Gas and Whiskey, A Mix That’s Deadly: Driving Under the Influence

March 2, 2010 by admin  
Filed under General Law

In the United States, over forty percent of the total traffic deaths are caused by alcohol-related collisions, mostly driving under the influence.  Driving under the influence or DUI is one of the major health hazards in the modern world, which costs the U.S. $51 billion annually.

Depending on the jurisdiction, this criminal offense may be called by different terms, including driving while intoxicated (DWI), operating while intoxicated (OWI), or driving under the influence (DUI, which can mean either under the influence of alcohol or drugs).

In the case of the trucking industry, driving under the influence is a much increased risk, what with a much larger, deadlier weapon in the shape of an 18-wheeler truck.

DUI Symptoms

There are many telltale signs to look out for in order to assess whether a driver is drunk driving. These can be observed while the vehicle is in motion, after the vehicle is asked to pull over, and while a driver is asked to perform some preliminary tests.

As issued by the National Highway Traffic Safety Administration (NHTSA), among the most common indications of drunk driving are straddling center lane or marker, almost striking an object or vehicle, weaving, swerving, drifting, and driving into opposing or crossing traffic.

Investigation Phase

Once a police officer sees one or all of the above, he now needs to look at the situation inside the vehicle and ask some questions. Further indicators of intoxication would include odor of an alcoholic beverage inside the vehicle, flushed face, watery or bloodshot eyes, and droopy eyelids. When he asks his questions, the officer should look for slurred speech, difficulty understanding or responding, plain-view presence of containers of alcohol, and outright admission of drinking.

Field Sobriety Tests

Despite the objective intent of assessing for intoxication, field sobriety tests (FSTs) are the most controversial phase in evaluating drivers for DUI. While drunk drivers may be screened through such tests, sober people with different health conditions may also fail to pass them, especially people with weight problems, health conditions, 65 years or older, and others with non-obvious disabilities.
The NHTSA recommends a 3-test battery of FSTs, which include the horizontal gaze nystagmus test (following an object with the eyes to determine eye movement reaction), walk-and-turn test (heel to toe in a straight line), and the one-leg stand. As yet, standardized FSTs are still being improved on.

Gordon & Elias, L.L.P. is ready to handle truck accident cases in Houston, Texas, and the rest of the United States.

This article is intended solely for general information purposes. The content should not be considered and is not legal advice.

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