saturation Patrols, compilation of DUI Hot Sheets, Court sting operations that would catch drivers using their vehicle after a court appearance after their license had been pulled for DUI, and stakeout operations to observe repeat DUI offender probationers with revoked or suspended licenses.

The grant comes at a time when DUI enforcement is at its highest. Programs like DUI checkpoints are used to reduce the number of deaths and injuries related to drunk driving, which is especially high during major holidays like Christmas and New Year’s.

Montana DUI Laws Allow for Lenient Sentence for Man’s 13th DUI

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Judge Susan Watters was required by Montana’s DUI sentencing laws to give a seemingly lenient sentence to a man who has been arrested for drunk driving a dozen times. The case of William Dean Grussing brought light to what the prosecutor referred to as a “gaping hole” in a statute that is supposed to punish drunk drivers. According to the Montana DUI laws, a maximum sentence of 5 years can be imposed for a felony DUI conviction if the defendant previously attended a treatment program while in jail for a DUI offense. However, as in Grussing’s case, if a defendant did not participate in a treatment program they can only be sentenced to a standard term of 13 months followed by a maximum probation of 5 years.

Judge Susan Watters said, “It seems counter-intuitive to me that someone who completes treatment could get five years, but someone who doesn’t gets a more lenient sentence. That doesn’t make sense to me, and I would encourage the Legislature to take a look at that provision.”

Grussing was charged with his 12th DUI in June 2011. While that case was pending, Grussing was arrested for DUI again in June 2012 and was charged with his 13th DUI.

Grussing could have been required to pay a $5,000 fine for felony DUI, which is Montana’s maximum fine. Grussing was ordered to pay $3,000 in fines. Grussing spoke at his sentencing hearing, and said he had been sober for 9 1/2 years before last year’s arrest.

Montana has been getting tougher on DUI laws in other ways. House Bill 14, which changes the look-back period for DUI offenses from five-years to ten-years, was passed in 2011. This means that any DUI on a person’s record can be considered if they re-offend within a ten-year period. Previously, the courts could only consider drunk driving offenses that occurred within the last five years.

Not all lawmakers were fond of this new law, especially Republican Alan Hale, who gave a speech opposing HB14 and the toughening of all DUI laws. He said, “These DUI laws are not doing our small businesses in our state any good at all. They are destroying them. They are destroying a way of life that has been in Montana for years and years. These taverns and bars in these smaller communities connect people together. They are the center of the communities. I’ll guarantee you there’s only two ways to get there: either you hitchhike, or you drive, and I promise you they’re not going to hitchhike.”