Drunk Driving Law

Progress in reducing  fatalities due to drunk-driving has slowed over the last years and it appears that an attitude shift may be necessary
Authorities at the state and federal levels have strengthened enforcement, passes tougher laws, and sponsored anti–DWI campaigns that have had some success.
Deaths attributed to drunk driving were at record lows  of 37% of all recorded fatalities in 2008.
However drunk driving continues to be a serious problem  that continues to burden our , not only with monetary costs, but preventable human tragedy.

There are exorbitant costs involved in drunk driving fatalities
According to the National Highway Transportation Safety Administration (NHTSA) each drunken-driving fatality costs about $3.5 million in monetary losses, or an estimated $45 billion annually.
Injuries associated with DWI cost more than $110 billion annually.

Most drunken driving and alcohol-related accidents are caused by heavy drinkers, alcoholics and repeat offenders. During weekends when most drunk driving occurs, very heavy drinkers, with blood-alcohol concentration

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(BAC) 50% above the legal limit, are involved in at least 65% of drunk driving fatalities and up to 35% of all alcohol related fatalities are caused by drivers with prior convictions.
Driving while intoxicated (DWI) or driving under the influence (DUI) continually remains one of the most frustrating and apparently insurmontable problems.

With some effort, it may entirely be possible  give up alcohol
Over the past 20 years drunk-driving deaths have actually fallen thank to such activist groups as Mothers Against Drunk Driving, but the decrease has plateaued and apathy appears to be setting in.
Experts say that tackling the problem of impaired driving will require stronger measures, ranging from sobriety checkpoints to impounding vehicles.
Perhaps the biggest obstacle to change is awareness. Most people are no longer focused on the problem of impaired driving and media coverage has been reduced  to being seasonal in recent years.

Another complication is that statues are established by each state, and as a result, no consistent message is being received.
The need for establishing national standards for penalizing drunk drivers is being discussed.
The problem may require a comprehensive look at all aspects for a suitable solution.

One of the most successfull programs created to reduce alcohol related traffic fatalities is New York State STOP-DWI, where stiff fines for impaired driving were actually used to enforce laws and rehabilitate
offenders.

Originally published here.

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Dale

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How to avoid a drunk driving arrest
(c)2011. Paul Stanko. All rights reserved.

Introduction

I have been a lawyer in Indiana since 1979.  I started out as a prosecutor trying hundreds of drunk driving (and all other criminal) cases.  I’ve served as a judge hearing drunk driving and other criminal cases.  Now I’m a criminal defense attorney and my practice is devoted to the defense of persons accused of drunk driving.  If you find yourself in that unfortunate situation, I will be happy to discuss your case with you, but won’t you be better off if you can avoid being arrested in the first place?

This article is intended to instruct you on how to avoid being singled out for a traffic stop and subjected to the stress, embarrassment, and expense of a drunk driving prosecution.

I will avoid stating the obvious “don’t drink and drive” drivel that MADD and other special interests spout.  The fact is that drinking for those of legal age is legal, as is driving, and also the combination of the two as long as you don’t exceed the arbitrary limit the government has set.

Let’s talk about that limit for a moment.  Back in the good old days, you actually had to be “drunk” to be convicted of “drunk driving”.  Sorta made sense, didn’t it?  Well, because it made sense (and because of lobbying by MADD and other special interests) the government had to change all that.  Now, you don’t have to be intoxicated to be convicted.  You just have to be over the arbitrary “limit” that the government bureaucrats in Washington, DC have set.  That limit is .08 (I won’t go into specifics about measurement).

Why does the federal government set Indiana’s limit?  They don’t “directly”.  They just tell the states that if they don’t impose that “limit”, they will take away the states’ highway funds.  Indiana’s state representatives, like all others, lacked the courage to assert states’ rights, therefore Indiana, like the other states, submitted to Washington bureaucrats and threw away your rights.  Just “follow the money”.

So here we are.  Thanks to your elected “representatives” you are faced with potentially losing your license and having a criminal conviction for “drunk driving” even if you weren’t drunk, but you were over the legal “limit”.  Well, I don’t write the laws; I defend people from them, so here goes.

Don’t be noticed

There are far more cops on the road than in the past.  In a time of recession and spending cuts, most local governments consider cops as good investments.  By arresting their fellow citizens, cops generate potential income in fines, court costs, and user fees.  Your first step is to avoid being noticed by a cop.

1. Avoid bars, especially on Fridays and Saturdays.

If you are out on a Friday or Saturday night anywhere near a bar, there is a good chance that a cop is sitting in a spot near you.  That cop will probably pull you over for the slightest reason (or no legitimate reason at all).  If you speed, roll through a stop sign, weave within your lane (which is not a violation), or do anything else remotely “suspicious”, you are a likely victim.

2. Keep your car in good repair.

If your tail light, brake light or license plate light is out, expect to be pulled over.  A cop will use this minor violation as a reason to pull you over and see if he smells “alcohol” on your breath.  Now, everyone (except cops) knows that alcohol is essentially odorless, but cops have a special ability to smell alcohol that other humans lack.  Their ability is so acute that they can even smell it when there is nothing there.  But seriously, keep this advice in mind.

3. Don’t speed.

I’ve read hundreds of police reports where a person was pulled over for speeding faster than the “flow of traffic”.  If you are in the passing lane, driving over the speed limit, and passing other drivers, your chance of being pulled over is great.

4. Signal every lane change and turn.

If you make a turn or change lanes without signaling, even if the only person within a light year is a cop, that cop will probably write you a ticket.

5. Wear your seatbelt.

I always wear my seatbelt, but not because government idiots tell me I should (that would be a reason NOT to).  I wear my seatbelt because I think it’s a good idea, as I have since many years before seatbelt laws.  Nevertheless, the nanny state and its cops will pull you over if you don’t wear your seatbelt.  My advice is to wear your seatbelt because it’s a good idea.  If you choose not to (as is your right), just remember it increases the chance of cops getting in your face.  It also increases the chance of your windshield getting in your face (which is a good reason to wear a seat belt, but that’s your decision, not mine).

6. Never agree to a search.

It’s none of the cop’s, or anyone else’s, business what is in your vehicle.  I hear often about cops saying after a traffic stop “Is there anything in your car I should know about?” (MY response would be “No” (thinking: “because what is in my car is none of your business”) which is an appropriate and truthful response, because the cop has no right to know anything about what’s in your car).  If a cop asks you if he can search your car, your response should be “if you get a search warrant, sure”.  As a matter of principle, you should never allow a government official or representative to do anything without proper authority.  No warrant, no search.

7. DO NOT perform field sobriety tests, ever.

The so called “standardized field sobriety tests” were concocted by a psychologist, not a medical doctor, who was contracted by the Department of Transportation.  They are designed for failure and have no correlation to normal physical functions or manual dexterity.  Even if they are properly performed by cops (which is rare), they are not accurate enough to prove guilt and are only indicative of probable cause to offer a breath, blood or urine test.  Submitting to such tests has no upside.  Don’t do it.

A special note about Rights and Freedom.

I believe more in freedom than in rights.  If we all were truly free, “rights” would be unnecessary.  “Rights” are what the government (supposedly) acknowledges we possess.  When you are dealing with the government, even as a free person, you must be willing to assert your rights.  You probably need a lawyer to help you do this.

Originally published here.

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Paul Stanko

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Finding the Right Drunk Driving (DUI DWI OWI OUI) or Drunk Boating (BWI, BUI) Defense Attorney
10 questions to ask attorneys during your first consultation concerning your DUI:
How many years have you handled DUI cases?
(You need a DUI lawyer, not a general practitioner. Ask about experience as a prosecutor or judge as well as defense experience.)
Do you devote most of your practice to the defense of drunk driving cases?
(Indiana does not recognize “specialties”. Ask whether the attorney “concentrates” his practice in DUI defense.)
Have you tried (and/or presided over) at least 25 DUI trials?
(DUIs are different from other criminal cases.)
Are you familiar with field sobriety tests, breath testing, and constitutional law involving vehicle stops and defendants’ rights?
(Drunk driving defense involves many complex constitutional issues. This knowledge is an absolute must.)
Have you obtained any special training in criminal defense since law school?
(All attorneys must get CLE (continuing legal education) each year, but has this attorney gone above and beyond the minimum? Has his training been in criminal defense as opposed to other areas of the law, like divorce or real estate?)
Have you taught criminal law courses, given seminars, or trained other attorneys?
(Your attorney should be respected by others for his knowledge of his field.)
Have you handled criminal appeals?
(Appellate attorneys are skilled at identifying and arguing legal issues, which is especially important in pre-trial motions.)
Do you charge “flat fees” based upon the type and seriousness of a case?
(Many attorneys charge “retainers” that only cover so many hours of work, or charge extra for trials. When the retainer is used up, they bill you hourly.)
Are you a member of the National Association of Criminal Defense Lawyers?
(Ask about other professional and academic associations as well.)
Will you be handling my case personally?
(Surprisingly, some attorneys “pawn off” their clients to “associates” and “assistants”. “Less important” hearings may be handled by other attorneys. If the answer to this last question is not “yes”, none of the previous answers matter!)

Originally published here.

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Paul Stanko

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