The most recent report from the National Highway Traffic Safety Administration (NHTSA) on motorcycle accidents, injuries and deaths reveals Florida has more motorcycle deaths than anywhere else in the country. The total number of motorcyclists killed in the state in 2013 was 467. The only other states that came close to that were California, with 435 motorcycle deaths, and Texas, with 457. Those states have twice the population of Florida.

What’s more, while motorcyclists accounted for just 7 percent of licensed motorists in Florida, they accounted for one-fifth of motor vehicle deaths. 

Exacerbating the issue is the fact that Florida does not require motorcycle helmets for 21-and-over riders, lending many a false sense of security. The motorcycle helmet law in Florida was repealed in 2000, with the caveat that riders needed to have adequate medical insurance. Just one year after the the law was repealed, there was a nearly 50 percent increase in the number of motorcycle occupant deaths.

It’s a troubling trend that has unfortunately continued.

A recent survey by AAA Consumer Pulse revealed almost 1 in 5 motorcyclists don’t have auto insurance for their bike, and fully a third in Florida don’t believe they should be required to wear helmets. One in seven do not wear them on a regular basis.

Every motorcycle death has a reported economic cost to society of $1.48 million, which includes medical expenses, emergency service costs, insurance administration costs, workplace losses, property damage, loss of productivity and legal and court costs. That means in 2013 alone, Florida’s economic losses for motorcycle accident deaths – not including those who survived – was more than $691 million.

Our injury lawyers do understand that helmet use is a controversial issue among riders, who say it flies in the face of the free-ride spirit. And to be clear: The decision not to wear a helmet will not reduce the potential damages awarded in a personal injury or wrongful death lawsuit.

Still, it’s important to note that motorcycle helmet use is effective in reducing the risk of brain injury and fatality. Those who do wear helmets have a 73 percent lower risk of death than those who do not and an 85 percent reduction in the risk of serious, severe and critical injuries.

Another serious issue among motorcyclists: Alcohol impairment. Almost 30 percent of the motorcyclists who died in 2013 in Florida had a blood-alcohol level of 0.08 or higher. Thirty-four percent had a BAC of 0.01 or higher.

Motorcyclists who died in nighttime crashes were four times more likely to be impaired by alcohol than those killed in daytime collisions.

This is deeply concerning because motorcyclists, perhaps even more than other drivers, have to be alert and drive defensively. The recent AAA survey indicated 57 percent of drivers are concerned that they won’t be able to see a motorcyclist until it’s too late to avoid a crash.

Bike Week in Daytona is expected to draw some 500,000 motorcyclists over the course of 10 days, from March 4 through 13th. There will be a host of shows, contests and rallies, as well as performances by the Charlie Daniels Band and the Marshall Tucker Band.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Fla. has the most motorcycle fatalities in the nation, March 2, 2016, By Bruce Hamilton, The Morning Show Anchor, News4Jax

The nature and severity of the penalty depends upon the amount of alcohol that the defendant has consumed. In general, a blood alcohol content (“BAC”) level above 0.08% is deemed to be legal intoxication (“DWI”). A BAC between 0.05% to 0.07% constitutes driving while a person’s ability to drive is impaired (“DWAI”). A person can also be convicted of DWAI if he or she has used a combination of drugs and alcohol or a combination of the two.

A first DWIA violation is punishable by a fine from $300 – $500, a maximum jail term of 15 days, and a 90-day suspension. Penalties for DWI convictions become more severe for subsequent convictions. For example, a third DWAI conviction in 10 years can entail a fine ranging from $2,000 to $10,000, a 4 year jail sentence, and a minimum one year revocation. A BAC of 0.18% is deemed to be aggravated DWI (“DWI AGG”), and the penalty for a first violation is a fine of $1,000 to $2,500, a maximum jail term of 1 year, and a minimum revocation for one year. A third AGG-DWI conviction in ten years requires a minimum fine from $2,000 to $10,000, a minimum jail term of seven years, and license revocation for at least 18 months.

This blog does not have enough space to discuss the many subtleties in the scheme of punishment for DWI and DWAI violations. Anyone facing allegations of having committed such a crime may find a conference with an experienced criminal defense attorneys. Such a lawyer can provide a helpful evaluation of the facts and the governing laws and an estimate of the probability of obtaining a favorable plea bargain or an outright acquittal.

Source: New York Department of Motor Vehicles, “Penalties for alcohol or drug-related violations,” accessed on Dec. 4, 2015

A boat operator with a blood alcohol content (BAC) of 0.10 percent is 10 times more likely to have a boating accident than a sober boater. That is a statistic to make people think twice about drinking and boating.

If the boater is inexperienced, speeding, not mentally sharp and clear-headed and his or her inhibitions are relaxed due to the alcohol, a consequence of boating may be a collision that causes serious injury or death to the driver and/or their passengers. Alcohol is the number one cause of fatal boating accidents, and U.S. Coast Guard statistics prove that year after year.

No matter where the boating is taking place — a lake, river, pond or ocean — there are no traffic lanes, a factor that greatly increases the chances of collisions on open waterways. People tend to have more experience driving on the roads than in the water, and thus people have less confidence boating than driving. Most people who go boating only do so an average of 110 hours per year.

To have an enjoyable and safe boating experience, make sure you know the rules of handling watercraft and be aware that boating can go awry at a moment’s notice.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Under New York law, every driver is deemed to have given permission to police, as a condition of receiving a driver’s license, to determine his or her blood alcohol content level (BAC) if a police officer has “reasonable grounds” to believe that the person has been driving under the influence of alcohol. The BAC level may be tested by analyzing a person’s breath, blood, urine or saliva, but the most common method is the use of a device known as a breathalyzer.

Before administering such a test, the police officer must inform the suspect that refusing to take a breathalyzer test will automatically cause his or her driver’s license to be revoked for not less than one year. If the driver then refuses to take a breathalyzer test, his or her license is immediately suspended for fifteen days pending an administrative hearing. If the evidence at the hearing shows that the officer in fact had reasonable grounds for believing that the driver was drunk, the license will be revoked for one year, and the driver may be fined $500. This decision may, under certain circumstances, be appealed.

Refusing a breath test can have serious consequences. In the modern age of cell phones, a person who has been stopped and asked to take a breath test can contact an attorney with experience in defending DUI cases. The attorney can evaluate the situation and provide helpful advice about whether to take the test or refuse it.

Source: New York Vehicle & Traffic Laws, §1194, accessed Nov. 22, 2015

A boat operator with a blood alcohol content (BAC) of 0.10 percent is 10 times more likely to have a boating accident than a sober boater. That is a statistic to make people think twice about drinking and boating.

If the boater is inexperienced, speeding, not mentally sharp and clear-headed and his or her inhibitions are relaxed due to the alcohol, a consequence of boating may be a collision that causes serious injury or death to the driver and/or their passengers. Alcohol is the number one cause of fatal boating accidents, and U.S. Coast Guard statistics prove that year after year.

No matter where the boating is taking place — a lake, river, pond or ocean — there are no traffic lanes, a factor that greatly increases the chances of collisions on open waterways. People tend to have more experience driving on the roads than in the water, and thus people have less confidence boating than driving. Most people who go boating only do so an average of 110 hours per year.

To have an enjoyable and safe boating experience, make sure you know the rules of handling watercraft and be aware that boating can go awry at a moment’s notice.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

His truck ended up facing backwards on the highway, and as it came to rest, a tire came loose and rolled away from the scene. The first patrol car hit was totalled. On being arrested, his field sobriety test indicated his BAC was .15, above the legal limit of .08. But for the silent dash cam witness to the event, the whole debacle could have deteriorated into a finger-pointing contest of who did what when determining how the event happened.

While some drivers question the reason for having a dash cam, an incident such as this one clearly demonstrates that you cannot argue with what has been recorded of a crash or other event. And when the dash cam happens to be mounted in a police cruiser, it is even harder to mount a reasonable defense against a drunk driving charge.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The accident occurred when Carmona, driving east in a westbound lane, entered an exit ramp at the Sam Houston Tollway near Humble. He collided head-on with the pick up truck driven by Valentin Garcia, father and husband of the vehicle’s occupants. The accident scene revealed that five of the six family members in the Ford pick up truck hit by Carmona were killed in the wreck. An adolescent girl, 15-years-old at the time, survived with serious injuries and remains in a wheelchair today.

Stories like this one are becoming far too common, and law enforcement officials in Harris County are pleading with all residents to take to social media to talk about the dangers of drinking and driving in order to prevent these accidents in the future.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Barksdale’s parents elected to file a wrongful death lawsuit against fraternity Sigma Alpha Mu and the chapter’s 2013 vice president, president and another chapter brother, after an autopsy indicated their son had died of alcohol poisoning. His BAC was four times over the legal limit.

According to court papers, chapter members handed the young man a 1.5-liter full bottle of vodka and forced him to drink it all. Apparently the fraternity chapter held the initiation party off campus because they knew there would be underage drinkers in attendance. The fraternity did not notify the university of the event.

Although 18-year-old Barksdale did not drink the whole bottle, he was severely intoxicated and collapsed at the party. Although fraternity brothers did realize Anthony was completely drunk, they took him outside and left him there, unattended. No one thought to seek medical assistance or call for emergency help.

Several hours later, Barksdale was brought back into the apartment building and deposited on the couch, but again, nothing was done to help him. It was not until he threw up that people realized he needed help and placed a call to 911. As emergency responders were on their way, another partygoer performed CPR and succeeded in temporarily reviving him. But he passed out once again and quit breathing. EMS arrived on the scene just after midnight but could not revive him. He died at the hospital.

The family hopes that their wrongful death lawsuit sends a strong, clear message that this kind of event should never happen again — to anyone.

In the meantime, the family had to deal with the pressing necessity of an expensive funeral and burial plus end of life medical assistance. They may find the right financial solution online by applying for a lawsuit loan from a litigation funding company.

Pre-settlement funding can be a lifesaver in situations like this one where the family is suddenly tasked with trying to find enough money to pay for unexpected bills. A lawsuit loan allows them to pay all of their expenses, including the usual and the extraordinary, while they take time to heal and consult with legal counsel for case preparation.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

A recent report released by the NHTSA outlines the disturbing fact that in 2010 alone, there were 13,323 fatalities as a result of individuals driving while impaired. Meanwhile, 430,000 nonfatal injuries racked up a cost of approximately $60 billion.

Together, the comprehensive costs (direct costs such as insurance and medical care) and the cost of lost quality of life returned at $242.6 billion.

It is not all bad news, though. The report also outlines that previously, at least 50 percent of deaths happened as a result of alcohol related collisions. The number has declined to about 40 percent over the last few years.

States are currently debating a NHTSA proposition to lower the BAC to 0.05 percent. While this change would not eliminate the risks associated with driving impaired, it may reduce them, as drivers below the 0.08 threshold have still wreaked deadly havoc across the United States. More than 100 countries have already lowered their levels to 0.05 or lower.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

According to Southfield police, Benson’s blood alcohol content (BAC) was 0.244 on June 29, when he was found hunched over the steering wheel of a city-issued Ford Crown Victoria on the southbound Southfield Freeway service drive near Eight Mile. He was released after posting a $500 bond the morning following his arrest.

Benson’s reported BAC was significantly higher than the 0.17 definition for super drunk driving, and much higher than the 0.08 cutoff for a … read more

According to police, his blood alcohol content (BAC) was twice the legal limit.

But for a local crackdown on texting while driving, the man may have escaped apprehension. Officers were out on patrol in a designated area along the interstate when one policeman noticed a driver texting while driving unsafely at highway speeds. 

Police discovered the young man was holding his cell phone with it on speaker. He insisted that this action counted hands-free phone use. This false belief, held by many motorists, is dangerous. The actual law states that it is illegal to hold a cellphone in your hand while driving for any reason.

His breath sample confirmed suspicions of his alcohol use after he had been taken back to the police station.

The 23-year-old was charged with driving while under the influence and with driving while having a blood alcohol content of over 80 mg. His license was suspended for 90 days, and his vehicle has been impounded.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Kings, 20, was charged with driving under the influence (DUI) with a blood-alcohol content (BAC) of 0.17 or higher and with operating while intoxicated by alcohol, a controlled substance or a combination (OWI). 

Both charges are misdemeanors, but driving with a BAC of 0.17 falls under Michigan’s “super drunk” driving law and is associated with higher penalties than … read more

There are at least three grieving families who may soon file wrongful death lawsuits against him in civil court. Numerous hospitalized individuals may wish to obtain compensation for the injuries that resulted from Owens’ actions.

If you are ever in a similar situation, do not hesitate to reach out to an experienced DWI plaintiff’s lawyer. Legal counsel is the best step toward justice, and your attorney will ensure that your rights are protected.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Currently, scientists are working with two different technologies that would detect your blood alcohol content by touch, or by sampling the air you breath out within the confines of your vehicle. If these new technologies stop people from driving and potentially killing themselves and others, this is a major victory. What is sad is that mankind had to get to this point in the first place. What happened to being responsible for our own actions, including not drinking and driving?

The National Highway Traffic Safety Administration (NHTSA) has agreed to allow auto makers to develop the Driver Alcohol Detection System for Safety (DADSS), a system that detects whether a driver’s blood alcohol content (BAC) is over the legal limit of 0.08 percent. This system is not to be confused with alcohol-detecting interlock systems.

DADSS is being developed to be completely reliable, unseen and accurate, with the goal of stopping a drunk driver from getting on the road. This is a laudable goal, given than alcohol is a major factor in about one-third of all fatal accidents. In 2012 alone, deaths caused by drunk drivers was over the 10,000 mark, which is 5 percent higher than in 2011.

Evidently, at least $6.5 million in research funds has been directed to developing a viable BAC-detection system that responds to touch or breath. Car makers hope to have the technology in place by 2015. In the meantime, researchers are attempting to figure out where to position the touch sensor and the breath sensor.

Will this technology work? There is hope that it will. If it does, it may take more drunken drivers off the road and save more lives.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

In Michigan, the legal blood alcohol content (BAC) for operating any kind of watercraft is 0.10. If an operator has a BAC at or above this limit, he or she can be charged with boating under the influence. As with drunk driving, a boater can also be charged with being “visibly impaired” while operating a boat. … read more

While the legal blood alcohol content (BAC) limit for drivers age 21 and older is 0.08, drivers under the age of 21 can receive a drunk driving charge if their BAC is 0.02 or higher. An exception exists if the person consumed the alcohol in conjunction with an established religious ceremony.

For a first offense, a driver under age 21 with a … read more

According to the NTSB, 90 percent of all transportation-related deaths occur in motor vehicle accidents. Many of these involve alcohol or drug impairment and are therefore considered completely avoidable. In the past decade, more than 119,000 people have been killed in auto accidents involving alcohol impairment. According to a AAA study, about one in seven drivers admits to having driven when suspecting him- or herself to be over or close to the legal BAC limit.

The problem extends beyond alcohol. Over-the-counter, prescription and illegal drugs can also cause impairment. The National Survey on Drug Use and Health found that more than 10 million people admitted to driving under the influence of illegal drugs within the previous year.

Efforts to prevent impaired driving can be divided into general deterrents and specific deterrents. General deterrents are aimed at the general public, and they include legal limits on blood alcohol content (BAC) and high-visibility enforcement campaigns. Specific deterrents are used to encourage those who have been caught driving while impaired to refrain from doing so again. These include jail terms, fines and license revocation.

The NTSB points out that conventional deterrents are often ineffective in cases where the individual has a substance abuse problem. Driving While Intoxicated (DWI) courts aim to change offender behavior by focusing on accountability and long-term treatment with close, comprehensive supervision.

The agency has also highlighted technological advances for curbing impaired driving. Passive alcohol sensors are small electronic devices built into police flashlights or clipboards that detect alcohol in the ambient air. They do not require a suspect’s cooperation, as they can work from outside a vehicle’s open window. Ignition interlock devices can be installed in offenders’ cars, requiring them to breathe into the device for a BAC reading before the car can be started.

The NTSB advocates a reduction of the BAC at which a driver is presumed impaired from the current 0.08 percent to 0.05 percent. It also recommends incorporating the use of passive alcohol sensors into enforcement efforts, expanding the use of ignition interlocks and developing best practices for DWI courts.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Last year, the National Transportation Safety Board (NTSB) suggested that the states lower the legal drinking limit to 0.05 (from the present 0.08). The NTSB pointed out other nations have already taken such measures. In addition, recent studies show that some people are already impaired with a 0.07 BAC. Allegedly, when someone’s BAC is 0.05, the risk of involvement in an accident increases. More than 4 million people admit to drinking and driving. Lowering the legal limit could save up to 1,000 lives each year.

While it may make immediate sense to lower the legal drinking limit in Texas, note it took 21 years to change the legal limits to their current standards. Nonetheless, the change would provide a powerful starting point.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

The accident scene in this case was a collection of torn and twisted metal, busted glass, torn off vehicle parts and incensed drivers. The man who caused the collision ran a red light at an intersection. Police determined later he had been going so fast, even if he had applied the brakes, the accident would have still happened.

A 2012 BMW and a Jeep Cherokee met in a clash of metal and screaming tires in the middle of the road. The Cherokee driver was incensed to the point of inarticulate rage and let police know the BMW driver went right through the red light at a high rate of speed. Other eyewitnesses saw the BMW driver weave all over the road.

It turned out that the driver of the BMW, and his passenger had both been drinking, and the driver did not have a license on him. Both car occupants refused to take a field sobriety test and the agitated, aggressive passenger was restrained to permit the police to conduct their investigation. Although the driver said he only had one Scotch with his lunch, he blew a blood alcohol level of .17 percent. Police charged him with running a red light, speeding and DWI, as they were instructing a tow truck driver to remove his car.

For those who have been involved in a car accident with a drunk driver, do not waste time trying to deal with insurance companies or the police. If you want the case resolved and need compensation to pay your medical bills and make up for lost wages, as a result of injuries, then speak to a competent and experienced Austin injury lawyer. Insurance companies only want a case settled cheaply and quickly, which is not in the best interests of an injured victim.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.rwleelaw.com or calling 512.478.8080

Many of the calls emergency dispatchers receive must be transferred to other jurisdictions and the 911 callers may not be present to see the driver they suspected of driving while inebriated, but both Texas dispatchers and police have stated that passing motorists are a great help. The director of Mothers Against Drunk Driving, Jeff Miracle, says that he speaks to someone approximately once a month who feels they called 911 to report a potentially drunk driver, only to have to eventually give up when an officer did not arrive in time to make a stop. But, says Miracle, he knows the police are trying to catch as many drunk drivers as possible.

The police have stated that the 911 calls from a concerned citizen often must be transferred from one jurisdiction to another as the driver crosses county lines and other police departments must become involved. A typical department may have as few as half a dozen officers in the DWI unit, and those officers cannot be throughout the city. A citizen call to 911 can be the crucial connection which allows a DWI officer to respond to suspected drunk driving in an area through which pass thousands and even tens of thousands of cars.

When someone calls 911 to report a suspected inebriated driver, dispatch operators are trained to ask specific questions, including the cross street, direction heading, a description of the vehicle, the color, the license plate, and what direction in which they are heading. While an individual can follow the driver if they feel safe doing so, the decision to do so is voluntary.

Of the approximately 182,000 911 emergency calls the city of Irving received last year, it is estimated that close to 2,400 of those calls were for suspected drunk driving. In 2011, there were more than 2,500 DUI-related car accidents in Texas, which resulted in more than 3,000 deaths.

In Texas, it is a crime to drive with a blood alcohol content concentration (BAC) of 0.08% or more. More restrictive laws apply for commercial drivers. Commercial vehicle operators must not have a BAC of 0.04% or more. Minors (individuals under age 21) commit an offense if driving with a BAC of 0.01% or more.

At The Hale Law Firm, we have helped thousands of clients successfully prosecute their personal injury claims including auto accidents, wrongful death, dangerous products, brain injuries, burn injuries, and defective medical devices. Clients depend on their personal injury lawyers for guidance and legal advice across a broad range of personal injury accidents. To learn more, visit http://www.hale911.com/ or call 972.351.0000.

The driver at the time of the initial stop must pay close attention to officer’s questions about whether the driver will consent to take certain tests. Almost always the officer will first ask the driver if he will agree to do some field sobriety tests for the officer (FSBT). These tests will include certain physical coordination tests like the walk and turn test and the one-leg stand tests. Included among these tests in many instances will be the preliminary breath test where the officer requests the driver to blow into a hand-held device to gather physical evidence that the driver has imbibed an alcoholic beverage. There is no penalty for refusing these tests, but neither refusal is an advantage to the driver. (See blog of 11/2/12). The officer, when asking the driver whether he will take the preliminary breath test, may, if the driver refuses, THEN ask the driver if he will take the breath-test at the station, and at this point, the officer should read the implied consent law to the driver. Normally, this question as to whether the driver will take the breath-test at the station is not asked until the driver is arrested and is at the station; however, we have seen instances where the officer asks that question, or says he did, while at the site of the initial stop.

Once the driver is at the station or county jail and the arresting officer has read to the driver Missouri’s Implied Consent Law to him, the officer puts the question to the driver: “I have probable cause to believe that you were operating a motor vehicle while under the influence of alcohol. I want you to give a breath sample into the breathalyzer. Will you give that sample?” (Assuming the officer believes the driver to be intoxicated by alcohol rather than drugs.) Now the officer has formally and correctly triggered the Missouri Implied Consent law that obligates the driver to either consent to take the test requested or refuse. The officer has no obligation to give the driver legal advice and will not do so; however, the law says that if the driver requests to call an attorney, the officer must give the driver twenty minutes within which to consult with a lawyer. The law does NOT require the officer to notify the driver that he or she can have twenty minutes to contact an attorney for advice, the officer is only obligated to honor such a request. After the twenty minute period has expired, whether or not the driver has been able to consult with counsel, the officer will tell the driver it is now time to take the test. The driver cannot refuse because he was unable to contact a lawyer.

Generally, assuming the driver has no previous pleas of guilty or convictions for an alcohol/drug related driving offense, and no previous alcohol-drug related suspensions or revocations, he is going to ultimately be better off taking the tests requested by the officer. If the driver takes the tests and the tests show that his blood-alcohol is under eight-hundredths of one percent by weight, and that result is not wholly inconsistent with the officer’s observations so that a second test is not administered, the officer could very well decide neither to issue a summons nor request an arrest warrant for the offense of driving while intoxicated; or, if the officer does decide to issue the summons despite the low test result, the prosecuting attorney may well decline prosecution. If the prosecutor charges the driver despite the low BAC, the driver has a powerful tool with which to persuade the trier of fact that he is not guilty. If the driver’s BAC proves to be in excess of the eight- hundredths of one percent limit, then his driving privileges will be suspended for a period of 90 days (as opposed to a revocation for one year for a refusal), and will be eligible to apply for a limited driving permit after 30 days (as opposed to after 90 days for a refusal).

The astute reader will pick up on the use of the word “Generally” with which I commenced the above paragraph. As with most things in life, there are going to be exceptions. Under the scenario described above, if the driver tests over the legal limit, he is about 99% assured that he will lose his driver’s license for the prescribed period. This “administrative suspension” is handled entirely by the department of revenue. Though the driver is entitled to a hearing on the matter, the attorney prosecuting the suspension for the department of revenue is a department of revenue attorney and the administrative officer deciding the issue of suspension is likewise a department of revenue attorney. As a practical matter, provided the officer operating the machine is properly certified, all the department of revenue has to show at the hearing is that the driver was operating a motor vehicle and at the time his blood alcohol level was at a level of eight-hundredths of one percent or higher, or that the blood test-salvia-urine test showed the driver to be under the influence of a drug.

By refusing the test, the driver is able to place his driving privileges in the hands of the local prosecuting attorney who will in most cases be representing the State on the forthcoming driving while under the influence/intoxicated charge rather than in the hands of the Department of Revenue. Because the driver’s attorney on the DWI charge will also be representing him on the Refusal matter (there is a vehicle by which the driver can challenge the officer’s claim that the driver knowingly refused to consent to the requested test), the driver’s skilled lawyer may very well be able to negotiate a “package” deal with the local prosecuting attorney that will entail the driver’s driving privileges not being revoked or suspended. The driver is able to obtain a temporary driving permit while these negotiations are proceeding. The prosecutor, in exchange for agreeing that the driver’s driving privileges will not be revoked, will almost certainly drive a harder bargain in dealing with the DWI offense than he would have had the driver taken the requested test and had his driving privileges suspended by the department of revenue.

The next blog will cover what conduct on the part of the driver may be considered a refusal as well as the dilemma of drivers who have had a previous alcohol/drug related driving offense.

**DISCLAIMER: This article is intended to provide general information and is not and should not be taken as specific legal advice or as creating an attorney/client relationship with any reader. Any specific situation requires specific legal advice. Anyone facing a legal problem should contact an attorney for specific legal advice and should not rely solely on any information contained in this article. An attorney licensed in the state of Missouri writes all articles and all legal information discussed addresses the law as it stands in Missouri at the time of writing. Not only may there be significant differences in how the law would be applied in Missouri versus other states, the law is not static and can change over time. Nothing in this article is intended to have any relevance outside of the state of Missouri and should be taken as general information only, not legal advice.

The more severe penalties include a one year treatment program. This is the longest treatment requrement… read more