PLEA. Alcohol, Drugs, and Driving

Transcription

1 PLEA Vol. 37 No. 1 Alcohol, Drugs, and Driving No one gets behind the wheel with a plan to hurt themselves or others. But every day, people are injured or killed and lives are dramatically changed by drivers under the influence of alcohol or drugs. This is particularly true for young people: automobile crashes are the single largest cause of death among 15 to 24 year olds, and nearly half of these deaths are alcohol-related. Choosing to drive while under the influence can have life-altering consequences. This issue of The PLEA explores how mixing alcohol and drugs with driving will impact you, your passengers and others. PM

2 What is driving under the influence? When we hear driving under the influence, we often think about having alcohol in our system and being behind the wheel of a car. However, driving under the influence covers many situations. It is not just alcohol that puts you under the influence and makes you ineligible to drive. Drugged driving be it illicit drugs, marijuana, prescription drugs, or some over-the-counter drugs is just as dangerous. And it does not have to be a car that you are driving. It could be a motorcycle, ATV, boat, snowmobile or farm equipment. The law recognizes the serious risks created by driving under the influence of alcohol or drugs. There are significant penalties: minimum penalties and increasingly severe penalties for subsequent offences mandatory jail time for any repeat criminal drug or alcohol driving charge mandatory driving prohibitions including immediate roadside suspensions immediate roadside vehicle impoundments financial costs that can exceed $18,000 possible loss of insurance in the case of a collision Saskatchewan has the highest rate of impaired driving incidents of all the provinces a rate almost triple that of the national average. The PLEA Alcohol, Drugs, and Driving Fig. 1. Sound truck warns against impaired driving, Toronto, Public awareness campaigns about the dangers of being impaired predate the motor vehicle, originating with the Temperance movement of the late eighteenth century. However, it was not until the 1960s that large-scale public awareness campaigns about driving while impaired became prevalent. 2

3 Activity Young Drivers Under the Influence For young and new drivers including people 21 and under, people in the Graduated Driver s Licensing program, and people with learner s licences the law is black and white. It is illegal to drive after drinking any amount of alcohol or taking any drugs. There is zero tolerance. 1. Do you agree that it is fair to have stricter limits for young people and new drivers? Why or why not? 2. Studies have shown that driving is a significant mental task for new drivers and even low levels of alcohol or other drugs can produce a noticeable impairment. Does knowing this change your answer to question 1? 3. Studies have shown that teenagers tend to overrate their driving skills, underrate risks of the road, and have more trouble multitasking. Does knowing this change your answer to question 1? 4. Statistics have shown that teenage drivers have the highest rate of accidents per mile travelled. Half of all teenage deaths on the road are related to impaired driving. Does knowing this change your answer to question 1? 5. Studies have shown that stricter laws on young drivers have significantly reduced traffic deaths. plea.org Does knowing this change your answer to question 1? 3

4 Driving Under the Influence: The Consequences Blood alcohol content (BAC) is the amount of alcohol in a person s blood. It is measured by milligrams of alcohol per 100 millilitres of blood, and expressed as a percentage. For example, if a person s blood alcohol concentration is.08%, they have 80 milligrams of alcohol per 100 millilitres of blood. The law recognizes the varying levels of impairment caused by progressively higher levels of alcohol in your blood. The legal consequences of driving under the influence of alcohol depends in-part on the amount of alcohol in your system. When your blood alcohol level is.08 or above, it is a criminal act to operate a motor vehicle. However, a blood alcohol level well below.08 will have predictable negative effects on your ability to drive. A level as low as.02 reduces your ability to track a moving object such as other cars or pedestrians, and reduces your ability to divide your attention between two tasks. If your blood alcohol reaches.05 you will also have reduced coordination, difficulty steering and a reduced ability to respond to an emergency situation. (Source MADD) The PLEA Alcohol, Drugs, and Driving Fig. 2. A breathalyzer, Robert Borkenstein, a former Indiana state police captain, invented the modern breathalyzer in An improvement from earlier inventions such as the Drunkometer, the Intoximeter, and the Alcometer, the breathalyzer was easy to use and more accurate. This paved the way for police to determine if a driver was over the legal limit. 4

5 Zero Tolerance for New Drivers In Saskatchewan, it is against the law for new drivers to have any alcohol in their blood. For experienced drivers the limit is.04. If you drive over these limits... Your driver s licence will be immediately suspended. For new drivers and drivers who are 21 or younger, suspensions start at 60 days and increase with subsequent offences, up to a maximum of 18 months. For experienced drivers suspensions start at 3 days and increase for subsequent offences, up to a maximum of 90 days. The vehicle you were driving will be impounded. Even if you are not the registered owner of the vehicle it will be impounded. Impoundment starts with 3 days for a 1st offence and increases with subsequent offences up to 14 days for experienced drivers and 7 days for new drivers. The registered owner will be responsible for towing and storage costs, but could take steps through the courts to recover those costs from the driver in situations where the owner was not the driver. You will have to pay for and take an Impaired Driving Education Program. For a 1st offence the Driving Without Impairment (DWI) Program is required to be completed within 120 days. For a 2nd offence the Alcohol and Drug Education Program is required. For a 3rd offence Addiction Assessment is required. You will lose Safe Driver Recognition points. You may also have to pay a penalty depending on your current safety rating. Repeat offenders must install an ignition interlock device on any vehicle they drive. Ignition Interlock requires drivers to provide a breath sample before the vehicle will start and will prevent the vehicle from starting if alcohol is detected. It also requires and records random breath samples while the vehicle is running. You will be responsible for installation and maintenance costs. For all the above offences, convictions within the last 5 years will be considered in determining if it is a 1 st, 2 nd, 3 rd or subsequent offence. plea.org 5

6 Almost everyone will be impaired at.08. At.08, you will have difficulties controlling your speed, poor concentration, impaired perception and loss of the ability to process information about your surroundings. It is a criminal offence to drive with a blood alcohol level over.08. Similarly, you can be too impaired to drive from the use of marijuana, illicit drugs, over-the-counter drugs, or prescription drugs. The law recognizes the impairments caused by alcohol and drugs. It is a criminal offence to be in control of a motor vehicle while over.08. It is also a criminal offence to be in control of a vehicle while impaired. Your ability may be impaired at a BAC below.08. It may also be impaired by the use of drugs. Unlike the offence of over.08, an impaired driving charge depends on the effect that alcohol or drugs have on the individual, not the amount consumed. If you are convicted of over.08 or impaired driving you will have a criminal record. This can affect future travel, education, and employment opportunities. Some employers require criminal record checks and some countries will not allow people with a criminal record to enter or only allow them to enter if they receive a waiver. Over.08 Charges The PLEA Alcohol, Drugs, and Driving Your driver s licence will be immediately suspended. The suspension begins immediately after charges are laid and stays in place until the charges have been dealt with in court. The vehicle you were driving will be impounded. The vehicle will be impounded, even if it is registered to another individual, for a minimum of 30 days. If your BAC is.16 or higher, or if you refuse to provide a breath sample, the minimum impoundment increases to 60 days. Registered owners are responsible for towing and storage costs. If the owner and driver are not the same person, the owner may sue the driver to recover these costs. You do not actually have to be driving to be convicted of being over.08 or impaired driving: these offences include having care or control of a vehicle. This means being found drunk in the driver s seat is enough for a conviction unless you can show that you did not have care and control of the car. 6

7 Over.08 and Impaired Driving Convictions You will be banned from driving for at least one year for a 1 st offence. For a 2nd offence the minimum ban is 2 years. The minimum goes up to 3 years if the 2 nd offence was within 10 years. For a 3rd or subsequent offence, the minimum ban is 3 years. The minimum increases to 5 years if the 3 rd offence was within 10 years. If anyone was injured a ban can be in place for up to 10 years. If anyone is killed the ban can be for life. You may be able to drive sooner with a special restricted licence or with ignition interlock depending on your situation. You will be fined a minimum of $1,000 for a 1 st offence. There is no set maximum fine. If this is not your 1 st offence, you will go to jail. For a 2nd offence the minimum jail term is 30 days. For a 3rd or subsequent offence the minimum jail term is 120 days. The maximum jail time is 5 years, unless an injury is caused. Then the maximum is 10 years. If a death is caused, the maximum is life imprisonment. You will be required to take an Impaired Driving Education Program. More intensive programs are required if there are repeat offences. You must pay a registration fee to enroll in these programs. You will be fined a minimum of $1,250. Under the Safe Driver Recognition Program, this penalty increases to $2,250 for a BAC reading.16 or over or refusing to provide a breath sample. Criminal Code convictions from vehicle incidents causing injury or death will result in a $2,500 penalty. Ignition Interlock must be installed. For a 1st offence, the Mandatory Ignition Interlock is for one year. The length of time that ignition interlock is required goes up with subsequent offences and also with alcohol blood levels (.16 or over) to a maximum of 10 years. There is a minimum estimated cost for ignition interlock of $1,260. This cost goes up with subsequent offences or convictions where there was a blood alcohol level.16 or over or you refused to provide a breath sample. plea.org 7

8 Looking Back at Impaire The first-ever person charged with driving under the influence was a London taxicab and swerved into a building. He was fined 20 shillings. Since then, laws have change influence. Consider the evolution of impaired driving laws. How do these law New York becomes first American state to outlaw driving while intoxicated Canada s first criminal case involving impaired driving Canada adds impaired driving offence to Criminal Code because of differing judicial interpretations of what is intoxication. For example, in a 1936 Alberta case a judge said that a driver under the influence of liquor... is a different thing from saying that he was intoxicated. Research by the American Medical Association and the National Safety Council spawns the first widely-accepted legal BAC limit in the United States, at Canada s Criminal Code changes to make driving while 1921 intoxicated a criminal offence. The law does not spell out a specific definition of intoxicated. Punishments are seven days in jail for first offence, one month in prison for second offence. W.D. McNally 1927 of Chicago invents an early version of the breathalyzer. A lan The of Dr is It e ben for l ineb based 1951 Canadian police begin using breathalyzers for testing BAC in motorists Canada s Supreme Court rules that drivers must submit to a breathalyzer test Criminal Code changes to reflect advancing technology and understandings of 1 impairment. Driving while intoxicated is removed from the Cri Code, impaired driving stays. The o of over.08 is added. It also crimina the refusal of a breathalyzer tes

9 d Driving and the Law driver. In September 1897, George Smith drank several beers, got into his taxicab, d to accommodate our growing understandings of the dangers of driving under the s reflect changing social norms? How do they reflect changing technology? dmark study Diagnosis unkenness released. stablishes chmarks evels of riation on BAC minal ffence lizes t. Norway becomes the first country to establish a BAC limit for drivers, set at Mothers Against Drunk Driving (MADD) is founded To address driving under the influence of drugs, amendments to the Criminal Code include the implementation of the Drug Evaluation and Classification Program (DEC) and the introduction of drug recognition experts Students Against Drinking and Driving (SADD) is founded Saskatchewan moves to zerotolerance for alcohol or drugs in the system of new drivers and young drivers. Criminal Code amendments extend prohibition of impaired driving to aircraft and vessels. Penalties are stiffened for driving while impaired. The law is also changed so that blood samples can be taken if breath samples cannot be obtained to determine BAC The United States Congress passes a 2000 law setting.08 BAC as the legal limit. Prior to the law, each state could set their own limit. The Canadian Government introduces legislation that provides police with the authority to require saliva tests for drivers they suspect are high Saskatchewan introduces penalties for driving with BAC over

10 Activity How cool is that? Despite the restrictions against impaired driving, too many impaired people get behind the wheel. They can face years of personal and legal consequences... not so cool. A conviction for being over.08, impaired driving, or refusing to provide a sample to test if you are impaired will leave you with a criminal record. Criminal records may disqualify you for certain jobs and volunteering opportunities. As well, some countries will not allow you to enter if you have a criminal record, or may require you to apply for and receive a waiver. This can affect travel and education opportunities. Many well-known people have ended up facing horrible and embarrassing consequences from impaired driving. The consequences are also very public. Do you really want to end up like one of them? Paris Hilton reality television star Chad Kroeger The PLEA Alcohol, Drugs, and Driving Nickelback frontman 10 Received a one-year driving suspension and a $600 fine in 2008 for a DUI. In 2016 the police department in Kensington, PEI, threatened to make people charged with driving under the influence listen to Nickelback while in the back of the police car. Was sentenced to three years probation, ordered to attend alcohol-related education classes, and fined $1,500 after being pulled over for driving under the influence. She was caught driving thirty days later which was a violation of her p ro b a t i o n. This landed her in jail.

11 Michael Phelps Olympic swimmer Was twice arrested for driving under the influence. He was sentenced to a year in prison, although the sentence was suspended in favour of 18 months of probation. He was suspended from the USA swimming team for six months. Tiger Woods professional golfer Was found sleeping in his car at the side of the road and arrested for being in control of a vehicle while under the influence. The case is still going through the courts: a breathalyzer test registered BAC. He blames his intoxication on a mixture of prescription drugs. These celebrities should consider themselves lucky. Many others end up injured or dead because of driving under the influence. For example, Vince Neil, the lead singer of the 80s metal band Mötley Crüe, killed the drummer of the Finnish band Hanoi Rocks and seriously injured two other people when driving under the influence in And hockey star and donut mogul Tim Horton died when he lost control of his car while under the influence in Look up well-known people from the past and today who have been charged with or convicted of driving under the influence. a) What were the legal consequences of their actions? c) Were they lucky? How could their situations have been even worse? 2. Would you want to end up like them? plea.org b) What kind of comments about them have been made on social media and on comment sections? 11

12 Detecting Drunk or Drugged Driving The PLEA Alcohol, Drugs, and Driving Police use a variety of methods to determine if a person is driving while impaired by alcohol or drugs. A police officer s observations of the way that a person drove or the way that they looked and acted when stopped may be used as evidence to show that the person was driving impaired. Some of the things an officer looks for are: Was the car weaving across the road? Did the driver miss a stop sign or a red light? Does their breath smell of alcohol? Are there unusual changes to the driver s pupils? Does the driver need to lean on something to stand up? Are they unsteady? Are their eyes glassy or red and watery? However, observations are only one method. There are specific ways to test for blood alcohol over.08. Similarly, there are tools to determine if a driver has exceeded the legal limit under Saskatchewan law (.04 for experienced drivers and zero for new drivers or people 21 or under). There are also standardized tests to look for signs of impairment from alcohol or drugs. It is a criminal offence to refuse to take the tests outlined below or provide the required samples. The consequences for refusal are the same as being convicted of a criminal drug or alcohol driving charge, with the addition of things like longer impoundment times for vehicles, larger penalties under the Safe Driver Recognition Program, and longer periods of mandatory ignition interlock. Within Three Hours A breathalyzer demand can be made if a police officer has reason to believe that a person has been driving while impaired or over.04 within the last three hours. A demand can even be made if that person is not in their vehicle. For example, if an officer sees someone weaving all over the road and then finds that person at home half an hour later, the driver could still be required to take the test and can be charged if they are over the limit or refuse to take the test. Roadside Tests If a police officer has reason to believe that a driver has any alcohol in their body the officer can demand that the driver immediately provide a breath sample for a roadside screening device. Unlike breathalyzers, roadside screening devices don t tell the amount of alcohol a person has in their blood. They usually indicate pass, fail or warning. Breathalyzers A breathalyzer demand may be made when a police officer has reasonable grounds to believe that a driver is impaired or has a blood alcohol level over.08. A demand may also be made if the officer reasonably suspects that a new driver or a driver who is 21 or under has consumed any alcohol. For example, the police may demand that a person take a breathalyzer test if they fail a roadside test or their driving is erratic. Blood Samples In some situations, the police can demand a blood sample rather than a breath sample. A demand for a blood sample can be made when a police officer believes that the driver s physical condition makes them unable to take a breathalyzer test. A demand for a blood sample may also be made when it would be unreasonably difficult to obtain breath samples. For example, a person who suffers a mouth or face injury in a collision might not be able to provide a proper breath sample. 12

13 Standard Field Sobriety Tests Police officers may require a driver to take a Standard Field Sobriety Test (SFST) if they have reason to believe that the driver has too much alcohol in their blood system. For new drivers and anyone 21 or under, any alcohol is too much alcohol. Experienced drivers may drive provided their alcohol level is below.04. A Standard Field Sobriety Test may also be required if there is reason to believe that a driver is unsafe to drive because of drugs or other substances. These tests are designed to assist police officers in spotting signs of impairment. They typically include checking a driver s ability to follow the movement of an object with their eyes, keep their balance and follow instructions. If the test shows signs of drug impairment the driver must undergo a drug evaluation and classification assessment by a trained police officer. This means that the driver must provide a blood, saliva or urine sample. Marijuana reduces your coordination and balance, shortens your attention span, alters your perception of time and distance, and slows your reaction times. These effects impair your ability to respond to sudden events in traffic (MADD). In fact, a 2012 study from Dalhousie University found that smoking cannabis three hours before driving will nearly double your risk of having a motor vehicle crash. plea.org 13

14 Are you over the limit? Sometimes people rely on rules such as the number of drinks consumed in an hour to estimate if they are OK to drive. Relying on these calculations is risky especially when the stakes are as high as they are in drunk or drugged driving. These calculations assume that the person has consumed a standard drink but in reality there is no such thing. The alcohol content of what is being served will depend on what you re drinking, the size of the glass and even based on the brand you are drinking. Even if you could accurately calculate how many grams of alcohol you have consumed, factors such as your body type, weight, food consumption and the time of day you are drinking will all affect your actual blood alcohol level. drive is impaired. Regardless of your blood alcohol level it is a crime to drive when your ability is impaired by alcohol or drugs. Because consuming these substances affects your ability to make judgments, your own estimation of your condition is not reliable. A 2014 study revealed the effects of combining alcohol and marijuana. When a driver combines the two, the risk of performing an unsafe driving action increases by 8-10% for every additional.01 rise in BAC and that is over and above the increased risk created by the alcohol alone. These rules and calculations also give you no information about whether your ability to The PLEA Alcohol, Drugs, and Driving Fig. 3. A driver administers a do-it-yourself breathalyzer test, Do-it-yourself breathalyzers are still widely available, but are not nearly as accurate as the breathalyzers used by law enforcement agencies. 14

15 Activity Why do people drive while under the influence? The legal consequences for driving while under the influence are steep. However, there is a simple way to stay one step ahead of the law... just don t drive unless you re sober. If you do find yourself or a friend under the influence, there are countless alternatives to driving. These include: calling a cab asking a friend or parent for a ride giving a ride to a friend who is impaired taking a bus walking staying the night There are good reasons why driving under the influence is against the law: There are so many negative possible outcomes for you and for society if you do it. And there are so many other options. So why do people do it? 1. Brainstorm a list of all the ways that people can avoid driving under the influence. a) For each item on your list, think about times it has been successful in stopping people from doing so. b) The fact of the matter is people continue to drive under the influence. Look back to your list. For each item, consider why people would not pursue that option. plea.org 2. What would you do to further reduce impaired driving? 15

16 Staying Safe There is no need to operate any type of motorized vehicle if you drink or take drugs. Check the label on prescription or over the counter medications before taking them so that you can make an informed decision about driving. Many communities all over Saskatchewan also have programs in place to report impaired drivers (RID). These programs encourage the public to pull over and call 911 if they see a driver they suspect is impaired. Other community organizations offer programs to help reduce impaired driving. They include: MADD Mothers Against Drunk Driving MADD is a non-profit, grassroots organization that is committed to stopping impaired driving and supporting the victims of this crime. In Saskatchewan MADD has two chapters and two communities with community leaders. SADD Students Against Drinking and Driving SADD is an organization of young people that works to prevent friends and family from drinking and driving which is the leading cause of death for people under RCMP Royal Canadian Mounted Police The RCMP, Canada s national police force, has resources and lesson plans to help understand and reduce incidents of impaired driving. They may also be able to provide guest speakers. SGI Saskatchewan Government Insurance Saskatchewan s publicly-owned insurance company has information on drinking, drugs and driving consequences including copies of their public awareness campaign resources. PLEA gratefully acknowledges SGI s financial support in the production of this resource. Fig. 1, 2, 3 photos from the Toronto Star Archives, courtesy of Toronto Public Library. Graphics credit Shutterstock. Order Free Class Sets at plea.org /17 ISSN: Public Legal Education Association of Saskatchewan plea.org plea@plea.org