Good news. New research from the Morbidity and Mortality Weekly Report shows that fewer teens and young adults are driving under the influence of alcohol or a combination of alcohol and marijuana. The publication is affiliated with the U.S. Centers for Disease Control and Prevention.
From 2002 to 2014, self-reported driving under the influence of alcohol alone dropped by 59 percent among those aged 16 to 20 and by 38 percent among those aged 21 to 25, the study found.
An article from Vancitybuzz.com and MADD Canada discussed recent new technology which could effectively end drunk driving as we know it.
The technology is called Driver Alcohol Detection System for Safety, or DADSS for short, works in two ways: a breath based system or a touch-based system. Watch the video above for a more in-depth look at how the technology works.
The breath-based system detects and analyzes the driver’s breath within seconds of entering the vehicle and determines if their blood-alcohol level is within legal driving limits. The touch-based technology could be installed in the push button ignition and can detect ethanol (alcohol) levels in the driver’s finger.
Apparently, it works like this: if your car starts and it’s later determined that your blood-alcohol is too high for the legal limit, then it will completely disable the vehicle – obviously, an attention grabber for law enforcement.
The technology is slated for implementation in around 14 to 20 years.
My opinion? Completely disabling a vehicle could be more dangerous than necessary.
Please contact my office if you, a friend or family member are charged with DUI or any other crimes. Hiring an effective and competent defense attorney is the first and best step toward justice.
They took this show on the road.
Law enforcement officials in Rhode Island are rolling out a new tool to combat drunk driving over the holidays.
Providence and state police officials unveiled Friday a new Blood Alcohol Testing Mobile Unit, which will allow officers to process drunk drivers on the scene rather than bringing them back to the police station.
The 40 foot long, approximately $350,000 vehicle is equipped with four computer work stations, two breathalyzer stations, a portable fingerprint and booking station and internal surveillance cameras.
Police say having two breathalyzer stations is a luxury not present in most police stations.
The vehicle was purchased using a federal grant awarded to Providence police and is expected to be deployed on weekends, holidays and special events across the state starting this weekend.
My opinion? These “vehicles” are not worth the money. It doesn’t take long for officers to simply transport DUI suspects back to the jail for DUI processing. The amount of times this is used versus the amount of time it would take those cases to go back to the station, I just can’t see justifying the savings. Also, will the breathalyzer (BAC) machines on these mobile units be maintained and tested similar to the BAC machines at jails? Too many questions, too much expense.
Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
The Canadian CBC News reported in a recent article that Washington State Patrol Chief John Batiste admitted that cracking down on marijuana users who drive while stoned is proving tricky for the state.
“We’re still learning, it’s ongoing,” he said.
Canadian courts have found drug impairment tests untrustworthy and a poor indicator of impairment. That’s why out of 50,000 charges laid each year for drunk driving in Canada, fewer than 1,000 are for drug impairments.
The news article reported that Batiste says while Washington state legalized marijuana nearly a year and a half ago, they have recently seen an increase in the number of people getting behind the wheel while high.
“We are addressing that through a variety of ways: through information sharing and teaching our troopers on how to better detect it,” said Batiste.
The key to Washington state’s enforcement is a 2013 DUI law that limits the amount of active THC — the element of pot that makes you high — in a driver’s blood. The state has set a maximum of five nanograms per milliliter of blood, which state officials believe is the equivalent of a blood alcohol level of .08. A similar law is also in place in Colorado, which also legalized marijuana use in 2013. To enforce it officers need to order a blood test, which can be very controversial.
The states have trained officers to look for signs of marijuana use on the road; distracted driving, light body tremors, different sized pupils, impaired motor skills and the smell of marijuana in the vehicle.
However, research has shown measuring impairment based on THC levels is not clear cut. That’s because unlike alcohol, people metabolize THC at different rates, so impairment can vary widely from person to person making it hard to determine if a person is impaired solely based on THC levels.
In addition, these tests have been challenged in courts, where people have claimed to have smoked days before their blood test registered the presence of THC.
One researcher has found most heavy marijuana users would be below the five-nanogram level within hours of last consuming the drug, and virtually all users would be below the mark after 24 hours. But the research also found signs of impairment in heavy, chronic, daily users were still observable after three weeks of abstinence.
Batiste says Washington is also looking for technology like breathalyzers that could detect if someone is high, but so far, there’s no hand-held device that police can use to measure the amount a suspected driver has consumed or determine impairment.
Please contact my office if you, a friend or family member are charged with Drug DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
A new study from the journal Pediatrics suggests ways to reduce the risk that children will drive under the influence of alcohol or drugs as teenagers.
The study found that 12-year-old children who believed marijuana could help them relax or was otherwise beneficial were more likely to drive under the influence when they were 16. The study also showed these minors were also significantly more likely to ride with someone else who was buzzed, drunk or high behind the wheel.
“Youth view marijuana use as less dangerous than drinking,” the study authors wrote. “We must begin to address how changing views of marijuana might increase risk for not only marijuana use, but other behaviors.”
Driving under the influence is common among American teenagers. The Centers for Disease Control and Prevention estimates that 10% of high school students do so in any given month, and more than 20% have been passengers of someone driving under the influence.
So researchers from Rand Corp. in Santa Monica and Arlington, Va., went looking for risk factors in middle school that could predict these dangerous behaviors in high school. They turned to data from a substance use prevention program called CHOICE that was tested in 16 middle schools in greater Los Angeles.
The Rand researchers focused on 1,124 students who completed detailed surveys in 2009 (when their average age was 12.2 years old), 2011 (when their average age was 14.3) and 2013 (when their average age was 16.3 and 88% were eligible to drive in California). The majority of these students (57%) were girls, and half were Latino.
Using statistical models to control for the students’ age, gender, race and ethnicity, school and whether their mothers had graduated from high school, the researchers identified several factors that seemed to predict unsafe driving at age 16.
According to the study, those who held more tolerant ideas about marijuana when they were 12 (in sixth or seventh grade) were 63% more likely than their peers to admit either driving under the influence themselves or to ride with someone who was under the influence
Additionally, 12-year-olds who felt most confident that they could resist marijuana use wound up being 89% more likely to mix alcohol and drugs with cars, motorcycles or other vehicles. This finding surprised the researchers, they wrote.
By the time the students were 14, some of the risk factors had changed. Those who said they had used alcohol in the last month were more than twice as likely as their peers to drive under the influence or ride with an intoxicated driver two years later.
Also, those whose friends used marijuana were 2.4 times more likely to be involved in unsafe driving later, and those whose family members used marijuana were 54% more likely to do the same.
And positive beliefs about marijuana still mattered — 14-year-olds who had them were still 67% more likely to mix alcohol, drugs and motor vehicles at age 16.
The researchers noted that marijuana has taken on a benign image among middle schoolers “as medical and recreational marijuana legalization increases in our country, adolescents are becoming more accepting of marijuana use,” they wrote. “This highlights the need to address these types of beliefs as early as sixth grade.”
My opinion? If these studies are accurate, they merely reveal our need to EDUCATE our youth about drugs, alcohol and vehicles. In short, DRUGS/ALCOHOL AND VEHICLES DON’T MIX. It doesn’t matter what type of drug you’re taking; whether it be prescription, medical marijuana or street drugs. Don’t do drugs and drive. And it doesn’t matter what type of alcohol you’re drinking. Don’t drink and drive. If your doctor informs you that taking your prescription medication may affect your ability to operate a motor vehicle, then please think twice about operating a motor vehicle.
I’ve assisted many clients facing DUI charges of varying degrees. However, studies like this show that society is becoming less tolerant and sympathetic toward individuals charged with DUI. It takes a very competent and experienced defense attorney to reveal the science, forensics and idiosyncrasies of DUI litigation in today’s anti-drug climate.
Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
A news report from time.com discusses how many states have bizarre, outdated and just plain weird laws regarding the sale and consumption of alcohol.
Texas
Texas prides itself on its business-friendly, free-market ethos. But when it comes to alcohol, Texas has some pretty elaborate regulations. Wal-Mart is feuding with Texas over the state’s refusal to let it stock liquor in its aisles. The issue? A 1995 law preventing public companies with more than 35 shareholders from selling hard liquor in the state. Walmart, which argues the law is unconstitutional, sued. Earlier this week, a court date was set for Sept. 2016.
Pennsylvania
For sheer strangeness alone it’s hard to beat Pennsylvania v. 2,447 Bottles of Wine. With its Quaker roots, Pennsylvania has some of the strictest alcohol rules in the nation, allowing sales of wine and liquor only through 600 special-state run stores. When a Chester County attorney was recently charged with importing more than 2,400 bottles of wine and selling some without a license, he struck a deal that let him keep about 1,000 bottles. But state law requires the remainder, more than 1,300 bottles, to be destroyed.
Massachusetts
Pennsylvania has Quakers, Massachusetts has Puritans. If that conjures an image of dour finger waving, you’re not far off the mark. Massachusetts law bans happy hours and drink specials, not to mention drinking games, and severely restricts when supermarkets can sell beer and wine. Some think the Bay State may interpreting its heritage too seriously. The Boston Globe,citing a colonial historian who noted that early settlers opened plenty of taverns, recently argued “Drinking Laws in Massachusetts Aren’t Puritanical — They’re Worse.”
Maine
Like many states, Maine restricts the sale of liquor on Sundays, in this case prohibiting it before 9 a.m. There is an important exception, however. In 2013, sharp-eyed Mainers realized St. Patrick’s Day would fall on a Sunday that year. Not to worry: Gov. Paul LePage signed an emergency law allowing liquor to be served as early as 6 a.m. when the holiday falls on a Sunday. Crisis averted.
A state also known for its traditions, though not necessarily puritanical ones. Louisiana was the last state to raise its drinking age to 21 from 18. It has taken certain additional steps to combat drunk driving, including an open-container law, which discourages drinking in a vehicle, at least in theory. The law acknowledges the state’s ubiquitous drive-by daiquiri stands with a provision that considers a container closed so long as the straw hasn’t been put in the opening on the lid of the cup. One recent transplant describes the apparent logic of this:
As my friend once said, during my inaugural drive through daiquiri run, “We’re not going to drink it while we’re driving, we’re just going to go get it.”
“Then what are we going to do with it?”
“Then we’re going to go stop and drink it,” she said.
Nevada
In Nevada, bars can (and do) stay open 24 hours, and liquor can be sold at supermarkets and convenience stores. Open containers are permitted in Las Vegas and the nearby Strip. Also, state law explicitly states that it is not a crime to be drunk in public because drunkenness is a health problem—and obviously what all those people sipping gin and tonics on the patio of the Bellagio’s pool need most is the Nevada State Legislature’s support and sympathy.
New Jersey
Several states, including Massachusetts, Pennsylvania, and Idaho, set quotas for the number of liquor licenses they issue to bars and restaurants. That can lead to licenses being traded on the secondary market and changing hands for hefty sums. There are reports of sales in Montana for as much as $1 million. But no one does a shakedown like New Jersey. One New Jersey license reportedly sold for as much as $1.6 million.
Idaho
While Idaho’s liquor licenses may not sell as for as much as New Jersey’s, the state’s quota system has drawn attention for a different reason. The quotas, which allow for just one license for every 1,500 people, are designed to be strict: Temperance is written into the state’s constitution, which calls it a “first concern” of good government. But granting exceptions has proved pretty tempting too. The result: a spate of laws that seem to open the door, if only a crack, like this one highlighted by the Institute for Justice.
For example, in order to grant an exception to Clark House, a historic bed and breakfast on Hayden Lake, the Legislature passed an amendment lifting the rural license ban on any hotel that ‘has been in existence for at least 75 years and has been on the historic register for a minimum of 10 years, is situated within 500 yards of a natural lake containing a minimum of 36,000 acre feet of water when full with a minimum of 32 miles of shoreline, and is located in a county with a minimum population of 65,000.’
Utah
If there’s one thing you know about Mormons it may be that they don’t drink alcohol (or coffee for that matter.) So it’s not a huge surprise that Utah’s attitude toward liquor is more like Pennsylvania’s than that of its next door neighbor Nevada. In fact, Utah’s regulations are so strict, the Salt Lake City tourism board has a whole page devoted just to debunking Utah drinking law myths. The “Zion curtain,” in which the bartender mixes drinks out of sight, really exists—although only in restaurants opened after July 2012, not in bars or clubs, we are reassured. You can have more than one drink in front of you at a time, although indeed it is not permitted to order a double. If you order a drink in a restaurant, you also have to order food, at least an appetizer (which can be shared). Sounding not a little defensive, the tourism board concludes: “But let’s be honest: there are lots of weird liquor laws in the world.”
Washingtonians, if you think we’ve got it bad, there is worse.
Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
According to a report released by the Governors Highway Safety Association, the U.S. is facing a dangerous new highway trend: drugged driving. Loosening state marijuana laws and the recent rise in prescription drug abuse may have contributed to a growing number of traffic accidents and fatalities involving drivers found with drugs in their system.
Authorities found evidence of drug use in about 40 percent of tested drivers who died in 2013. This shows an increase of about 12% from 2005. That’s nearly the same level as fatally-injured drivers who tested positive for alcohol.
In similar fashion, USA Today reported that one third of the 2013 traffic casualties involved marijuana use. With pot now legalized for some purpose in 23 states, the report’s authors warned that officials need to create better policies, studies and education programs on the issue of drugged driving.
“Every state must take steps to reduce drug-impaired driving, regardless of the legal status of marijuana,” Jonathan Adkins, the association’s executive director. “This is the first report to provide states and other stakeholders with the information they need. And we encourage the National Highway Traffic Safety Administration to issue guidance on best practices to prevent marijuana-impaired driving. We look to the federal government to take a leadership role in this issue similar to that of drunk driving and seat belt use.”
Though driving while stoned and high is illegal across the country, it’s unclear what impact marijuana actually has on car crashes, if any. The National Institute on Drug Abuse wrote on its website that the drug can hurt judgment, decision-making, reaction time and coordination, but some drivers dispute that. Enforcement is complicated by the fact that traces of marijuana can persist for weeks after use.
The report noted that some drivers said they thought it was safer to get in the car after ingesting marijuana than after drinking alcohol. Joanne Thomka, director of the National Traffic Law Center, told Autoblog it was unfair to equate the two substances without better data. “Marijuana, we don’t know what that level should be,” she said. “We cannot and should not try to compare marijuana and alcohol. They are two distinct drugs.”
Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
A news article from NR Today, an Oregon newspaper, reported the Oregon Department of Transportation is pushing a new smartphone application that hopes to help impaired drivers get home safely. Read more here.
In short, the app, titled SaferRide, is a mobile phone program developed by the NHTSA and allows users to call a taxi or a friend. It shows the app users their location so they can easily be picked up.
New data from NHTSA shows that drunk driving deaths declined by 2.5 percent in 2013. Yet, even with this decrease from the previous year, 10,076 people died in crashes involving a drunk driver in 2013 — one death every 52 minutes. December 2013 was the month with the lowest number of drunk driving fatalities, 733 lives lost.
“This app easily and simply helps someone who is impaired get a ride or summon friends and do what it takes to get home safely,” said Dan Estes, DUII program manager for ODOT, in a release. “This app can accomplish a lot, and people need to know it’s available.”
Impaired driving can come from alcohol, over the counter or prescription drugs, illegal or recreational drugs, or other substances.
Representatives from ODOT, Clackamas County, Washington County, Oregon Impact, the City of Portland, OLCC, TriMet, OHSU ThinkFirst, AAA, Oregon Health Authority and Trauma Nurses Talk Tough came up with the idea while brainstorming ideas to tackle Oregon’s rise in crashes.
The app is available for Android devices on Google Play and Apple devices on the iTunes store.
Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
An Albuquerque, New Mexico court is taking bold and progressive steps in stopping Native Americans from committing DUI.
The newly established Urban Native American Drug Court uses nine months of treatment and supervision instead of incarceration to deter alcoholism. In order to qualify, each defendant must be Native American and have been convicted of more than two DWIs.
“The idea is to try to incorporate some of the traditional beliefs into healing and wellness,” Judge Maria Dominguez said.
Officials said the biggest challenge is a fear of losing their spirituality. David Lente, a Native American substance abuse counselor in Albuquerque, provides the therapeutic component of the program by integrating activities cultural activities, like talking circles and community service projects. The hope is to reconnect Native American defendants with the positive aspects of their culture.
Court officials said drug court, as a whole, is a much more effective tool than jail time. They said only 6 percent of those who participate end up getting arrested again for drunken driving.
My opinion? This program is an excellent progressive step forward. Typically, alcohol abuse is symptomatic of something much worse taking place within the abuser. They may be suffering with physical, mental, emotional and/or spiritual health issues and using alcohol to self-medicate. Kudos to Judge Dominguez in the continued success of this program.
Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
Newly released data from the Washington Traffic Safety Commission (WTSC) shows that marijuana is increasing as a factor in deadly crashes. The number of marijuana-impaired drivers involved in accidents has nearly doubled at a 48% increase from 2013 to 2014.
“We have seen marijuana involvement in fatal crashes remain steady over the years, and then it just spiked in 2014,” said Dr. Staci Hoff, WTSC Data and Research Director.
Also , Julie Furlong of the WTSC said 60% of the drivers involved in fatal or deadly crashes between 2010 and 2014 were tested for drugs. Of those tested, about 20% were positive for pot. These figures match those of previous years, they remained about the same year after year.
New testing and new analytics are now allowing the WTSC to determine specific THC levels at the time the driver is tested following an incident or crash. It’s called “active THC,” or enough to impair the driver’s coordination and judgement. According to the WTSC, less than half of drivers who tested positive for pot in 2010 had active TCH. However, that number increased to 65% in 2013, and skyrocketed to 85% in 2014.
Dr.Staci Hoff, Data and Research Director for the Commission, says that simply means 85% of the drivers involved in deadly-fatal collisions in 2014 who had pot in their system were actually high at the time of the accident.
Young men between the ages of 21-25 have seen the greatest jump, with over a 66% increase.
Some argue these facts show that since the legalization of marijuana in Washington state, we now face a potential epidemic of impaired drivers who are high behind the wheel. As a consequence, the National Drive Sober or Get Pulled Over campaign is gaining momentum. From now through Labor Day, extra law enforcement officers are patrolling areas and locations where DUI is a problem.
Over 100 law enforcement agencies including all districts of the Washington State Patrol will be teaming up and participating in the extra patrols all across the state. These extra patrols are all part of Target Zero—striving to end traffic deaths and serious injuries in Washington by 2030.
My opinion?
First, only 60% of fatal car crash victims were tested for drugs. Without understanding how this 60% was arrived at, we run the risk of a data selection bias.
Second, if 20% of the group tested positive for marijuana then this only reflects the actual percentage of cannabis users in the state; which, by itself, is not a very convincing argument of anything.
Third, we need more data. You can’t jump to conclusions based on data that’s too new. It needs more time to be compared against other factors. We don’t hear anything else about possible confounding factors to this data, which also raises serious suspicions. However even this admission whittles marijuana as the sole culprit down to maximum of 10% of all fatal crashes.
Fourth, the data comes on the heels of new DUI emphasis patrols. Sounds like a media spin to me.
Finally, what we really need to know is how many fatal accidents occurred solely for users of marijuana over the limit. This number would be the best indication of a causal relationship if confounding factors were accounted for and the sample size was unbiased.
Please contact my office if you, a friend or family member are charged with Drug DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
Attorney at Law
Criminal Defense Lawyer
119 North Commercial St.
Suite #1420
Bellingham, WA 98225
117 North 1st Street
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Mount Vernon, WA 98273
Phone: (360) 746-2642
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