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Over the years, several reports have been published on the number of deaths caused due to drunk driving. The drunk driving facts point to the bitter truth that a large number of people involved in road accidents drive under the influence of alcohol. The problem is very serious as a lot of individuals involved in these accidents are teenagers, with the highest crash rate being that of eighteen-year olds. There are several causes of drunk driving, let us try to get some insight into these.

Causes of Drunk Driving

One of the most common reasons that people give when asked about drunk driving is that they feel that they can ‘handle’ the situation. This is caused because of the fact that alcohol impairs the brain, resulting in poor reasoning and judgment. People feel that driving a few blocks would not be too much of a task, and as they have been in such a situation before and done that several times, they would be able to manage the situation. People also feel that telling their friends to drop them home because they are too drunk to drive is a sign of weakness and vulnerability. They would rather risk their own life and that of several others, but will not take help. This is one of the major causes people end up driving under the influence of alcohol.

A lot of people who indulge in drunk driving are aware about the risks involved, but they are often left with no other option than to drive by themselves. There are usually other options available, like hailing a cab or calling someone from home to pick you up, but alcohol impacts our sense of judgment, and precariously, we end up driving ourselves.

Reports have pointed out that a large percentage of people involved in drunk driving related crashes is that of individuals aged between 18-25. Teenagers are often under a lot of pressure to indulge in these activities, so that they can gain acceptance in a group. Teenagers often drink as if they have to prove a point to their friends that they have the capability to ingest large quantities of alcohol. Competing against one another on how much one can drink also contributes to drunk driving, as the impairment level varies from person to person.

There are many people who look at drunk driving as an adventurous activity, which only the ‘brave’ can indulge in. They look at it as a means to ‘break-free’ and ride their luck. It is not as if they are not aware about the repercussions that their choice can have, but the urge is too hard for them to resist. This is one of the most serious challenges in the fight against drunk driving.

There has been a lot of work that has been done in curbing the menace of drunk driving, most notable among them being the lowering the blood alcohol limit. In many states, offenders are now made to face the victim’s family members. This move is aimed at getting the offender to get a first-hand experience of what grief and loss he has caused to others. States have also got tough with establishments serving alcohol to minors or to those who already have had ‘enough’. The SafeRides program has also helped in taking an objective stance on the issue, where volunteers offer their services to intoxicated teenagers, by dropping them home. The Students Against Drunk Driving (SADD) has also initiated several steps to prevent youngsters from indulging in drunk driving.

Drunk driving is not an issue that concerns a certain section of society, as we all are prone to being impacted by it. So, if you know someone who has a habit of indulging in drunk driving, please spread the word, because you never know when it is too late. We hope that this article would have helped with some awareness on the causes of drunk driving.

Visit >>>http://duilawdrivinglawyer.blogspot.com/

Tag: most common causes of drunk driving, dead drunk, drink and driving, how to avoid drunk driving

Source: Buzzle.com By Rahul Pandita

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

Most Common Causes of Drunk Driving

Over the years, several reports have been published on the number of deaths caused due to drunk driving. The drunk driving facts point to the bitter truth that a large number of people involved in road accidents drive under the influence of alcohol. The problem is very serious as a lot of individuals involved in these accidents are teenagers, with the highest crash rate being that of eighteen-year olds. There are several causes of drunk driving, let us try to get some insight into these.

Causes of Drunk Driving

One of the most common reasons that people give when asked about drunk driving is that they feel that they can ‘handle’ the situation. This is caused because of the fact that alcohol impairs the brain, resulting in poor reasoning and judgment. People feel that driving a few blocks would not be too much of a task, and as they have been in such a situation before and done that several times, they would be able to manage the situation. People also feel that telling their friends to drop them home because they are too drunk to drive is a sign of weakness and vulnerability. They would rather risk their own life and that of several others, but will not take help. This is one of the major causes people end up driving under the influence of alcohol.

A lot of people who indulge in drunk driving are aware about the risks involved, but they are often left with no other option than to drive by themselves. There are usually other options available, like hailing a cab or calling someone from home to pick you up, but alcohol impacts our sense of judgment, and precariously, we end up driving ourselves.

Reports have pointed out that a large percentage of people involved in drunk driving related crashes is that of individuals aged between 18-25. Teenagers are often under a lot of pressure to indulge in these activities, so that they can gain acceptance in a group. Teenagers often drink as if they have to prove a point to their friends that they have the capability to ingest large quantities of alcohol. Competing against one another on how much one can drink also contributes to drunk driving, as the impairment level varies from person to person.

There are many people who look at drunk driving as an adventurous activity, which only the ‘brave’ can indulge in. They look at it as a means to ‘break-free’ and ride their luck. It is not as if they are not aware about the repercussions that their choice can have, but the urge is too hard for them to resist. This is one of the most serious challenges in the fight against drunk driving.

There has been a lot of work that has been done in curbing the menace of drunk driving, most notable among them being the lowering the blood alcohol limit. In many states, offenders are now made to face the victim’s family members. This move is aimed at getting the offender to get a first-hand experience of what grief and loss he has caused to others. States have also got tough with establishments serving alcohol to minors or to those who already have had ‘enough’. The SafeRides program has also helped in taking an objective stance on the issue, where volunteers offer their services to intoxicated teenagers, by dropping them home. The Students Against Drunk Driving (SADD) has also initiated several steps to prevent youngsters from indulging in drunk driving.

Drunk driving is not an issue that concerns a certain section of society, as we all are prone to being impacted by it. So, if you know someone who has a habit of indulging in drunk driving, please spread the word, because you never know when it is too late. We hope that this article would have helped with some awareness on the causes of drunk driving.
By Rahul Pandita

Visit to – http://duilawdrivinglawyer.blogspot.com/

Source – buzzle.com/articles/causes-of-drunk-driving.html

Tags -effects of drunk driving
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Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations…

Except in DUI investigations.

What is the single most important piece of evidence in most drunk driving cases? The Breathalyzer test, of course  In fact, it’s the only evidence offered to prove the crime of driving with over .08% blood alcohol. And it’s pretty important to the related charge of "driving under the influence", too: the law presumes the defendant is under the influence if the test result is .08% or higher.

Evidence just doesn’t get more important than that.

So, of course, the police are careful to preserve the breath sample, right? I mean, there may be some question later of whether the machine was working correctly; it would be a simple matter to save the breath sample so it could be tested again on another machine. And, hard to believe, but the defense may not want to just take the officer’s word that the test results were from the defendant’s actual test.

Unfortunately, the breath sample is routinely destroyed moments after it is tested.

But how can this be? That’s a question that was asked a few years ago by a defendant in California appealing his DUI conviction. The Court of Appeals of that state agreed and reversed the conviction:

Due process simply demands that where evidence is collected by the state, as it is with the Intoxilyzer, or any other breath testing device, law enforcement agencies must establish and follow rigorous and sytematic procedures to preserve the captured evidence or its equivalent for the use of the defendant. People v. Trombetta, 142 CalApp.3d 138 (1983).

How hard is it to save the defendant’s breath sample for later retesting? The Court noted that a "field crimper-indium encapsulation kit" was readily available, cheap and approved by the California Department of Health Services. So why isn’t the evidence saved in DUI cases today?

The Trombetta case was eventually appealed by the state to the United States Supreme Court….where it was reversed:

"Whatever duty the Constitution imposes on the States to preserve evidence, that duty must be limited to evidence that might be expected to play a significant role in the suspect’s defense. To meet this standard of constitutional materiality, evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and also be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonable means. Neither of these conditions is met on the facts of this case." California v. Trombetta, 467 U.S. 479 (1984).

What? Neither of these two conditions is met in a DUI case? Let’s take another look at the Supreme Court’s test:

1. The possible value of the defendant’s breath sample in helping prove innocence was not apparent before it was destroyed…..

What? The machine never makes mistakes? It was not apparent to the police that a re-analysis of the all-important breath sample might be of any value to the suspect?  And if not, how is any defendant supposed to prove that value?

2. The defendant was able to "obtain comparable evidence by other means"…..

How? He has no access to another breath test. At best, he might be able to get a blood test at a hospital, if the police let him — but it would probably be so much later that it would not be relevant or even admissible in court.  And the cops are unlikely to accommodate him: why would they want evdience that might contradict their own evidence?  And besides, it takes too much time and effort to go to a hospital.

Another example of  The DUI exception to the Constitution.

It’s interesting that the New Hampshire Supreme Court later rejected the Supreme Court’s reasoning, and relied upon its own state constitution in requiring breath samples to be saved:

A suspect would face numerous practical difficulties in obtaining a second sample on his or her own. While in police custody, the suspect would have to locate an available, licensed technician capable of promptly performing a second test, no matter what time of day or night. Even if a defendant successfully obtained an independent second test, the results would not have the same evidentiary force as would a second test performed on the same machine at approximately the same time.  Opinion of the Justices, 557 A.2d 1355 (1989).

The Trombetta decison was, as intended, a huge green flag to police agencies across the country: Go ahead and destroy the main evidence — but only in DUI cases. And law enforcement agencies have happily complied ever since.
 

DUI BLOG

The majority of U.S. emergency-room (ER) visits for underage drinking involve males, according to a new report from the Substance Abuse and Mental Health Services Administration (SAMHSA).

HealthDay reported Aug. 11 that researchers in SAMHSA’s public health surveillance system analyzed 2008 data and found that one-third of drug-related ER visits among patients aged 12-20 involved alcohol. Of these, males accounted for 53 percent of patients aged 12-17 and 62 percent of patients aged 18-20.

“Alcohol consumption, especially by young males, is often seen as an exciting rite of passage into adulthood,” said SAMHSA Administrator Pamela S. Hyde. “This has led to a public health crisis with adolescents suffering serious injuries that oftentimes lead to tragic consequences.”

Results also showed that 70 percent of ER visits for underage drinking involved alcohol alone, while 30 percent involved alcohol in combination with other drugs, such as marijuana, anti-anxiety drugs, narcotics, and cocaine.

Only 19 percent of patients presenting for alcohol alone received follow-up care compared with 36 percent of patients presenting for both alcohol and drugs. “Every such emergency department visit provides an opportunity to conduct brief interventions that can reduce future alcohol and drug abuse and save young men’s lives,” said Hyde.

The full report, Emergency Department Visits Involving Underage Alcohol Use: 2008, is available on the SAMHSA Web site.

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Mothers Against Drunk Driving (Orange County)