He should make it home in 30 seconds, but gets pulled over because a cop was staking the tavern out.

The driver refuses the field sobriety test (which is only an option) because of a handicap and is arrested for DUI. By the time he's down in the station giving a breath test, he is now drunk.

Are DUI laws really fair when you can get charged for DUI when you were not impaired while you were driving?
Please read the entire question, not just the title.

The 5-year-old boy reportedly was taken to a hospital in serious condition, but he has since improved, and his injuries are not believed to be life-threatening, police said.

Darbin Alejoz-Ramirez, 23, was arrested on complaints of driving under the influence and causing an injury collision, driving with no driver's license, having no proof of insurance and injury to a minor child. He told police that he is an illegal immigrant, so a hold for Immigration and Customs Enforcement was placed on him at the Tulsa Jail.

Police said the child rode his bicycle from between two parked cars into the path of Alejoz-Ramirez's Chevrolet Blazer about 3 p.m. Sunday at the Colonial Park Apartments in the 7600 block of East 21st Street.

Alejoz-Ramirez smelled of alcohol, had bloodshot eyes and failed portions of sobriety tests, an arrest report states. He agreed to a blood test and was taken to a hospital to have blood drawn.
http://www.tulsaworld.com/news/article.aspx?articleID=070918_1_A18_spanc84006

Driving under the influence or DUI as it is commonly known, can be a serious safety hazard on the roads anywhere in the world today.   Accidents will no doubt happen if a person who is driving a vehicle has been drinking or taking drugs and is not one hundred per cent "compos mentis".   Being under the influence of drink at the wheel of a vehicle can be compared to a blind person taking the controls of a jumbo jet or someone swimming through murky waters, so not a good idea to say the least.  

Too much drinking often causes over-confidence which sometimes results in irresponsible people taking the wheel, not only putting themselves at risk but other road users also, including pedestrians.   Traffic police, speed cameras and members of the public should all be seen as deterrents to anyone thinking about having a drink and then driving, however some people never learn.

If a person is either intoxicated or drunk they are a definite danger and have a greater risk of having a crash, injuring themselves or others which could result in death.   There are many penalties for drink drivers such as suspending or taking driver licenses away, the confiscation of number plates, impounding the vehicle, heavy fines, or even jail sentences.   None of these would be welcome to any driver, so it is imperative to stay sober whilst sitting behind the wheel of a any vehicle.  

It can be quite amusing to watch on television someone who has been stopped for drink driving seeing them try to walk a "straight line" but in actual fact it is extremely dangerous to imbibe, if planning to drive home.   Breathalyzers are a useful tool for police to use to test these menaces on the road but sometimes they can malfunction, making the whole operation a bit of a sham.

Taking drugs might seem to be cool but the mixture of taking them, then driving can be lethal, your senses are on a different planet and the whole world seems crazy, so taking your car out is a definite no-no.

There are many ways to save lives on the fast, modern roads of today, therefore staying away from drinking and driving is one of the main ones.   Roads are being constantly improved with better lighting, good signposts and safe speed notices, so it is up to every individual to do their best, keep themselves safe while respecting the lives of others.   So for your own protection, don't drink and drive - make sure you travel with someone who is stone cold sober or leave the car at home.

All states are pushing even harder for an increased awareness of the 'Morning after the Night before' drink driving problem. Police are warning all drivers to consider their BAC (Blood Alcohol Concentration) before getting behind the wheel of a car after a big night out this holiday period.

People are becoming more and more aware of the problem of drunk driving and either arranging a designated driver, calling a cab, taking public transport or "crashing" the night. But what if you need to get somewhere the next morning?

Sandra Robinson, Road Safety and Traffic officer for Leeton Shire, NSW said the number of people caught driving under the influence (DUI) between the hours of 6am and 12noon during holiday periods increases dramatically.

"Every year I get calls from shocked drivers wanting to know why they have been charged with DUI the morning after a big night out," Ms Robinson said.

After more than 5 hours of sleep, a shower, cup of coffee and a good breakfast you may feel fine to drive but police are still catching motorists well over the .05 legal limit.

How does this affect our teenage drivers? In most states of Australia there is not only a .00 blood alcohol tolerance for probationary licence holders but stricter penalties apply for drivers over this limit. Teenage drivers have to wait for all the alcohol to pass through their system before getting behind the wheel.

Addiction Psychologist Dr Mark Daglisk says, "Approximately, the body will get rid of 1 standard drink per hour."

"Often when people go to sleep, they've still got alcohol in their stomach, so their blood alcohol is still rising."

Chief Health Officer and Road Safety Council Member in Western Australia, Andy Robertson says, "Your blood alcohol level can keep rising for up to two hours after your last drink."

The likelihood then of teenage drivers still being over the legal .00 limit when they wake up the morning after a big night out is considerable!

How is it possible then to keep our teenage drivers safe on the roads and prevent them establishing a criminal record with DUI charges?

S.P. Hardy, a Melbourne Barrister with 18 years experience defending road traffic offences lists 9 points to avoid drink driving convictions without legal assistance. At the top of the list is, "If you drink, don't drive" (common sense to most people) however, it's closely followed by, "Buy a personal breathalyser".

Though Richard Blackburn, in a December 2009 article in The Age entitled "Breathalysers put to the test" discredits the pinpoint accuracy of commercially available personal breathalysers and states, "Perhaps buying one only encourages you to push the boundaries." RACV (Royal Automobile Club of Victoria) retail stores have seen an increase in sales of personal breathalysers to parents of teenage drivers.

Anne-Maree Keys of the Rosebud store says, "Parents are getting them for their teenage kids to make sure they're not registering before they go off to work the morning after a big night."

The RTA (Road Traffic Authority) NSW Drink Driving Brochure says, "Don't try to estimate your BAC. Measure it. The RTA recommends using an Australian Standards approved (AS - 3547) breath testing device. But remember... If you go out drinking and have a big night you may still be over the limit the next day so take another test in the morning."

If you are planning to drink, then plan NOT to drive. Plan ahead; take a taxi, take public transport, organise a designated driver who won't be drinking, arrange a friend or family member to give you a lift. Remember it takes time for alcohol to completely break down in your system. If you're still concerned the morning after a big night look to invest in a personal breathalyser and make sure you test yourself before getting behind the wheel of a car!

So your teen is having some friends over to "hang out." Your teen wants you to provide a movie, snacks, and a six-pack of beer. Should you do it? Isn't it safer to have your teen home with you so you can provide supervision? When you were young, the drinking age was 18, and you turned out fine. Isn't it more important to teach your teen to be a responsible drinker than to abide by a law that features an arbitrary age limit?

Some parents do provide teens with alcohol, or simply look the other way when their teens drink, espousing a "kids will be kids" attitude. They think there is nothing they can do to stop the teen from drinking. They fear their teen's reaction to a strict prohibition against drinking. They want to be their teen's friend because they want to keep the lines of communication open.

Some parents think that if the teen only drinks alcohol in their own home, the parents will be in control of the amount consumed. They think they can keep watch over their teen to make sure that nothing bad happens while the teen is intoxicated. They reason that at least this way, their teen isn't driving drunk or riding with another drunk teen. They rationalize that if they let the teen's friends sleep over, everyone will be safe.

But these parents aren't taking many facts into account that refute the notion that parents should allow underage children to drink:

Teenagers are not physically, mentally or emotionally ready to be under the influence. Even one alcoholic drink is too much for their developing bodies and brains.

• For every year under the age of 21 a teenager begins drinking alcohol, they are five times more likely to battle a lifetime of alcohol abuse and dependence (National Institute on Drug Abuse, 2005)
• Adolescent use of alcohol increases the risk of dependence because teens' brains are not fully developed. The prefrontal cortex, which we use to assess situations, help us use good judgment, and keep our emotions and desires under control, does not develop completely until we are in our early 20s (NIDA, 2007)
• Teenagers may look mature, but their bodies are still developing. They require a lower level of consumption of alcohol to obtain a rapid "high," which means their judgment is affected almost immediately, but they also have increased levels of alcohol tolerance, making it easy for them to overindulge.
• Teenagers are emotionally immature. They are still learning about themselves, relationships, and what direction they should take in life. Because even a small amount of alcohol reduces inhibitions and impairs judgment, they may react emotionally while under the influence without considering the consequences of their behavior.

The use of alcohol by teens increases the risk of activities that may result in serious long-term consequences, including:

• Use of other drugs (alcohol is a gateway drug because its use compromises judgment and reduces inhibitions)
• Driving under the influence
• Alcohol poisoning from binge drinking (teens often binge drink to relax and may participate in drinking games that result in ingestion of large quantities of alcohol in a short period of time)
• Increased sexual activity and multiple sexual partners due to lowered inhibitions, which increases the risk of pregnancy and/or sexually transmitted diseases
• Exacerbation of underlying, perhaps undiagnosed, mental illness
• Violence and rape (whether the victim is under the influence or not)
• Suicide

Parental accountability for social hosting is on the rise. Twenty-four states have enacted social hosting laws to hold adults criminally responsible for providing alcohol to minors. No state makes it legal for an adult to provide alcohol to other people's children. Civil suits can result in the loss of many or all of a person's assets A¢a‚¬" whether they knew alcohol was being served in the home or not. Turning a blind eye is not an excuse.

When you host a gathering for your teen, you must tighten your resolve. Avoid being a friend and focus on your role as the parent. The following tips will help you through the process:

Visit our Teen Safe Driving Blog to read more about these issues and more to help improve your teenagers learning experience.  

Drink driving is considered to be a serious misdemeanour in the eyes of the law - and with good reason. The negative impact of alcohol upon spatial awareness, reaction times and general judgment can wreak potentially devastating consequences on the lives of the inebriated motorist and any number of other innocent individuals. In order to crack down on drink driving, almost all nations now impose limits upon the amount of alcohol that it is legal to have within one's system when in charge of a vehicle.

Despite the best intentions of the authorities, there pervades a myth about drink driving which undermines all of their best efforts to thwart it. It is fair to say that the propagation of this myth is in fact somewhat attributable to the authorities themselves: through their insistence upon pushing the idea of 'units' of alcohol to the public. A unit of alcohol is the equivalent of 10ml of pure alcohol, and the unit system exists for the most part to demonstrate the quantity of alcohol within a particular drink; its main purpose is to act as a benchmark for health purposes. Contrary to popular public opinion: the number of units of alcohol consumed does not necessarily have a bearing upon a motorist's adherence to the drink drive limit...furthermore, in the UK there is not a drink drive limit as such, but a series of drink drive limits.

These three limits are intended to represent parity and at the time of writing are (in the UK):

-35 microgrammes of alcohol in 100 millilitres of breath.
-80 milligrammes of alcohol in 100 millilitres of blood.
-107 milligrammes of alcohol in 100 millilitres of urine.

It is worrying that a huge number of drivers are not in fact aware of these figures and instead abide by their own set of parameters (usually based on an assumption about units). Given the vast number of variables which impact upon the levels of alcohol as measured in breath, blood and urine it is nigh on impossible to accurately calculate your fitness to drive following on from even one alcoholic drink. Possible factors which can affect alcohol levels include (but are not limited to): height, weight, gender, metabolism and how much food has been consumed recently. Given the vast margin for error there is only one way to be certain that you're legally safe to drive: don't drink anything prior to taking control of a motor vehicle. Just because many motorists subscribe to a myth about the drink drive limit does not mean that the police or prosecutors do and nor does it make driving under the influence of alcohol anywhere near safe.

It has come to be an unfortunate fact of life that instances of drink driving offences increase dramatically over the Christmas period. Whether it's due to a higher number of people heading out for a seasonal drink or two with friends and not fully considering their blood alcohol content before jumping in the car and heading home, or simply that there are more police on patrol to catch drink drivers- the end result is the same: a serious hazard.

Over the past few years governments have spent a great deal of money highlighting the dangers of drink driving over the course of the festive period. In recent years they have commissioned a series of harrowing television adverts which served as a stark and pertinent reminder of the danger of driving under the influence of alcohol. This year however, as a consequence of budget cuts; advertising campaigns are not a viable option, which has lead to concern as to both the government's sense of priorities (in launching a huge campaign against binge drinking whilst seemingly ignoring drink driving) and also the potential consequences of not specifically highlighting the dangers of drink driving over the Christmas period.

It is nigh on impossible to accurately assess the extent of the correlation between money spent on advertising campaigns targeting drink driving and the resultant reduction in offences. Common sense would however imply that given the impact and resonance of previous television campaigns- a correlation does exist, and failure to continue this means of preventative action could be costly. We are however autonomous creatures with our own ability to make a judgement. In order to earn the write to drive, as well as grasping the more technical and hands-on aspects of handling a car, you have to demonstrate good judgement and an ability to abide by the laws of the road. In addition to these demonstrable skills you must possess full knowledge of the rules and regulations which pertain to driving - the illegality of drink driving is amongst this body of requirements. As such, every driver is aware of the dangers of drink driving and shouldn't need to be reminded of the risks and threat to health and safety by a media campaign.

The penalties for drink driving are severe, and with good reason. For the sake of drivers, passengers, pedestrians and anyone who cares about any of these individuals, nobody should even consider driving under the influence of alcohol. Without any doubt though, some people will and the consequences can and very often will be disastrous.

NEVER drive intoxicated.

This tip is yet another of those obvious ones.  But people still do it ALL the time.

To be honest, there really is no excuse for drinking and driving.  Besides simply being responsible and having a designated driver on nights out, there are so many additional services for all different occasions.

If you're not sure of your blood alcohol level:

• Buy a breathalyzer by searching a€œbreathalyzera€ in the Google Product Search.  Prices range from as low as to 0.  Most breathalyzers go for approximately .
• Calculate your blood alcohol level using applications for your smart phone
  • a€œR-U-Buzzed?a€ IPhone application by the Colorado Department of Transportation (Free on ITunes).
    

• Do it the old way. Use a trusty chart.  I recommend you print a copy and have it in your car at all times.

If you went alone or everyone in your party is intoxicated:

• Take public transportation
• Take a taxi. 
  • If you went to a restaurant or bar, they should be able to recommend a few different taxi services.
  • You can also call 1-800-GOOG-411 for no cost and ask for a taxi service in your area.
  • There are also several IPhone applications that connect you to a taxi in your area, using GPS functionality.  Try a€œRocket Taxi,a€ a€œCall A Taxi,a€ a€œCab 4 Me,a€ and many more!
  • Carpool.  Only one sober driver?  Pitch in for gas and ask for a ride.  However, if you suspect at all that that person has been drinking, be safe and don't take the risk.
  • Hire a designated driver.  Search for a service in your area and save their phone number in your phone.  Often times they will let you rent drivers by the hour.  Besides having a sober and insured driver behind the wheel, you have the added comfort of being able to take your car home that night.

Now, some of these services may cost more than you want to on your one night out.  However, compared to the cost of a DUI, these prices are dirt cheap.  Here are the costs associated with a DUI (not including personal injuries, medical costs, lost pay, or vehicle damages):

• Minimum fine: $ 390
• Penalty Assessment: $ 666
• State Restitution Fund: $ 100
• Alcohol-Abuse Education Fund: $ 50
• Blood or Breath-Testing Fee: $ 37
• Jail Cite-and-Release Fee: $ 10
• Driving/Alcohol-Awareness School: $ 375 (16 weeks minimum)
• License Reissue Fee: $ 100
• Attorney Fees (average): $ 2,500
• Auto Insurance Increase: $ 3,600 - ,600
  (The Auto Club estimates ,200 a year for 3 years)

Total ,828 - ,828

(Credits to FriendsDriveSober.org and Mothers Against Drunk Driving)

To learn more about the dangers of drinking and driving, visit the following organizations:

• Alcohol Alert
• Center for Disease Control
• Mothers Against Drunk Driving

And remember, if you or a loved one is hit and consequentially hurt by a drunk driver, consult a personal injury lawyer as soon as possible.  Some consolidated sources to find a personal injury lawyer include:

Car Accident Injury Helpline: http://www.caraccidentinjuryhelpline.com/

Personal Injury Helpline: http:// www.injuryhelplinelawyer.com/

For more tips, please go to my blog at: http://helpcaraccident.wordpress.com/