Underage drinking has always been a major issue in Arizona, and nationwide, for that matter.  But is it getting better or worse?

Since the National Highway Traffic Safety Administration (NHTSA) began recording alcohol-related statistics in 1982, among persons under 21, the number killed in drunk driving crashes decreased 73% from the record high of 5,215 in 1982 to a record low 1,398 in 2009. These fatalities account for nearly 13% of the drunk driving fatalities in the U.S. (Source: NHTSA/FARS, 2010)

Among those under 21, about two young people are killed in drunk driving fatalities for every 100,000 Americans under the age of 21. The rate of under 21 drunk driving fatalities per 100,000 population has declined 40% over the past decade. (Source: NHTSA/FARS and US Census Bureau, 2010)

Despite declines in the number of young people involved in drunk driving fatalities, more than 3 people under the age of 21 die each day in alcohol-impaired driving crashes. (Source: NHTSA/FARS, 2010)

Remember, if you or a loved one are facing a DUI, we can help ensure that your rights and freedoms are protected in this potentially life-changing event.  Use THIS FORM for a free DUI case evaluation.  Someone will get back to you right away to start your defense.

The stigma of having been convicted for a crime in Arizona can follow you for the rest of your life.  It can cause difficulties in obtaining employment, housing and basically prevent you from enjoying many of the rights of others that we take for granted.

A.R.S. Sect. 13-907 provides for Arizona’s version of expungement, or as it is called in Arizona, setting aside a judgment.  What this statute basically states is that any person who is convicted of a crime may petition the court to set aside the judgment after all the terms of their sentence have been completed.

Not every crime is entitled to petition the court, however.  Crimes that are inelegible include:

• A crime involving the infliction of serious physical injury
• A crime involving the use or exhibition of a deadly weapon
• A crime that was motivated by sexual desires
• Any crime where the victim was younger than 15 years old
• A driving/moving violation while the defendant’s license was suspended or revoked

Just because a person has completed all the terms of his or her sentence, there is no guarantee that the court will in fact set aside the judgment.  It is important that you present the case in the appropriate way, and a qualified attorney can certainly be of the utmost importance in this regard.

Having a judgment set aside in Arizona is not always required, and it may not help everyone.  However, if you have been convicted of a crime in Arizona and want to discuss your options in clearing up your record, contact us and we can help you make the right decision for your situation.

Good news, safety fans. Bad news, libertarians. Sooner or later you could be tested for sobriety by your car every time you get in the car. Takata says it’s working with TruTouch Technologies to create a blood alcohol content (BAC) reader the size of your finger (seriously) that should be 96% accurate; better than police test gear. Which begs the question why cops make you blow in a balloon if this is so much better. A safety group estimates that the system will cost at $200,  or just under 1% of the $25,000 cost of the typical new car. Safety groups say 8,000-9,000 lives could be saved each year, eventually.

TruTouch says its technology measures BAC through near-infrared light. It’s envisioned as a small fingerpad, like the biometric sensors on some laptops. Place your ungloved finger against the pad and the IR beam senses the BAC. If you’ve heard someone say, “He was so drunk, you could smell the alcohol coming out of his pores,” TruTouch has taken advantage of that. If you’re sober, the car starts. If not, it doesn’t. Right now a handful of cars are equipped with BAC blow tubes and interlocks; they’re for convicted drunk drivers who must use them as a condition of probation. They’re intrusive and they wouldn’t go over well in a Zip Car fleet. Shared car, yes; shared blow tube, no way.

Takata just received a $2.25 million grant from the National Highway Traffic Safety Administration to move forward with the device. Takata, a supplier of automotive safety components such as airbags and seat belts, will work to embed the TruTouch technology. It would take current technology, described as being the size of a breadbox (pictured right) down to a postage-stamp-size pad and a circuit board, and drop response time from several seconds to 200 milliseconds, one-fifth of a second. Susan Ferguson of the Driver Alcohol Detection System for Safety (DADSS) organization said the Takata-TruTouch immobilizer/interlock could be on the market in 8-10 years.

If, if, and if: If it does work, and if it’s ordered installed by the government, and if it it’s hard to circumvent, the US might save as many as 9,000 lives a year. Or 8,000. That’s the estimate of a site called DADSS (Driver Alcohol Detection System for Safety) sponsored by the Automotive Coalition for Highway Safety and the National Highway Traffic Safety Administration (NHTSA). Their home page says either 8,000 or 9,000 lives (take your pick of the text or the callout) could be saved. They don’t say it, but they’re referring to 20 to 30 years down the road: The device is a decade away (say 2021) and scrappage (the typical life of a car before being junked) is 11 years, so that’s 2032 until many not all pre-2021 models are junked, and around 2040 when they’re essentially gone. In other words: big life savings are a generation away. It doesn’t take a genius to figure out that hardcore drinkers, the ones who keep on drinking and driving until they’re caught and imprisoned, will hunt around for cars without the interlocks.

Will it be mandatory? At this point, NHTSA says no, and there goes your possible 8,000-9,000 saved lives. NHTSA’s statement: “[TruTouch] is seen as a potential tool for keeping drunk drivers from being able to operate their car if their blood-alcohol concentration is at or above the legal intoxication limit (.08 or higher). The technology could be voluntarily installed as an option for new cars and signal a new frontier in the fight against drunk driving.” TruTouch also makes industrial BAC analyzers with the finger-scanning technologies and sees the in-car fingerprint reader could also be used on fork-lift trucks, trains, and perhaps factory machinery that injure the unattentive worker.

Even without safety interlocks, drunken driving fatalities are way down, from about 60% of the 50,000 annual fatalities a generation ago to about 32% in recent years, or about 10,500 of the 32,788 motor vehicle crashes in 2010, according to Department of Transportation 2010 Traffic Safety Facts report. Much of the decline comes from tougher enforcement and the fear of getting caught, and safer vehicles are also responsible. Airbags already save a lot of drunks who didn’t buckle up.

• By Bill Howard on September 28, 2011  – ExtremeTech.com

Remember, if you or a loved one are facing a criminal charge including a DUI, we can help ensure that your rights and freedoms are protected in this potentially life-changing event.  Contact Us or Use THIS FORM for a free DUI case evaluation.  Someone will get back to you right away to start your defense.

Everone has seen it at some point – the police helicopter.  Whether the aircraft are being used for traffic enforcement, police chases, or even for observing reported drunk drivers, the use of aircraft in law enforcement is becoming more and more common. But do you know the ins and outs of how police use aircraft? 

Use of Aircraft in Traffic Enforcement

Fixed-wing aircraft and helicopters are increasingly being used for traffic enforcement. Aircraft equipped with time/distance measuring devices are an especially effective means of dealing with serious moving traffic violations, especially on the interstate highway system. Helicopters are particularly useful in monitoring pursuits and preventing the escape of pursued vehicles, as well as hovering over and illuminating the scenes of nighttime felony traffic stops and conducting surveillances involving drug couriers. All types of aircraft are useful in managing congestion at highway crash scenes and special events.

Speed Enforcement

A “Bear in the Air” can easily apprehend frequent and habitual speeders who rely on radar or LIDAR detectors and citizens’ band radios to escape detection, as well as many other types of violations, such as driving while intoxicated, improper passing, and following too closely. By timing the progress of a vehicle between measured points marked along the highway, the computed speed is the violator’s average speed over a distance of a quarter mile or more, whereas radar gives more of an instantaneous measurement of speed at a given point. Thus, a driver caught by an aerial/ground team can hardly claim that he briefly speeded only to pass another vehicle or dodge an obstruction in the road. Statistics show that a combined air/ground team can enforce traffic laws more efficiently than ground units alone, consume less fuel, and provide increased productivity per hour of patrol.

Controlling Public Reaction

When an agency begins using airborne enforcement, it can avoid a negative public reaction by inviting the media to witness enforcement activities. If careful statistics are kept on all activities to guard against claims that expensive aircraft are primarily used to ferry dignitaries around, and if strict guidelines are established as to who can ride in the planes and for what purposes, complaints can be averted. Judges, key legislators, and news media representatives should be invited to observe a routine mission for themselves. Statistics will reveal that the typical speed of violators cited is far in excess of what the average citizen would consider reasonable. In fact, the aircraft will usually prove to be most effective in apprehending flagrant violators, including those traveling at nearly triple-digit speeds. By reducing high-speed pursuits, these apprehensions are accomplished with maximum consideration for the safety of other road users. Finally, aircraft can be instrumental in hunting for escaped prisoners, spotting forest fires, delivering emergency blood supplies to distant hospitals, and marijuana eradication activities. The press and the public need to be made aware of these potential benefits.

Legal Authority

The mission statement of the aircraft unit should contain legal authority for all flight operations including transportation. Most police agencies possess the authority to conduct aerial operations when directly related to a law enforcement function; however, they may lack authority for other operations such as executive transportation. Many agencies are mandated to provide security as well as transportation for governors, mayors, and other officials, and that mandate gives them legal authority to utilize law enforce-ment aircraft.

Organizational Structure

Most law enforcement aviation divisions are managed by command staff officers who have aviation experience because when managing a fleet of aircraft and crew members requires making decisions specific to aviation and federal regulations. These decisions may be based on knowledge of requirements for licensing, training, flight experience, aircraft maintenance, and inspection intervals. An aviation manager must also possess the experience necessary to make decisions regarding specific flight requests, with consider-ation given to suitability of aircraft, runways, weather, and other related data.

Equipment Selection

The majority of law enforcement support missions can be accomp-lished with light, fixed-wing aircraft. Such aircraft can fly at reduced air speeds safely and efficiently for long periods of time, and are far more fuel and maintenance efficient than rotary-wing aircraft (helicopters). Should a mission require vertical take-off and landing or the ability to hover, then rotary-wing aircraft are the only option. Fixed-wing aircraft are used almost exclusively for highway enforcement activities. They are fuel efficient and far less fatiguing on crew members than helicopters, and can be utilized for a variety of missions including photography and transportation. Generally, high-wing aircraft are chosen for these purposes, as the crew has an unrestricted view of the ground when flying at low altitudes. Mission requirements will generally dictate equipment selection; however, multi-engine turbo-prop aircraft are preferred for most short to medium-length missions. Their jet engines offer high reliability and improved take-off performance over reciprocating engines, and their pressurized cabins and de-icing equipment provide all-weather capability. Light, reciprocating twin-engine aircraft are generally a poor selection for multi-person transportation because they do not possess the above capabilities. Aircraft selection is best accomplished through the use of industry consultants, who can provide a wide range of data to aid in your decision process.

Personnel Selection

Commissioned law enforcement officers tend to be effective crew members because their missions routinely require decisions and actions consistent with accepted law enforcement practices. It is generally more effective to train an experienced police officer as a crew member than to train an aviation professional to think and act as a police officer. Most law enforcement agencies have a pool of police officers who have flight experience from which to select crew members.

Courtesy of The Highway Safety Desk Book

Remember, if you or a loved one are facing a criminal charge including a DUI, we can help ensure that your rights and freedoms are protected in this potentially life-changing event.  Contact Us or Use THIS FORM for a free DUI case evaluation.  Someone will get back to you right away to start your defense.

If you, or anyone else, needs to locate an individual who is “missing,” the first place you should look to is the Motor Vehicle Division.  A driver’s license is the most common form of identification carried by everyone over the age of sixteen, and getting driver information is one of the best methods you can use to locate someone. Here’s how…

Using Vehicle Registration to Find People

The Foundation for American Communications (FACS)

(Excerpted from “Find Them Fast!” (c) Copyright 1994 by Dave Farrell)

Reporters spend a good deal of their time trying to find people. One of the best ways to locate people throughout the United States is through the use of driver’s license and vehicle registration information.

Thousands of “missing” people are located each year through the departments of motor vehicles located in each of the fifty states. If the person you’re looking for is of legal driving age, this should be one of the first places you look for them. A driver’s license has become one of the most important pieces of identification carried by Americans over the age of sixteen. It is generally the first piece of I.D. asked for by police officers, retailers, bankers and just about everyone else requiring proof of identification.

In recent years, a few states have enacted laws restricting public access to driving and vehicle registration records, but in most states, the information is available for the asking (and a nominal fee). One nice thing about driving records: You can get a wealth of information out by putting very little information in. Two pieces of information that are vital to begin the search, however, are the subject’s name (make sure it is spelled correctly!) and, if possible, a date of birth.

Given a person’s name and birth date, the motor vehicle department should be able to give you a current address; last known address; personal information, such as height, weight, eye and hair color; previous names, if any; the numbers and types of vehicles owned by that person as well as any traffic tickets they may have accumulated in recent years. These records also can be used to “skip-trace” missing persons who may have moved in recent years. Each motor vehicle department maintains records going back from two to 30 years, indicating what state the person’s license was surrendered to.

States also keep records of licenses issued to women under their maiden names, so it is possible to find women whose last names may have changed through marriage. Appendix A lists the address for the agency in every state that handles driver’s license records. I’ve also included a sample letter you can use to request the records for your subject. When writing to obtain driver’s license records always ask for all available public information on your subject. You may receive some data you deem unimportant, such as eye color and other physical characteristics, but you also will get much valuable information.

If your subject has a common name, it will save you a lot of time if you can provide the DMV with his or her date of birth. That will help the clerks in the computer room figure out which John Smith you’re trying to find.

Vehicle registration

Sometimes, after obtaining a subject’s driving records, I discover the address on their license is not current. When that happens, I immediately contact the DMV and request a list of all motor vehicles listed to my subject’s name.

Vehicle registration records are a great way to zero in on someone. They almost always yield current addresses. That’s because driver’s licenses are renewed every few years (some states allow eight years between renewals). But motor vehicle registration must be renewed annually. Consequently, the address you obtain from registration records is at most only a year old.

To obtain registration records, use the sample DMV request letter in this booklet and modify it to request the appropriate records. You can search vehicle registration records several different ways: By owner’s name; by license number and by vehicle identification number.

Searching by name is simple. You simply ask the DMV in the appropriate state for a list of all the vehicles registered to your subject’s name. If you know the license number of a vehicle owned by your subject, you can ask the DMV to trace that number and give you the address of the person who owns the plate.

Finally, if you know the vehicle identification number (VIN) of a car or truck owned by your subject, you can ask the DMV to trace ownership of that vehicle. (VIN numbers are often included in divorce records and bankruptcy filings where assets are listed). Since the ownership of motor vehicles is tracked so carefully by the government, vehicle registration records can also lead you to a subject who has moved some time ago. If you know a specific vehicle your subject owned, even if it was some years ago, you may be able to use that information to find him today.

Here’s how: Request a “vehicle history” or a “body file” on the vehicle from the DMV. That packet of information will include the names and addresses of everyone who ever owned the car or truck. Working back from the current owner, you should be able to contact all the previous owners of the vehicle. The person who dealt with your subject may recall information about them that can help lead you to them. Appendix B contains the addresses of the agency in all 50 states that handles motor vehicle registration.

Case study

A colleague once traced a valuable source down using precisely this method. The man he was looking for was divorced. My colleague called the man’s ex-wife, who had no idea where he was. She did, however, have information about the sports car he got in the divorce, a car they jointly bought when they were married. My friend obtained the vehicle history and learned that his subject had sold the car to a young college kid. The kid recalled that the man he bought the car from said he had to sell it because he was moving to Wyoming and he needed a truck. Tracking the man down in Wyoming was easy.

Traffic tickets

If your subject is the kind of person who doesn’t give accurate or proper information on licenses or other official documents, check to see if he or she has any traffic tickets. You can do that when you ask for driving records. If there are tickets on your subject’s record, write to the city or jurisdiction where the ticket was issued. Ask for a copy of the citation. It will include the make, model and license number of the vehicle involved in the incident.

Go back to the DMV and find out who owns that vehicle. Most likely, it will be someone who knows your subject and can supply information about his current address.

Accident reports

If you discover your subject was involved in an accident, you may be sitting on a gold mine of information, especially if lawsuits were filed as a result of the crack-up. You can find out from the DMV where the accident occurred. Contact that city or jurisdiction and obtain a copy of the police report that was filed for the accident.

Note all the parties involved in the accident. The report will include addresses and other information for all of them, of course. You can find out a lot more about everyone involved (including your subject) if any lawsuits were filed as a result of the mishap. Take the names of everyone involved in the accident to the local courthouse. Ask the clerk there to check to see if any of those people are involved in any lawsuits. If so, review all the paperwork involved. It will give you loads of information about each party, particularly if the damage was deemed to be extensive.

If the other party filed suit, you can bet that the addresses for your subject in the court documents will be accurate, since the injured party has filed the suit with the intent of collecting damages.

RV’s, ATV’s and snowmobiles

Like their on-road cousins, most types of off-road vehicles are also licensed by the state. Recreational vehicles, all-terrain vehicles and even snowmobiles can all be used to lead you to their owners. In most states, the Department of Motor Vehicles licenses these types of vehicles. Check with your state DMV office to see how you can obtain registration records.

Boats

You can track ownership records for boats much the same way you track motor vehicle records. You can search for people using their names, or you can search for ownership and registration of vessels, using the I.D. number of the boat. You can even order a vessel history and trace ownership of the boat the same way you can for motor vehicles. Appendix D lists the addresses of agencies to write to for boat and vessel registration records.

Airplanes

Airplane records are kept by the Federal Aviation Administration (FAA) located in Oklahoma City, Oklahoma. If your subject is a pilot or owns an aircraft (either fixed wing or helicopter) the FAA will have records on him or her. As with cars and boats, you can trace the ownership of aircraft as well as receive license information about pilots.

The FAA records on pilots includes the pilot’s address, type of aircraft the pilot is licensed to fly and the date of the pilot’s last medical examination. Airplanes don’t have license plates. They are identified by their so-called “N-number,” which is written in large letters on the body and tail of the plane. You can trace planes using that number. As with motor vehicles, you can trace the history of a plane, a technique that can give you past owners and addresses.

You can search FAA records by mail. Write Federal Aviation Administration Mike Monroney Aero Center, 6500 South MacArthur Drive, P.O. Box 25082 Oklahoma City, Oklahoma 73125. To check pilot records by phone, call (405) 954-3261. To check on aircraft, call (405) 954-3116.

Remember, if you or a loved one are facing a criminal charge including a DUI, we can help ensure that your rights and freedoms are protected in this potentially life-changing event.  Contact Us or Use THIS FORM for a free DUI case evaluation.  Someone will get back to you right away to start your defense.

Youth Drinking: Risk Factors and Consequences

Despite a minimum legal drinking age of 21, many young people in the United States consume alcohol. Some abuse alcohol by drinking frequently or by binge drinking–often defined as having five or more drinks* in a row. A minority of youth may meet the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) criteria for alcohol dependence (1,2). The progression of drinking from use to abuse to dependence is associated with biological and psychosocial factors. This report examines some of these factors that put youth at risk for drinking and for alcohol-related problems and considers some of the consequences of their drinking. 

Prevalence of Youth Drinking

Thirteen- to fifteen-year-olds are at high risk to begin drinking (3). According to results of an annual survey of students in 8th, 10th, and 12th grades, 26 percent of 8th graders, 40 percent of 10th graders, and 51 percent of 12th graders reported drinking alcohol within the past month (4). Binge drinking at least once during the 2 weeks before the survey was reported by 16 percent of 8th graders, 25 percent of 10th graders, and 30 percent of 12th graders.

Males report higher rates of daily drinking and binge drinking than females, but these differences are diminishing (3). White students report the highest levels of drinking, blacks report the lowest, and Hispanics fall between the two (3).

A survey focusing on the alcohol-related problems experienced by 4,390 high school seniors and dropouts found that within the preceding year, approximately 80 percent reported either getting “drunk,” binge drinking, or drinking and driving. More than half said that drinking had caused them to feel sick, miss school or work, get arrested, or have a car crash (5).

Some adolescents who drink later abuse alcohol and may develop alcoholism. Although these conditions are defined for adults in the DSM, research suggests that separate diagnostic criteria may be needed for youth (6).

Drinking and Adolescent Development

While drinking may be a singular problem behavior for some, research suggests that for others it may be an expression of general adolescent turmoil that includes other problem behaviors and that these behaviors are linked to unconventionality, impulsiveness, and sensation seeking (7-11).

Binge drinking, often beginning around age 13, tends to increase during adolescence, peak in young adulthood (ages 18-22), then gradually decrease. In a 1994 national survey, binge drinking was reported by 28 percent of high school seniors, 41 percent of 21- to 22-year-olds, but only 25 percent of 31- to 32-year-olds (3,12). Individuals who increase their binge drinking from age 18 to 24 and those who consistently binge drink at least once a week during this period may have problems attaining the goals typical of the transition from adolescence to young adulthood (e.g., marriage, educational attainment, employment, and financial independence) (13).

Risk Factors for Adolescent Alcohol Use, Abuse, and Dependence

Genetic Risk Factors. Animal studies (14) and studies of twins and adoptees demonstrate that genetic factors influence an individual’s vulnerability to alcoholism (15,16). Children of alcoholics are significantly more likely than children of nonalcoholics to initiate drinking during adolescence (17) and to develop alcoholism (18), but the relative influences of environment and genetics have not been determined and vary among people.

Biological Markers. Brain waves elicited in response to specific stimuli (e.g., a light or sound) provide measures of brain activity that predict risk for alcoholism. P300, a wave that occurs about 300 milliseconds after a stimulus, is most frequently used in this research. A low P300 amplitude has been demonstrated in individuals with increased risk for alcoholism, especially sons of alcoholic fathers (19,20). P300 measures among 36 preadolescent boys were able to predict alcohol and other drug (AOD) use 4 years later, at an average age of 16 (21).

Childhood Behavior. Children classified as “undercontrolled” (i.e., impulsive, restless, and distractible) at age 3 were twice as likely as those who were “inhibited” or “well-adjusted” to be diagnosed with alcohol dependence at age 21 (22). Aggressiveness in children as young as ages 5-10 has been found to predict AOD use in adolescence (23,24). Childhood antisocial behavior is associated with alcohol-related problems in adolescence (24-27) and alcohol abuse or dependence in adulthood (28,29).

Psychiatric Disorders. Among 12- to 16-year-olds, regular alcohol use has been significantly associated with conduct disorder; in one study, adolescents who reported higher levels of drinking were more likely to have conduct disorder (30,31).

Six-year-old to seventeen-year-old boys with attention deficit hyperactivity disorder (ADHD) who were also found to have weak social relationships had significantly higher rates of alcohol abuse and dependence 4 years later, compared with ADHD boys without social deficiencies and boys without ADHD (32).

Whether anxiety and depression lead to or are consequences of alcohol abuse is unresolved. In a study of college freshmen, a DSM-III (33) diagnosis of alcohol abuse or dependence was twice as likely among those with anxiety disorder as those without this disorder (34). In another study, college students diagnosed with alcohol abuse were almost four times as likely as students without alcohol abuse to have a major depressive disorder (35). In most of these cases, depression preceded alcohol abuse. In a study of adolescents in residential treatment for AOD dependence, 25 percent met the DSM-III-R criteria for depression, three times the rate reported for controls. In 43 percent of these cases, the onset of AOD dependence preceded the depression; in 35 percent, the depression occurred first; and in 22 percent, the disorders occurred simultaneously (36).

Suicidal Behavior. Alcohol use among adolescents has been associated with considering, planning, attempting, and completing suicide (37-39). In one study, 37 percent of eighth-grade females who drank heavily reported attempting suicide, compared with 11 percent who did not drink (40). Research does not indicate whether drinking causes suicidal behavior, only that the two behaviors are correlated.

Psychosocial Risk Factors

Parenting, Family Environment, and Peers. Parents’ drinking behavior and favorable attitudes about drinking have been positively associated with adolescents’ initiating and continuing drinking (41,42). Early initiation of drinking has been identified as an important risk factor for later alcohol-related problems (43). Children who were warned about alcohol by their parents and children who reported being closer to their parents were less likely to start drinking (42,44,45).

Lack of parental support, monitoring, and communication have been significantly related to frequency of drinking (46), heavy drinking, and drunkenness among adolescents (47). Harsh, inconsistent discipline and hostility or rejection toward children have also been found to significantly predict adolescent drinking and alcohol-related problems (46).

Peer drinking and peer acceptance of drinking have been associated with adolescent drinking (48,49). While both peer influences and parental influences are important, their relative impact on adolescent drinking is unclear.

Expectancies. Positive alcohol-related expectancies have been identified as risk factors for adolescent drinking. Positive expectancies about alcohol have been found to increase with age (50) and to predict the onset of drinking and problem drinking among adolescents (51-53).

Trauma. Child abuse and other traumas have been proposed as risk factors for subsequent alcohol problems. Adolescents in treatment for alcohol abuse or dependence reported higher rates of physical abuse, sexual abuse, violent victimization, witnessing violence, and other traumas compared with controls (54). The adolescents in treatment were at least 6 times more likely than controls to have ever been abused physically and at least 18 times more likely to have ever been abused sexually. In most cases, the physical or sexual abuse preceded the alcohol use. Thirteen percent of the alcohol dependent adolescents had experienced posttraumatic stress disorder, compared with 10 percent of those who abused alcohol and 1 percent of controls.

Advertising. Research on the effects of alcohol advertising on adolescent alcohol-related beliefs and behaviors has been limited (55). While earlier studies measured the effects of exposure to advertising (56), more recent research has assessed the effects of alcohol advertising awareness on intentions to drink. In a study of fifth- and sixth-grade students’ awareness, measured by the ability to identify products in commercials with the product name blocked out, awareness had a small but statistically significant relationship to positive expectancies about alcohol and to intention to drink as adults (57). This suggests that alcohol advertising may influence adolescents to be more favorably predisposed to drinking (57).

Consequences of Adolescent Alcohol Use

Drinking and Driving. Of the nearly 8,000 drivers ages 15-20 involved in fatal crashes in 1995, 20 percent had blood alcohol concentrations above zero (58). For more information about young drivers’ increased crash risk and the factors that contribute to this risk, see Alcohol Alert No. 31: Drinking and Driving (59).

Sexual Behavior. Surveys of adolescents suggest that alcohol use is associated with risky sexual behavior and increased vulnerability to coercive sexual activity. Among adolescents surveyed in New Zealand, alcohol misuse was significantly associated with unprotected intercourse and sexual activity before age 16 (60). Forty-four percent of sexually active Massachusetts teenagers said they were more likely to have sexual intercourse if they had been drinking, and 17 percent said they were less likely to use condoms after drinking (61).

Risky Behavior and Victimization. Survey results from a nationally representative sample of 8th and 10th graders indicated that alcohol use was significantly associated with both risky behavior and victimization and that this relationship was strongest among the 8th-grade males, compared with other students (62).

Puberty and Bone Growth. High doses of alcohol have been found to delay puberty in female (63) and male rats (64), and large quantities of alcohol consumed by young rats can slow bone growth and result in weaker bones (65). However, the implications of these findings for young people are not clear.

Prevention of Adolescent Alcohol Use

Measures to prevent adolescent alcohol use include policy interventions and community and educational programs. Alcohol Alert No. 34: Preventing Alcohol Abuse and Related Problems (66) covers these topics in detail. See the National Institute on Alcohol Abuse and Alcoholism’s (NIAAA’s) World Wide Web site at http://www.niaaa.nih.gov.

No. 37 July 1997

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When is a person who appears to be driving under the influence of alcohol (DUI) NOT under the influence?   When that person is a diabetic experiencing hypoglycemia, or low blood  sugar.  The symptoms that police officers often associate with DUI are very similar to those of hypoglycemia.

Any time a police officer stops a vehicle and decides to do a  DUI investigation, he will have the driver exit the car, ask him a series of  DUI-related questions, and have him perform Field Sobriety Tests.

During this time, the officer is observing the person, looking for signs and symptoms if impairment by alcohol.  He is looking for slurred speech, loss of balance, confusion, watery blood shot eyes, and smell of alcohol. After these tests, the officer will most likely have the driver blowing into a Portable Breath Testing Device (PBT). A person who has been drinking will register as such on the PBT.

A person with hypoglycemia could exhibit thick, slurred speech, confusion, weakness, impaired vision, and could appear weak.  Additionally, a hypoglycemic person may emit
an unusual breath smell that smells fruity and like alcohol.  These symptoms are so similar to those of a DUI, that a police officer could easily mistake one for the other.

Not only that, but a diabetic with considerable amounts of  acetone emitting from breath would result in a false high reading of alcohol on the PBT, further leading the officer to believe the individual was DUI.  PBT’s do not know the difference between the acetone coming from a diabetic undergoing keto-acidosis and a person who has actually been drinking.

Remember, if you or a loved one are facing a DUI, we can help ensure that your rights and freedoms are protected in this potentially life-changing event.  Use THIS FORM for a free DUI case evaluation.  Someone will get back to you right away to start your defense.

As you know, the law makes it illegal to drive while “impaired to the slightest degree” by alcohol or drugs.  What exactly that means, is a question that is left up to the fact-finder in a DUI case.  That means a jury of your peers, although thanks to the new DUI Laws for 2012 you are no longer entitled to a jury trial if you are charged with a first-time, standard DUI.  Your case must be decided by a judge.  That being said, how is it that alcohol affects the body?

Euphoria(BAC = 0.03 to 0.12 percent)

• They become more self-confident or daring.
• Their attention span shortens.
• They may look flushed.
• Their judgement is not as good — they may say the first thought that comes to mind, rather than an appropriate comment for the given situation.
• They have trouble with fine movements, such as writing or signing their name.

Excitement(BAC = 0.09 to 0.25 percent)

• They become sleepy.
• They have trouble understanding or remembering things (even recent events).
• They do not react to situations as quickly (if they spill a drink they may just stare at it).
• Their body movements are uncoordinated.
• They begin to lose their balance easily.
• Their vision becomes blurry.
• They may have trouble sensing things (hearing, tasting, feeling, etc.).

Confusion(BAC = 0.18 to 0.30 percent)

• They are confused — might not know where they are or what they are doing.
• They are dizzy and may stagger.
• They may be highly emotional — aggressive, withdrawn or overly affectionate.
• They cannot see clearly.
• They are sleepy.
• They have slurred speech.
• They have uncoordinated movements (trouble catching an object thrown to them).
• They may not feel pain as readily as a sober person.
• Stupor (BAC = 0.25 to 0.4 percent)

Stupor (BAC = 0.25 to 0.4 percent)

They can barely move at all.

• They can barely move at all.
• They cannot respond to stimuli.
• They cannot stand or walk.
• They may vomit.
• They may lapse in and out of consciousness.

Coma(BAC = 0.35 to 0.50 percent)

• They are unconscious.
• Their reflexes are depressed (i.e. their pupils do not respond appropriately to changes in light).
• They feel cool (lower-than-normal body temperature).
• Their breathing is slower and more shallow.
• Their heart rate may slow.
• They may die.

Death (BAC more than 0.50 percent) -  The person usually stops breathing and dies.

Remember, if you or a loved one are facing a DUI, we can help ensure that your rights and freedoms are protected in this potentially life-changing event.  Use THIS FORM for a free DUI case evaluation.  Someone will get back to you right away to start your defense.

Many Arizona drivers know that our state has some  of the toughest DUI laws in the nation. The penalties for a DUI in Arizona include  mandatory jail time, very high fines, and the installation of an ignition  interlock device for anyone convicted of the crime, even first offenders.

Changes in Arizona’s DUI laws go into effect with the New Year, making some of the penalties more lenient, but taking away people’s rights in other instances.

As of January 1, 2012 the Arizona DUI law will change to decrease the length of time a first-time, non-extreme DUI offender is required to maintain the ignition interlock device from one year down to six months, as long as they participate in an alcohol education program and comply with the rules regarding violations concerning the device for that
time period.  Up until now, DUI convictions in Arizona required one-year penalty.

For more information on ignition interlock devices, click here.

Not surprisingly, such as Mothers Against Drunk Driving, argued that six months is not long enough to teach convicted drunk drivers a lesson. The State legislature, however, disagrees and believes the new sentence is fairer and will still be as effective.  There is a difference of opinion as to how much the devices actually account for reductions in accidents.

In order to qualify for the six month reduction, you cannot have any accidents whatsoever with any kind of property damage, and you are only allowed two violations up to 0.08.  If you have anything beyond that, you must keep the device on your vehicle for the entire year.

The other major change in the law is that people arrested after January 1, 2012 for a first-time DUI will no longer have the right to trial by jury for their charge.  This change is actually more significant in many lawyers’ opinions than the changes in the interlock law since jury trials are a fundamental right in this country, and that right is being eliminated by the state legislature.  The elimination of jury trials makes it much more likely that people will be convicted of DUI, since the decision of guilt is taken out of the hands of your peers, and placed on the judge who happens to hear your case.

Remember, if you or a loved one are facing a DUI, we can help ensure that your rights and freedoms are protected in this potentially life-changing event.  Use THIS FORM for a free DUI case evaluation.  Someone will get back to you right away to start your defense.

As a reader of my blog, (which I hope you are!), you’ve seen my previous posts on the holiday DUI Task Forces that started up on Thanksgiving. Well the governors task force has released the statistics so far, and police have stopped over 46 THOUSAND vehicles as a result, 12 THOUSAND more people than last year. And they’re not done yet!  New Years Eve is fast approaching.