Drinking and Driving.

According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accidents involving fatalities occur every 40 minutes in the United States.

Alcohol impairs driving – as well as other activities involving coordination – because it works as a depressant on the nervous system. It changes communication patterns of nerve cells in the brain. The impairment of these cells distorts hearing and vision and speech, and dulls the senses and coordination.

While the number of alcohol-related car accidents is high, it has declined in recent decades. The decrease is credited to stronger penalties, increased public education and awareness, and more frequent monitoring by law enforcement. Through sobriety checkpoints, officers can observe random drivers for impairment. Anyone who is driving erratically can also be pulled over and evaluated for intoxication.

One way that sobriety is tested is through breathalyzer testing. When alcohol gets absorbed into the bloodstream, it moves through the lungs and gets expelled by exhaling. The amount of alcohol in the blood is related to the concentration in the air. The ratio of alcohol on the breath to alcohol in the blood is 2100:1; 2100 milliliters of air are equal to 1 milliter of blood.. Breathalyzers work by measuring these levels, called blood alcohol content (BAC.) When an impaired person breaths into the breathalyzer, chemicals in the breathalyzer react with the alcohol to produce a color change. Breathalyzers give instant results without the need to do a blood test.

The use of drugs – even prescription drugs – can also affect driving. Like alcohol, drugs can alter coordination, reaction time, and perception. This includes any over the counter or prescription drug that warns against operating machinery while using. Recent studies show that illegal drugs are used by up to 22% of drivers involved in accidents. Research suggests that marijuana slows a driver’s perception, while cocaine causes drivers to speed and drive erratically.

Several states have laws against driving with any prohibited drug in the bloodstream. Other states define drugged driving as using any drug that causes impairment to the driver.

While drunk driving laws vary by state, every state prohibits driving with a blood alcohol level of .08% or higher. These are called “Per Se” laws. All states also have an Implied Consent Law. This means that anyone with a driver’s license has implied consent to DUI testing. Penalties for driving under the influence include incarceration, vehicle impoundment, revoking of the driver’s license and community service. Because of the repercussions and enormous court fees, it’s important for those arrested for DUI to seek the legal advice of an experienced DUI attorney right away.

Another law recognized in all states is the “Zero Tolerance” law for drivers under the legal drinking age. Underage drivers with any trace of alcohol in their systems can be penalized. The level varies by state. Many states also charge stricter penalties for people with extremely high breath alcohol levels or repeat convictions.

Even small amounts of alcohol can affect driving ability, especially among certain groups like women and older adults.

Alcohol affects women differently than men; dietary guidelines for moderate drinking are two drinks per day per men, but only one for women. Research suggests that more stringent DUI enforcement has resulted in more arrests of female drivers. Alcohol also impairs adults over 50 to a greater degree than their younger counterparts. Older adults become more impaired after drinking moderate amounts of alcohol, without realizing that they are too impaired to drive.

A single drinking and driving incident can have a lifelong impact on many people. While losing a loved one is always difficult, the senseless, violent and sudden loss due to a drunken driving accident is especially profound. When a drunk driver is killed in an accident, family and loved ones have to deal with guilt, shame and social stigma as well as grief. Besides serious legal penalties, drivers who cause alcohol related fatalities have to deal with their guilt for the rest of their lives.

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[caption id="attachment_21715" align="alignleft" width="300" caption="Photo Credit: The San Diego Union Tribune"][/caption] Last week, we reported on a car accident in San Diego that resulted out of alleged teen street racing. In new developments, the 18-year-old driver charged with the death of the two teenagers involved in the street racing has pleaded not guilty to vehicular manslaughter among four other charges according to reports at the San Diego Union Tribune. The news follows the earlier arrest of another 16-year-old driver that was taken into custody on similar charges. Just shortly after his arraignment, Michael Johnson, the 18-year-old driver of a Volvo S40, said, according to his attorney, that he is not the responsible party in the tragic San Diego accident fatalities that occurred April 4. Accident reports indicate that Johnson was returning from a spring break beach party in La Jolla when he was allegedly involved in a street racing contest with another teen driver – the unidentified 16-year-old driver of a Volkswagen Passat whose name has not been released since he is a minor. According to Deputy District Attorney Kristen Spieler, the two vehicles were zigzagging across lanes at speeds reaching up to a staggering 100 m.p.h. The 16-year-old driver in the Passat lost control over the vehicle, causing the car to flip over several times across multiple lanes of the road. Two passengers, Anthony Foreman, 18, and Jayli Campbell, 16, were thrown from the Passat and died at the scene of the accident. Two passengers survived the crash. Charlotte McQuillen, survived the accident although she suffered serious injury as a result of the collision including reports that say the teen will have to recover from traumatic brain injury. Anthoney Taylor, 16, also survived the crash although his injuries are unclear at this time. Johnson did not flee the scene of the accident according to police reports and cooperated with authorities once officers assessed the scene of the collision. The teen has no prior criminal record, although authorities say his vehicle was found containing a small amount of marijuana. Johnson is being charged with intoxicated driving, although his lawyer says there were no field sobriety tests to confirm the teen’s alleged intoxication. Teen driving: reminders for concerned parents Last week, we blogged on actions parents can take to prevent teen car accidents. Tips include:

Sign a parent-teen contract. Download your free contract now.
Enforcing the rules. Every teen driver needs to know that rules are there for a purpose, and when they are broken, consequences will follow.
Have a DUI backup plan. As most parents can attest, there are many instances when teen drivers run into problems that supersede their know-how and maturity. Drinking is one of those problems. In cases of emergency, your teen should have an open-door policy where they feel safe to call you when they need help – such in the case of drunk driving or driving while intoxicated.

About the Law Offices of Michael Pines, APC The Law Offices of Michael Pines, APC are specialists in car accident injury. Every personal injury attorney in our San Diego office works hard to seek maximum recovery for every injured client. Your case is handled without any out-of-pocket costs, so do not hesitate to speak to a San Diego personal injury lawyer today for a free legal evaluation. Call us at 1-800-655-6585.