Drunk Driving kills over 17,000 innocent people each year, according to the Congressional Record. Thats one death every 24 minutes and that isnt even taking into account the number of people who were only injured.
Now I know you are all aware that there are laws against drunk driving. However, I am sure that like myself, before I researched them, you are probably are a little bit fuzzy on the exact laws. So I am going to briefly explain the California drunk driving laws which I obtained from the California Department of Motor Vehicles.
First of all, it is a crime to operate a vehicle with a blood alcohol level of .08 percent or higher. For instance, if you weigh 145 pounds, 3 drinks will put your BAC over the legal limit. It is also illegal to drink any alcoholic beverage or have any open container of alcohol in a motor vehicle on a public roadway. Anyone arrested for driving under the influence of alcohol must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete of refusal to take the test will result in suspension of your license for one year. On a first conviction you will be fined from $390 to $1000 and will serve anywhere from 96 hours to six months in jail and a six month license suspension. A second offense results in the same fines as the first, but the term of imprisonment will be at least 90 days to one year and license revocation of 18 months or license restriction for work only as long as they complete an alcohol program. A third offense results in 120 days to 1 year in jail, fines, an alcohol program if not already completed and up to a 3-year license revocation. Fourth and subsequent offenses result in the fines, 16 months to 3 years in prison and a four year license suspension.
The drunk driving laws are a little bit different for people under 21, which most of you probably are. Anyone under 21 who is arrested for any alcohol offense will lose their license for at least a year. If they dont have it yet, they must wait an additional year before one will be issued. If anyone under 18 is convicted of driving with a BAC of .05 of higher, they will be sentenced and fined as an adult but will spend their sentence in a juvenile correctional facility. They will also have to enroll in an alcohol education program or community service. The court may order all fines be paid by the minors parents.
Despite these laws, drunk driving continues to be one of the most serious problems facing society today. Today, I would like to explain to you the extent of this problem and encourage you to support a solution of tougher and more enforced laws against drunk driving.
Drunk driving is a serious problem which affects the lives of almost everyone. According to my class survey, 56 percent of this class has been or knows someone personally who has been affected, injured or even killed in a drunk driving related incident. If you are one of the few who havent, the odds are unfortunately highly against you that you will go through life without ever being affected by a drunk driver. Unfortunately, the most serious consequences of drunk driving, all too often, rests with the innocent. Take for instance, Judith Mardorfs story, which I read in Readers Digest:
"Without warning, the oncoming vehicle crossed the center line and hit us head-on. When I came to, I tried to wake my husband Bob. He didnt respond. I checked his pulse; he was dead. Tearfully I held his body in my arms for the last time before I lost consciousness. I never saw him again. The driver who caused the death of my husband had previously been found guilty of reckless driving. An additional DWI charge had been dismissed. The judge on that occasion restricted his drivers license, handed down a 90-day suspended jail sentence, imposed a $250 fine and ordered him to complete an alcohol awareness course. As further conditions of the suspended sentence, he was not to violate the law over the next 12 months and not to drive without a valid license and insurance. Yet 56 days later, that very man, Michael S. Horton, driving with a blood alcohol level of .17 percent, killed my husband and almost killed me. Had he served his 90 days in jail, Bob would still be alive".
The driver who killed Judith's husband was sentenced to 34 months in prison and his license was revoked for two years, although he can get it back once he gets out of prison. Imagine that, less than 3 years for killing someone. Incidents like the one just described are all too common. Much too frequently, the punishments for drunk drivers are reduced to a minimum, even for repeat offenders. And an accused can remain free for a year or more awaiting trial. The laws arent working. In fact, according to the Ann Arbor News, a University of Michigan study determined that 30 to 70 percent of motorists who lose their licenses for driving drunk are back on the streets before they get them back. And 10 percent of them have a crash of traffic arrest before their license is returned.
Now that weve discussed some of the problems due to drunk driving, lets look at what can be done to help solve them. The problems due to drunk driving could be greatly reduced by tougher laws and stricter, more consistent enforcement of the laws. Longer minimum jail sentences should be imposed to help deter drunk driving. You may be thinking, that our jails are so crowded the way they are, how can we fit more criminals? Well, they should just be squeezed in even if it means having a few more inmates per cell. Afterall, the more severe the punishment, the better the deterrent. Larger fines based upon a percentage of the persons salary should be imposed. This would ensure a criminal with more money would be receiving an equally harsh punishment and not just handing out pocket change. The legal limit should be lowered for underage drinkers since alcohol related traffic accidents is the leading cause of death among 16-24 year olds according to the California Highway Patrol. After the second offense, drunk drivers should have their license revoked for life. This may seem like too harsh a punishment, however, a drivers license is a privilege not a legal right. And failure to prove responsibility after a second chance should result in the permanent removal of the privilege when lives are in danger. Also according to Governing magazine, studies have shown that people fear having their licenses taken away more than having to pay fines or go to court. All drivers stopped for traffic violations should be breathalized to help detect drunk drivers. All drunk driving laws should be fully enforced in every single case and no reductions in fines, jail terms, or other punishment should be allowed. This will enforce the seriousness of the laws which will aid in the determent of drunk driving.
Now that we have looked at some possible solutions to the problem of drunk driving, I will briefly tell you how some of these solutions have been shown to work. Similar laws in other states and countries have shown effectiveness in reducing the number of drunk drivers. For example, in Maryland, the legal limit for minors was reduced to .02 which showed a 21% reduction in alcohol related traffic accidents involving youth according to the Congressional Record. Experience in Great Britain shows that requiring police to test the BAC of all traffic violators resulted in a doubling of the number of detections and the permitting of breath analysis of any driver arrested in Maryland reduced the number of deaths by 100 according to the Insurance Information Institute. Also according to the Insurance Information Institute, in Australia, continuos enforcement of the laws resulted in improved driver behavior and when the enforcement was lessened, they went back to their old ways.
In conclusion, I would just like to say that there is a serious drunk driving problem in todays society. There are several things which should be implemented to help reduce drunk driving such as tougher laws and stricter enforcement of the laws. I am urging you to take immediate action towards enacting these solutions by signing this petition calling for tougher drunk driving laws which will be sent directly to Dianne Feinstein, our state Senator.