Tag Archives: MADD

12 Million Americans Drove While High in 2018, 21 Million Drove Drunk

According to a study conducted by the U.S. Centers for Disease Control and Prevention and data derived from the Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health (NSDUH), 12 million drivers over the age of 16 admitted to driving stoned in 2018. In the same year, close to 21 million said they drove drunk.

The report, published in Morbidity and Morality Weekly Report, mentions “Driving under the influence of marijuana was defined as an affirmative response to the question ‘During the past 12 months, have you driven a vehicle while you were under the influence of marijuana?’”

According to the report, “The prevalences of driving under the influence of marijuana and driving under the influence of illicit drugs other than marijuana were higher among males (6.2%, 1.3%, respectively) than among females (3.2%, 0.5%, respectively). The prevalence of driving under the influence of marijuana was highest among non-Hispanic multiracial persons (9.2%). The prevalence of driving under the influence of marijuana ranged from 0.6% among persons aged ≥65 years to 12.4% among persons aged 21–25 years; the second highest prevalence (9.2%) was reported among persons aged 16–20 years. The highest reported prevalences of driving under the influence of illegal drugs other than marijuana were among persons aged 21–25 years (1.9%) and 26–34 years (1.9%).”

It is also worth noting that the highest prevalence of drug use was in the age groups 21-25 years of age with the second highest prevalence of drug use was noted in the age group 16-20 years old.

What’s more, according to the report, the numbers for those claiming to have driven under the influence of marijuana is still significantly lower than that of those who claim to have driven drunk.

These numbers are based on self-reported responses from the participants. Therefore, the accuracy and scope of the information is limited to the truthfulness and completeness of the responses. The report acknowledges this in its findings. 

Nonetheless, numbers such as these worry people like Helen Witty, president of Mothers Against Drunk Driving (MADD), who said, “Driving under the influence of marijuana is a huge concern, and it’s a huge public health problem that we have such young people using marijuana… It’s natural, they say. But so is snake venom. Natural doesn’t mean that it’s good for you.”

The report by the CDC concludes their discussion by stating, “Impaired driving is a serious public health concern that needs to be addressed to safeguard the health and safety of all who use the road, including drivers, passengers, pedestrians, bicyclists, and motorcyclists. Collaboration among public health, transportation safety, law enforcement, and federal and state officials is needed for the development, evaluation, and further implementation of strategies to prevent alcohol-, drug-, and polysubstance-impaired driving. In addition, standardized testing for alcohol and drugs among impaired drivers and drivers involved in fatal crashes could advance understanding of drug- and polysubstance-impaired driving and assist states and communities with targeted prevention efforts.”              

I wonder, however, how many of the 12 million who claim to have used marijuana before driving can actually be considered impaired? More importantly, how do we inform the public about understanding impairment from the use of marijuana if we still don’t have a valid method of determining it?

“Heroic” Daughter Records and Calls 911 on Drunk Driving Mom

A 10-year-old girl is being hailed as a hero by both law enforcement and her mother for recording and calling 911 on, get this, her mother who was driving drunk.

Stephanie Davis, 31, was stopped shortly after 4pm on Saturday in Glendale, Arizona after police received a 911 call from Davis’s daughter that Davis was driving drunk. According to Maricopa County court records, when police arrived, Davis was found stumbling around outside her car, exhibiting slurred speech and bloodshot eyes.

“When she walked, she had to be supported by officers, and when she tried to exit the patrol vehicle, she fell down and had to be caught by officers,” according to court documents.

Police also found Davis’s three children in the car, one of which had recorded Davis’s drunk driving and had called 911. The 10-year-old provided police with the video of the incident and, according to court records, the children could be heard in the background yelling at Davis to pull over so that she wouldn’t crash the vehicle.

Davis later confessed to drinking wine while watching the Lion King with her daughter and 4-year-old nieces. She also later failed field sobriety test and was served a warrant for a blood test.

“This is the most embarrassing thing to happen in my life…the most failed moment of being a mother,” Davis told KTVK of Phoenix.

As Davis prepares to go to court on September 23rd, she has praised her “heroic” daughter for “absolutely [doing] the right thing.”

As a first-time DUI offender in Arizona, Davis faces a minimum of 24 hours in jail (the law provides for 10 days minimum with nine days suspended) up to six months, up to $2,500 in fines and fees, a license suspension between 90 and 360 days, installation of an ignition interlock device, possible probation for three years, possible community service, and possible alcohol assessment coupled with an alcohol education class.

While not exactly the same had Davis’s DUI been in California, she’d be facing similar consequences. In California, Davis would have faced three years of informal probation, up to six months in jail, between $390 and $1,000 in fines (not including “penalties and assessments” which increase the fine by about three to four times), a minimum three-month DUI course, possible jail, possible community service and/or labor, possible installation of an ignition interlock device, possible MADD Victim Impact Panel, possible Hospital and Morgue Program,  and a license suspension.

California also treats DUI with children in the car very seriously. Not only would Davis be looking at the punishment under California’s DUI law above, she would also be looking at additional penalties under California Vehicle Code section 23572, also known as California’s DUI child endangerment enhancements.

Under California Vehicle Code section 23572, a first time DUI conviction where a minor under the age of 14 is in the car will bring an additional 48 hours in a county jail. A second time DUI conviction will bring an additional 10 days in jail. A third time will bring an additional 30 days in jail. A fourth will bring an additional 90 days. Furthermore, these penalties are to be served consecutively, not concurrently with the underlying DUI penalties.

The prosecutor need only prove that you were driving under the influence and that there was a minor child under the age of 14 in the car while you drove.

Davis’s words of advice to parents: “Save the wine for at home.”

California DUI with a High BAC

Many people know that the legal blood alcohol content limit is 0.08 percent and that if caught driving with a 0.08 percent or more, they will face the penalties associated with a DUI. Few people however know that if they are caught driving with a blood alcohol content that is much higher than the legal limit, they face additional penalties.

The mandatory minimum punishment for a first time DUI conviction in California is $390 plus penalties and assessments, which are like court taxes and will increase the overall amount to about $2,000, three years of summary (informal) probation, and a three-month DUI program called AB-541.

The first consequence of a driver having a high blood alcohol content, beyond the mandatory minimum penalties mentioned above, is that they must admit to having a high blood alcohol content. The prosecutor may include in the criminal complaint a “special allegation” that the driver’s blood alcohol content was high. In addition to pleading guilty to the DUI itself, as part of a plea deal, prosecutors often want the driver to admit on the record that the special allegation that their blood alcohol content was particularly high.

A driver may also be facing a longer DUI program. AB 762 is a six-month program and AB 1353 is a nine-month program and both can be offered as part of plea deal for an elevated blood alcohol content. There is an 18-month program called SB 38, but it is reserved for people who have been convicted of one or more California DUI’s within the past 10 years. 

Another additional penalty that a person faces after a California DUI conviction with a high blood alcohol content is the Mothers Against Drunk Driving Victim Impact Panel. According to Mother Against Drunk Driving (MADD), one of their main goals is to prevent recidivism of DUI offenses. In an attempt to accomplish this, MADD provides one-day presentations where convicted DUI offenders listen to the stories of people whose lives have been negatively affected by drunk driving. The speakers are usually victims of DUI-related collisions or relatives of those who were killed as the result of DUI-related collisions.

The prosecutor might also offer a Hospital and Morgue (HAM) program. The name is exactly what the program entails. The person convicted of the California DUI must visit with doctors at a hospital who address the dangers of driving drunk and experience the health consequences of driving drunk. Following the hospital visit, the person must visit a morgue where they view the bodies that are stored there and are confronted with the ultimate consequence of driving drunk and other risky behavior. After both the hospital and morgue components are completed, the person must write an essay reflecting on their experience, the lessons learned, and behavior moving forward.

Alcoholics Anonymous (AA) meetings might also be offered as an additional penalty when a BAC is particularly high. According to its own website, www.aa.org, “AA is an international fellowship of men and women who have a drinking problem…Membership is open to anyone who wants to do something about his or her drinking problem.” AA meetings are relatively easy to locate and are offered throughout the week at varying times. Since the meetings only typically last one hour to 90 minutes, the court usually requires at least 10 meetings. For extremely high BAC readings, a person may have to a significant amount of AA meetings.

Lastly, a person may actually have to serve jail time. Whether a prosecutor will want jail for an elevated BAC depends other aggravating factors surrounding the DUI, the county in which the DUI took place, and the courthouse itself. Although it is the most severe of the increased penalties and unlikely to be offered, it is possible.

A driver with a particularly high blood alcohol content may face one, all, or a combination of any of the abovementioned increased penalties. Other, less frequent penalties, such as a SCRAM device or an ignition interlock device, may also be included. Since these penalties are not mandatory, it is important to hire a California DUI attorney to possibly eliminate them as part of a DUI sentence.

 

 

Could Extending Last Call in California Increase DUI Incidences?

Many people know Nevada, particularly Las Vegas, as the obvious exception to widely accepted last call time of 2 a.m. and some know that a few states such as New York, Hawaii, and Alaska have later last calls than 2 a.m. California’s last call is 2 a.m. One senator hopes to extend the last call in certain California cities such as Los Angeles to 4 a.m.

Just to be clear before I move on, “last call” refers to the last time for which a bar or restaurant can sell alcohol to patrons.

The bill, which was introduced by Sen. Scott Wiener and entitled Let Our Communities Adjust Late Night Act, would allow municipalities to extend last call to 4 a.m. with the approval of the California Department of Alcoholic Beverage Control. The bill provides the flexibility to allow an extension of last call to certain cities or “specific areas” of a town. It also would allow an extension only on certain days of the week or only on specific holidays.

A similar bill by Sen Mark Leno was rejected in 2013 by the Senate Committee on Governmental Organization.

Not so surprisingly, Mothers Against Drunk Driving (MADD) are opposed to extending the last call time just as they were back in 2013.

"MADD supports uniform closing times for establishments that serve alcohol to avoid creating the dangerous possibility that patrons will bar-hop for that one last drink — a dangerous scenario that all too often increases the risk of drunk driving," national spokeswoman for the group, Becky Iannotta, said in an email to LA Weekly.

According to Weiner, the extra two hours would provide an enormous amount of extra revenue to the hospitality industry in California. In a statement Weiner said that the law would allow cities to “benefit economically and culturally from a strong nightlife presence.”

Amongst the supporters of the bill is the California Restaurant Association and the California Music & Culture Association.

“Nightlife is a major economic and cultural driver in California,” said the California Music & Culture Association’s co-chair, Ben Bleiman, in a statement. “This bill represents a crucial opportunity for California’s cities and towns to choose to join the ranks of those across the country and the world offering truly world-class nightlife for their residents and visitors.”

The group Taxpayers for Improving Public Safety argued in 2013, when Sen. Leno attempted to introduce his bill, that staggering the last call times in California would lessen the burden on law enforcement and public transportation because not all bargoers and drunks would be hitting the streets at the same time.

 

What are the Penalties for a California DUI?

It goes without saying that the punishment for driving under the influence in California, and across the United States for that matter, continues to increase significantly thanks to the hypervigilance of Mothers Against Drunk Driving and like organizations.

So what are the current penalties for a California DUI conviction?

The following is a list of what a person can expect if arrested and convicted of a first-time California DUI. It should be noted that penalties and punishment increase beyond what is listed below when a person has suffered prior DUI convictions within 10 years. The following is what can be expected out of a first-time conviction only.

The first thing a person can expect are the fines and fees. The statutory minimum fine that a person must pay following a California DUI is $390. The maximum is $1,000. Absent aggravating circumstances such as a collision, a person can expect $390. However, in addition to the $390, a person can expect to pay “penalties and assessments,” which will bring the overall amount to about $2,000, give or take a few hundred. I can’t tell you exactly what “penalties and assessments” means. In fact, I’ve heard judges say that they don’t know what it means. Suffice it to say, they are akin to court taxes.

When convicted of a California DUI, a person will be placed on summary (informal) probation for a period of three to five years. Again, absent aggravating circumstances, a person should expect the lower term of three years. Informal probation simply means staying out of trouble and doing what the court ordered. This includes not picking up any new cases, DUI or otherwise, not driving without a valid license, and not driving with any measurable amount of alcohol in the system. During the probationary period, a person must also complete the terms associated with that probation. This includes paying all fines and fees, completing a DUI program, and completing any other conditions the court might order.

The last of the penalties that are required by law is the requirement that a person complete a DUI program. For a first-time California DUI, a person is facing a three-month, six-month, or nine-month program. Like the probation and fines, the longer programs are given when the facts surrounding the DUI include aggravating circumstance. Otherwise, a person can expect to complete the three-month program called AB-541.

The aforementioned are what a person can expect by law. There are, however, other penalties which are not mandated by law, but rather discretionary.

If arrested and convicted of a California DUI, a person can be ordered to complete a “Hospital and Morgue Program.” The program is self-explanatory and is, in my opinion, the most unpleasant of the penalties. Participants in this program must first visit the hospital and listen to doctors explain the negative consequences of drinking and driving. Then the person must visit the morgue or coroner’s office and view the bodies of victims of drunk driving. Following the completion of both the hospital component and the morgue component, the participant must write an essay on their experience.

 Another discretionary punishment for a California DUI is a Mothers Against Drunk Driving Victim Impact Panel. This is a one-day lecture hosted by the group where victims of drunk drivers speak on the impact that driving under the influence has had on their lives.

The court may order a person to complete a number of Alcoholics Anonymous (AA) meetings. As many people know, AA meetings are hosted by the non-profit organization for the purpose of “stay[ing] sober and help[ing] other alcohols achieve sobriety.”

Lastly, the court can order a person convicted of a California DUI to install an ignition interlock device (IID). An ignition interlock device is essentially a breathalyzer that is installed into the ignition of a person’s vehicle. The device will not allow a person to start their vehicle unless they provide a breath sample free of alcohol. It should be noted that, by law, the DMV already requires the installation of an IID for five months in four California counties; Alameda, Tulare, Sacramento, and Los Angeles.

Again, this is what is commonly ordered and what can be expected. The courts have great discretion as to what can be given as punishment for a California DUI including the unexpected. Believe me, prosecutors are currently pushing for as much punishment as possible and this is precisely why it is extremely important to hire an experienced California DUI attorney if arrested on suspicion of a California DUI.