Information About DWI: Alcohol

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15 People Busted For Underage Drinking At Middletown Party

Several people face charges after Middletown police bust an underage drinking party. The arrests were made Tuesday morning at two neighboring apartments in the 1800 block of Howard. Local 12 reporter Larry Davis has more on why police are growing concerned about the latest incident involving teens and booze.

A neighbor called police complaining about the underage party. When officers arrived on the scene, they rounded up 15 people under the age of 21, including two juveniles. Police say two other juveniles took off and were never caught.

"I heard the beer cans last night hit the road." And those beer cans were still littering Howard Avenue where Middletown Police busted up the underage party early this morning. Donna Runyon lives across the street. Runyon says, "They were doing a lot of cussing and partying and running up and down the street here."

Police have charged 19-year-old Charles Allen with violating the city's keg law and contributing to the delinquency of a minor. "I hate it, I really do."

Kenny Linton owns the Howard Avenue property and was shocked to hear what happened. Linton says, "I know it's real bad. You've got underage kids drinking, and it's a total surprise to me what happened."

Linton says Allen lived in this efficiency and was remodeling an upstairs apartment to move into. Last night's arrests come just weeks after a 14-year-old boy was struck by a car on Oxford State Road. Police say he had been drinking and was seen staggering in the middle of the road when he was hit. Fortunately, the teen was not seriously hurt.

Middletown police say underage drinking is a problem that has to be taken seriously. Middletown Lt. John Magill says, "I think a lot of people look at that as harmless or kids are going to be kids, but the truth of the matter is we do have keg laws, and the bottom line is there is a danger to the safety of children and underage persons."

"Kids these days have no idea, they have not the slightest idea anymore. It's sad, and it's scary."

The landlord said Allen had a job, paid his rent and was helping fix up the other apartment that ended up being used for a party. He says Allen will be evicted, and from now on, will be careful about who he rents to.

Even though he was arrested just this morning, Allen's case has already been heard in municipal court. He pleaded guilty to the keg law violation and to one count of contributing to the delinquency of a minor. Allen was given a suspended jail sentence, fined 350 dollars and ordered to pay court costs

unk Zamboni driver pleads guilty to DWI, gets 2 years probation in Minnesota

Please recall the adventures of Joel Bruss, a 34-year-old who drove the Zamboni at the Hayes Park Arena in Apple Valley, Minn. In January, a 10-minute resurfacing of the ice turned into nearly 30 minutes of missed patches and the machine plowing into the boards.

His moments of infamy were captured on video by a 12-year-old Pee Wee player. If this were smell-o-vision, you could detect the unmistakable odor of booze:

Bruss was arrested on suspicion of drunk driving — he had been convicted three times on non-Zamboni related drunk driving charges — with a blood alcohol level of 0.32, which was four times the legal limit. An officer approached him while Bruss was on the Zamboni, from which he struggled to climb down. He failed some sobriety tests and smelled of alcohol.
The ordeal came to an end on Thursday, according to CBS Minnesota:

Joel Keith Bruss, 34, pleaded guilty to one gross misdemeanor DWI charge. Three other DWI charges were dismissed.
Bruss was sentenced to serve two years of probation, during which he may not abuse or possess alcohol and/or drugs, must complete a DWI program, and complete a chemical dependency evaluation, among other things.

Aw, man, they just left us hanging with "among other things." We'll just assume they meant "resurface the ice with his tongue."
s/t reader Eric Wisti

Arrest for Driving Under the Influence DUI General Information

I've just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
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At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
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The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?

You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
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The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified.
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For how long will my driving privilege be suspended if I took the chemical test?

If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:

A first offense will result in a 4-month suspension.
A second or subsequent offense within 10 years will result in a 1-year suspension.

If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
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Do I need a hearing to get a restricted license to go to and from work?

No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.
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The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
Both the blood or breath tests are not available, or
You are a hemophiliac, or
You are taking anticoagulant medication in conjunction with a heart condition.

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

A first offense will result in a 1-year suspension.
A second offense within 10 years will result in a 2-year revocation.
A third or subsequent offense within 10 years will result in a 3-year revocation.

Driving While Intoxicated (DWI)

When an individual is stopped/arrested upon probable cause that they were driving a vehicle while their blood alcohol level was over the legal limit, two separate sections of Missouri law govern the arrest and suspension/revocation of the driving privilege:

Criminal Alcohol Law: This law deals with the ticket that was issued. If an individual is convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to the individual’s driving record. Subsequently, an individual's driving privilege may be suspended or revoked for accumulation of points.
Administrative Alcohol Law: This law initiates a suspension or revocation of the driving privilege if an individual's blood alcohol content level is over the legal limit. This is an automatic suspension/revocation (unless appealed and won through the Administrative Hearing or Trial DeNovo process) even if the ticket was disposed of in court or reduced to a lesser charge.

Various Types of Alcohol Actions:

Alcohol Convictions

Statutory References: 302.302, 577.010, and 577.012, RSMo
Points are added to a driver's record for an alcohol related traffic conviction. See below for the number of points assessed and more information on First and Multiple Convictions.

First Convictions

First conviction for excessive blood alcohol content (BAC)
First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID)
Commercial motor vehicle .04%

A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.

Multiple Convictions

A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is normally revoked for a period of one year. A driver convicted a second time for an alcohol offense within a five-year period may also receive a five-year license denial.
A 10-year license denial is imposed against any individual convicted three or more times for an alcohol offense. After ten years, the privilege to drive can be restored only by court order.

Administrative Alcohol Arrests

Statutory References: 302.500 through 302.540
A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under section 302.500 through 302.540.
The arresting officer completes and sends information to the Department of Revenue, including the following.

Alcohol Influence Report form (AIR).
Missouri Uniform Complaint and Summons, or warrant, if applicable.
Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individual's license is taken).
Missouri Driver License, if secured.

Hearing Process

The driver has 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer's testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear.

Suspension/Revocation

If the action is upheld, the driver license is suspended or revoked based on the prior five-year driver record. If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year, and if not, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.
If the driver does not request a hearing, a suspension or revocation begins on the 15^th day after the arrest, and is final.
If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the court upholds the arrest, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the suspension or revocation is canceled and the license is returned, if applicable.
For reinstatement requirements, click here.
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Alcohol/Drug Test Refusals

Statutory Reference: 577.041
Missouri's implied consent law requires a driver to submit to an alcohol and/or drug test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.
Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled.
If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable.
For reinstatement requirements, click here.
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Reinstatement Requirements for Alcohol Convictions, Administrative Alcohol Arrests, and Alcohol/Drug Test Refusals

A person whose driving privilege is suspended/revoked/denied may have his or her driving privilege reinstated after the suspension/revocation/denial period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended/revoked/denied.
The reinstatement requirements are:
Send the following items to the Driver License Bureau, 301West High Street, Room 470, PO Box 200, Jefferson City, MO 65105-0200, before the suspension/revocation/denial period ends:

Substance Abuse Traffic Offender Program (SATOP) completion form or a comparable program form. The Division of Alcohol and Drug Abuse will notify us after you complete the program. If you have questions regarding SATOP completion forms or comparable programs, please contact the Division of Alcohol and Drug Abuse at 573-522-4020 or visit the Division of Alcohol and Drug Abuse website.
A reinstatement fee in the amount of $45. Payments may be accepted by telephone using the following debit/credit cards: Visa, Mastercard, Discover, and American Express. You may also pay in the form of a cashier’s check, money order, or personal check made payable to the Missouri Department of Revenue. Please include your full name, address, date of birth, and driver license number on the payment. The Department of Revenue may electronically resubmit checks returned for insufficient funds.
Proof of financial responsibility, commonly filed as an SR-22. Contact your local insurance company or agent for information regarding this form. You must file and maintain proof of financial responsibility for two years from the date your license suspension or revocation began. If you do not, your driving privilege will be suspended again for the remainder of the two-year period. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law.
Proof of installation of an Ignition Interlock Device (IID), if you have more than one alcohol offense, conviction, or alcohol/drug test refusal on your driving record. The installer of the device will notify us after the installation has been completed. This device must be certified by the Missouri Department of Transportation and installed on any vehicle you operate. You must maintain the device for a period of six months from your reinstatement date. Click here for a list of approved ignition interlock devices and installers, or contact Missouri Department of Transportation at 800-800-2358.

Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.
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Abuse and Lose

Statutory Reference: 577.500 and 577.525
If ordered by the court, anyone under 21 years of age may have his or her driving privilege suspended for 90 days for a first offense or revoked for one year for a subsequent offense for any one of the following reasons:

Any alcohol related traffic offense.
Any offense involving the possession or use of alcohol while operating a motor vehicle.
Any offense involving the possession or use of drugs.
Any offense involving the alteration, modification or misrepresentation of a driver license.
A second offense involving the possession or use of alcohol by someone under 18 years of age.

If ordered by the court, anyone 21 years of age or older may have his or her driving privilege revoked for one year for possession or use of drugs while driving.
The reinstatement requirements are:

Pay a $45 reinstatement fee.
Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

Minor in Possession/Other Alcohol Offenses

Statutory References: 311.325 and 577.500
Conviction
Two points are added to a driver's record for a minor in possession traffic conviction. The person must have been operating a motor vehicle.
Court Ordered Suspension/Revocation
If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons:

Purchasing or attempting to purchase any intoxicating liquor.
Possessing any intoxicating liquor.
Being visibly intoxicated as defined in section 577.001, RSMo.
Having a blood alcohol content level of more than .020 percent.

The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year.
The reinstatement requirements are:

Pay a $45 reinstatement fee.
Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

Alcohol Consumption and Traffic Crashes in US

An organization called Insurance Institute for Highway Safety keeps track of alcohol consumption and traffic accident in the U.S. It is a neutral party that investigates the reasons behind traffic crashes, injuries and deaths on the highways of America. Insurance companies help the organization by donating money for its work hoping that the results of their investigation will reduce the number of accident on the roads which is in the insurance companies’ best interest. This organization also keeps track of alcohol consumption and traffic crashes in the U.S.

Effects of Alcohol Consumption and Traffic Crashes in US

It is not easy to calculate the proportion of traffic accidents and automobile crashes that involve alcohol consumption. Getting definite numbers is not entirely possible. Even though drinking is known to elevated the chances of vehicle accidents but its presence alone is not enough to say it caused an accident. All accidents that a driver has with an elevated blood alcohol level are not caused by drinking.

Statistical Difficulties in Calculating Alcohol Consumption and Accidents

To find out the amount of accidents caused by alcohol consumption, it first has to be established how many times people in America drive while drinking and do not cause accidents. This is a stat that is rarely measured and is difficult to come by.

Results of Studies Done on Fatal Traffic Accident and Alcohol Consumption

A study done in 2002 by the NHTSA (National Highway Traffic Safety Administration) estimated a number just below 40% represented the number of all traffic deaths that happened with one of the drivers having a blood alcohol level of .08 percent or above. This stat is used to show proof that 1/3 to 1/2 of all deadly accidents are caused by alcohol consumption and that the accidents would not have happened if alcohol consumption was not somehow involved. However making this assumption is not entirely accurate and is a little misleading due to the fact that alcohol is just one of many factors which affect accident and people that drive while intoxicated.

Using estimated calculations to come up with numbers

The above stat may be accurate but it is still based partially on estimated numbers and incomplete information. More accurate studies show that only about 13 percent of all vehicle operators involved in deadly accidents in the US during a specific year were known to have had high levels of alcohol in their systems due to consumption. This number is more accurate because it is based off looking at the official records of all crashes that involve a deaths during that year in the U.S. this takes out the guess work of early studies and shows a reduced rate of alcohol consumption and traffic crashes in the U.S.

Unreported Crashes

Consider also that these studies are all based on crashes that involve fatalities because these accidents will most certainly be reported. How many accidents which involve alcohol consumption or no alcohol consumption are not ever reported to any agency? This will make you understand how many facts that are reported in the popular press which are based on guesswork and estimations are reported as fact.

Reducing factors which contribute to crashes in US

Alcohol consumption is just one factor in reducing preventable traffic crashes and there has been a drop in alcohol related crashes over the years, this does not negate the fact that we must do more to prevent drunk driving it just points to the fact that we must do even more to reduce crashes caused by all factors like a cell phone users, aggressive drivers, or sleepy drivers. They must all be reduced.