Artifact 9

NMA's Position on Drunk Driving. 2007. 21 Mar. 2007. http://www.motorists.com/issues/dwi/nma_dwi_position.html.

The NMA believes that some strategies the police use to find drunk drivers should not be used because they believe it violates search and seizure standards.

"We oppose drunk-driving roadblocks on the grounds that they violate protection from warrantless search and seizure, and fail to meet probable cause standards. They have not been shown to be effective at deterring impaired driving"(1).

1. Does the NMA oppose all standards for finding drunk drivers?
2. If so, how do they feel on the severity of the punishment?

Artifact Eight

Philadelphia City Council Bans Alcohol Advertising on City Property. 2003 News Report. 23 Jan. 2007. http://www.naaapi.org/campaigns/2003.asp.

This article contains the banning of alcohol billboards in Philadelphia. This shows how imagery can cause alcoholism and possible DUIs.

"Philadelphia City Council Bans Alcohol Advertising on City Property
December 2003
Philadelphia City Council approved a bill prohibiting the advertisment of alcohol on City-owned or controlled property. Mayor John Street signed the bill into law, and the most noticeable impact will be on Philadelphia bus shelters which currently allow alcohol advertising.
" This is a great victory for the children of Philadelphia," according to Reverend Jesse W. Brown Jr., Executive Director of the National Association of African Americans for Positive Imagery. "The Center on Alcohol Marketing and Youth has documented the overexposure of underage youth to alcohol advertising in television, radio, and magazines. They have also shown that African-American and Hispanic youth are exposed to even more alcohol advertising. With this action, the City of Philadelphia has shown that they are not willing to contribute to this major public health concern."
The current bus shelter contract with Viacom Outdoor will expire in 2005, and any new contract will include a provision prohibiting the advertisement of alcohol products, thus giving Philadelphia an alcohol-free system for the estimated 32,000 school students who use SEPTA as their primary means of transportation to and from school"(1).

1. Is this law still in effect?
2. Will other areas begin banning alcohol advertising?

Artifact Seven

DUI/DWI Penalties. 2007. 23 Jan. 2007. http://www.duipenalties.net/ .

This site contains DUI penalties for all of the states. This is an example of Maryland's penalties.

"Implied Consent Laws
Laws involve drivers alleged of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as 'implied consent laws.' Rejection carries penalties that can include obligatory suspension of a driving license for up to a year.
Blood-Alcohol Concentration
In Maryland, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed 'per se intoxicated' under the law. Under this statute, this confirmation is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood-Alcohol Concentration
In all states, 'zero tolerance laws' focus on drivers not of legal drinking age. In Maryland, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.
Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more strict punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instance of arrest; this is ordinarily .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Maryland" (1).

1. How are these penalties decided?
2. Do these penalties apply to the "Full Faith and Credit" clause?

Artifact Six

Maryland DUI Penalties. Kenneth E. Crocken. 23 Jan. 2006. http://www.crockenlaw.com/penalties.html.

This site contains the process of how a convict of a DUI goes through the Maryland Vehicle Association system.

"There is a possibility of three proceedings:
(1) If you had a BAC over .08 or you refused the breathalyzer test you are subject to an initial MVA hearing regarding the suspension of your license,(2) the court proceedings, and (3) if you had points assessed in the court proceedings, another MVA Hearing.
The initial MVA HEARING
Of legal drinking age, test result of .08 or more, but less than .15: First Offense: 45 Day Suspension Subsequent Offense: 90 Day Suspension
Of legal drinking age, test result of .15 or more: First Offense: 90 Day Suspension Subsequent Offense: 180 Day Suspension
Of legal drinking age, refusal of breath or blood test: First Offense: 120 Day Suspension Subsequent Offense: 1 Year Suspension
Under the legal drinking age, test result of .02 or more or refusal: First Offense: 1 Year Suspension Second Offense: 2 Year Suspension
If you did not refuse the breath test, and you have not been convicted of a drunk driving offense or had your license suspended within the last 5 years, the administrative judge may modify the suspension.If you refused the test, you agree to participate in the ignition interlock program from one year, and you have not been convicted of a drunk driving offense or had your license suspended within the last 5 years, the administrative judge may modify the suspension" (1).

1. How did the MVA decide on these penalties?
2. Can a case move on to the court system?

Artifact Five

General Statistics. MADD. 2007. 22 Jan. 2007. http://www.madd.org/stats/1789.

This organization has compiled many statistics on their website. These are some general stats that I found.


"The majority of those who reported alcohol-related DUI in the 12 months prior to a national survey are not alcohol dependent or alcohol abusers. In 2000, 37% of the Blacks, 38% of the Hispanics, 29% of Whites, 44% of the Native Americans/Alaskan Natives, 39% of Native Hawaiians/Pacific Islanders, 22% of the Asians and 28% of those of Mixed race who report committing DUI in the past year are alcohol abusers or dependent; all the others who drove under the influence are not. (Caetano and McGrath, 2005)

Beer is the drink of choice in most cases of heavy drinking, binge drinking, drunk driving and underage drinking. (Rogers and Greenfield, 1999)

There is evidence that heavier drinkers prefer to drink at bars and other person's homes, and at multiple locations requiring longer driver distances. Young drivers have been found to prefer drinking at private parties, while older, more educated drivers prefer bars and taverns. (NHTSA, 2001)"(1).

1. Have these statistics remained somewhat constant over the years?
2. If any have changed, what may have caused them to?

Artifact Four

DUI Penalties. 2007. 22 Jan. 2007. http://totaldui.com/dui_penalties.htm.

This site contains the standard penalties for DUI in the U.S. There are different penalties for every offense by a single individual.

"The loss of your driver's license
Probation
Community service
Substantial fines
Seizure of your vehicle
Mandatory drug and alcohol education classes
Increased automobile insurance rates
Installation of an ignition interlock system on your car
A misdemeanor or felony conviction
A possible homicide conviction
A lengthy prison sentence
Civil liability for any bodily injury or property damage you cause " (1).

1. How is the penalty determined?
2. Can Penalties repeat themselves?

Artifact Three

Drinking and Driving. Ron Jourard. 2006. 1 Jan 2007. http://www.criminal-lawyer.on.ca/drinking-driving-1.html.

This website contains information about penalties of drinking and driving in Canada. There are interesting similarities and differences between regulations for Canada and the U.S.

"Penalties
If you've been charged with drinking and driving, that is, over 80, impaired operation or care or control of a motor vehicle, or refuse to provide a suitable breath sample, you are liable to the following penalties upon conviction:
For a first offence: a minimum fine of $600; a minimum one-year driving prohibition; in some provinces (Quebec, Manitoba and Alberta), you can drive after three months if you install an alcohol ignition-interlock device.
For a second offence: a minimum jail sentence of 14 days; a minimum driving prohibition of two years; in Ontario, a three-year licence suspension if the prior conviction was registered within the last 10 years (the suspension starts upon conviction); in some provinces (Que., Man. and Alta.), you can drive after six months if you install an alcohol ignition-interlock device.
For a third offence: a minimum jail sentence of 90 days; a driving prohibition of at least three years; in Ontario, a life-time suspension if the prior convictions were registered after September 30, 1993, and all convictions occur within 10 years of each other; after completion of assessment and a remedial program, a life-time suspension may be reduced to 10 years from the date of conviction; in some provinces (Que., Man. and Alta.), you can drive after 12 months if you install an alcohol ignition-interlock device.
Four or more convictions: If you are convicted of a fourth or subsequent offence your licence will be permanently suspended in Ontario with no possibility of reinstatement; in some provinces (Que., Man. and Alta.), you can drive after 12 months if you install an alcohol ignition-interlock device.
Other driving offences and out-of-province convictions: In Ontario, convictions (or discharges) registered after September 30, 1993, for dangerous driving, flee police and fail to remain at the scene of an accident are also taken into account in determining the number of previous convictions. Convictions from other provinces are also considered. Convictions or discharges for dangerous driving, flee police and fail to remain will result in licence suspension in Ontario in the same way as a conviction for a drinking and driving offence.
Multiple convictions: in Ontario, if you are convicted of two or more driving offences relating to the same incident, such as Impaired Driving and Refuse Breath Sample, your licence will be suspended as if there had been a single conviction. Thus, if you have no prior convictions, you will lose your licence for one year only. However, if the offences arise out of separate incidents your licence will be suspended for one year for the first conviction and three for the second. The suspensions run from the conviction date and are not consecutive"(1).

1. Are regulations of other countries outside of the U.S. all remotely the same?
2. What happens if someone outside of their country gets convicted of drinking and driving?