CHAPTER NINE

Alcohol and Other Drugs

DUI laws exist to punish drivers who operate vehicles under the influence of either alcohol or drugs.

Alcohol and Traffic Safety

Three in every ten Americans will be involved in an alcohol-related wreck at some point in their lives! Alcohol-impaired-driving collisions cause approximately 33% of all traffic deaths nationwide and in Nevada. Knowing how to recognize a problem drinker can often help save lives. Awareness of penalties associated with drinking and driving-related laws may deter drivers from drinking and driving. REMEMBER: Alcohol is the number one killer on our roads and is the most abused substance in the United States.

Over 50% of adult fatalities and 60% among juveniles are DUI-related. Not surprisingly, the chances of being involved in a collision doubles with the consumption of just one drink. With a B.A.C. (Blood Alcohol Content) of .10%, your chances of a wreck are eight times greater, while with a B.A.C. of .15%, your chances increase an amazing 25 times.

Effects of Alcohol on the Body

Alcohol is absorbed directly into the blood stream. After being absorbed, it affects and damages many bodily organs, including the heart, stomach, and liver. It can cause enlargement of the heart (leading to congestive heart failure), cancer of the digestive system, and possibly hepatitis and/or cirrhosis of the liver. Drinking too much at once can lead to an alcoholic coma, which in turn can lead to death. The higher learning centers of the brain are the first to be affected, followed by muscular control and then vital functions such as digestion, breathing, heartbeat, and circulation. Vision is also affected. The small muscles that control your eyes are not able to focus and move correctly. This is when double vision occurs. Other results are.

The human body has two ways of disposing alcohol: elimination and oxidation. Approximately 10% of the alcohol a body consumes leaves by elimination from the lungs and kidneys. The remaining 90% of the alcohol leaves by oxidation. The oxidation process takes place mostly in the liver. When alcohol enters the liver, it is changed to a chemical called acetaldehyde. Acetic acid is formed when the acetaldehyde chemical is combined with oxygen. When the acetic acid is further combined with oxygen, carbon dioxide and water are formed. The carbon dioxide and water are then expelled from your body. Oxidation occurs at a slow and steady rate of about one drink per hour. The oxidation of alcohol produces 163 calories for every one ounce of pure alcohol. Alcohol contains no vitamins and has no physically beneficial nutrients. The effect of alcohol on a person depends on a variety of factors:

• How one feels emotionally before drinking.
• What the drinker expects the alcohol to do.
• The amount of alcohol consumed.
• The speed in which a person consumes the alcohol.
• The size of the drinks.
• If there is any food in the drinker’s stomach.
• The experience in using alcoholic beverages.

B.A.C. Phases and Symptoms

• 0.01 - 0.05 B.A.C. / SUBCLINICAL PHASE - Behavior appears normal by ordinary observation.
• 0.03 - 0.12 B.A.C. / EUPHORIA - Slight euphoria, sociability, talkativeness, increased self-confidence, a decrease in inhibitions, beginning of sensory-motor impairment.
• 0.09 - 0.25 B.A.C. / EXCITEMENT - Loss of critical judgment, impairment of perception, memory, and comprehension. Increased reaction time, lack of sensory-motor coordination, drowsiness, and impaired balance.
• 0.18 - 0.30 B.A.C. / CONFUSION - Mental confusion, disorientation, dizziness. Increased pain threshold, slurred speech, decreased muscular coordination, perception of colors, forms, motion and dimensions are disturbed.
• 0.25 - 0.40 B.A.C. / STUPOR - Near loss of motor functions, marked lack of muscular coordination, unable to stand or walk, vomiting, impaired consciousness, sleep or stupor.
• 0.35 - 0.50 B.A.C. / COMA - Complete unconsciousness, below normal body temperature, depressed reflexes, impairment of respiratory and circulatory systems. Possibility of death.
• 0.45 + B.A.C. / DEATH - Death from respiratory arrest.

Percent of alcohol content in selected beverages:

Traits of an Impaired Driver

Alcohol often causes a person to drive abnormally on the road. Alcohol is a depressant that slows bodily functions. Reduced tension and lower inhibitions are common, causing the drinking driver to take risks he or she normally would not. Decision-making is also greatly altered, as clear and concise thought is difficult. In addition to breaking basic traffic laws, the impaired driver often exhibits the following driving traits:

A. Speeding - Alcohol affects a person’s ability to decide right from wrong and judge safety in general. Speed is often increased, and unsafe chances behind the wheel are often taken.

B. Driving Slowly - In a futile attempt to hide their intoxication, impaired drivers often drive substantially below the speed limit.

C. Weaving - The drinking driver loses focus on the road and may fall asleep or simply lose control of the vehicle. Coordination begins to deteriorate, with weaving the most obvious and common driving trait.

D. Lights - Alcohol adversely affects basic brain functions, such as memory. Turning on driving lights may be overlooked, resulting in a dangerous situation with a dark car on the road.

E. Windows - The drinking driver often believes cold air will keep him or her awake while driving. An open car window in cold weather late at night is often a sure sign that the driver is intoxicated (the driver may also have his or her head out the window).

F. Lane Straddling - Drinking drivers often use lane-dividing lines as guides to stay on the road. This is an obvious indication of an intoxicated driver, as focus is lost and every attempt is made to stay on the road.

G. Tailgating - Tailgating is a basic driving violation, and this is common with the drinking driver. Vision becomes impaired, depth is distorted, and the eyes react slower to lights.

H. Turning Difficulty - A drinking driver may signal to turn one way and then erratically turn the other way. It is very common for the impaired driver to make unusually wide or narrow turns. Motor skills are at extremely diminished levels.

I. The vehicle exhibits jerky movements... starting and stopping.

Alternatives to drinking and driving - What can you do to eliminate or reduce the risk of driving under the influence?

Here are a few solutions:

• Have friends make arrangements before attending a party at your home or business (i.e., stay over or rent a room at a nearby hotel, call a taxi, designate a non-drinking driver, etc.)
• Confiscate all keys at the door of your home if hosting. Do not return keys to intoxicated drivers.
• Be firm. Remember: "Friends don't let friends drive drunk."
• Set an example. Show disapproval of people who insist they can drive even though they are intoxicated.
• Call the police, if necessary.

Symptoms of intoxication that police officers are taught to look for:

1. Flushed face.
2. Bloodshot eyes (watery, red and/or glossy).
3. Scent of alcohol on breath.
4. Slurred speech.
5. Difficulty getting license out of wallet.
6. Unable to comprehend the officer's questions.
7. Wobbling or staggering when getting out of the vehicle.
8. Swaying or instability when standing.
9. Using the vehicle for support.
10. Inappropriate attitude towards the police officer.
11. Soiled or disorderly clothing.
12. Stumbling when walking.
13. Disorientation as to time and place.
14. Unable to follow directions.

Ways to Sober Up

There is no easy remedy for chronic or short-term abuse of alcohol. The only way to sober up is to allow the body time to absorb and dissipate alcohol in the system, a process called "Oxidation." Food and coffee are often perceived as viable ways to dilute alcohol in the system, but these are misconceptions. Oxidation occurs in the liver, and nothing can be done to either slow down or speed up this process. Water consumed while drinking dilutes alcohol in the body and may lessen the effects on the brain; however, this does not reduce the BAC. Water cannot reverse the effects of hours of drinking.

The Only Proven Solution: Sleep and Time - As a depressant, alcohol usually induces sleep. Sleep allows time for the body to absorb and dissipate the alcohol from the system. Time allows the body to absorb the alcohol. The body can only oxidize one ounce of alcohol per hour, meaning a BAC of .08% would require at least eight hours to be fully absorbed by the body.

SUMMARY.... As of now, no one has discovered a quick way to extract alcohol from the body. Several problems occur when you consume too much alcohol. Alcohol concentrates in your inner ear and disturbs your sense of balance. Alcohol can trap needed nutrients and waste products in the liver, therefore inflaming the liver cells. Alcohol interferes with a phase of deep sleep, causing you to have a poor night's rest. Alcohol also causes dehydration Traditional remedies do not work. Coffee may give you a caffeine boost, but that will not ease the symptoms. Fruit juice may re-hydrate the body a bit, but it also may upset your stomach, as will aspirin. REST IS THE ONLY WAY TO REPAIR THE DAMAGE.

Alcohol and the Law

Under Nevada's Illegal Per Se Law, if you have a blood alcohol content of .08% or more, your driving privilege will be revoked. If you are under the age of 21 and a chemical test shows an alcohol content of .02%, but less than .08%, your driving privilege will be suspended. The officer can take your license on the spot if either of these two instances occurs. You can be arrested for DUI with a lower BAC than .08% if the officer believes you are too impaired to drive. If you are pulled over, and an officer suspects you are driving under the influence, you will be asked to take a blood, breath, or urine test. You cannot refuse these tests because under Nevada law, when you accept your driver's license, you gave consent to have your blood alcohol content tested when asked by an officer. There are two different types of penalties under Nevada's Driving Under the Influence laws:

• Administrative: The Department of Motor Vehicles and Public Safety takes this action against a driver, regardless of any actions taken by the court.
• Criminal: This is the action the court will take against anyone found driving under the influence of drugs or alcohol.

Penalties for DUI

Administrative - Your driver's license is revoked for 90 days, if you are found driving with a BAC of .08% or higher. If you are under 21 years old and are found driving with a BAC of .02% or higher, your license will be suspended for 90 days.

Criminal - First DUI offense

• Your license will be revoked for 90 days. After 45 days, you can apply for a restricted license.
• A jail sentence of 2 days to 6 months, or 96 hours of community service.
• A fine of $400 to $1000.
• Payment of tuition for DUI school (averaging $150).

Second DUI offense within seven years

• License revoked for one year, and you will not be eligible for a restricted license.
• Jail sentence of 10 days to 6 months.
• A fine of $750 to $1000.
• 100 to 200 hours of community service.
• Your vehicle registration will be suspended.

Subsequent DUI offense within seven years

• License revoked for three years.
• Prison sentence of one to six years.
• A fine of $2000 to $5000.
• Your vehicle registration will be suspended.

Treatment programs

If you plead guilty or nolo contendere to a first, second or third DUI offense, you may request treatment for alcohol or drug abuse if:

1. You are diagnosed as an alcoholic or drug abuser by:
   1. A licensed or certified alcohol and drug abuse counselor; or
   2. A physician certified to make the diagnosis;
2. You agree to pay the costs of the treatment up to what you can afford;
3. You have served or will serve part of your sentence (if a 1st or 2nd DUI); and
4. You have not previously requested treatment (if one or two previous non-felony DUI convictions).

If the court accepts your request, the court will enter a sentence but suspend it for up to three years (for a 1st or 2nd DUI) or suspend all further proceedings and place you on probation for up to five years (for a 3rd DUI) on the condition that you are accepted for treatment by a treatment facility, complete the treatment satisfactorily, and comply with any other conditions from the court.

If you are accepted for treatment, you may be placed under supervision for three years (1st or 2nd DUI) or five years (3rd DUI). During treatment, you may be kept in an institution or, at the facility’s discretion, release you for treatment or supervised aftercare. Successful completion will result in a reduced sentence, although your offense will stay on your record.

If you are not accepted by a facility or do not complete the treatment satisfactorily, you must serve the remainder of your sentence (1st or 2nd DUI). For a 3rd DUI, the court will impose the sentence for a third DUI offense. Any time you served behind bars will count as time served toward your sentence.

To participate in a treatment program for a 3rd DUI, you must do all of the following:

1. Serve at least six months confined in an institution for treatment;
2. Install an ignition interlock device at your expense, which must remain for at least 12 months;
3. Drive only a vehicle equipped with the ignition interlock device.
4. Agree to be subject to periodic testing for alcohol or drugs while participating in the treatment program; and
5. Agree to any other conditions that the court believes are necessary.

DUI which causes death or serious injury

• Driver license revoked for three years, and you will not be eligible for a restricted license.
• Prison sentence of two to 20 years.
• A fine of $2000 to $5000

Commercial Driver License

• Any detectable amount of alcohol will affect your driving privilege.
• You will face criminal DUI charges with a BAC of .04% or higher.
• More severe DUI penalties will apply.
• Possible lifetime disqualification from commercial driving.

DUI Laws for Young Drivers

• If you are a licensed driver under the age of 18 and are convicted of driving under the influence of alcohol or a controlled substance, your license will be revoked for 90 days.
• The conviction will remain on your record for seven years.
• The court will require you to undergo evaluation for alcohol and drug abuse.
• The judge may order you to attend an alcohol or drug treatment program.
• If you are under the age of 21 years and have a BAC of .02 to .08 percent, your license will be suspended for 90 days.

Felony DUI Convictions

• Once you have been convicted of a felony DUI, all subsequent DUI violations will be considered felonies. You will face a minimum of 2 years in prison and a fine of $2,000 for each conviction.
• If you have three prior DUI convictions and then cause a death on a fourth or subsequent DUI, expect to spend 25 years to life in prison.
• The 7-year period normally used to consider prior DUI convictions do not apply to either of the above; felony DUI convictions remain on your record indefinitely. If you spent time in prison, were confined in a treatment facility or your home, or were on parole or probation, the related offenses will also stay on your record permanently.

Additional Notes

If you are found guilty of driving under to the influence, and you had passengers under the age of 15 in the vehicle, the court will consider that as an aggravating factor in determining your sentence.

If you plead or are found guilty of driving under the influence, and a chemical test was administered, the court will charge a $60 fee to cover the costs of the chemical analysis.

Other Related Laws

Open Container Law - It is legal to have a container of liquor, beer or wine in your car as long as:

• It is full.
• It is sealed.
• It is unopened.

Right to Bail Limitations - If you are arrested for DUI, you will not be released from jail until you have reached a BAC of .04 or lower. If other drugs are involved, you will have to stay in jail for a minimum of 12 hours.

Stopping for a Peace Officer - If you (1) refuse to stop your vehicle or (2) elude a police officer, you will be charged with a felony if you are also convicted of DUI.

Other costs associated with getting a DUI:

• Vehicle Towing - $150
• Lawyer - $2000 - $4000
• Insurance Increase - $1500 and more in many cases
• Lost Wages - $1000 - ?
• Court Costs - $450
• Treatment - $400
• DUI School - $175 - $225

As you can see, the cost of those few drinks can go from just $5.00 to an excess of $7,000. You can probably think of much better ways to spend $7,000. And don't forget, the cost for a second offense increases even more.

Personal Effects of DUI - A DUI conviction can be harsh on your personal life, and it comes in many forms. They can include civil suits and costs leading to loss of assets. You could lose your job, your self-respect, or the respect of family and friends. Think about how you would explain to your child that you could no longer pick him/her up from school because your license had been suspended? And don't forget the humiliation of being in jail! JUST DON'T DRINK AND DRIVE!

Other Classifications of Drugs

Prescription drugs. Prescription drugs include cough medicine, antihistamines, barbiturates, and tranquilizers. Drivers often fail to realize that many drugs as prescribed by their physicians have warning labels attached noting alcohol consumption with the drug could be very dangerous. In addition, many of these drugs warn users not to operate a motor vehicle when under medication because they can cause drowsiness, light-headedness, slower reactions, intensified emotions, or impaired judgment, concentration and coordination. If you drive while under the influence of codeine, you are still breaking the law because you are driving under the influence. You must be aware of what prescription medicine you are taking and the effects it has on the body before you get behind the wheel.

Over-the-counter medications. Many over-the-counter medications contain alcohol, sedatives and related substances that are not conducive to driving while on them. You must be aware of what is in the over-the-counter medications you are taking, and that these substances could impair the ability to drive safely.

Depressants. Depressants lower the rate of muscular or nervous system activity and are essentially sedatives. Alcohol falls into this category, as would marijuana, barbiturates, antihistamines and tranquilizers. Driving under the influence of a depressant can have catastrophic effects because judgment is impaired (drivers think they are okay to drive when they are not) and reactions are dulled and slowed, as is concentration.

Stimulants. Stimulants include cocaine, amphetamines, methamphetamines, caffeine and nicotine. This type of drug temporarily stimulates some vital process or organ in the body. When alcohol is consumed, it appears to act as a stimulant for the first hour after consumption, but it is physiologically a depressant. Cocaine would be a classic example of a stimulant. Cocaine affects the driver’s view of reality, increases reaction time, heightens impulsive or impatient behavior, enhances aggressive or hostile behavior, and distorts the driver’s decision-making process.

Narcotics. Narcotics include heroin, codeine, opium and morphine. This type of drug induces a soothing, lulling or dulling effect, and in large enough doses can cause comas and death. Narcotics are highly addictive and affect the driver’s decision-making process, impair vision and motor skills, cause him or her to become restless, make the mind wander, and result in loss of consciousness.

Hallucinogens. Hallucinogens include LSD, Peyote and PCP. This type of drug causes distortion of the driver's perception, sight, hearing, time and distance comprehension. Hallucinogens can induce rapid mood swings, slow down reaction time, and cause lack of coordination and vision from seeing objects that are not really visible. Since driving depends on your perception, sight, hearing and vision, dramatically reducing these abilities is not conducive to safe driving.

What is the synergistic effect?

Synergistic Effect. The synergistic effect is what happens when you combine the intake of two or more drugs at the same time. The effect is different with each combination, each time, and each person. The most dangerous aspect of synergism is the additive effect. Alcohol plus sleeping pills can have a dramatically greater effect than either drug alone. A one plus one combination could equal four. Each drug compounds the effect of the other, further altering your ability to safely operate a motor vehicle.

DUI Prevention Locally

Designated Driver Program - The designated driver program was developed to help deter drinking and driving while encouraging sober, designated drivers. This works by having one person in a group refraining from drinking alcoholic beverages and being responsible for the rest of the group. This person will drive the others home, ensuring those who may be intoxicated and dangerous will not be on the roads.

Designated drivers often receive support from the establishments where they and their friends drink and eat, and sometimes they receive complimentary non-alcoholic drinks and food. Some of the requirements to participate as a designated driver include:

• Must possess a valid driver’s license.
• Must be in a group of two or more people.
• Must identify self verbally.
• Must not consume any alcoholic beverage throughout the evening.
• Should be at least 21 years of age.
• Must understand that management reserves the right to refuse service to anyone at any time.

These programs have helped contribute to a decline over the last 10 years in DUI-related deaths. Often, the drinker cannot consciously help himself or herself and needs a friend to step forward. Designated Drivers Save Lives!

Statistics

Statistics often substantiate causation better than anything else. Driving statistics show the devastating affects alcohol has on a person's ability to operate a motor vehicle. The following are national statistics (unless otherwise noted) are consistent from year to year and decade to decade.

A. There is a DUI arrest rate of one in every 143 licensed drivers in the U.S.

B. Approximately 300,000 people are seriously injured annually in alcohol-related accidents.

C. Over one-half of the people killed in alcohol-related accidents are drinking drivers, 20% passengers in the vehicle, and 17% occupants of other vehicles or pedestrians.

D. Over 90% of drinking drivers attending alcohol treatment centers (i.e., AA) return within three years, indicating another DUI arrest.

E. Between midnight and 4 a.m., approximately 80% of all fatally injured drivers have been drinking.

F. Roughly 40% of drivers on the road after midnight on the weekends are over the .08% DUI level.

G. The leading cause of death among teenagers is alcohol-related vehicle accidents. Drivers under 18 yrs. old have a risk of being involved in a fatal accident that is 2½ times greater than that of the average driver.

H. It has been estimated that a person arrested for his or her first DUI has been driving on the roads between 200-1200 times while intoxicated, without being arrested for DUI.

I. Approximately 25% of every dollar spent on automobile insurance premium is allocated towards drunk driving-related damages.

J. Three in every ten Americans will be involved in an alcohol-related accident at some point in their lives.

K. In 2007, there were 373 traffic-related deaths in Nevada, and 118 were caused by alcohol-impaired-driving (where drivers had a BAC of .08% or higher).

L. The most frequently committed violent crime in the United States is driving under the influence of alcohol, with more than 1.4 million arrests annually.

M. Nationwide in 2007, there were 250 alcohol-impaired-driving fatalities per week, 36 per day and 2 per hour.

N. A driver with a BAC level of .15% or higher is 300 times more likely to be involved in a fatal collision than a driver who has not consumed alcohol.

O. Each year, one percent of all licensed drivers are arrested for driving under the influence, more than for any other crime.

P. Drivers with a BAC level of .15% or higher account for nearly 2/3 of all alcohol-related fatalities.

Q. Each day, eight people under the age of 21 die in an alcohol-related collision.

S. College students spend $5.5 billion each year on alcohol. Students typically spend more money each year on alcohol than they do at the college bookstore.

T. It is estimated that one out of every 280 babies born today will die in an alcohol-related crash.

U. The The major cause of death for children 0 to 14 years of age is traffic collisions; of these deaths, 15% are due to alcohol-impaired-driving crashes.

Positive Statistics

A. According to research by the National Highway Traffic Safety Administration (NHTSA), 26,333 lives were saved between 1975 and 2007 due to minimum drinking age laws.

B. In 2007, 12,998 people died in alcohol-impaired-driving crashes, making up 32% of all traffic fatalities. This represented a decline of nearly 4% from 2006.

C. From 1982 to 1999, the number of young drivers that died in an alcohol-related traffic crash where another young driver was involved decreased 62%.

D. Due to new minimum drinking age laws, lower BAC laws, and groups such as MADD (Mothers Against Drunk Driving) and SADD (Students Against Drunk Driving), countless lives are being saved each year. By educating our children on the dangers of drinking and driving, we should be able to lower these numbers even more.

2004 Holiday Statistics

A. On New Year's Day, 132 people died in traffic-related collisions. Of those 132 people, 91, or 68.9 percent, were alcohol-related.

B. On Memorial Day Weekend -- 6 p.m., May 28, 2004 - 5:59 a.m. June 1, 2004 -- 358 people died in traffic-related collisions. Of those 358 people, 174, or 48.6 percent, were alcohol-related.

C. On the Fourth of July Weekend -- 6 p.m. July 2, 2004 - 5:59 a.m. July 6, 2004 -- 361 people died in traffic-related collisions. Of those 361 people, 177, or 49.0 percent were alcohol-related.

D. On Halloween weekend, from Oct. 30, 2004 to Nov. 1, 2004, 239 people died in traffic-related collisions. Of those 239 people, 129, or 54.0 percent, were alcohol-related.

E. On Christmas Weekend -- 6 p.m., Dec. 23, 2004 to 6 a.m., Dec. 27, 2004 -- 310 people died in traffic-related collisions. Of those 310 people, 147, or 47.4 percent, were alcohol-related.

There is a tendency for motorists to relax during holidays. The mind is at ease, and thoughts are on upcoming festivities. The truth, however, as statistics show, is that the most dangerous times to be on the road are during the holidays. People are drinking alcohol more, more chaos associated with children in the vehicle exists, and the overall driving task is made more difficult.

Statistics don't lie...alcohol, motor vehicles, and people don't mix!

(Source of some statistical information derived from the National Highway Traffic Safety Administration (NHTSA) and Mothers Against Drunk Driving (MADD))

* You can report a drunk driver or any highway emergency by dialing 647 or NHP on your cellular phone.*