Drinking, Driving,, and Death

Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced in New York State. Penalties include loss of ________ _______, fines and possible jail time.

How much drinking does it take to affect driving ability? Any amount of drinking will affect your ________ and __________, reduce your ability to judge distances, speeds, and angles, and will reduce your ability to safely operate a vehicle. The degree of impairment depends on five factors: 1.) the amount you drink; 2.) whether you've eaten before or while drinking (food slows ____________: the process of the alcohol getting from your stomach and small intestine into your blood);

3.) your body weight; 4.) length of time spent drinking and; 5.) your gender. There is no quick way to 'sober up', except to wait for your body to metabolize the alcohol. The average metabolism rate is about ______ drink per hour.

What is the quickest way to sober up? There is ______ quick fix - no way to reduce your BAC after drinking, except to wait for your body to ___________ (metabolize or eliminate) the alcohol, and that takes several hours. Your body oxidizes about _____ drink each hour. Consequently, coffee will not sober you up nor will a walk or a cold shower. They may make you feel more awake, but you will be just as drunk, and it will be just as dangerous for you to drive.

– The ______ oxidizes _____% of the alcohol consumed. – Next to the brain, the _____ is the organ most affected by alcohol abuse. – ________of the liver is the #1 killer of alcoholics. – The other ____% is eliminated by breath, _____ and ________.

No one should consume alcohol and drive. Everyone's safe driving ability deteriorates after drinking. Some people, especially young drivers, lose their driving skills even more quickly. This is why New York State law makes it illegal for any driver or passenger to posses an alcoholic beverage with intent to consume (commonly called the "open ______" law). It is also illegal to purchase an alcoholic beverage if you are less than 21 years old.

 BAC (Blood ______ Content) is a measure of the concentration of alcohol in a person’s blood. It is the best predictor of the likelihood of crash involvement.  ______ ______ of the fatalities in New York State involve impaired or intoxicated drivers and pedestrians. What is Blood Alcohol Content (BAC)?

With increased BAC, crash risk increases sharply. A driver with a BAC of.08 is ______ times as likely to cause an accident as a driver who has not been drinking, while a driver with a BAC of.16 is _____ times as likely to do so. Young drinking drivers are the highest risk of all. Drivers twenty years old or younger are almost three times more likely to be involved in alcohol related fatal crashes than other drivers. This is generally because these drivers have less experience driving and less experience drinking.

Alcohol affects individuals differently. Your blood alcohol content may also be affected by your age, physical condition, and any drugs or medication. In addition, different drinks may contain different amounts of alcohol, so it's important to know how much and the concentration of alcohol you consume. A woman drinking an equal amount of alcohol in the same period of time as a man of an equivalent weight may have a higher blood alcohol content (BAC) than that man.

MALE BAC CHART (Approximate) DrinksBODY WEIGHT IN POUNDSEFFECT ON PERSON ONLY SAFE DRIVING LIMIT IMPAIRMENT BEGINS DRIVING SKILLS SIGNIFICANTLY AFFECTED. ** CRIMINAL PENALTIES IN MOST STATES LEGALLY INTOXICATED. CRIMINAL PENALTIES IN ALL STATES

FEMALE BAC CHART (Approximate) Drinks BODY WEIGHT IN POUNDSEFFECT ON PERSON ONLY SAFE DRIVING LIMIT IMPAIRMENT BEGINS DRIVING SKILLS SIGNIFICANTLY AFFECTED. ** CRIMINAL PENALTIES IN MOST STATES LEGALLY INTOXICATED. CRIMINAL PENALTIES IN ALL STATES

BAC Charts can be located at the following web address: Subtract.01% for each 40 minutes of drinking. One drink is equal to 1¼ oz. of 80-proof liquor, 12 oz. of beer, or 4 oz. of table wine. ALL states have a.08 BAC per se law—The final one took effect in August of BAC per se law

How do the following relate to drinking and driving?  ________ Hour: a time (usually ________ afternoons) at which alcoholic beverages are sold at cheaper rates to encourage patronage  _______ Law: makes a person responsible for drinking that takes place at his/her home or residence

__________: anyone or anything that makes it easier or more convenient for someone to drink _________: a person’s resistance to the effects of drugs; In other words, as a person uses a drug, his/her body adapts to the drug being in his/her body and needs to use more of the drug to ______ the effects (feel high) Proof = ______x % of alcohol

What are the alcohol and drug related violations in NY? DWI - driving while intoxicated _____BAC (blood alcohol concentration) or higher or other evidence of intoxication. _________ DWI – aggravated driving while intoxicated,.18 BAC or higher DWAI/Alcohol - driving while ability impaired by alcohol, more than.____ but less than._____ BAC, or other evidence of impairment.

Chemical Test Refusal - Refusing to take a chemical test, such as a breathalyzer, for blood alcohol content shall result in license revocation and a $300 civil penalty, $350 for commercial vehicle drivers. Chemical test refusal within five years of a prior DWI-related charge carries a $750 civil penalty.

DWAI/Drugs - driving while ability impaired by a single drug other than alcohol. DWAI/Combination – driving while ability impaired by a combination of drugs or alcohol ______ Tolerance - As of November 1, 1996, drivers under 21 who are found to be driving with any alcohol in their system (.____ to.____ BAC) may be charged with violating the Zero Tolerance Law.

What is the “Ignition Interlock” Program? Under some circumstances, a court can order a driver to purchase and install an ignition interlock device as a condition of probation that begins at the end of an alcohol or drug-related license revocation. This device connects to a motor vehicle ignition system and measures the alcohol content of the operator's breath.

(Ignition Interlock Continued) It prevents the vehicle from being started until the motorist provides an appropriate sample breath. In some counties, during the remaining period of probation, the motorist may be eligible to hold a post- revocation conditional license. This conditional license will be revoked if the motorist fails to comply with the terms of probation or for conviction of any traffic offense other than illegal parking, stopping or standing.

DRIVING WHILE ABILITY IMPAIRED DWAI (more than.05 up to.07 Blood Alcohol Content [BAC]) CONVICTIONFINE ONLY*JAIL SENTENCELICENSE ACTION 1st Offense (Traffic Infraction) Minimum $300 Maximum $500 Up to 15 Days90-Day Suspension 2nd Offense Within 5 Years (Traffic Infraction) Minimum $500 Maximum $750 Up to 30 DaysMinimum 6-Month Revocation 3rd Offense Within 10 Years (Misdemeanor) Minimum $750 Maximum $1,500 Up to 180 DaysMinimum 1-Year Revocation Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance. The DMV (Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test

DRIVING WHILE INTOXICATED DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication) CONVICTIONFINE ONLY*JAIL SENTENCELICENSE ACTION 1st Offense (Misdemeanor) Minimum $500 Maximum $1,000 Up to 1 YearMinimum 6-Month Revocation 2nd Offense Within 5 Years (Class E Felony) Minimum $1,000 Maximum $5,000 Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment 3rd Offense or more Within 5 Years (Class D Felony) Minimum $2,000 Maximum $10,000 Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment 2nd Offense Within 10 Years (Class E Felony) Minimum $1,000 Maximum $5,000 Up to 4 YearsMinimum 1-Year Revocation 3rd Offense or more Within 10 Years (Class D Felony) Minimum $2,000 Maximum $10,000 Up to 7 YearsMinimum 1-Year Revocation * Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance.

ZERO TOLERANCE Drivers Under 21 (DMV administrative finding of.02 to.07 Blood Alcohol Content [BAC]) CONVICTION CIVIL PENALTYLICENSE ACTIONADDED FEE 1st OffenseMinimum $1256-Month Suspension$100 Suspension Termination Fee 2nd OffenseMinimum $1251-Year Revocation or until age 21, whichever is longer $100 Re- Application Fee

Are License Penalties The Same For All Age Groups? No. If you are under 21 when convicted of DWI or DWAI, your license will be revoked for at least ______ year. If you are found to have refused to take a chemical test, even if you are not convicted of DWI or DWAI, your license will be revoked for one year.

- If you commit a second such offense while you are under 21, your license will be revoked for at least one year or until you are 21, whichever is longer. - In both cases, if you are enrolled in the Drinking______Program (DDP) and have received a ________ license, you will remain in conditional license status for the full period of revocation.

In addition to the sanctions under these laws, if found guilty of using a New York State Driver License or Non-Driver Identification Card as proof of age to illegally purchase alcoholic beverages, your driver license or privilege of applying for a license, will be suspended.

NOTE: Motorboat and snowmobile operators under 21 years old who drink alcohol are subject to similar penalties and sanctions against their motorboat or snowmobile operating privileges.

Can I get a conditional license if I have been convicted of DWI or DWAI? Generally, persons convicted of DWI or DWAI for the first time may be eligible for a conditional license if they participate in the Drinking Driver Program. The DMV will determine if you are eligible for the program, and will notify you within 20 days of your license suspension or revocation by the court. However, a judge may prohibit a motorist from enrolling in the DDP.

Drivers not eligible for the DDP, and those who choose not to participate, will serve their entire license suspension or revocation period. The DDP classes run for 7 weeks, there are four 2 1/2 hour session and three 2-hour sessions. Participants are evaluated for alcohol or drug problems and are referred for treatment, if necessary. The DDP program fees are a $75 application processing fee to the DMV and up to $175 to the DDP course provider. Failure to complete the DDP or for additional violations resulting in revocation of the conditional license will result in having your license suspended or revoked for the full, original period.

DRIVER RESPONSIBILITY ASSESSMENTS In addition to paying any fines, fees, penalties and surcharges authorized by law, you may have to pay a "Driver Responsibility Assessment" for certain violations that occur on or after November 18, 2004, that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.

If you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years.

If you are convicted of one or more traffic violations resulting in six points in any 18- month period, you will be required to pay $100 each year for the next three years. For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years.

For information on how points are assessed, see "The Point System" in Chapter 2 of the New York State Driver's Manual. Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment.