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  DWIs: You drink, you drive, you lose--a lot
Criminal defense attorney Dave Ayers of St. Paul, Minn., tells his children the same thing he tells his clients and the many student and parent groups that he's lectured to over the last 25 years: "Don't get behind the wheel if you've been drinking. It's much cheaper to call a cab or your parents than to pay me and the state and risk losing your license, your job, and more.

He delivers this message even more passionately this time of year, when young people are gearing up for proms and graduation parties.

Whether your state calls it DWI (driving while intoxicated) or DUI (driving under the influence), the National Highway Traffic Safety Administration's (NHTSA) sums it up best in its impaired driving campaign: "You Drink & Drive. You Lose." According to NHTSA, in 2002, 17,419 people were killed and 258,000 injured in alcohol-related motor vehicle crashes. The vast majority of deaths--15,000--occurred in crashes that involved at least one person who had a blood alcohol concentration (BAC) of at least .08, the legal limit for drivers in most states. Last year 2,000 young people ages 15-20 died in alcohol-related crashes.

Ayers said parents and students are shocked to learn what is at stake for people who drive while impaired by alcohol, especially young people with just small amounts of alcohol in their systems. He said that in Minnesota--one of just a few states that still has a BAC limit of .10--a first-time DWI is a misdemeanor offense that can result in:

  • Up to 90 days in jail
  • A fine of up to $1,000
  • Probation of up to two years with a $180 probation fee
  • Substnace abuse assessment of $150 required by state statute to determine if there is an alcohol problem
  • addiction treatment if needed, which can cost thousands of dollars
  • Attendance at a MADD (Mothers Against Drunk Driving) victim impact panel, where you hear from families of people whose loved ones have been killed or from victims who have been severely injured by a drunk driver
  • Attendance at substance abuse education classes, which can cost about $150
  • Driver's license revocation of 30-90 days
  • Driver's license reinstatement fee of $700
  • Cancellation of automobile insurance, requiring you to buy risk insurance, which costs about twice as much as regular insurance
  • Attorneys' fees of about $2,500-$3,000
  • Towing fee of $133-$175 and storage fees of $18 per day

In all, that DWI can easily cost $5,000, not to mention the time and effort to address non-monetary penalties and requirements. Ayers said if a Minnesota police officer arrests you for DWI, the vehicle is impounded and an "inventory search" is conducted. If drugs or other contraband are found, you can be prosecuted for that too, and your vehicle can become the property of the police.

"All of a sudden, the DWI has led to a big felony, and you are in major trouble," said Ayers. The consequences are much worse for repeat offenders or for drunk drivers who crash a car or cause injuries or death.

Zero tolerance for underage drinkers
Minnesota has a "zero tolerance" law for underage drinkers called "Not a Drop," which means there is no legal BAC level for drivers under 21 (some states allow up to .02 BAC). That means that in St. Paul, Minn., for instance, just a few swallows of alcohol for a 17-year-old driver can lead to an "underage drinking and driving" offense, with penalties similar to those for a first-time DWI. In fact, the young offender loses his or her license for six months, at least twice as long as that for DWI drivers 21 and over.

According to NHTSA, thousands of young lives have been saved since enactment of zero tolerance laws.

Adults need to understand they also risk jail time and a fine if they supply alcohol to minors--whether or not the minor drives. If an underage drinker kills or injures another person, the person who supplied the alcohol could be charged with a serious crime--felony for a death or gross misdemeanor or misdemeanor for injury--and face a civil lawsuit.

For more information on impaired driving, underage drinking and driving, and zero tolerance laws, go to NHTSA's Web site.

--Published May 3, 2004

 
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