CHAPTER THREE DRINKING AND DRIVING

Transcription

1 CHAPTER THREE DRINKING AND DRIVING Alcohol and Its Consequences Drinking and Driving Laws Alcohol-Related Crash Statistics

2 ALCOHOL AND ITS CONSEQUENCES B LOOD ALCOHOL CONCENTRAT I O N Blood alcohol concentration (BAC) describes the concentration of alcohol in person s blood expressed as weight per unit of vo l- ume. For example, at.10 percent BAC, there is a concentration of 100mg of alcohol per 100ml of blood. For most legal purposes, howe ve r, a blood sample is not necessary to determine a pers o n s BAC. It can be measured much more simply by analyzing exhaled bre a t h. A LCOHOL FATA L I T I E S The following information is based on data from all 50 states. T h e re s e a rch comes from the De p a rtment of Highway Sa f e t y. Among fatally injured motor vehicle drivers in 2001, 32 percent had BACs at or above 0.08 perc e n t. The pro p o rtion of driver deaths involving BACs at or above 0.08 percent in 2001 was 33 percent for passenger ve h i c l e s and 29 percent for motorc ycles. The group of drivers with the l owest pro p o rtion was tractor-trailer drivers (3 percent). Mo re pedestrians have high BACs than any group of drive r s. Alcohol invo l vement is highest in nighttime (9 p.m. to 6 a.m.) s i n g l e - vehicle crashes, in which 69 percent of fatally injure d passenger vehicle drivers in 2001 had BACs at or above.08 p e rcent. Only 25 percent of the fatally injured passenger ve h i- cle drivers invo l ved in nighttime single-vehicle crashes had no alcohol in their blood. Changes in nighttime single-ve h i c l e crashes often are used to measure the changing role of alcohol in highway crashes and crash deaths. Among fatally injured passenger vehicle drivers in 2001, 39 p e rcent of the males and 19 percent of the females had BAC s at or above 0.08 percent. Alcohol invo l vement in crashes is highest among men age Fo rt y - f i ve percent of fatally injured drivers on weekends (6 p.m Friday - 6 a.m. Monday) in 2001 had BACs at or above.08 percent. Among fatally injured passenger vehicle drivers in 2001, 29 p e rcent of the males and 14 percent of the females had BAC s at or above 0.15 perc e n t. Since the 1980 s, the pro p o rtion of fatally injured passenger vehicle drivers with BACs at or above 0.08 percent declined m o re among year-olds than among older drivers, but these declines ended in Fo rt y - f i ve percent of fatally injured drivers on weekends (6 pm Friday to 6 am Monday) in 2001 had BACs at or above 0,.08 percent. On other days of the week, the pro p o rtion was 25 perc e n t. In s u rance Institute of Highway Sa f e t y Among drivers with BACs above.15 percent on weekend nights the likelihood of dying in a single-vehicle crash is more than 380 times higher than it is for nondrinking drivers. S o u rce: Indiana Crash Fa c t s

3 DRINKING AND DRIVING LAW S INDIANA IMPA I R E D DRIVING LAW S Operating a Motor Vehicle W h i l e In t ox i c a t e d An operator of a motor vehicle whose alcohol concentration is greater than or equal to.08 grams and less than.15 grams of alcohol per 100 milliliters of blood or 210 liters of bre a t h commits a Class C Mi s d e m e a n o r. Driving with any schedule I or II substance as defined by IC (such as marijuana, methamphetamine or cocaine) or its metabolite in his/her body commits a Class C Mi s d e m e a n o r, punishable by up to 60 days in prison and up to a $500 fine. (IC ) An operator of motor vehicle whose alcohol concentration is greater than or equal to.15 grams per 100 milliliters of blood or 210 milliliters of breath commits a Class A Mi s d e m e a n o r. Class A Mi s d e m e a n o r s a re punishable by up to one year in prison and up to a $5000 fine. (IC ) An operator of a motor vehicle who, while driving under the influence of d rugs or alcohol endangers a person (including him/herself) commits a Class A Misdemeanor punishable by up to one year in prison and up to a $5000 fine. (IC ) A second violation of IC or IC is a Class D Felony if t h e re has been a previous conviction within the past five years of the current violation. (IC ) D Felonies are punishable by a fine of up to $10,000 and up to 3 years in p r i s o n. A person that causes serious bodily i n j u ry to another person while operating a motor vehicle with an alcohol concentration of.08 grams or more per 100 milliliters of blood or 210 liters of breath, or has a schedule I or II substance or its metabolite in his/her body, commits a class D Fe l o n y. If there has been a pre v i o u s, u n related conviction within the past f i ve (5) years for operating a ve h i c l e while intoxicated it is a Class C Felony; punishable by up to eight years in prison and up to $10,000 in fines. (IC ) It is a separate offense for each person i n j u red by the impaired operator. (IC ) An operator of a motor vehicle that kills another person with an alcohol concentration of.08 or more, or with a controlled schedule I or II substance or its metabolite in his/her body, commits a Class C Felony punishable by up to eight years in prison and up to $10,000 in fines. (IC ) If the operator who kills another person has a previous conviction under IC within the previous five years the penalty is a Class B Fe l o n y ; punishable by up to 20 years in prison and up to $10,000 in fines. (IC ) It is a separate offense for each person killed by the violation of IC (IC ) PENALTIES St a t u t o ry Pe n a l t i e s ( Maximums): C l a s s i f i c a t i o n Im p r i s o n m e n t Fi n e Class C Fe l o n y 5 years usual (2 to 8) up to $10,000 Class D Fe l o n y 2 years usual (1 to 4) up to $10,000 Class A Mi s d e m e a n o r up to 1 year up to $ 5,000 Class B Mi s d e m e a n o r up to 180 days up to $ 1,000 Class C Mi s d e m e a n o r up to 60 days up to $ 500 In addition to the criminal penalty for driving while intoxicated or with 0.08 perc e n t BAC, the driver s license shall be suspended for at least 90 days for a first offense and up to two years for a second offense. A third offense could result in a ten-year suspension. Indiana Prevention Resource Center:

4 DRINKING AND DRIVING LAW S IF YOU ARE ARRESTED: You will be handcuffed and taken to the police station. Your car and your person will be searched. Your car will be towed at your expense. You will be asked to take a certified breath test. If you refuse, your license will automatically be suspended for one year. (Implied consent law IC ) If you take a breath test and it shows that your blood alcohol content is.08% or more, your driver s license will be suspended for a minimum of 30 days. To be released from jail, bail will have to be posted. If You Are Convicted of Operating a Vehicle While Intoxicated: A FIRST OFFENSE You will have to pay court costs and fees in excess of $ You may receive a jail sentence of up to one year. You will be fined up to $5,000. Your license may be suspended up to two (2) years,or You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course. Your license may also be suspended for a minimum of 30 days followed by a 180-day probationary period in which you can only drive for employment purposes. You may be required to have an Ignition Interlock Device installed on your car. You may be required to attend a victim impact panel. You may be required to submit to urine testing for drugs and alcohol. You may also face other terms of probation. A SECOND OFFENSE You will be imprisoned for a minimum of five (5) days or up to three years, and/or be required to perform community service. You will be fined up to $10,000 Your license will be suspended at least 180 days and up to two (2) years. You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course. You may be required to have an Ignition Interlock Device installed on your car. You may be required to attend a victim impact panel. You may be required to submit to urine testing for drugs and alcohol. You may also face other terms of probation. A THIRD OFFENSE You may be imprisoned for a minimum of ten (10) days and up to three (3) years and/or be required to perform community service. You will be fined up to $10,000 Your license will be suspended for a least one (1) year and may be suspended for up to ten (10) years. You may be adjudged as a habitual traffic violator. You may be charged and sentenced as a habitual substance offender, for which you may be imprisoned for an additional term of one (1) year and up to an additional eight (8) years. You may be placed on probation and be required to enroll in, and pay for, a substance abuse education course. You may be required to have an Ignition Interlock Device installed on your car. You may be required to attend a victim impact panel. You may be required to submit to urine testing for drugs and alcohol. You may also face other terms of probation. Open Containers and Consumption in a Vehicle An operator who has an alcoholic concentration equivalent to at least four-hundredths (0.04) gram of alcohol per 100 milliliters of blood, or per 210 milliliters of breath, and who; while the vehicle is in operation, knowingly allows a container: 1) that has been opened; 2) that has a broken seal; or 3) from which some of the contents have been removed; to be in the passenger compartment commits a class B infraction which can be up to a $1000 fine (IC ) If a person has a previous unrelated judgment under this law or a previous unrelated conviction or judgment under within 12 months before a judgment under this chapter, the court may recommend a driver s license suspension for up to a year (IC ) An operator of a motor vehicle who knowingly consumes an alcoholic beverage while the vehicle is being operated on a public highway may be fined up to $1000 (B infraction) ( IC ). MINORS If you are a minor and lie about your age or present false evidence that you are not a minor (such as a fake ID or using someone else s ID), the court may fine you up to $500. Using a fake ID will also result in a license suspension for up to 1 year (IC ). It is a class C misdemeanor (up to 60 days in jail and $500 fine) for a minor to possess, consume, or transport alcohol on a public highway (if you re not riding with at least one parent). If you are driving a motor vehicle while doing any of the above, the court may order your license suspended for up to 1 year. If you are less than 18, however, the judge must suspend your license for at least 60 days (IC ). If you are under 21 years of age and drive a motor vehicle with a blood alcohol content between , you will be fined up to $500 and your license suspended for up to 1 year (IC ).

5 DRINKING AND DRIVING LAW S A l a b a m a days no n o / n o A l a s k a days after 30 days y e s / y e s A r i z o n a days after 30 days y e s / y e s A r k a n s a s days y e s y e s / y e s C a l i f o r n i a months after 30 days y e s / y e s C o l o r a d o 0.08 (eff. 07/01/04) 3 months y e s y e s / n o C o n n e c t i c u t days y e s n o / n o D e l a w a r e months no y e s / n o District of Columbia days y e s n o / n o F l o r i d a months y e s y e s / y e s G e o rg i a year y e s y e s / y e s H a w a i i months after 30 days y e s / n o I d a h o days after 30 days y e s / n o I l l i n o i s months after 30 days y e s / y e s I n d i a n a days after 30 days y e s / n o I o w a days after 90 days y e s / n o K a n s a s days n o y e s / n o K e n t u c k y yes/yes L o u i s i a n a 0.08 (eff. 9/30/03) 90 days after 30 days y e s / y e s M a i n e days y e s y e s / y e s M a r y l a n d days y e s y e s / n o M a s s a c h u s e t t s days n o n o / n o M i c h i g a n y e s / y e s M i n n e s o t a 0.08 (eff. 08/01/05) 90 days after 15 days y e s / y e s M i s s i s s i p p i days n o y e s / y e s M i s s o u r i days n o y e s / y e s M o n t a n a y e s / y e s N e b r a s k a days after 30 days y e s / n o N e v a d a 0.08 (eff. 9/23/03) 90 days after 45 days y e s / n o New Hampshire months n o y e s / n o New Jersey y e s / n o New Mexico days after 30 days y e s / n o New Yo r k 0.08 (eff. 11 / 1 / 03 ) v a r i a b l e 5 y e s y e s / y e s North Carolina days after 10 days y e s / y e s North Dakota 0.08 (eff. 7/31/03) 91 days after 30 days y e s / y e s O h i o days after 15 days y e s / y e s O k l a h o m a days y e s y e s / y e s O r e g o n days after 30 days y e s / y e s P e n n s y l v a n i a y e s / y e s Rhode Island y e s / y e s South Carolina 0.08 (eff. 8/1/03) y e s / y e s South Dakota n o / n o Te n n e s s e e y e s / y e s Te x a s days y e s y e s / y e s U t a h days n o y e s / n o Ve r m o n t days n o n o / y e s Vi rg i n i a days n o y e s / n o Wa s h i n g t o n days after 30 days y e s / y e s West Vi rg i n i a months after 30 days y e s / n o Wi s c o n s i n 0.08 (eff. 9/30/03) 6 months y e s y e s / y e s Wy o m i n g days y e s n o / n o

6 A L C O H O L- R E L ATED CRASH STAT I S T I CS PERCENT OF FATA L LY INJURED DRIVERS OF PASSENGER V E H I C L E S WITH HIGH BACS B Y TIME OF DAY, 2001 BAC >=.08 BAC >=.15 Midnight - 3 am am - 6 am am - 9 am am - Noon 8 5 Noon - 3 pm pm - 6 pm pm - 9 pm pm - Midnight WHEN ALC O H O L - I M PA I R E D CRASHES OCCUR Alcohol invo l vement in crashes peaks at night. Among passenger vehicle drivers fatally injure d b e t ween 9 pm and 6 am in 2001, 60 perc e n t had BACs at or above 0.08 percent, compare d with 19 percent during other hours. PERCENT OF FATALLY INJURED DRIVERS WHOSE BACS WERE TESTED AND REPORTED BY STATE AUTHORITIES, 1998 State Percent State Percent Alabama 26 Montana 53 Alaska 36 Nebraska 88 Arizona 44 Nevada 81 Arkansas 70 New Hampshire 80 California 91 New Jersey 52 Colorado 86 New Mexico 85 Connecticut 90 New York 40 Delaware 82 North Carolina 36 District of Columbia 21 North Dakota 73 Florida 56 Ohio 43 Georgia 77 Oklahoma 64 Hawaii 83 Oregon 92 Idaho 54 Pennsylvania 64 Illinois 89 Rhode Island 98 Indiana 36 South Carolina 26 Iowa 56 South Dakota 86 Kansas 39 Tennessee 72 Kentucky 63 Texas 41 Louisiana 48 Utah 53 Maine 88 Vermont 84 Maryland 75 Virginia 66 Massachusetts 88 Washington 91 Michigan 78 West Virginia 89 Minnesota 90 Wisconsin 88 Mississippi 62 Wyoming 86 Missouri 74 Insurance Institute for Highway Safety

7 A L C O H O L- R E L ATED CRASH STAT I S T I CS A LC O H O L - R E LATED CRASH SEV E R I TY BY C O U N TY

8 A L C O H O L- R E L ATED CRASH STAT I S T I CS A LC O H O L - R E LATED CRASH SEV E R I TY B Y C O U N TY c o n t i n u e d S o u rce: Indiana Crash Fa c t s