Every day in America, an estimated 27 people are killed in a drunk driving crash – one person loses his/her life every 51 minutes or becomes seriously injured every 90 seconds.
In 2012, over 10,000 people were killed in alcohol-related accidents, with an estimated 32 percent of all fatal car crashes involving a drunk driver or pedestrian. Hundreds of thousands of people are injured by drivers who simply cannot grasp that alcohol and driving don’t go together. Two-thirds of those who are sentenced to prison for DUI are repeat offenders, driving an average of 80 times under the influence of alcohol before their first arrest. Of those who get off with just their license revoked, between 50 to 75 percent continue to drink and drive illegally.
What’s even worse, traffic accidents are the leading cause of death for teens, and nearly one-quarter of these accidents involve an underage drinking driver. Exposure to alcohol from an early age makes teens seven times more likely to be involved in an alcohol-related accident in the course of their lives. And each time an underage drinking driver gets behind the wheel, they expose countless others to great risk.
The Legal Deterrents: Laws Effective in Curbing Drunk Driving
Despite society’s lower tolerance for driving and drinking, the drunk driving problem continues. MADD estimates the impact of drunk driving not only on the victim, his family and friends but all of us at $132 billion per year. In addition to law enforcement, reducing or eliminating the problem will require a combination of responses. According to the Center for Problem-Oriented Policing, the various ways the problem can be addressed include:
Reducing the legal limit of per se The level of per se intoxication imposed by most states is .08 and lower for drivers of commercial vehicles.
Further reducing the legal limit of per se violations for repeat offenders. In an extensive study conducted by the National Highway Traffic Safety Administration (NHTSA) with data from 12 states, it was shown that a driver with a previous DUI conviction is 4.1 times more likely to be involved in a fatal car accident. There was also evidence that the chances increased exponentially with every additional DUI arrest.
Further reducing the legal limit of per se violations for underage drivers. Some states have zero-tolerance laws that prohibit underage drivers from consuming alcohol while others have more permissive laws which have set the legal limit at 0.02%. It is not uncommon for states to impose adult sentences on underage drivers; for example, an underage driver caught drunk behind the wheel will have his license suspended for up to one year.
Imposing mandatory blood alcohol testing in the eventuality of arrest. Several states have “implied consent” laws requiring those arrested for DUI to take a blood breath test. If the arrest was carried out in a lawful manner by a police officer who had probable cause to believe the driver was operating the vehicle under the influence, the suspect is obligated to submit to a chemical test of blood, breath, or urine for the purpose of establishing the blood alcohol content (BAC).
Prohibiting open alcohol containers in a moving vehicle as a means of restricting availability of alcohol to drivers.
Raising the minimum legal drinking age by all U.S. states to 21 years of age has been shown to help reduce the number of underage drivers involved in alcohol-related accidents.
The Financial Deterrents: Can You Afford to Pay $10,000 for a DUI Conviction?
Two drivers belonging to the same age group and with similar driving experience will be charged pretty much the same insurance rates – until one of them commits a traffic violation, which could send insurance premiums to the roof. Depending on one’s record and the severity of the accident/traffic violation, a driver’s insurance rates can be increased by 18 to a whopping 93 percent.
The analysis, conducted by InsuranceQuotes.com and reported by Forbes.com, illustrates how various traffic infractions affect your insurance. For example, driving in a carpool lane or failing to yield to pedestrians leads to a relative low increase in your rate of 18 percent and 19 percent, respectively. Careless driving would bring about an increase in insurance premiums of 27 percent, while speeding 1 mph to 30+ mph over the legal limit would increase premiums by 21 to 30 percent. Wondering what infraction could increase your insurance rates by a staggering 93 percent? Yes, you guessed right: driving under the influence leads to rates that likely skyrocket beyond affordability (if not, to an out and out cancellation of your policy).
Beyond the impact on insurance, there are still more heavy financial burdens in store for DUI offenders. Indeed, a DUI conviction can be a financial wrecking ball that can end up costing up to $10,000 by the time you get out of jail – even if your reckless driving hasn’t hurt anyone. A comprehensive report by money.msn.com reveals the financial damages a driving-under-the-influence conviction has for the first-time offender:
Bail – $150-$2,500 is what the offender must shell out to be released from prison. The price increases in case the offender resorts to the services of a bonding company.
Towing – $100-$1,200. Some cities will retrieve towed cars for only $100, but others, such as Chicago, will charge DUI offenders $1,200 for the first 24 hours and an additional $50 for every day of storage.
Legal costs – starting from $250. Some attorneys will settle for such a low fee only to enter a guilty plea. If you want to fight the charge, you will have to fork over anything between $2,500 and $25,000 (considering DUI is a criminal charge). Attorney fees vary dramatically depending on the specifics of each case and record of previous DUI convictions.
Fines. According to the report, court fees for committing a traffic violation vary depending on the state: Colorado defendants face $600 fines while Illinois defendants are looking at 1,200 in fines.
Alcohol evaluation, education, and treatment. Anyone who is sentenced for drunk driving is required to pay a certain fine for alcohol evaluation (around $100 in Florida) and undergo an education or treatment program; costs vary depending on the facility and amenities provided.
License reinstatement fees – typically start at $150. In Florida, if you want to have your license reinstated after your first DUI offense, you must also present proof of enrollment and completion of DUI school and treatment.
Additional fees can include jail filing fee, Victim Compensation Fund payment, Victim Impact Panel payment, Brain Injury surcharge, and many others.
The Social Deterrents: Becoming Aware of the Many Ills of Drunk Driving
Drunk driving is not an accident, nor is it a crime without victims. Despite tougher laws, effective PSAs, and powerful social campaigns, we continue to see far too many people injured, –sometimes severely, or even worse, losing their lives– in alcohol-related car crashes. And too often, victims are not able to get back to their previous standard of living…that is, the emotional, social, and psychological toll of drunk driving takes is not at all negligible.
So what can you do to help? First off, the obvious: “Don’t drink and drive!” Remember this yourself and also for others by keeping friends from driving drunk. You can also help law enforcement efforts by reporting any drunk drivers you come across – one fewer on the road, may mean the difference for others.
About the Author
Attorney Jeffrey A. Luhrsen credits his military career with the work ethic, integrity, and tenacity that drives his career as a personal injury attorney. Having garnered numerous academic awards and scholarships during college, Mr. Luhrsen has continued to amass accolades throughout his career, including a Martindale-Hubbell AV® Preeminent™ Peer Review Rating, the highest rating an attorney can achieve in legal ability and ethical standards. He has been in private practice since 1998 with a focus on tort claims and insurance disputes. Luhrsen Law Group, based in Sarasota, Florida, is proud to be a family-owned firm that helps Florida families recover after serious injuries.
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