Drinking and Driving Isn't Always Illegal

Last night I ran across this report from the Associated Press which purports to detail rates of "drunken driving" or "driving under the influence" throughout the country.  Some highlights:

The upper Midwest has the worst drunken driving rates in the country, according to a government report that says 15 percent of adult drivers nationally report driving under the influence of alcohol in the previous year.

The report on drunken driving relies on data obtained from the National Survey on Drug Use and Health. The survey, based on a scientific random sample of households, asked 127,283 adults in 2004, 2005 and 2006 whether they had driven under the influence in the past year.

Interesting.  Seems that a government researcher asked a bunch of adults if they have had a drink and driven, about one in seven reported they had.  Well, drinking and driving isn't necessarily illegal.  Only at the very end does this story qualify the "data" by stating:

It's illegal to drive with a blood alcohol level of 0.08 percent or higher.

In the past decade, the number of impaired drivers involved in alcohol-related crashes has remained relatively stable — from 12,348 in 1996 to 12,491 in 2006. Those figures cover drivers with a blood-alcohol level of 0.08 percent or higher.

The AP story simply adds to the negative press surrounding alcohol and driving, ignoring the fact that there are responsible adults all over the country who may have one or two drinks after work and head home - with their BAC under the legal limit.  In Mississippi, as in the rest of the country, a DUI arrest doesn't have to lead to a DUI conviction.  If you have been charged with a DUI, you need to evaluate your rights and your options.  Feel free to call me at 662.638.4089 or visit my website at www.kevinwfrye.com.

 

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