Driving Under the Influence: The Impact of Legislative Reform on Court Sentencing Practices

1988 ◽  
Vol 34 (1) ◽  
pp. 3-27 ◽  
Author(s):  
Rodney Kingsnorth ◽  
Michael Jungsten
Keyword(s):  
Criminal Liability ◽  
Blood Alcohol Concentration ◽  
Plea Bargaining ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Bargaining Process ◽  
Legislative Reform ◽  
The Impact ◽  
The Relationship ◽  
Reckless Driving

In 1982, California introduced a number of revisions into its Vehicle Code sections dealing with the prosecution and sentencing of defendants charged with driving under the influence of alcohol. These revisions included redefining the relationship between blood alcohol concentration and criminal liability, constraints upon the plea-bargaining process, and an increase in the severity of penalties. An assessment is offered, based upon a random sample of 2,091 cases from one California county, of the impact of legislative reform on court sentencing practices. While the new law succeeded in eliminating “prior conviction” bargaining, the “reduction to reckless driving” form of bargaining, though initially substantially reduced, quickly rose again to prereform levels. Contrary to expectations, trial rates increased and rates of conviction at trial decreased. Problems of court congestion were exacerbated rather than relieved. The impact of increased penalties has been substantial for some offenders and for others negligible.

scholarly journals Comparison of the effect of lemborexant and other insomnia treatments on driving performance: a systematic review and meta-analysis

2021 ◽  
Author(s):  
Heather McElroy ◽  
Beth O’Leary ◽  
Michael Adena ◽  
Renee Campbell ◽  
Amir Abbas Tahami Monfared ◽  
...  
Keyword(s):  
Healthy Volunteers ◽  
Meta Analysis ◽  
Blood Alcohol Concentration ◽  
Lateral Position ◽  
Driving Performance ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Clinical Trial Registries ◽  
Clinically Significant ◽  
The Impact

Abstract Study Objectives This systematic literature review and meta-analysis explored the impact of lemborexant and other insomnia treatments on next-day driving performance. Methods Searches were conducted in MEDLINE ® and Embase ® on 16 May 2019, supplemented by clinical trial registries. Randomized controlled trials in healthy volunteers or people with insomnia were included if they reported a standardized on-road driving test, were published in English and included ≥1 group receiving a recommended dose of flunitrazepam, estazolam, triazolam, temazepam, brotizolam, etizolam, alprazolam, lorazepam, zolpidem, eszopiclone, zaleplon, zopiclone, trazodone, ramelteon, lemborexant, or suvorexant. Pairwise random-effects meta-analyses used the difference between each active treatment and placebo in standard deviation of lateral position (ΔSDLP). ΔSDLP of +2.4 cm, established as equivalent to a blood alcohol concentration of 0.05%, was considered clinically significant. Results Fourteen studies were included. Clinically significant differences in ΔSDLP were shown in healthy volunteers for zopiclone (10/10 studies) and ramelteon (1/1 study), and in people with insomnia for flunitrazepam (2/3 studies). Premature test termination was reported most frequently for zopiclone (5/10 studies) and was reported in two subjects for suvorexant (1/2 studies), one for flunitrazepam (1/3 studies) and one for placebo (1/12 studies). Lemborexant had no statistically or clinically significant ΔSDLP, and no premature driving test terminations. Conclusions Zopiclone, flunitrazepam and ramelteon were associated with impaired driving performance, similar to driving under the influence of alcohol. Premature test termination was reported most frequently for zopiclone, and also for suvorexant, flunitrazepam and placebo. Lemborexant had no statistically or clinically significant effect on driving performance.

4. Are a Blood Alcohol Concentration of 256mg/dl and Minimal Signs of Impairment Reliable Indications of Alcohol Dependence?

1994 ◽  
Vol 34 (3) ◽  
pp. 265-270 ◽  
Author(s):  
A W Jones
Keyword(s):  
Expert Witness ◽  
Blood Alcohol Concentration ◽  
Drunk Driving ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Blood Alcohol ◽  
Lower Court ◽  
Dna Profile ◽  
Court Of Appeals ◽  
Driving Scenario

This article describes a drink-driving scenario where a woman was apprehended for driving under the influence (DUI) with a blood alcohol concentration (BAC) of 256mg/dl1 The correctness of this result was vigorously challenged by a medical expert witness for the defence, who was actually a specialist in alcohol diseases. Despite reanalysis to confirm the BAC as well as a DNA profile to prove the identity of the blood specimen, the woman was acquitted of the charge of drunk driving by the lower court. However, she was subsequently found guilty in the High Court of Appeals with a unanimous decision and sentenced to four weeks imprisonment. This case report illustrates some of the problems surrounding the use of expert medical evidence by the defence to challenge the validity of the prosecution evidence based solely on a suspect's BAC. In situations such as these, an expert witness should be called by the prosecution to clarify and, if necessary, rebut medical and/or scientific opinions that might mislead the court and influence the outcome of the trial.

Correlating the Blood Alcohol Concentration with Outcome after Traumatic Brain Injury: Too Much Is Not a Bad Thing

2011 ◽  
Vol 77 (10) ◽  
pp. 1416-1419 ◽  
Author(s):  
Cherisse Berry ◽  
Eric J. Ley ◽  
Daniel R. Margulies ◽  
James Mirocha ◽  
Marko Bukur ◽  
...  
Keyword(s):  
Traumatic Brain Injury ◽  
Brain Injury ◽  
Los Angeles ◽  
Linear Trend ◽  
Blood Alcohol Concentration ◽  
Alcohol Concentration ◽  
Multivariable Logistic Regression Analysis ◽  
Blood Alcohol ◽  
Severe Tbi ◽  
The Relationship

Although recent evidence suggests a beneficial effect of alcohol for patients with traumatic brain injury (TBI), the level of alcohol that confers the protective effect is unknown. Our objective was to investigate the relationship between admission blood alcohol concentration (BAC) and outcomes in patients with isolated moderate to severe TBI. From 2005 to 2009, the Los Angeles County Trauma Database was queried for all patients ≥14 years of age with isolated moderate to severe TBI and admission serum alcohol levels. Patients were then stratified into four levels based on admission BAC: None (0 mg/dL), low (0-100 mg/dL), moderate (100-230 mg/dL), and high (≥230 mg/dL). Demographics, patient characteristics, and outcomes were compared across levels. In evaluating 3794 patients, the mortality rate decreased with increasing BAC levels (linear trend P < 0.0001). In determining the relationship between BAC and mortality, multivariable logistic regression analysis demonstrated a high BAC level was significantly protective (adjusted odds ratio 0.55; 95% confidence interval: 0.38-0.8; P = 0.002). In the largest study to date, a high (≥230 mg/dL) admission BAC was independently associated with improved survival in patients with isolated moderate to severe TBI. Additional research is warranted to investigate the potential therapeutic implications.

scholarly journals Racial/Ethnic Disparities in the Relationship of Alcohol-Related Injury and Perceived Driving Under the Influence from Hours of Exposure to High Blood Alcohol Concentration: Data From Four US National Alcohol Surveys (2000–2015)

2020 ◽  
Vol 55 (5) ◽  
pp. 564-570
Author(s):  
Cheryl J Cherpitel ◽  
Edwina Williams ◽  
Yu Ye ◽  
William C Kerr
Keyword(s):  
Blood Alcohol Concentration ◽  
Ethnic Disparities ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Blood Alcohol ◽  
Concentration Data ◽  
Predicted Probability ◽  
Exposure Levels ◽  
Relationship Of ◽  
Racial Ethnic

Abstract Aims To analyze racial/ethnic disparities in risk of two alcohol-related events, alcohol-related injury and self-reported perceived driving under the influence (DUI) from hours of exposure to an elevated blood alcohol concentration (BAC). Methods Risk curves for the predicted probability of these two outcomes from the number of hours of exposure to a BAC ≥ 0.08 mg% in the past year were analyzed separately for whites, blacks and Hispanics in a merged sample of respondents from four US National Alcohol Surveys (2000–2015). Results Hours of exposure to a BAC ≥ 0.08 showed a stronger association with perceived DUI than with alcohol-related injury for all racial/ethnic groups. Greater risk was found for whites than blacks or Hispanics for outcomes at nearly all BAC exposure levels, and most marked at the highest level of exposure. Risk of both outcomes was significant for whites at all exposure levels, but small for alcohol-related injury. Little association was found for alcohol-related injury for blacks or Hispanics. For perceived DUI, risk for blacks was significantly elevated at lower levels of exposure, while risk for Hispanics was significantly elevated beginning at 30 h of exposure. Conclusions Findings showed racial/ethnic differences in risk of alcohol-related injury and perceived DUI from hours of exposure to elevated BAC. Risk increased at relatively low levels of exposure to a BAC ≥ 0.08, especially for whites, highlighting the importance of preventive efforts to reduce harmful outcomes for moderate drinkers.

ALCOHOL LEVELS IN BODY FLUIDS AFTER INGESTION OF DISTILLED SPIRITS

1959 ◽  
Vol 37 (1) ◽  
pp. 43-52 ◽  
Author(s):  
B. B. Coldwell ◽  
H. Ward Smith
Keyword(s):  
Body Weight ◽  
Venous Blood ◽  
Blood Alcohol Concentration ◽  
Weighted Average ◽  
Alcohol Concentration ◽  
Whole Body ◽  
Blood Alcohol ◽  
Time Intervals ◽  
Distilled Spirits ◽  
The Relationship

Known volumes of 70-proof distilled spirits were fed to 68 volunteers, making a total of 141 separate doses. The amount of alcohol appearing in the venous blood, saliva, and urine at various time intervals after ingestion was determined by a modified Widmark method, and in the breath by the Breathalyzer. The relationship between time after ingestion, venous blood alcohol concentration (VBA), and Breathalyzer reading (BR) was as follows:(1) between 0.5 and 2.5 hours after ingestion, VBA = (BR + 0.048) ± 0.124 mg/ml;(2) between 30 to 40 minutes after ingestion, VBA = (BR − 0.071) ± 0.065 mg/ml;(3) between 2 to 2.5 hours after ingestion, VBA = (BR + 0.102) ± 0.117 mg/ml. The weighted average ratios of saliva and urine alcohols to venous blood alcohol were 1.12:1 and 1.24:1, respectively. The standard error of estimating the venous blood alcohol indirectly from the saliva alcohol was ±0.075 mg/ml, and from urine alcohol ±0.081 mg/ml when the samples were obtained from 0.5 to 2.5 and from 0.75 to 2.5 hours after drinking, respectively. Over the range of concentrations studied alcohol disappeared from the venous blood at the rate of 0.13 ±0.05 mg/ml/hr and the quantity eliminated from the whole body, per 100 lb of body weight per hour, approximated 0.4 fl. oz of 70-proof distilled spirits.

Everything Is Bigger in Texas: Alcohol Impaired Driving in Houston (2014–2018)

2020 ◽  
Author(s):  
Corissa Rodgers ◽  
Melissa Lloyd ◽  
Peter Stout ◽  
Dayong Lee
Keyword(s):  
Public Safety ◽  
Blood Alcohol Concentration ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Science Center ◽  
Impaired Driving ◽  
Blood Samples ◽  
Drug Concentrations ◽  
Populations At Risk ◽  
Alcohol Impaired Driving

Abstract Driving while intoxicated (DWI) or driving under the influence of drugs (DUID) poses a continued public safety risk in Texas, which has one of the highest alcohol impaired traffic fatality rates. This study aimed to identify alcohol and drug use trends seen in DWI/DUID cases in the city of Houston from 2014 to 2018 to better understand the populations at risk. Blood samples submitted to the Houston Forensic Science Center (HFSC) were evaluated for blood alcohol concentration (BAC), drug concentrations and demographics. During the 5-year period, 12,682 Houston driver blood samples had a mean (median) BAC of 0.151 g/dL (0.167 g/dL) and age of 36.3 (34) years. Fifty percent of samples were white males. Seventy-five percent of samples were individuals aged 21 to 44 years. Between 2014 and 2018, the number of cases submitted nearly doubled, from approximately 2,000 cases per year to over 3,700. In 2014, 23% of cases submitted required further analysis per HFSC testing policy (drug screen and confirmation for DWI/DUID cases when BAC &lt; 0.100 g/dL), which rose to 27% by 2018. Of those, 36% were polydrug cases, requiring two or more confirmation tests. Cannabinoids was the most common drug class detected (34% of cases analyzed for drugs), followed by benzodiazepines (25%), phencyclidine (20%), cocaine/metabolites (15%) and opioids (12%). Phencyclidine rose from the fifth-most commonly detected drug in 2014 to the second-most drug in 2018. Only 3% of all cases (n = 408) were negative for both alcohol and drugs. Communication between law enforcement and laboratory management is recommended to address growing caseload more effectively. The study limitations (e.g., limited scope of analysis) suggest the present data underestimated the full extent of impaired driving in Houston, indicating even more urgent needs for increasing resources and efforts to reduce this serious threat to public safety.

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