CriminalLawyer.com Blog

Indiana Drunk Driving: Don't Get Sidelined

CriminalLawyer.com — Thu, 05 Sep 2013 15:12:30 +0000

Football season is here and millions of Indianapolis Colts fans are gearing up for another exciting Manning-less - and hopefully Luck-full - run for the playoffs, preferably beyond the first round this year. Hey, we get it. Being a Colts fan can drive anyone to drink. Before you leave the stadium or the viewing party, there are a few things you should know about the consequences of drinking and driving in Indiana.

Indiana considers anything over a .08 BAC (blood alcohol content) to be worthy of a DUI – for most people, at least. If you’re a commercial driver, that number slips to .04; if you’re under the age of 21, the number is even less at .02.

Paying For It

The penalties in Indiana can be pretty stiff. The first time you’re busted for a DUI it’s a class C misdemeanor. Not a big deal, right? Think again. A Class C misdemeanor carries a potential sentence of 60 days in jail, a $500 fine, a two year license suspension and a potential two years of probation. If you’re caught with a BAC of .15 or higher, the penalties are even steeper: a year in jail and $5000 worth of fines.

In addition, you may be required to install an ignition interlock device. This crafty little tool is like a built-in breathalyzer and it won’t allow your vehicle to start unless you blow clean. Did we mention the installation of the device can cost upwards of $200 and the monthly rental fee can be half that?

More Than Just Fines

Everyone makes mistakes; the important thing is not to make them again. A second Indiana DUI is even scarier. This carries a mandatory jail sentence of at least five days (and up to three years!), a fine up to $10000, a required minimum 180 day license suspension and another two years of probation. You’re now at a Class D felony. Yes. Felony.

Want to shoot for a third offense? It’ll cost you another Class D felony, a minimum ten days in jail (and another potential three years), another $10000, a full year license suspension and another two years of probation. If the judge decides you’re a habitual violator, the sky’s the limit for your penalties and fees. You can also be required to perform community service, be sent to substance abuse education (think rehab!) or even submit to random urine testing.

According to the MADD (Mothers Against Drunk Driving) website, Indiana has had 207 DUI fatalities in the most recent year. That number accounts for 28% of all traffic related deaths in the state. In the past five years, more than 1000 people have died as a result of drunk driving.

The NHTSA (National Highway Traffic Safety Administration) website claims that in 2010, one person died every 51 minutes from alcohol related crashes across the nation!

Drunk driving isn’t worth it. The commercials say “You will get caught!” and in Indiana, that’s a fact. Don’t risk your life, your freedom or the lives of others on the road. Remember: taxis may be expensive but they’re cheaper than a DUI.

Blurred Lines: The Difference Between Fun and Fatal

CriminalLawyer.com — Thu, 29 Aug 2013 16:12:58 +0000

Ask any seasoned bartender or party-hardened college student, and chances are that they have been a witness to many of “over-consumption episodes” both in bars and on campus. Not everybody handles their liquor the same, but no matter what your behavior while consuming alcohol, it is important to make safety your number one priority. Today, we would like to share some important information about how to tell if someone is over-intoxicated, what to do to help a friend that is drunk and also how to drink socially while still living a healthy lifestyle.

“I’m not that drunk…”

Physical signs are usually the most obvious. Some of these physical signs of over-indulgence include:

Poor eye contact ability
Poor motor function
Slurred speech
Inability to walk/stumbling

Any combination of these signs usually indicates over intoxication.

Alcohol has the ability to turn your best friend into an enemy so you must be aware of the behavioral changes that can occur as well as the physical changes. When people become too drunk, they might behave in an erratic, aggressive or withdrawn manner. They might say or do things that they wouldn’t normally say or do. Keep an eye out for anything that seems unusual or out of the ordinary for that person’s character.

A Fine Line

There comes a point in a drinking timeline where a person might take it a little too far. They may have displayed all the symptoms mentioned above and are now headed towards alcohol poisoning. Symptoms of alcohol poisoning include:

Shortness of breath; slowed or stopped breathing
Irregularity in heartbeat
Hypothermia/hypoglycemia can result in seizures or organ failure
Dehydration leading to vomiting
Paleness or bluish skin color
Unconsciousness

“I got you, bro.”

So what do you do if someone you’re with seems like they may be suffering from alcohol poisoning? If you have been drinking, find a sober person and make them aware of the situation. Decision making while intoxicated usually doesn’t end well, so it’s best to have a sober person decide which steps need to be taken.

The first thing you should do is make sure the person is relaxed. However, if they would like to lie down MAKE SURE THEY LAY ON THEIR SIDE. An over-intoxicated individual who lies on their back may vomit and cause themselves to choke, leading to unconsciousness or death.

Monitor their breathing and heartbeat; if you are uneasy and unsure, do not be afraid to call 911—the consequences of doing so are much worse than calling for an emergency vehicle. They are here to help!

Some drinkers believe that there are methods you can implement to sober a person up: water, showering, food, etc. However, time is the ONLY method that works. If you are able to get the person to drink water it is never a bad idea, but it will not sober them up. Many people believe that if you can get them to eat something like bread or crackers, it will at least help their stomach ache in the morning, but, again, it will NOT make them sober.

Stay Classy

Although drinking has its consequences, it is possible to maintain a healthy lifestyle while being a drinker. Save it for occasions! Or even the weekends—when you start to drink too frequently it can have hazardous effects on your health, family and work. PACE YOURSELF! Generally most people find that if drinking a glass of water for every beer/shot/drink you have slows you down, so that you are less likely to become intoxicated. If you keep this in mind, while also being conscientious of the consequences of drinking, you can keep a balance between drinking and your other responsibilities.

There are several variables involved in evaluating if a person is over intoxicated or has alcohol poisoning. What can you do to ensure you and your friends are safe while drinking?

The Consequences of Drinking and Driving in the Military

CriminalLawyer.com — Wed, 21 Aug 2013 17:49:01 +0000

No matter who you are, getting behind the wheel after a few drinks is never a good idea. Drunk driving is dangerous, not to mention a serious problem with legal consequences that can affect you for the rest of your life. Enlisted members of the military are not exempt from these penalties either. In fact, the service can levy even more punishments for driving under the influence.

Drinking and driving in the service is a crime punishable by loss of rank or pay and the very real possibility of being forced to serve in restricted areas. This is in addition to the strict civilian penalties: loss of license, increased insurance premiums, heavy fines, and even jail time in certain cases. Legal fees for a DUI case can run upwards of $10,000. This alone is a great reason to avoid the situation in the first place.

Campaign to Curb the Problem

In recent years, the military has taken action to combat drunk driving by enlisted members. Since March of this year, the Navy has sent more than 13,000 breathalyzers to ships and shore stations all over the world. This should not be viewed as a punishment or a tool to “catch” service people in the act; rather, the use is non-disciplinary and intended to help find people who need help.

The campaign, “Keep What You’ve Earned,” as well as past campaigns, such as “The Right Spirit,” have seen immense success in combating this dangerous problem. Navy DUIs have dropped 35% since 2006 and alcohol-related incidents decreased by 26%. This is a huge step in the right direction.

Alcohol Education Is Key

Education is one of the keys to combating this problem. Civilian anti-drinking and driving campaigns have an effect on military personnel, and programs that instruct drivers about the dangers of having even a sip too much have been beneficial and help add to the already impressive numbers.

A DUI conviction while in the military is a big deal that can lead to significant problems that follow you for the rest of your career...and the rest of your life. It’s not worth the risk. Remember, you don’t have to feel drunk to get a DUI. If you’re going to drink, think ahead: take public transportation, call a cab, or have a designated driver. Don’t gamble with your career, livelihood, or life. You could jeopardize someone else’s if you do.

Have you been impacted by a DUI? What advice do you have for other enlisted members? Please share your experiences and advice – it may just save someone from making the same mistake.

An Overview of Drug Offenses in California

CriminalLawyer.com — Wed, 31 Jul 2013 14:50:27 +0000

California is tough on drugs. Take the harshest set of sentencing guidelines in the country, combine it with a “three-strikes-and-you’re-out” policy and a California drug charge can spell disaster for even the most recreational user. Put "Getting arrested in California" on your “don’t-under-any-circumstance-do-this” list right now. We’ll wait.

Common Drugs in California

California is at war with all drugs and those who abuse them, but the most commonly-abused substances they deal with are:

Marijuana - Grown in closets, sheds, and backyards, it provides feelings of euphoria and relaxation in many users. The drug may also be used legally for medical purposes to relieve pain and other symptoms associated with illnesses such as cancer, Alzheimer’s Disease, and diabetes.
Methamphetamines - Manufactured in dangerous “labs” which are often as simple as a bathtub, meth increases alertness and energy but can also lead to poor impulse control, criminal activity, and large-scale craziness.
Heroin and crack cocaine - Rated first and third in drug-related deaths respectively, both are highly addictive and dangerous. Chemically, heroin becomes morphine when it enters the body, putting users in a protective “bubble” that life cannot permeate. Cocaine provides a “high” or a “rush” that can last for hours.
Ecstasy - Known simply as “E” on the street, Ecstasy is a club drug most commonly used by youth. It can cause feelings of euphoria and closeness with others. A large amount of Ecstasy is cut with other substances, making it incredibly dangerous.
Prescription pills - Often, the most hazardous drugs are the ones in your own medicine cabinet. Prescription drug abuse is a growing problem in California and across the nation. From Adderall (a stimulant) to Oxycontin (a powerful painkiller), these drugs are abused and sold at an alarming rate.

The Consequences of Drug Offenses in California

If you’re caught with drugs in California, there are several different types of drug charges you can be saddled with, depending on the circumstance, including:

Misdemeanor drug possession - This primarily for marijuana possession, being found under the influence of drugs (but not in possession of the drugs themselves) or having drug paraphernalia. Possession for approved medical purposes is excluded from this charge.
Felony drug possession - This is for possession of any drug other than marijuana.
Drug possession with intent to sell - If you’re found with a large quantity of drugs or if your drugs are packaged to sell, you’re busted! The rules are different for this charge: wiretaps are admissible in court and the judge will hear witness testimony about suspicious or abundant activity at your home.
Drug trafficking - This is for those who are running drugs across state lines and the people who help them.
Manufacturing drugs - Methamphetamine labs and marijuana growing sites fall into this category.

A drug offense in California carries a variety of penalties. A misdemeanor can cost you a year in jail and a $1,000 fine; felonies can have a much more dramatic effect. Your prior criminal history can help determine your sentence, as will the severity of the offense and the sentencing guidelines. Even the most lax judge will impose fines, court fees, and prison or probation. California’s “three strikes” law means that your third felony drug offense could net you 25 years to life in prison!

Maybe you won’t get caught. Maybe you won’t get addicted. But even with a top-notch California defense attorney, the state's harsh sentencing guidelines and the very real possibility of spending some time in jail for a night of fun, the gamble just isn’t worth it.

DUI Stop in California? Here’s What to Expect

CriminalLawyer.com — Fri, 26 Jul 2013 15:13:48 +0000

California! With all the beaches, nightlife, beautiful cities, and tourism, this state seems like it could be one of the laxest states in the nation. While California can definitely be easy going, one thing it is far from relaxed on is DUIs. With Fresno, California being in the news for the strict consequences that the city has for DUIs, it brings up a few questions. What exactly happens during a DUI stop in California? What are the consequences? We're going to address these very questions right now!

Pulled Over DUI Stop

In Fresno alone, there are 94 checkpoints for drunk driving! The state of California has many more. With over 200,000 DUI arrests a year, California has proven itself to be one of the toughest states on those that drive under the influence. If you are pulled over by an officer who suspects that you are under the influence, there are a few things you can expect, testing chief among them.

First, the officer will most likely assess the situation. If the officer does suspect you are under the influence, he/she will look for signs (slurred speech, glazed eyes, smell of alcohol on breath). If the officer still thinks that you are under the influence, the officer will ask you to step out of your vehicle and undergo “field sobriety tests.” According to The California Highway Patrol, anyone granted the driving privilege is presumed to have given consent to law enforcement to conduct chemical testing of the motorist’s blood or breath.”

Having a BAC of .08% or above constitutes driving under the influence for those twenty one years of age and above. If you are a commercial driver, then .04% and above is considered driving under the influence. For those that are younger than 21 years old, there is a no tolerance policy, and your license could be immediately revoked and suspended.

Types of DUI Testing

California has three types of typical "field sobriety" testing:

HGN Testing - Also known as the gaze test, this is a test where the officer observes whether or not the person’s eyes can follow a slow moving object (a pen).
Divided Attention Testing - In this test, the suspected person is required to listen and follow a simple set of directions, such as walking a straight line or standing on one foot.
Alternative Testing Methods - These tests may include counting aloud or reciting the alphabet.

A word of warning, refusing to take a blood, urine, or breath test in California has a minimum penalty of license suspension for at least one year. This is due to California’s implied consent law. Just because you refuse the test does not mean that you cannot be convicted by law. Be sure to consult an experienced California DUI defense attorney if you are pulled over and tested.

With hundreds of checkpoints in California, it is very important that one knows what to expect during a DUI stop. How will you ensure that you are not stopped for suspicion of driving under the influence?

The Top 3 Dangers of Music Fest Drunkeness

CriminalLawyer.com — Wed, 24 Jul 2013 20:41:44 +0000

Summertime and music: the perfect combination. There’s nothing quite like a warm, sultry weekend in the great outdoors with your friends, singing along and dancing to your favorite bands. Summer music festivals are a great way to have some summertime fun, but adding too much alcohol to the mix can cause the lights to go out long before the show’s is over.

By all means, pop a top or two! Just be aware of the dangers of drinking too much. Overindulging in alcohol at a summer music festivals can lead to serious health and legal consequences. Don’t allow a few too many tallboys to end the party before it’s really begun! Keep these dangers in mind and keep yourself (and those with you) safe.

The Deadly Danger – Dehydration

Alcohol is a diuretic (i.e. it causes you need to pee more frequently), which is of course the absolute last thing you need on a hot summer’s day. A diuretic drastically increases the risk of dehydration, a dangerous condition that can lead to heat stroke and even death, which will ruin your night quicker than an on-stage power outage. That, coupled with the excessive sweating in a sunny, crowded environment, will quickly deplete your water levels, so be careful.

There’s a pretty simply cure for this danger: drink lots and lots of water. Drink water between your drinks. Heck, chase your drinks with water. And know the warning signs of dehydration:

excessive thirst
fatigue
dizziness
nausea
headache

Experiencing any of these things? Put the beer down and pick up the water! Buying a bottle of water at the event can be expensive, but you can buy just one and refill it at a sink or drinking fountain (if available). Or, if the event allows, bring your own aqua. Either option is better than a trip to the emergency room!

The Dumb Danger – Herd Mentality

Johnny has a flask of whiskey and he wants you to match him shot for shot. Before long, the music of is a dull buzz in the back of your head and all you can hear is the chorus of voices urging you to best Johnny in this silly competition. Everyone else is doing it, why shouldn’t you?

Here’s a reason: herd mentality (i.e. doing something because everyone else is), coupled with too much alcohol, leads to fights, arrests, and a bunch of people doing really dumb stuff all at the same time. Don’t be a liquor-led lemming! Save yourself the trouble and make a deal with your friends to monitor each other’s drinking. Set a limit you’ll all stick to and buddy up. It’ll save the day for everyone.

The Costly Danger – Legal Consequences

Alcohol lowers your inhibitions and increases your sense of worth – that’s why everyone loves it, right? A few drinks in and suddenly, you’re Superman! Unfortunately, security guards and local police can’t see your cape. A DUI or public intoxication charge isn’t the kind of souvenir you want to take home.

Save yourself the legal trouble and drink responsibly. Know your own limit and stick to it. You paid a lot of money for these festival tickets and they’re not going to do you much good from the the backseat of a police car or - even worse - inside of a jail cell.

Summer music festivals can be amazing, but drinking too much can have disastrous consequences on your health, self-respect and even your freedom. So, drink plenty of water, watch out for your friends and know your limits before you set out, and you won’t miss a single song or memory.

Have you ever come acted irresponisbly at a summer music fest? How would you plan ahead to avoid these dangers?

The Toughest City on DUIs? Try Fresno, CA

CriminalLawyer.com — Fri, 19 Jul 2013 16:51:38 +0000

Fresno, California has everything a young person could want: there is plenty of warm weather, tons of busy bars, and a plethora of vibrant people to socialize with. However, as USA Today states, “Fresno may be the toughest city in the nation on drunken drivers.”

Losing your license, spending thousands of dollars on an attorney, and having a black mark on your record are all things that are far from fun. No one wants to spend hours in a courtroom or deal with serious penalties.

Yet, if you are convicted of a DUI, these things become reality. Fresno is one city that is cracking down on drunk driving. With numerous checkpoints, ready officers, and plenty of bars and nightclubs in the town, being aware of your alcohol intake is nothing short of a necessity.

With multiple checkpoints, this city is aware of the dangers that drunk driving causes and is leading an effective effort to curtail the practice. Indeed, Fresno is now being used as a model city for other towns to base their DUI crackdown on, as it is already seeing positive results.

The Stats on DUIs in Fresno

In a city of 461,000 people, keeping checkpoints is no easy feat for officers. However, when authorities realized that there are more people killed in Fresno in automobile accidents than homicides, they realized that there was no other option than checkpoints. With 94 checkpoints, this makes the most checkpoints a city has in the United States.

To add to the strictness that Fresno has created to curb DUIs, they have also began monitoring repeat DUI offenders. With a GPS attached to the arms of repeat offenders, it will alert police any time the offender enters into a bar. The GPS trackers are not the only new things reported, but The Fresno Bee reports that during a recent checkpoint sting, 36 cars were impounded for drunk driving-related infractions. There is a reason that Fresno won the best impaired-driving program in the nation.

Fresno DUI Penalties

With over 200,000 DUI arrests per year, it is clear that the state of California takes driving under the influence seriously. But they also take penalties seriously. It is important to remember that the penalties a person faces will vary depending on whether or not they are a repeat offender.

There are three things that a judge will look at before continuing the case. First, the judge will make sure that there was probable reason to pull the driver over. Second, the judge wants to make sure that the driver did violate the state’s BAC. Lastly, the judge will make sure that the arrest was lawful. If all of these were proven true, then the penalties are determined.

Common DUI Penalties in Fresno

Suspension of License - this is typically immediate, and it can take many months to get back
Multiple Offense Fines - fines can increase dramatically dependending on whether or not this is a first time offense (keep in mind this doesn't include attorney fees)
Ignition Locks - Installation of a device into the car that measures BAC and prevents operation if alcohol is detected
DUI Education Programs - the length of the program can vary depending on whether or not the person is a repeat offender and what the BAC was at the time of the arrest.
Driver's Licence Release Fee - A hefty monetary penalty to reissue a license

As one can see, DUI penalties are very harsh, and California has some of the strictest penalties in the nation. It is highly advised to speak to an attorney if you are accused of driving under the influence. With the help of an experienced Fresno-area defense attorney you can get quality legal advice and minimize the damage from some of the more stringent DUI laws in the county,

With the information from this article, how will you guard yourself from facing DUI penalties in Fresno, California?

Reducing the Risk: Calls for Lower BAC Limits

CriminalLawyer.com — Wed, 17 Jul 2013 17:21:40 +0000

Back in May, the National Transportation Safety Board (NTSB) announced that it wants all states to lower the legal limit of blood-alcohol content (BAC) from 0.08 to 0.05 percent for DUI charges to apply. BAC is recorded via breathalyzer at the time of a DUI stop and used as evidence against the accused if and when the chargers are brought before judge.

The NTSB claims that instituting this change would significantly lower injury and death due to drunk driving. However, there are groups opposed to the notion that lowering the limit would be a waste of useful law enforcement. The facts as they stand:

There are 10,000 alcohol related deaths a year
Alcohol-related deaths are 1/3 of road deaths
A 170 pound male may reach a BAC of .06% after three drinks in an hour
A 130 pound female may reach a .06 % BAC after two drinks in an hour

The NTSB did research which revealed, “Most drivers experience a decline in both cognitive and visual functions with a BAC of 0.05… A new National Highway Traffic Safety Administration (NHTSA) chart shows a person with a 0.05 BAC level experiences reduced coordination, reduced ability to track moving objects, difficulty steering, and reduced response to emergency driving situations."

Mothers Against Drunk Driving (MADD) founder, Candace Lightner, shared her concerns, stating, "I don't believe it is a practical long-term solution… it won't be enforced and will be a waste of time… Running around trying to arrest everyone at 0.05 is impractical.” She has a point… sometimes, mother knows best. She went on to say that the change would be “…very hard to prosecute in part because many of those drivers would pass a field sobriety test, leaving only subjective evidence of impairment.”

Also, Stephen Talpins, a Miami attorney who spent 12 years as a prosecutor in the Florida state attorney's office before leading the National Traffic Law Center and serving as MADD's public policy director, asked, “Do we want to criminalize someone having a 0.05 BAC who does not appear impaired to anyone?"

As a counter argument, NTSB staffer Robert Molloy says, “Currently, more than 100 countries on six continents have BAC limits set at 0.05 or lower.” says the BAC number will drop eventually, it’s just a matter of time. It is estimated that the BAC reduction would save 500-800 lives a year.

Ultimately, the matter is a decision each individual state will have to eventually make. While the matter is still up for debate, it seems that with a slight push by the NTSB, the many places will end up with an answer of “Yes.” As long as the NTSB continues pushing for these initiatives, policy makers must eventually decide whether or not to reduce the BAC impairment limit to 0.05.

How do you feel about lowering the BAC limit? Will the change be effective in reducing drunk driving accident rates?

Michigan Parole Violations: What You Need to Know

CriminalLawyer.com — Wed, 26 Jun 2013 15:34:49 +0000

Parole violations are a serious matter and, typically, parole brings up many questions. With Michigan cracking down on parole violations, more than 1,000 people on parole have been taken back into custody since January. One wonders what does it mean to violate parole? Will I go back to prison? What constitutes a violation, and what are the penalties for violating? In this article, you will find what the typical violations of parole are, and what the penalties of violating parole are in Michigan.

Parole Violations in Michigan

Not all prisoners are granted parole in Michigan. Parole is seen as a privilege and for those that the Parole Board recognize as safe to be in society. Also, as the Michigan Department of Corrections states, “not every technical violation of the conditions of parole results in a return to prison.” Alternative programs are often used to bring about the success of the offender to keep them active in the community. However, whether or not someone returns to prison does depend on what the Parole Agent sees as fit and what the violations require.

Common Parole Violations

Many different actions can result in violating parole. It is important to remember that each person will have different conditions for their parole. Here is a list of the most common violations:

Not keeping the conditions court has assigned- this can include community service, meeting with your parole officer, and completing necessary paperwork on time
Failing a drug or alcohol test
Breaking the law or being accused of committing another crime
Missing court
Leaving the state of Michigan without permission from your parole officer
Moving- regardless of whether you are moving across town or to another state, you must get permission from your parole officer

If you do violate your probation, you will be required to go before the court for a hearing. Oakland County provides a thorough Q&A on this topic.

Michigan Parole Violation Penalties

If you are thought to have broken parole, when appearing before the court, the prosecutor must prove with substantial evidence that you most likely committed the violation. If you are found guilty, then the court will assign penalties based on your violation and the seriousness of the violation.

Common Violation Penalties

Bench warrant- this allows for “on sight” arrest, and this is used if the convicted person does not show at appointed court dates. A bench warrant can be used in civil and criminal proceedings
Being required to do a psychological evaluation- often times, the court wants to know what is going on emotionally and physically with the convicted person
Referral to programs such as AA, AAP, SOAP, NEAT, and MIP- these programs are used to curb alcohol abuse and possession of illegal substances
Extension of parole- if deemed fit, the length of your parole may increase
Requirement to pay fines and restitution
Send you back to jail for a few days or cancel parole and send you back to jail for the time allowed by the law

With parole conditions being easy to violate, it is important to follow the conditions stated by the Michigan court and the designated parole officer. If you or someone you know does violate parole, it is highly suggested to find a reliable Michigan criminal attorney to speak with. With this information in mind, before making decisions, ask yourself how it can influence your parole.

No Laughing Matter: Drunk Driving in Michigan

CriminalLawyer.com — Fri, 14 Jun 2013 19:12:54 +0000

You’re out on a Friday night. It’s been a tough week, you fought with your significant other and you just need to unwind with a couple of brews at the local pub. You’ve only had five beers and you don’t feel like you’re drunk. "Nah," you tell yourself, "I'm fine". You’re especially fine enough to make it back to your house 10 minutes up the road.

This is what thousands of drunk drivers think every day when they get behind the wheel. Out of these drivers, 23.4% are 21-25 year olds. 15.1 percent are 18-20 year olds, and 5.8 are 16-17 year olds. After 25 years of age the percentages decrease, but are still substantial. With so many people driving under the influence, what’s the worst that could happen?

Fifteen years in prison. This was the sentence determined for a 22-year-old Michigan resident after he was found guilty of causing a car accident on Christmas Eve resulting in the death of an 8-year-old Detroit girl. His Blood Alcohol Content (BAC) was .16, double that of the legal limit in the state of Michigan.

Tragically, a 37-year-old woman from Ypsilanti Township is awaiting court after she was charged with DWI, among other charges, following a crash that resulted in the death of her 6-week-old son.

Driving While Intoxicated (DWI) Is No Joke

Any driver with a BAC of .08 ore higher is past the legal limit and will face serious consequences.

First-Time Offense

Up to 93 days incarceration
Up to $500 fine

Second-Time Offense

Up to one year incarceration
Up to $1000 fine

Third-Time Offense

Up to 5 years incarceration
Minimum license suspension of 1 year
Considered a felony conviction

These consequences are assigned if the police pull the driver over before an accident occurs. The consequences are definitely more severe if the driver has caused an accident or death.

Prevention Is Key

With the threat of jail and severe fines, one would think drivers would be deterred from drinking and driving. However, thousands continue to drink and drive every day. So what makes a normal person get behind the wheel when it is common knowledge that one should not drink and drive? We all go to Driver’s Ed. and watch the cheesy tapes on drunk driving and are warned through numerous dramatic advertisements.

It is not so much that the typical driver is unaware of the problems that are a result of driving drunk but more so that they are distant from it. The average driver, who has not come in contact with the harshness of the law or the death of a loved one due to drunk driving, has a confident belief that “it won’t happen to me.”

One tactic that may be effective is telling personal stories of those who have lost a loved one because of a drunk driver. Although some drivers are immune to the dangers of drunk driving, they are not immune to empathy. Humanity still feels the pain of others when gruesome details of a horrific incident are shared.

Regardless of the anti-drunk driving campaigns, it is still the duty of the driver to take responsibility of their actions.

The biggest problem regarding prevention is not making the appropriate plans for a night out. When you are already 4 drinks in and feeling the effects of alcohol, it is too late to figure out who is sober enough to drive home. Make arrangements BEFORE you leave the house.

If no one is willing to drive: no problem. You still have the option of staying the night at a friend’s place who lives walking distance from the drinking spot. Take a cab, bus, or train home. If you are a student, many campuses offer shuttle services and bus routes that can bring you safely back to your dorm after a night out. Driving home drunk is not the last option you have. It is not an option at all.