Drunk Driving - A Real Danger

Penalties for driving while under the influence of alcohol have become more severe in recent years, while government agencies and volunteer activists have been campaigning to education the population about the dangers of this behavior. And yet many Americans continue to take the issue lightly; in one survey, around 80% of responders admitted to driving a car after consuming alcohol.

Perhaps part of the problem is that, despite highways patrols' best efforts, the odds of getting arrested remain relatively slim - only about 1 in 200 drunk drivers will be arrested. This frightening statistic illustrates why harsh penalties are not enough. In 2006, there were an estimated 250,851,833 registered vehicles in the US. It is simply not possible to monitor all those drivers as closely as it would take to keep our roads completely safe from negligent drivers. Part of the solution to the high rate of DWI offenders is to educate people about why driving a car after consuming alcohol or another drug is not something to be considered casually.

Many people seem to think that the dangers of driving while intoxicated are overhyped. Perhaps this is because so many Americans, by their own admission, have driven after consuming some amount of alcoholic beverage. It is common for people to believe that if they have done something once or twice with no serious repercussions, it must not be all that dangerous.

The truth is that every time you get behind a wheel while impaired, you are taking a huge risk. It has been estimated that one in two Americans - half the population - will be involved in an alcohol-related accident at some point in their life. 708,000 people are injured every year in drunk driving accidents; 25,000 of them are killed. Alcohol-related collisions are the number one cause of death for Americans between the ages of 16 and 24.

Even worse, you are not just putting yourself and your passengers in danger if you drive while impaired in any way. Because of a few people who break the law, the roads are less safe for all citizens, no matter how closely they follow safety guidelines. 80% of fatal drunk driving accidents occur between 8 PM and 8 AM, making some people afraid to drive at all during those hours, especially during holidays. If the practice of driving while impaired could be eliminated, 50% of fatal highway collisions could be avoided.

How Texas Handles DWI Repeat Offenders

Texas law defines DWI "repeat offenders" as people who have been arrested for driving with a BAC of .15 or higher more than once in the last 10 years. The problem of repeat offenders is taken seriously in Texas, which has one of the highest DUI rates in the country. This article will describe what you can expect if you or someone you know has received a second drunk (or more) driving conviction.

First, following conviction, the person is required to undergo an assessment for a drug or alcohol dependency problem. Everyone with multiple drunk-driving convictions, regardless of the outcome of their assessment, is required to complete 36 hours of education on the dangerous of driving while intoxicated, and drug or alcohol abuse in general. The goal of the program is not only to reduce the rate of drunk driving, but to help people with substance abuse problems. The class focuses on accepting responsibility, building self-esteem and learning productive behaviors. This program is offered in many different locations, by various groups and charities authorized to do so by the state.

If the convicted person is evaluated as having a problem with alcohol abuse or dependency, they may also be given a choice by the judge: spend time in jail, or in a rehabilitative program. A third DWI conviction is considered a felony offense, so the opportunity to go to a clinic instead of prison may be very appealing to people who have been convicted twice or more previously.

A person's prior history is also taken into consideration when a judge decides for how long to suspend the person's license. The suspension for a first-time offense must be somewhere between ninety days and one year. If the person has already been convicted of drunk driving at least once at any point, the suspension must be six months to two years. And if one of the prior convictions happened within five years of the current one, the suspension must last from one to two years.

Even if your license is suspended, you may be granted an occupational license. This is a restricted license that only allows you to drive to work or a place of education. A long history of prior convictions will of course make it harder to obtain even an occupational license.

Police-Ordered Blood Tests

News for drivers in Texas: Beginning September 1, 2009, Texas law enforcement officers will be permitted to order blood draws from some DWI suspects without obtaining a warrant.

Variations of this somewhat controversial law are already in effect in many other parts of the country where warrantless blood draws for DUI suspects are common, most notably in Florida.

Texas and Florida suffer large casualties due to alcohol-related motor vehicle crashes every year, despite the implementation of educational and enforcement programs to combat the issue. In Texas, the use of alcohol or drugs while driving causes 28% of fatal crashes and is the second most common contributing factor for crashes, according to the state's driver handbook. In 2007 in Florida, there were 22,823 drinking and driving and 1,252 drugging and driving motor vehicle crashes, resulting in a total of 1,446 deaths and 17,160 injuries, according to Florida Traffic Crash Statistics. Thirty-nine percent of traffic fatalities were alcohol-related.

Nationwide, statistics from the National Highway Traffic Safety Administration (NHTSA) indicate that in 2007, drivers who had a Blood Alcohol Concentration (BAC) of .08 or higher who were involved in fatal motor vehicle crashes were eight times more likely to have a previous conviction for driving while impaired than drivers who had no alcohol in their systems. The most frequently-recorded BAC level for drivers who had been drinking and were involved in fatal crashes was .16.

Current Florida DUI law is much more broad than the new Texas law; in Florida, police officers have the authority to order blood draws on any DUI suspect. Under the terms of the Texas law, police are only allowed to do so in particular circumstances, such as when the suspect is a repeat offender, a passenger in the vehicle is killed, or a child under the age of 15 is a passenger in the vehicle.

According to the Florida Department of Highway Safety and Motor Vehicles, Florida DUI law also allows police to pursue the withdrawal of a blood sample "by authorized medical personnel with the use of reasonable force by the arresting officer" if the DUI involves serious injury or a fatality. Also, an individual who is unconscious or otherwise unable to refuse the test is presumed to have given consent to the test under the state's Implied Consent law.

Nationwide statistics show that much improvement is still needed in states' efforts to lower the number of alcohol-related motor vehicle crashes. In the U.S., a fatality caused by driving under the influence of alcohol occurs once every 40 minutes, according to NHTSA.