Impaired Driving – What Can Be Done?

Drinking and driving is a serious problem in the United States. With an alcohol related fatality occurring approximately every 32 minutes, state and federal highway safety officials are trying to find a solution to the nation’s drinking and driving problem. In addition, there are over 1 million arrests each year for driving under the influence (DUI). These grim statistic affects you, too – it’s estimated that 1 in 10 Americans will be involved in an alcohol related crash sometime in their lives. And not only are drivers drinking, but they’re drinking a lot – more than half of all intoxicated drivers and motorcycle operators had BACs equal to or higher than twice the legal limit.

2007 has been a bad year for Virginia, in terms of fatal traffic accidents. News reports are discussing how Virginia may top 1,000 deaths on state roads by the time 2008 rolls around. Impaired drivers are a part of this statistic, as well – in 2006, 39% of Virginia accident fatalities involved alcohol. Sadly, 16% of these fatalities were in the 15 to 20 age group, which means that underage drinkers are losing their lives in crashes.

Federal Guidance for the States

In November 2006, the National Highway Traffic Safety Administration (NHTSA) issued their 8th Highway Safety Program Guidelines, which contains guidelines for state governments to reduce the number of traffic crashes, fatalities, and injuries on public roads. Guidelines are included for program management, prevention, enforcement and prosecution, communications, and treatment programs.

While developing impaired driver programs, the states were advised to include the following:

• Task Forces or Commissions: the intent of a task force or commission is to bring together disparate groups under the common mission of reducing accidents due to impaired driving.


• Strategic Planning: Identify the problem, then develop short and long-term plans to address it.


• Program Management: Ensure the program is implemented as planned.


• Resources: Allocate sufficient resources (funding, staffing, other resources) and aim for a self-sufficient program (i.e. paid for by impaired drivers).


• Data and Records: Establish and maintain a records system, using data from already established outside source. Make the data available to interested parties.


• Communication Program: Establish an effective communication program to support the program efforts.

As far as preventing impaired motorists from causing accidents, states have been advised to:

• Promote policies and practices that ensure alcohol is only sold to individuals old enough to drink legally, and to ensure those old enough to drink are not over-served.


• Promote alternative transportation, especially during high-risk times (i.e. holidays).


• Reach out through community-based programs, including school programs, employer sponsored programs, and community coalitions and traffic safety programs.

States have also been advised to use all components of their criminal justice system - laws, enforcement, prosecution, adjudication, criminal and administrative sanctions and communications – to meet the goals of their driver impairment program. States are urged to ensure that there is coordination among all law enforcement agencies at the state, county, municipal, and tribal levels in order to effectively deter impaired driving.

Finally, the federal guidelines cover screening, assessment, treatment, and rehabilitation for impaired drivers. The goal is to prevent offenders from repeating their crime after they’ve been prosecuted for their first (or any subsequent) offense.

Virginia Takes Action

According to the Virginia Department of Motor Vehicles (DMV), Virginia has enacted some of the toughest Driving Under the Influence (DUI) laws in the country. Virginia is attempting to address the DUI problem with some new laws.

On January 1, 2008 a new law aimed at restricting the issuance of driver’s licenses to individuals convicted of DUI. The law will prohibit the DMV from issuing or reinstating the license for a person convicted of DUI or a related offense during the 3 year period following conviction. However there is an exception – the convicted individual can provide proof that he or she has auto insurance with liability limits that are double the minimum required limits. The new insurance minimums for individuals convicted of a DUI are:

• $50,000 for injury or death to one person


• $100,000 for injury or death to two or more people


• $40,000 for property damage

On July 1, 2008 another new law was enacted that allows the DMV to deny a license to an individual convicted of alcohol-related reckless driving until that person is enrolled in an alcohol safety action program. At the same time another law was enacted which lowered the BAC from 0.025 to 0.02 for triggering the ignition interlock on an automobile’s ignition system (this is the system that prevents an intoxicated driver from starting their car). In addition, this interlock device must be in place for a minimum of 6 consecutive months.

For 2008, Virginia has set the following goals to reduce the number of alcohol/drug-related crashes, injuries and fatalities as follows:

• To decrease alcohol/drug-related crashes 1% from 11,736 to 11,618 by June, 2008


• To decrease alcohol/drug-related fatalities 5% from 374 to 355 by June, 2008


• To decrease alcohol/drug-related injuries 1% from 7,543 to 7,467 by June, 2008


• To conduct an assessment of the Checkpoint Strike Force Campaign during 2008


• To increase the number of DUI checkpoints to 300 by January, 2008


• To increase participation of enforcement agencies involved in DUI Checkpoint Strike Force campaigns from 118 agencies in 2006 to 125 agencies in 2008

To achieve the above goals and reduce the number of alcohol/drug-related crashes, injuries and fatalities in Virginia, the state plans to perform the following tasks:

• To implement a statewide DUI Checkpoint Strike Force campaign (to include saturation patrols and checkpoints) supported with a comprehensive (earned and paid) media component year round with special emphasis between the months of July and January.


• To continue implementation of approved recommendations of the July, 2003 Governor’s Task Force to Combat Driving Under the Influence of Drugs and Alcohol as they relate to current efforts addressing DUI in Virginia.


• To conduct a statewide judiciary conference focusing on DUI issues for 100 judges by September, 2008.


• To conduct a SFST Training Assessment by September, 2008

Only time will tell if these measures will prove effective in reducing national and Virginia state impaired driver fatalities. In the meantime, we can all do our part – make it a part of your New Year’s resolution to not drink and drive!


The attorneys at Dulaney, Lauer, and Thomas, LLP are concerned about your safety on the road and want you to stay safe when you get behind the wheel. However, sometimes the worst happens even to those with the best intentions. If you or somebody you love has been involved in a drunk-driving accident, please contact us immediately. We are a Virginia based practice and can help you recover from the devastating effects of an automobile crash and get the compensation you deserve.