Chapter 8Chapter 8

Driving Driving OffensesOffenses

Driving under the influence of Driving under the influence of alcohol or certain drugs is a crime. alcohol or certain drugs is a crime. Every 33 minutes someone dies in Every 33 minutes someone dies in an alcohol-related crime, according an alcohol-related crime, according to the National Safety Counsel. to the National Safety Counsel. Drunk driving is the leading single Drunk driving is the leading single cause of death among young people cause of death among young people in the age range of 16 to 24.in the age range of 16 to 24.

Alcohol Alcohol

Alcohol enters your stomach, goes Alcohol enters your stomach, goes into your blood and to all parts of into your blood and to all parts of your body. your body.

It reaches the brain in about 20 It reaches the brain in about 20 minutes. minutes.

In your brain, alcohol affects those In your brain, alcohol affects those parts that control your judgment and parts that control your judgment and skill.skill.

Alcohol cont.Alcohol cont.

Some things you should know about alcohol:Some things you should know about alcohol: Alcohol is a depressant, not a stimulant.Alcohol is a depressant, not a stimulant. It’s anesthetic effects on the brain makes it “go to sleep.”It’s anesthetic effects on the brain makes it “go to sleep.” It doesn’t matter whether you drink beer, wine, whiskey It doesn’t matter whether you drink beer, wine, whiskey

or any other alcoholic beverages; it’s the amount of or any other alcoholic beverages; it’s the amount of alcohol that enters your blood that causes the problem.alcohol that enters your blood that causes the problem.

Alcohol can affect you differently at different times.Alcohol can affect you differently at different times. Once the alcohol enters your blood, there is nothing you Once the alcohol enters your blood, there is nothing you

can do to lessen the effect. Black coffee, exercise or a can do to lessen the effect. Black coffee, exercise or a cold shower will NOT sober you up.cold shower will NOT sober you up.

Alcohol is burned up by your liver and eliminated from Alcohol is burned up by your liver and eliminated from your body through your kidneys and lungs. This process your body through your kidneys and lungs. This process takes time.takes time.

Alcohol cont.Alcohol cont. If you have been drinking alcoholic beverages, you If you have been drinking alcoholic beverages, you

are in no condition to drive.are in no condition to drive. Remember that alcohol:Remember that alcohol:

Reduces the ability to judge speeds, distances and angles.Reduces the ability to judge speeds, distances and angles. Encourages the driver to take foolish risks and break Encourages the driver to take foolish risks and break

laws.laws. Impairs concentration. You may forget to fasten a Impairs concentration. You may forget to fasten a

seatbelt, turn on headlights, use turn signals, observe stop seatbelt, turn on headlights, use turn signals, observe stop signs, etc.signs, etc.

Slows reaction time in stopping and turning.Slows reaction time in stopping and turning. Limits vision; eyes become blurred and can’t focus.Limits vision; eyes become blurred and can’t focus. Reduces ability to judge one’s own condition.Reduces ability to judge one’s own condition. Causes sleepiness.Causes sleepiness. Increases anger towards other drivers.Increases anger towards other drivers.

Alcohol cont.Alcohol cont. The brain is most dramatically affected by The brain is most dramatically affected by

alcohol. alcohol. Initially, you may become more relaxed and less Initially, you may become more relaxed and less

concerned with minor irritation. concerned with minor irritation. Some physical feelings can be warmth caused by Some physical feelings can be warmth caused by

the dilation of capillaries beneath the surface of the dilation of capillaries beneath the surface of the skin, resulting in a feeling termed “flushed.”the skin, resulting in a feeling termed “flushed.”

Blood is being transferred from the vital organs Blood is being transferred from the vital organs to the extremities, which makes alcohol to the extremities, which makes alcohol dangerous for snake bite, shock or overexposure dangerous for snake bite, shock or overexposure to cold. to cold.

In hot weather, the result could be a heat stroke.In hot weather, the result could be a heat stroke.

Alcohol cont.Alcohol cont. As the level of intoxication increases, As the level of intoxication increases,

vision and coordination become impaired.vision and coordination become impaired. An unsteadiness or inability to stand or An unsteadiness or inability to stand or

walk can follow.walk can follow. The ability to think is reduced.The ability to think is reduced. Alcohol can disturb sleep patterns.Alcohol can disturb sleep patterns. An alcoholic blackout occurs when An alcoholic blackout occurs when

information is not stored properly in the information is not stored properly in the brain, causing a complete memory loss brain, causing a complete memory loss the next morning.the next morning.

Blood Alcohol Blood Alcohol Concentration (BAC)Concentration (BAC)

BAC describes the concentration of alcohol BAC describes the concentration of alcohol in a person’s blood expressed as weight in a person’s blood expressed as weight per unit of volume.per unit of volume. Example: at 0.10% BAC, there is a Example: at 0.10% BAC, there is a

concentration of 100 mg of alcohol per 100 ml concentration of 100 mg of alcohol per 100 ml of blood.of blood.

For most legal purposes, it can be For most legal purposes, it can be measured by analyzing exhaled breath measured by analyzing exhaled breath (such as using a breathalyzer.)(such as using a breathalyzer.)

The body can process 0.015% of alcohol The body can process 0.015% of alcohol per hour. If your BAC is 0.20% at 2 a.m., it per hour. If your BAC is 0.20% at 2 a.m., it will be more than 0.10% at 8 a.m. and still will be more than 0.10% at 8 a.m. and still 0.05% at noon the following day!0.05% at noon the following day!

Drunk DrivingDrunk Driving

YOU CANNOT HIDE DRUNK YOU CANNOT HIDE DRUNK DRIVING.DRIVING.

A trained police officer will notice a A trained police officer will notice a driver who has been drinking.driver who has been drinking.

Tell-tale signs are:Tell-tale signs are: SpeedingSpeeding WeavingWeaving Slow drivingSlow driving Jerking motionJerking motion Quick stopQuick stop

Penalties for Driving While Penalties for Driving While Intoxicated (DWI)Intoxicated (DWI)

11stst DWI conviction DWI conviction 22ndnd DWI conviction DWI conviction 33rdrd DWI conviction DWI conviction 44thth DWI conviction DWI conviction

11stst DWI Conviction DWI Conviction

MAXIMUM PenaltiesMAXIMUM Penalties A criminal recordA criminal record Six months in jailSix months in jail $1,000 fine plus court costs$1,000 fine plus court costs Loss of driver’s license for 90 days (180 Loss of driver’s license for 90 days (180

days if under age 21)days if under age 21)

22ndnd DWI Conviction DWI Conviction

MAXIMUM PenaltiesMAXIMUM Penalties A criminal recordA criminal record Six months in jail with 48 hours Six months in jail with 48 hours

mandatory jail timemandatory jail time $1,000 fine plus court costs$1,000 fine plus court costs Loss of driver’s license for one yearLoss of driver’s license for one year

33rdrd DWI Conviction (R.S. DWI Conviction (R.S. 14.98)14.98)

MAXIMUM PenaltiesMAXIMUM Penalties A felony criminal recordA felony criminal record 1-5 years in prison with 30 days mandatory 1-5 years in prison with 30 days mandatory

jail timejail time $2,000 fine plus court costs$2,000 fine plus court costs Loss of driver’s license for two yearsLoss of driver’s license for two years Auto may be seized and soldAuto may be seized and sold Six weeks inpatient and 12 months Six weeks inpatient and 12 months

outpatient substance abuse treatmentoutpatient substance abuse treatment Home incarceration for remainder of Home incarceration for remainder of

sentence.sentence.

44thth DWI Conviction (R.S DWI Conviction (R.S 14.98)14.98)

A felony criminal recordA felony criminal record 30 yrs in prison with 30 days 30 yrs in prison with 30 days

mandatory jail timemandatory jail time $5,000 fine plus court costs$5,000 fine plus court costs Loss of driver’s license for 2 yearsLoss of driver’s license for 2 years Auto may be seized and soldAuto may be seized and sold Six weeks inpatient and 12 months Six weeks inpatient and 12 months

outpatient substance abuse treatmentoutpatient substance abuse treatment 5 years home incarceration5 years home incarceration

DWI’sDWI’s

NOTE: with a felony record, you can’t vote.NOTE: with a felony record, you can’t vote. You may be restricted from pursuing a career in the You may be restricted from pursuing a career in the

military, dentistry, engineering, insurance, law, military, dentistry, engineering, insurance, law, medicine, and public accounting.medicine, and public accounting.

Some auto insurance companies will not sell you auto Some auto insurance companies will not sell you auto insurance!insurance!

In addition to the penalties, proof of future In addition to the penalties, proof of future financial responsibility must be filed and financial responsibility must be filed and maintained for 3 yrs from the date of conviction.maintained for 3 yrs from the date of conviction.

The court has the authority to require The court has the authority to require participation in community service wok, driver participation in community service wok, driver improvement programs, and substance abuse improvement programs, and substance abuse treatment – at your expense!treatment – at your expense!

DWI’sDWI’s

If you are driving wile intoxicated and cause a If you are driving wile intoxicated and cause a crash that results in the death of another crash that results in the death of another person, your conviction can result in a jail term person, your conviction can result in a jail term of up to 20 yrs.of up to 20 yrs.

You’ll lose your driver’s license, a great deal of You’ll lose your driver’s license, a great deal of money, and the privileges of citizenship.money, and the privileges of citizenship.

You’ll face being sued by the deceased person’s You’ll face being sued by the deceased person’s relatives for amounts that could easily exceed relatives for amounts that could easily exceed your insurance coverage.your insurance coverage.

Most important, you’ll have to live the rest of Most important, you’ll have to live the rest of your life your life knowing that you killed another knowing that you killed another human being.human being.

Drugs Drugs Driving while using drugs (e.g., Driving while using drugs (e.g.,

amphetamines, tranquilizers and amphetamines, tranquilizers and barbiturates) can be hazardous (and barbiturates) can be hazardous (and possibly lethal) because of drowsiness, possibly lethal) because of drowsiness, reduced coordination and poor judgment reduced coordination and poor judgment or risk taking.or risk taking.

It can take hours to wear off, and if It can take hours to wear off, and if combined with alcohol, the effects can be combined with alcohol, the effects can be exaggerated and increased dramatically.exaggerated and increased dramatically.

LA law provides the same penalty for LA law provides the same penalty for driving under the influence of drugs as it driving under the influence of drugs as it does for alcohol.does for alcohol.

MarijuanaMarijuana

Whereas the effects of a single drink will Whereas the effects of a single drink will diminish over an hour, it takes 5 to 6 hrs diminish over an hour, it takes 5 to 6 hrs for the effects of smoking one marijuana for the effects of smoking one marijuana cigarette to wear off, making the cigarette to wear off, making the combination of marijuana and alcohol combination of marijuana and alcohol especially dangerous.especially dangerous.

It can affect your eyesight, and with It can affect your eyesight, and with some users, it interferes with the ability some users, it interferes with the ability to judge time, speed and distance.to judge time, speed and distance.

It can make the simplest task seem It can make the simplest task seem hopelessly confusing .hopelessly confusing .

Vehicular HomicideVehicular Homicide

Under R.S. 14:32.1, vehicular homicide is Under R.S. 14:32.1, vehicular homicide is the killing of a human by an operator of any the killing of a human by an operator of any motor vehicle, aircraft, watercraft, or other motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not there means of conveyance, whether or not there is any intent to cause death or great bodily is any intent to cause death or great bodily harm.harm.

Penalties include fines of not less than Penalties include fines of not less than $2,000 nor more than $15,000 and $2,000 nor more than $15,000 and imprisonment for not less than 5 yrs nor imprisonment for not less than 5 yrs nor more than 30 yrs.more than 30 yrs.

At least one year of jail time will be At least one year of jail time will be mandatory.mandatory.

Vehicle Negligent InjuryVehicle Negligent Injury

Under R.S. 14:39.1, vehicle negligent Under R.S. 14:39.1, vehicle negligent injury is inflicting any injury by an injury is inflicting any injury by an operator of any motor vehicle, aircraft, operator of any motor vehicle, aircraft, watercraft, or other means of watercraft, or other means of conveyance when the offender is under conveyance when the offender is under the influence of alcohol or drugs and/or the influence of alcohol or drugs and/or the offender’s BAC is 0.08% or more.the offender’s BAC is 0.08% or more.

Penalties include fines of not more than Penalties include fines of not more than $1,000 or imprisonment for not more $1,000 or imprisonment for not more than 6 months, or both.than 6 months, or both.

First Degree Vehicle First Degree Vehicle Negligent InjuryNegligent Injury

Under R.S. 14:39.2, first degree Under R.S. 14:39.2, first degree vehicle negligent injury is inflicting of vehicle negligent injury is inflicting of serious bodily injury by an operator of serious bodily injury by an operator of any motor vehicle, aircraft, watercraft, any motor vehicle, aircraft, watercraft, or other means of conveyance when or other means of conveyance when the offender is under the influence of the offender is under the influence of alcohol or drugs and/or the offender’s alcohol or drugs and/or the offender’s BAC is 0.08% or more. BAC is 0.08% or more.

Penalties include fines of not more Penalties include fines of not more than $2,000 or imprisonment for not than $2,000 or imprisonment for not more than 5 years, or both.more than 5 years, or both.

Reckless Driving Reckless Driving If you operate a vehicle in a criminally If you operate a vehicle in a criminally

negligent or reckless manner, you are negligent or reckless manner, you are committing a crime punishable by a fine and committing a crime punishable by a fine and jail time.jail time.

Hit and Run DrivingHit and Run Driving If you are involved in or cause an accident, If you are involved in or cause an accident,

you are required by law to stop, identify you are required by law to stop, identify yourself and render reasonable aid. yourself and render reasonable aid.

Failure to do so may result in a fine and time Failure to do so may result in a fine and time in jail.in jail.

Flight From and OfficerFlight From and Officer A motor vehicle driver who refuses to stop, A motor vehicle driver who refuses to stop,

knowing a police officer has given a signal knowing a police officer has given a signal for him to stop, has a committed a crime for him to stop, has a committed a crime punishable by a fine and time in jail.punishable by a fine and time in jail.