Thursday, August 9, 2012

Drinking and Driving Statistics

  • In 2010 drunk driving fatalities per 100,000 population was 3.3%. This represents a 64% decrease in drink driving related fatalities since 1982.
  • What this means is that for every 100,000 people in the US, 3 people were killed in a drunk driving related crash in 2010.
  • Alcohol impaired driving fatalities accounted for 31% of total vehicle traffic fatalities in 2010.
  • Between 1991 and 2010 the drink driving fatalities decreased 48%.
  • Under 21 years of age drunk driving fatalities have declined 57% from 1991 to 2010.
I found a very interesting link that allows you to click on a State and find the drinking and driving statistics for that State. Please check it out at centurycouncil.org/state-facts

Wednesday, August 8, 2012

How to avoid DUI

I just read an excellent article written by two DUI lawyers entitled 101 Ways to Avoid a Drunk Driving Conviction. The entire article can be read in its entirety at DrunkDrivingDefense.com

In summary the article talked about issues such as questions concerning breathalyzer accuracy, what to do after dui arrest, and most importantly they address the question of is being arrested the same as being convicted.

This article gives the reader a prevention checklist on not only how to avoid getting arrested but most importantly how to avoid being convicted of dui.

I hope you enjoy the article.



Monday, July 23, 2012

How does a DUI affect your car insurance?

If you are convicted of a DUI, you will be required by state law to add a SR-22 or a FR-44 certificate to your car insurance. In Virginia and Florida a FR-44 is required and in all the other states a SR-22 is required. Both forms of additional car insurance will have to be filed with the Division of Motor Vehicles prior to the offender being able to obtain a hard copy of his restricted license from DMV. The additonal insurance must be provided for every vehicle registered in the DUI offender's name.

The SR-22 is a certificate that is added to your exisitng car insurance. This is a liability form of insurance. This type of coverage is designed to provide higher limits on bodily Injury, death of one or more persons, and property damage. The offender is required to carry the higher limits becasue he is now viewed as a higher risk to everyone else on the road. The certificate will show the additional coverage as 20/40/15. This means coverage of $20,000 for one person killed or injured, $40,000 for two or more persons killed or injured, and $15,000 for damaged property. The FR-44 in Virginia is similar in nature to the SR-22 except that the coverage limits are higher, 50/100/40. In Florida the FR-44 coverage limits are higher are higher than Virginia's limits, 100/300/50.

I have always heard that a DUI will cause your car insurance premiums to skyrocket. The fact is that the SR-22 coverage adds very little to your insurance premiums and some insurance companies will provide this additional coverage for free. The additional cost of the FR-44 is $15 to $25 depending whether you are in Virginia or Florida. Your current insurance company may raise your premiums or even cancel your insurance all together because of your DUI. My former insurance provider had been providing me car insurance to for over 20 years and I had a very clean driving record up until the DUI. I received a letter from my insurance company shortly after my DUI conviction stating that my my car insuarnce would be cancelled on all my vehicles. I did some shopping a  
around and found insurance coverage that was less expensive than what I was paying even with the added FR-44. My best advice is for you to start calling insurance companies now and start getting quotes on your car insurance. In a matter of hours you can have a new policy in place for all your vehicles.

Saturday, March 24, 2012

DWI DUI

DWI is driving while intoxicated. DUI is driving under the influence. Some states differentiate between the two. In these states a DWI is considered the worst of the two and the offender should obtain the services of a DWI lawyer in an attempt to get the DWI reduced to a DUI. In other states there is no difference between the two. These states have what is considered no tolerance drunk driving laws. Other states use DUI to refer to an offender who has been convicted of driving while under the influence of drugs other than alcohol. My suggestion for you is to check the drunk driving laws of your state to see how DWI DUI is defined.

Thursday, February 16, 2012

Ignition Interlock Device

If your BAC (Blood Alcohol Concentration) is .15 or higher at the time of your DUI arrest, chances are good that you will have to have an Ignition Interlock Device installed on your car. You will also be required by court order to have one of these devices installed on every vehicle registered in your name. An ignition interlock device is a mechanism that is installed below your dashboard that you will have to breathe into each time before you start your vehicle. If your BAC is over a certain amount, your vehicle will not start. The court will mandate that you have one of these devices installed before you start driving on your restricted driver's license. It varies from state to state, but on average, the device is required to be installed for at least 6 months.

You will have to take your vehicle to a local dealer that installs and maintains the interlock devices. You will pay $50-$200 to have the device installed. Once it is installed, you will have to pay $50-$100 for the monthly rental costs of the device. Every 60 days or so you will also have to take your vehicle to the dealer to have the device calibrated. Clearly, this can get very costly if you have multiple vehicles registered in your name.

The ignition interlock also has a feature called "rolling tests" that require a driver to blow into the device while the vehicle is running. The purpose of the rolling tests is to prevent sober individuals from blowing into the device for intoxicated drivers. If this test is positive, alarms such as your horn and flashing lights will go off. These alarms will not stop until the ignition is turned off.

The ignition interlock device contains a computer chip that records your BAC when you breath into the device. If there is a positive reading the vehicle will not start from that point forward. The computer chip also will detect any tampering of the device. If the chip records a positive reading or signs of tampering, your ASAP case worker and/or the law enforcement officials will be contacted immediately. This would be grounds for violation of your probation period and you will then be required to go back to court for additional penalties, jail time, or fines. You could also lose the privilege to drive for a longer period of time.

Mothers Against Drunk Driving went to Washington late last year in an attempt to push Congress to make these devices mandatory for life for all drunk driving offenders. New Mexico is the only state that currently has that law in place and the year after the law was passed, fatalities from drunk driving accidents there decreased by 13%. The Virginia State Senate just passed legislation (February 2012) that requires ignition interlock to be installed in all cases of DUI conviction, regardless of the BAC level. General Motors is doing research on making these types of devices standard on all vehicles.

Wednesday, February 15, 2012

ASAP - Alcohol Safety Action Program

One of the first requirements after being convicted of your DUI is to report to ASAP for your initial intake registration. ASAP is a state supported program designed to monitor and provide alcohol and drug education to DUI offenders. The purpose of the program is to rehabilitate those convicted of a DUI in an effort to prevent them from repeat offenses of drunk driving.You will have a given time frame to report to ASAP in your court papers. Make sure to put this date in your calendar and definitely do not miss the appointment. The first thing you will do before you start your paper work is blow into a breathalyzer. It is amazing how many offenders walk into ASAP after they have been drinking alcohol and blow a positive reading into the breathalyzer. This is not a good way to start your rehabilitation. ASAP will send you back to court and you will probably have to serve the jail time that was suspended and/or pay any fines that were suspended during your initial trial.

During your intake you will fill out a questionnaire. The questionnaire will ask you about your drinking habits and your history of drinking.  After you complete the questionnaire you will meet with a ASAP representative who will inform you of what will be required of you during your 1 year probation period. Depending on the review of your questionnaire and your BAC at the time of your arrest, the ASAP representative may refer you to a treatment center that specializes in alcohol and drug abuse. The ASAP representative will give you a form with the name and phone number of the treatment center you will be referred to. You will have a certain time frame to contact them and make an appointment. I forgot to mention that before you leave ASAP, you will have to write a $400 check for your registration fee.

When you arrive for your appointment at the treatment center you will be given a urine drug test. This urine test can detect alcohol in your system for up to 80 hours of your last drink and they will bust you if it comes back positive. After your drug test you will complete another questionnaire and then you will be interviewed by a counselor. Most people are defensive and angry during this interview because they all think they don't need this treatment. This approach will only make matters worse for you. The counselor will tell you during the interview whether or not you will be required to go through the treatment program. I was required to go through the program. I was informed that I had to attend 2 two hour sessions per week for 16 weeks. Also during that 16 week period I was required to attend 2 Alcoholics Anonymous meetings per week. The cost of the treatment program was $80 per session or $160 per week! Your health insurance may pay portion of this cost.

From my experience, my advice is to leave your anger at the door and try to see this as a positive experience. This will be the first time most of you have ever had to express your inner most feelings in a group setting. You will find, as I did, that the people in the group are just like you. If you participate and are honest during the group discussion you will feel an immediate support system from the group. I actually got to the point where I looked forward to going to the sessions. It is amazing to see people go from bitter and angry to totally opening up and even becoming emotional when talking about their drinking and DUI. The 16 weeks will fly by and when it's time for you to leave, I promise you will feel good about the experience.

After you complete your treatment center sessions, your next step is to attend the 10 week, 2 hours per week ASAP classes. In these classes you will be educated on how alcohol affects your body and how it impairs your driving. You will also be asked to come up with a plan of action that will prevent you from ever making the decision to drink and drive again. ASAP is very strict on your attendance to the classes. The doors will be locked when the class starts and late arrivers will be marked absent from the class. Couple missed classes will get you kicked out of the program and you will be forced to start all over. Again I have found if you have a good attitude and participate in class discussions, this will be be a positive experience for you.

After your 10 weeks of classes, you are done with the exception of ASAP having the option to call you in for random drug testing. I have heard stories of people testing positive on a drug test during the period after they have completed all their course work and the end of their probation. These people were sent back to court and were forced to start the entire process all over again. Don't be one of these people.