Alcohol and Driving Laws PDF

Alcohol  Alcohol is a Drug Most abused drug in America About 40% of all traffic deaths are alcohol-related Acts as a depressant Toxic—affecting the central nervous system, especially the brain Alcohol appears in blood within minutes For every ounce of alcohol...

Alcohol  Alcohol is a Drug Most abused drug in America About 40% of all traffic deaths are alcohol-related Acts as a depressant Toxic—affecting the central nervous system, especially the brain Alcohol appears in blood within minutes For every ounce of alcohol (0.015 BAC), it takes 1 hour for it to be fully absorbed  Alcohol & Your Brain Like any depressant, alcohol principally effects the central nervous system, particularly the brain. Effects: blurred vision difficulty walking slurred speech slowed reaction times impaired memory  Alcohol in Your Body Alcohol is absorbed from the stomach (20%) and small intestines (80%) into the blood stream Alcohol is carried to the liver where the process of its destruction starts Blood, carrying alcohol, also moves to the heart and is pumped to the lungs In the lungs, CO2 and alcohol leave the blood, then the CO2 and alcohol are exhaled during breathing  BAC Blood Alcohol Content (BAC)- the percent of ethanol in the blood (g/dL) Depends on: Amount of alcohol consumed The alcohol content of the beverage Time taken to consume it *****Gender Quantity & type of food in the stomach Physiology of the consumer BAC Chart for Male & Female  Testing for Alcohol The extent to which an individual may be under the influence of alcohol is usually determined by either: measuring the quantity of alcohol present in the blood system OR By measuring the alcohol content in the breath Preliminary Breath Test (PBT)- handheld device used to measure the amount of alcohol in your breath, NOT blood alcohol content (BAC)  DWI vs. DUI Driving While Intoxicated (DWI)- A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place Class B misdemeanor 3 to 180 days in jail, up to $2,000 fine, driver’s license suspension: 90 days to 1 year Driving Under the Influence (DUI)- A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system Class C misdemeanor: 60-day driver’s license suspension , up to a $500 fine 20 to 40 hours of community service, mandatory attendance in alcohol-awareness classes  Per Se Law An operator of a motor vehicle is considered under the influence of alcohol if a chemical screening test shows a blood-alcohol content of 0.08 percent or higher Below are Texas’s BAC limits: ≥ 21 years old: 0.08% Commercial drivers: 0.04% < 21 years old: Any detectable amount  Implied Consent Law To prevent a person’s refusal to take a test for alcohol consumption, the National Highway Traffic Safety Administration recommended an “implied consent” law. Adopted by all states by 1973 States that the operation of a motor vehicle on a public highway automatically carries with it the stipulation that a driver will submit for a test for alcohol intoxication if requested or be subject to loss of the license. If refuse to be tested, the officer will confiscate your license and it will be revoked for 180 days (and you’ll still be arrested and this will be used against you)  Standard Field Sobriety Test Besides the breathalyzer, there are a set of 3 tests used since 1975 to test for inebriation & are called the Standard Field Sobriety Test (SFST) 1) Horizontal Gaze Nystagmus- most accurate test at 88% 2) Walk and Turn- 79% accurate 3) One Leg Stand- 83% accurate Other Tests: Counting Alphabet Backwards Finger Count Nose Touch  Horizontal Gaze Nystagmus Horizontal gaze nystagmus (HGN) is an involuntary jerking of the eyes that occurs as the eyes move to the side When a person has consumed alcohol, nystagmus is exaggerated & noticeable Can have nystagmus due to medical reasons (diabetes, stroke, tumor, trauma)  Walk and Turn & One Leg Stand The Walk and Turn and One-Leg Stand tests require a person to listen to and follow instructions while performing simple physical movements. WAT has a person walk 9 heel-to-toe steps along a line, make a turn and walk 9 more back OLS has a person hold a foot up 6” off the ground for 30 seconds, counting aloud  Other Laws OPEN CONTAINER LAW- A person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Class C misdemeanor- can’t be arrested,