What if Drunk Driving is a Social Phenomenon?

Most of the available literature on drunk driving, both on and off the internet, is full of articles that are heavy on data. Do a quick Google search and you’ll see what I mean. Many articles that one can find are heavy on statistics and perceived correlations, but light on the actual useful knowledge that can help combat drunk driving. While this humble writer applauds those who spend those countless hours working on collecting quantifiable metrics and increasingly large pools of numeric facts in an effort to increase the amount of knowledge we have on drunk driving (and these statistics are certainly valuable and necessary tools for us to save lives, just check out sr22insurance.net), maybe, just maybe, an important part of the answer to the problem drunk driving poses to society can be found in sociological, not mathematical, modes of thinking.

Speaking of statistics, here’s one for you: Approximately one-third of all fatal accidents involve a drunk driver. If we assume that accidents that involve a drunk driver are CAUSED by the fact that they were drunk (an important distinction, but an assumption I feel is safe to make), then that’s an astonishingly large percentage of accidents and fatalities that are, when it comes down to it, preventable. (Or, at least, more preventable than the other two-thirds of automobile accidents, which are “caused” by who knows how many other variables.) And, what’s more, authorities know it: I think I can speak both for you and me when I say that they’re more than enough “Stop Drinking and Driving” ads, billboards, and commercials out there. Then why aren’t see seeing drastic decreases in drunk driving? Depending on who you ask, there’s some sort of change in the frequency of drunk driving; many claim it’s increasing, while others point out that increased efforts by organizations such as M.A.D.D. (Mothers Against Drunk Driving) are making a difference where it counts, by decreasing the frequency of underage drunk driving. Whatever the case, my point is that we’re not seeing any DRASTIC change in the frequency. Why? There are many possible reasons, the most obvious of which is that patience, in this endeavor as in any other, is a virtue, and bringing about behavioral changes in any given population is a slow and gradual process. Is that the answer, then? Allow me to play devil’s advocate:

While the above point regarding patience and gradual change is a good one, there may be a way to speed up the process. Instead of firing facts indiscriminately at the population whose behavior you’re trying to change, why not target those that matter? Namely, those socialites who always seem to know everyone, who’re always the life of the party, who always seem to, somehow, profoundly influence the behavior of those around them. If we consider social connections as strands of silk in a spider’s web, then these people are the points where hundreds of strands intersect, many times more than the average. If persuading these types of people that drunk driving is unequivocally “uncool” or “stupid” (which it is!) means that they, in turn, make their opinion known to the countless others they know, then you’ve got a social epidemic on your hands: a social epidemic of responsible behavior that would cancel out the idea that drinking and driving is socially acceptable, no matter what social circles that idea hides.

Of course, I don’t mean to oversimplify the phenomenon of drinking and driving, nor dare I be so impertinent to claim: “It’s so much easier than everyone thinks!” Rather, my aim here is merely to present this idea to many of those who, perhaps, are unfamiliar with this paradigm of thought: that drunk driving, and its solutions, are essentially sociological in nature, grounded not in numbers and statistics, but rather in the ideas of how group consensus and the opinions of those that surround us color each and every one of our behaviors. While numbers and facts are bound to help persuade that rational part of us, even more important is that, after the usual social gathering at the bar on Friday night, group consensus is that it’s better to err on the side of caution and take the cab home.

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Why SR22 Insurance is Required

Depending on the state, anyone who has multiple traffic violations or accidents may be required to carry SR22 insurance to maintain their driving privileges. Currently, the majority of states in the U.S. require SR22 coverage for drivers with multiple violations on their records. As auto insurance regulations can vary from state to state, certain states may enforce a variation of the SR22 requirement while some states may have no requirements in place at all.

SR22 Insurance Coverage

Also known as a Financial Responsibility Insurance Certificate, SR22 coverage is a specialized form of liability insurance. As a state-mandated requirement, having an SR22 on file lets the state know a person has met the state’s minimum insurance coverage requirements.

Rather than being a policy unto itself, SR22 coverage exists as a rider provision on a standard policy. Individuals required to carry this form of coverage include –
• Anyone with one or more DUIs on their record
• Multiple ticket violations
• Anyone caught driving without insurance coverage
• Being uninsured at the time of an accident
• Being unable to verify insurance coverage for a random state verification request

State laws may require drivers to have an SR22 coverage form on file in order to get their license reinstated or to prevent their license from being suspended. Since SR22 insurance is state-mandated, insurance providers must be authorized by the state to offer SR22 coverage. Someone needing this form of coverage can contact his or her insurance provider or check with the state website for authorized insurers.

High-Risk Drivers

Someone required to carry SR22 coverage is inevitably classified as a high-risk driver in the eyes of the law as well as in the eyes of insurance companies. This classification automatically leads to higher insurance premium rates overall. It’s not uncommon for high-risk drivers to pay as much as two to four times more in premium costs than non-high risk drivers.

While multiple traffic violations and/or accidents can definitely place a driver in the high-risk category, DUIs or DWIs are by far the most serious of offenses. In many states, just one DUI is enough to warrant high-risk status with some states also mandating the SR22 requirement as well.

Technically speaking, SR22 coverage is not an actual insurance policy, but rather a guarantee (from the insurance company) that drivers will keep their insurance coverage in effect for a specified period of time. According to the Texas Department of Public Safety, in the event a driver’s insurance coverage lapses is terminated or gets canceled, the insurance company must notify the state’s department of motor vehicles. When this happens the insurance company files what’s known as an SR26 form with the state.

Minimum Liability Coverage Amounts

As each state sets its own auto insurance regulations, minimum coverage requirements for an SR22 filing can vary from state to state. For example, minimum coverage requirements in the state of Texas are as follows –
• $25,000 for property damage
• $30,000 for bodily injury to one person in an accident
• $60,000 for bodily injury to two or more persons in an accident
Other states may have higher or lower minimum coverage requirements in place. Other states may also require additional coverage types, such as uninsured motorist coverage as part of their minimum requirements.

The cost to have an SR22 form filed with the state can run anywhere from $25 to $50 depending on the insurance company’s filing fee. As there are different degrees of “high risk,” the length of time a driver must maintain this coverage depends on his or her driving record. Typically, the duration falls somewhere between one and three years. So someone with one or more DUI’s would most likely have to maintain SR22 coverage for a longer time than someone with multiple traffic tickets.

Exceptions

As of 2011, a total of six states do not require high-risk drivers to carry SR22 coverage on their insurance policies. These states include –
• Pennsylvania
• Delaware
• Minnesota
• Kentucky
• Oklahoma
• New Mexico

With the exception of New York and North Carolina, all states will still require SR22 coverage in cases where a driver is required to maintain it for another state.

In terms of variations on the SR22 requirement, Virginia and Florida enforce what’s known as an FR44 financial responsibility filing. These states require drivers to file FR44 certificates through their insurance companies, much like the SR22 mandate; only these states enforce higher minimum coverage requirements for FR44 filers.

According to the State Department of Highway Safety & Motor Vehicles, FR44 minimum coverage amounts are as follows –
• $100,000 for bodily injury per person
• $300,000 for bodily injury per accident
• $50,000 for property damage

Considering the minimum coverage requirements for non-FR44 files are $10,000 for bodily injury and $20,000 per accident, these rates are considerably higher than the minimum requirements for non-FR44 filers. Likewise, Virginia state laws also enforce higher minimum requirements for FR44 filers.

References –
http://www.dps.texas.gov/DriverLicense/sr22InsuranceCertificate.htm
http://www.flhsmv.gov/FRManualFTP/FR44.pdf

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The Dangers of Drinking and Driving

For much of human history since the invention of the automobile, the effects of driving while inebriated have been problematic. How big is the problem of alcohol-related accidents? Each day, roughly 30 people die on American roads as a result of someone driving while under the influence of alcohol. The number of lives claimed in drunk driving accidents every year in the US is approximately the same as the number of Americans who were killed in the Vietnam war.

What Are The Effects of Alcohol on the Brain?

In high doses, alcohol makes it difficult to think quickly and reduces an individual’s ability to concentrate. Both of these things together make it very difficult for a driver to react to sudden and fast-moving events on the road. If a car in front of them brakes, the intoxicated driver may be aware of the need to stop but simply be unable to use the motor skills necessary to do so. Furthermore, the effects of alcohol can be present as long as 12 hours after an individual has consumed it. All of this makes it very dangerous for intoxicated people to be behind the wheel of a vehicle. The upper limit for blood alcohol content (BAC) is .08; after this point, an individual is considered drunk in the eyes of the law. This is the point at which all of the abilities that go into the safe operation of an automobile start becoming impaired. Most drunk driving accidents involve drivers with a BAC of more than .10 percent.

It is important to note how different concentrations of alcohol in the blood affect drivers.

• .02 BAC
The effects of alcohol at this concentration are relaxation and a reduction in the driver’s ability to see properly as well as to judge accurately. The ability to multitask is similarly inhibited.

• .05 BAC
Significant impairment of reflexes and eye movements. The ability to think clearly is reduced as is the individual’s coordination. They will find it difficult to steer as well as to respond quickly to any changes in conditions.

• .08 BAC
Loss of judgment, and the ability to concentrate along with significantly diminished short-term memory. Balance, hearing and the ability to exercise impulse control are also all considerably reduced.

Is Alcohol is Dangerous even in Trace Amounts?

Research by sociologists at the University of California have found that even a .01 percent BAC is sufficient to increase the likelihood of a fatal accident. The findings included the fact that the severity of a crash was multiplied even when the driver’s BAC was far below the legal limit. The research showed that drivers with even a small amount of alcohol in their systems were:

• More likely to speed
• Less likely to properly use their seatbelt
• More likely to collide with another vehicle.

All of these things increase a driver’s likelihood of being involved in an accident as well as the likelihood that serious injuries will arise from that accident.

More Facts About Drunk Driving in the US.

According to the Centers for Disease Control:

• 10,228 people died in crashes caused by drunk drivers in 2010.
• 17 percent of the accidents in which children younger than 14 died were caused by alcohol- intoxicated drivers.
• 1,400,000 drivers were arrested on the nation’s roads in 2010 for driving while intoxicated by alcohol or narcotics.

When it comes to legal blood alcohol concentrations around the world, the US limit of .08 is relatively liberal. Many other countries set the ceiling much lower with some having placed it as low as .02. The fact is that alcohol in the blood poses a risk to everyone on the road, no matter how little the driver has had to drink. Even half of a beer could cause problems for some drivers.

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7 Things a DUI Attorney Can Do for You

If you have been arrested for driving while impaired, you may be understandably scared at the prospects ahead of you and wonder how you will handle the charges you face. You might be weighing the pros and cons of hiring a DUI attorney but hesitate because of the expense. However, before you decide to fight your drunk driving charge alone, here are seven things you might want to consider as you make your decision.

1. Takes Your DUI Case Seriously

According to the U.S. Centers for Disease Control and Prevention, there were about 112 incidents of drinking and driving in 2010. While increased legislation has reduced the number of drinking and driving arrests over the past five years by about 30 percent, the problem remains a serious issue for law enforcement personnel.¹ In practical terms, the courts take DUI offenses seriously, and you need someone on your side who takes your freedom just as seriously.

2. Believes Your Case Can Be Won

Some attorneys automatically enter guilty pleas on behalf of their clients. However, despite evidence against you because of a breath test, field sobriety test or police report, our firm believes we can win your case. We understand the inherent issues that sometimes come up with these tests and know how to fight against them. We can defend your rights with confidence.

3. Fights the Results of the Breath Test and Field Sobriety Tests

When law enforcement personnel administer a breath test, they must follow a strict set of procedures very closely. Failure to do so means the results may be flawed. We can attack the validity of these tests based on a number of reasons, such as an officer’s observation of you prior to giving the test and current certification of both the equipment and the operator. In addition, we might review the training manual for breathalyzers in order to ensure that the police officer followed the proper procedure when administering the test. Similar rules apply to the field sobriety tests; the police must adhere to strict standards when they give you the tests. For example, if the road slopes, you might inadvertently walk at an angle, and the police officer might claim you performed poorly on the FST. If you can show a valid reason for not performing well, the judge might consider your arguments.

4. Files a Motion to Suppress Evidence

The courts sometimes dismiss DUIs because of a number of technical issues with the case. For example, if you have health issues, such as diabetes, or are on a special diet, the breath test can easily be suppressed, which means the evidence might not be admitted in court. In that case, the entire basis for the case might be invalid. A motion to suppress gives the attorneys the opportunity to question the police who arrested you.

5. Visits the Scene of Your Arrest

The location where you were arrested can impact your DUI. If your attorney visits the arrest location, they can ask you about it when they meet with you. They can question the version of events outlined by law enforcement officers based on what they find at the scene.

6. Explains All the Implications of a Conviction or Guilty Plea

Your lawyer should completely explain what can happen if you are convicted or plead guilty. You need to understand that you could be subject to any or all of the following consequences and that someone of them are mandatory. These include fines and court fees, increased insurance rates, probation, time in custody, an inability to rent a vehicle, loss of your job and driver’s license suspension or revocation. If you don’t know about all of these penalties, you can’t make a fully informed decision on pleading guilty in your case.

7.Takes Your Case to Trial if Needed

While going to trial might make you nervous, remember that you are innocent unless you are proven guilty beyond a reasonable doubt. Your lawyer’s job is to defend you, and usually, this means you should not get on the stand and risk the prosecution cross-examining you. A jury cannot hold it against you if you don’t testify. Your lawyer might try to show that the defense has a weak case. The attorney does not need to make it seem like the police officer has lied but can attempt to cast doubt on the testimony of law enforcement personnel. Your attorney can also call an expert witness for the defense who can help with your case.

¹https://www.cdc.gov/vitalsigns/drinkinganddriving/

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Risks of Driving Without Insurance: Its Not Worth it!

Although auto policies were created to protect drivers, many people still take the huge risk of driving without insurance coverage. According to the National Safety Council, each year 1 out of 11 drivers will be involved in some type of motor vehicle crash. The council also states that the average costs of non-disabling injuries is over $70,000 per person with the average death estimates at more than $1, 400,000. Each year, the Insurance Institute for Highway Safety gathers highway loss statistics under six insurance coverage requirements within each state:

• Bodily Injury Liability Coverage
• Collision Coverage
• Comprehensive Coverage
• Liability Coverage and Property Damage
• Medical Payment Coverage
• Personal Injury Protection Coverage

All drivers should have some form of these types of insurances stated above, especially with the unpredictable nature of driving accidents. Even with the potential to get injured or injure or kill another driver, many motorists take extreme chances and may encounter one or more of the following risks:

• Drunk Drivers
• Teen Drivers
• Older Drivers
• Distracted Drivers
• Speeding Drivers
• Vehicle Theft
• Weather Risks

Higher Risk Drivers and Other Risks
The potential for financial loss, property damage, and injury or death is great for all drivers, including good drivers. With these risks, comes a potential to encounter specific types of drivers that can make the risks of driving without car insurance much greater.

Driving Under the Influence
Drunk drivers are a huge risk for any driver on the road, especially those without car insurance. According to Columbia University, more than 56 percent of vehicle crashes between 2005 and 2009 that resulted in death were the direct result of someone driving under the influence:

• Alcohol
• Drugs
• Combination of Drugs and Alcohol

Encountering a driver that is under the influence happens more often than many drivers may think. Here are some fast facts:

• Alcohol-related crashes occur every 30 minutes
• Injuries occur every two minutes from alcohol-related crashes
• Males drivers age 21 to 34 have higher incidents of impaired driving

Teen Drivers
Although teen drivers represent a smaller portion of the driving population, because of their inexperience with driving, their potential for causing an accident is four times greater than that of older and more experienced drivers.

Older Drivers
Mature drivers pose the highest risk of causing an accident other than teen drivers. Because the population of older adults is increasing, the potential risk for those that do not have car insurance will be greater.

Distracted Drivers
With the increase of technology in cars and cell phones, the risk of potential accidents also increases. Drivers are often distracted by many things:

• Talking on a cellphone
• Reading GPS maps
• Adjusting the car radio
• Talking with passengers
• Grooming in the mirror
• Reaching for food or drinks

Speeding Drivers
Although the National Maximum Speed Limit was retracted in 1995 and most states have consequently raised their speed limits, speeding is still a factor in 1 out 4 crashes according to the National Safety Council.

Theft
Although most insurance companies will pay for the costs of a replacement vehicle for drivers with full comprehensive coverage, the potential for theft is still great for certain vehicles:

• Chevrolet Silverado
• Cadillac Escalade
• Dodge Charger
• Ford F-250 4WD
• Chrysler 300

Weather
The unpredictability of weather can pose a risk for uninsured motorists. Without insurance, they lose the potential to get their car or truck repaired or replaced by an insurance company. Many insurance companies cover damages caused by various natural disasters:

• Hail Damage
• Tree Branch Damage
• Mudslides
• Flood Damage
• Hurricane Damage
• Tornado Damage

State Penalties for Uninsured Motorists
Even though property damage, injury, and death are extreme risks for both insured and uninsured motorists, state penalties for drivers with minimum liability coverage or full coverage have many other unwanted consequences:

Fines
Most states have created or increased the fines that uninsured motorists must pay if they are caught without coverage. Some states even provide officers with scanning technology that will allow them to quickly identify both insured and uninsured motorists on the road. Fines may also increase after the first offense. As a result, the only way to avoid costly fines is to get car insurance.

Legal Fees
Uninsured drivers could face the high cost of legal fees that may result from a court case concerning a car crash that involved property damage, injury or death. The cost of retaining a lawyer or attorney is an expense that may be avoided with full comprehensive insurance coverage.

No-fault States
If a driver does not have insurance in a no-fault state, he or she will not be covered against accidents, injuries or property damage. In this case, each driver will need to fork out his or her own money to pay for medical expenses or property damage.

Court Costs
Although a court case could result even if a driver has car insurance, it’s more likely that a driver will incur a court case and out-of-pocket expenses if they do not have any insurance coverage. In these types of cases, the other motorist may want to reclaim costs that are not covered by their insurance company from the driver at fault.

Financial Settlements
Uninsured motorists are responsible for paying the costs involved in a financial settlement for fatal car crashes, sustained or permanent bodily injury and extreme property damage.

Repair and Replacement of Vehicle
Insurance companies often pay to repair or replace a vehicle after an accident. If a driver does not have full coverage insurance, they will need to pay for these costs on their own.

Car Impounding and Vehicle Towing Fees
A police officer can demand that a vehicle is impounded because the driver does not have the minimum amount of car insurance that is required by their state. Not only will the uninsured driver have to obtain car insurance to recover the vehicle, but they will also have to pay for vehicle towing fees along with state fines.

Loss of Drivers License, Suspension, and Seized Tags
One of the most unwanted risks of driving without car insurance is the removal or suspension of a drivers license. Repeat offenders can lose their license or have it suspended for up to one year. They can also have their vehicle tags seized by the state.

Jail Time
Although first offenders may get away with just paying a fine, repeat offenders may pay a higher risk for driving without car insurance. Although not required, some states leave it up to the judge to send a non-compliant uninsured motorist to jail, especially if they have caused a serious accident or caused extreme property damage.

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Who is Most at Risk?

Almost 30 people a day die in drunken driving accidents in the United States. This is about one every 48 minutes and costs about $51 billion every year. In 2009, one-third of the deaths from accidents were cause by an alcohol-impaired driver. Among children from 0 to 14 years who died in a traffic accident, 14 percent of the deaths were caused by a drunk driver. Half of these were in the vehicle with the drunken driver. Marijuana and cocaine are involved in 18 percent of accidents, as they are usually used with alcohol.

Blood alcohol content (BAC) affects people differently because the time it takes to become absorbed into the system and the time it takes to leave the system differs. The risk of an alcohol-related accident doubles when the BAC reaches .05 and the risk increases ten-fold at .08. It increases twenty-fold at .10 and by several hundred-fold at the level of .15.

Who is the most at risk?

There are four million adults who drive drunk every year. They put everyone at risk. Men at every age level have a far greater number of drinking and driving episodes than women.

The people who are the most at risk for alcohol-impaired driving accidents are young people, motorcyclists and drivers who have already be convicted once for driving while intoxicated (DWI).

Youth

• The largest group of drivers with BAC of 0.08 percent or higher who were involved in a fatal accident, over one out of three, were between the ages of 21 and 24 years.

• Even without alcohol involved, teens between 16 and 19 years are four times more likely to die in an automobile crash than everyone else. Add alcohol and it becomes even more risky.

Motorcyclists

• Of all the fatal motorcycle accidents in 2009, 29 percent involved a BAC of 0.08 percent or more.

• Almost half of the motorcyclists killed each year in accidents are age 40 years or older. The highest number of deaths is for those between 40 and 44 years.

Drivers with a previous DWI conviction

• Drivers who are involved in a fatal accident and have a BAC of 0.08 percent or higher are eight times more likely to have had a previous DWI conviction than drivers with no alcohol in their blood.

• Between one third and three-fourths of drivers who arrested for DWI have been charged with the offense before

• One half to one-third of those who are charged will be charged again in the future

The results of drunk driving.

• Passengers, pedestrians, drivers and innocent adults and children in other vehicles are killed

• Financial loss suffered when a person cannot earn money due to an injury or death

• Destroyed or damaged vehicles

• Property such as highway signs, utility poles, buildings, and trees are also destroyed

• Auto insurance rates rise

• Crashed vehicles impede traffic flow for some time

• Innocent drivers may avoid the road at certain times because of the possible risk of a drunk driver

• A lot of police resources are consumed to prevent drunk driving that could be put elsewhere for public safety

• Hospitals, ambulances, fire engines, and police cars are needed for the victims of drunk driving collisions

• Prosecution and incarceration cost the community money to pursue drunken driving charges

Who are drunk drivers?

Driving when under the influence of alcohol is practiced by a broad spectrum of people. Most of these people are law-abiding citizens. The highest rate of drunk driving comes from white or Hispanic males between the ages of 25 and 44 years of age who are unmarried, working class and unemployed. Most drunk drivers are heavy drinkers who usually have a drinking problem.

If a person under the age of 21 years drinks and drives, they are about twice as likely to have a fatal accident as older drivers. After random testing, it is estimated that three percent of drivers at any time are legally impaired by alcohol. This rises significantly on the weekends when eight percent of drivers have a BAC of .05 and nine percent have had at least one drink. This means that in the evenings on weekends, about 17 percent of all drivers have taken some alcohol.

Why do people drink and drive?

The cultural drinking habits of a community also shape driving and drinking habits. Where weekends are considered a good time for heavy drinking, there will be more people drinking and driving. Also, owning a vehicle is required, so there are economic factors involved.

The number one factor why people drink and drive is the fact that they think they have a good chance of not getting caught. This is true. Even the most committed police departments can only stop less than one percent of the alcohol-impaired drivers on the road at any given time.

It also takes specialized training to detect drunk driving. Some police officers try to only arrest the drivers they think have a seriously high BAC and do not stop others. This may be because they are sure to prosecute strong cases or because they don’t want to be criticized for wasting resources on borderline cases.

At parties, restaurants or bars where alcohol is being served, serving to an obviously drunk person increases the risk of another drunken driver on the road. This is especially true if the location of the restaurant or party requires driving to reach it. Over-serving happens when there is pressure by patrons for another drink or by the establishment to sell as much alcohol as possible to maximize profits.

Attitudes affect drunk driving.

• People who have fear of drunk drivers, tend to drink little or none before they drive

• Social pressures to drink often cause people to drink and drive even though they fear drunk drivers

• People who understand BAC and try to keep it low drink less before they drive

• People who do not understand BAC and don’t have fear of drunk drivers usually drink more and drive drunk.

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