DWI Blogs

What is Driving Under the Influence?

Driving under the influence (DUI) is a term used by most states, including California, Florida and Pennsylvania, for being legally intoxicated or impaired while operating a motor vehicle. The threshold for legal intoxication is typically when a breath, blood or urine test registers a blood alcohol content of 0.08%. Minors under the legal drinking age may be declared under the influence at a lower BAC percentage. Similarly, law enforcement may arrest a motorist for being impaired even when their BAC is lower than 0.08%.

DUI is referred to as DWI (Driving While Intoxicated) in eight states, including New York and Texas, and OVI/OMVI (Operating a Motor Vehicle while Intoxicated) in Ohio. For the most part, the acronyms are equivalent and represent being charged with drunk driving. In a few circumstances however, DUI may represent a lower offense in a DWI state. Having a BAC higher than 0.08% would be called a DWI while a DUI would apply to motorists with a BAC of less than 0.08% who are still deemed to be impaired and thus incapable of driving safely.

The penalties vary for a DUI offense. Specific laws can be reviewed for all fifty states by using the links below.

How Is DUI.com Different From Other Drunk Driving Websites?

DUI.com is an offender-related website that is designed to help those that have been charged with a DUI or DWI to find DUI lawyers. This does not mean DUI.com advocates driving drunk. It means that we have been counseling those arrested for driving under the influence (DUI), driving while intoxicated (DWI) or drunk driving for over 20 years and understand the particular problems associated with drunk driving arrests and charges.

Drunk driving offenders need a criminal defense lawyer who's law practice is primarily in the field drunk driving defense and is a qualified DUI lawyer or DUI attorney. DUI and DWI offenders may need assistance in understanding Department of Motor Vehicles (DMV) administrative per se (APS) and administrative license suspension (ALS) / administrative license revocation (ALR) laws.

DUI.com collects and shares specialized information and provides products and services (program fact sheet PDF download) to help individuals who have been arrested for DUI, DWI or driving drunk navigate the consequences of their drunk driving arrest.

Since the Department of Motor Vehicles has asked police to take drivers' licenses upon drunk driving arrest (administrative license revocation), some persons are immediately interested in getting their drivers licenses back. This requires an individual to quickly obtain an SR-22 form (SR22) from their auto insurance company, agent or broker and file this "Proof of Financial Responsibility" form with the DMV or DPS. We offer direct insurance quotes for those seeking to lower their skyrocketing automobile car insurance rates due to a DUI, DWI or drunk driving charge.

Others are concerned about going to court and the possibility of going to jail. They, therefore, must seek the advice of local DUI attorneys or a DUI lawyer who's practice concentrates in drunk driving defense - someone who knows the DUI Laws and rights of those arrested for driving under then influence.

Meanwhile, the issue of a drinking problem or substance abuse is a subject that the DUI, DWI or drunk driving offender may be faced with. DUI.com provides information related to substance abuse, alcohol, drug and drinking problems. We also promote proven ways to prevent drunk driving in the form of alcohol breathalyzers (breath testers), alcohol analyzer systems and educational drunk driving videos for schools, programs, businesses, military and correctional facilities.

For individuals concerned with the long view, DUI.com offers information on drivers license and criminal records that will help those arrested for drunk driving understand the consequences for future employment, financial, medical and other background record investigations.

DUI.com provides useful, balanced, prevention - and education - based information for individuals trying to find help after a DUI, DWI or drunk driving arrest, and has been doing so for over 20 years.

DUI (Driving Under the Influence) is a serious offense and if you have been charged with a DUI or driving drunk you should seek legal help at once from a DUI attorney.

Each year, states enact stronger DUI laws and more severe drunk driving penalties. You could lose your driver's license, be placed in jail and fined substantial fees. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your future and your employment opportunities.

Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a difference in the outcome of your case. This is why it is important to use DUI.com to locate a qualified DUI Lawyer in your area.

DUI.com is a national directory of drunk driving defense attorneys. Most of the DUI lawyers listed in our directory are members of the National Association of Criminal Defense Lawyers and the National College of DUI Defense as well as certified in administering the standardized field sobriety test and intoxilyzer breath test. The DUI attorneys on DUI.com limit their practice to primarily DUI/DWI and drunk driving defense. It is important that you chose a criminal defense lawyer who primarily dedicates their practice to DUI defense, because they know the DUI laws and drunk driving consequences in your state. Choosing the right DUI lawyer may help you save your driver's license and get your drunk driving charge reduced or even dismissed.

It depends on the lawyer and the circumstances of the case. We charge flat fees to cover your legal expenses through a jury verdict if the case goes that far. There are additional fees for expert witnesses (usually a forensic chemist) and private investigators. We only use experts and/or investigators after first consulting with you regarding the costs and benefits of retaining them.
Why should I hire a lawyer?
Drunk driving defense is a highly specialized field within the general practice of criminal defense and law, in general. You are permitted, or course, to represent yourself. Many lawyers will take your case and be unaware of potential defenses due to their lack of knowledge in drunk driving defense as opposed to other areas of practice. If you are serious about your case, you should hire someone with the experience and ability to defend you zealously and effectively.

Q.How do I pick a lawyer to defend me against charges of drunk driving - OUI, DUI, or DWI?

A.Shop around. Drunk driving defense is a special field of criminal defense which, in turn, is a special area of the practice of law. Do not be afraid to ask lawyers tough questions; make sure the lawyer whom you pick has won drunk driving trials and is willing to try cases that ought to be tried. Do not choose a lawyer who appears to simply want your money and not represent you zealously and fairly.

Do I get to choose among the different chemical tests?

Under most circumstances you do not. The officer is allowed to require a breath test unless it is deemed "unreasonable." If you are allowed a blood test, you may have "a physician" draw your sample, if "a physician" is reasonably available. Police officers have been misled to believe that you may only chose a doctor if it is your doctor and he/she is reasonably available.

Is the police officer's failure to give me Miranda warnings fatal to the State's case?

Not necessarily. The officer is only required to provide you with Miranda warnings when, and if, the following occurs:

1. You are in custody (the roadside investigation is rarely deemed to be custodial), and

2. You are being interrogated (ie. asked questions which are designed to illicit incriminating responses).

The remedy for Miranda violations is that the State is not allowed to introduce your answers/statements that were obtained by that violation in its case-in-chief. There is no automatic dismissal of the charges.

The officer can not tell how much you have had to drink by smelling your breath. However, if he is asking, he probably smells it. Even drinking a small amount of alcohol results in "an odor of intoxicating liquor" on the breath for a relatively long period of time. Lying to the officer may be considered "consciousness of guilt" by a jury and/or undermine your credibility at trial.

Remember, you are afforded a constitutional protection against self incrimination. You may simply tell the officer that you do not wish to answer his question. Likewise, you may tell him what you have had a drink if it was a relatively small amount (ie. not enough to impair you or cause you to exceed the legal limit).

If you are inclined to deny drinking when, in fact, you have been, remember that the police officer will be inclined to trust his nose more than his ears.

If you refuse to submit to chemical testing, you will receive an administrative suspension (prior to your court date) of at least 275 days. Even if you request an administrative hearing, the suspension will remain in effect until the date of the hearing. If you lose the administrative hearing, you will not be eligible for a work restricted license until 180 days have passed. You will also have to complete counseling in order to receive a work restricted license.

In the criminal case, if you are convicted, and if you refused to be tested, you will receive an additional license suspension of at least 90 days and a minimum jail sentence of four days and a fine. Penalties for multiple offenders are more severe.

If you take a test, the administrative suspension will be 90 days at a minimum (first offenders). However, unlike people who refuse testing, you will keep your license until the date of the administrative hearing. Even if you lose that hearing, you are entitled to a work restricted license immediately (processing takes about 10 - 14 days).

In the criminal case, if you are convicted, and if you took a test, there will be a minimum license suspension of 90 days. You may obtain a restricted license for the last 30 days if you have completed counseling (the degree of counseling varies depending on the test result). You will also receive a fine (minimum $400) and a minimum 48 hour jail sentence if the result is a .15% BAC or higher. These are minimum penalties. People with prior convictions are subject to higher fines, longer suspensions and longer jail sentences as are people whose cases involve other aggravating factors.

1. Q: Do I have to take field sobriety tests if asked to do so by a police officer?

A: No. Field sobriety tests must be done (in order to be admissible) on a voluntary basis. The police officer is not allowed to force you to do them. Keep in mind that statements that you make as reasons for not voluntarily participating in field sobriety tests may be admissible at trial. Statements like "I couldn't do that even if I was sober" may prove to be as, if not more, harmful than failing the tests. If you do not wish to attempt the tests, you may simply decline the police officer's request that you voluntarily participate.

People arrested for DWI , DUI and DUID need to retain an experienced criminal trial attorney immediately.
A: Drunk driving defense is a highly specialized field within the general practice of criminal defense and law, in general. You are permitted, or course, to represent yourself. Many lawyers will take your case and be unaware of potential defenses due to their lack of knowledge in drunk driving defense as opposed to other areas of practice. If you are serious about your case, you should hire someone with the experience and ability to defend you zealously and effectively.

Most people arrested for DWI play right into the arresting officer's hands when stopped. They do so by being cooperative and giving the officer all kinds of evidence to convict them and suspend their driver's license that the officer would not have otherwise had.

The most common and damaging mistakes include submitting to a variety of coordination tests and answering a variety of damming questions while believing if they're cooperative with the officer the officer might let them go.

Not so!

By the time an officer asks a driver to step from their car for sobriety testing their belief is that the person is likely impaired and their intent is to take them to jail. If a driver is the least bit impaired they're not going to "pass" these tests.

"Failing" a field sobriety tests is much easier than one thinks! These tests are designed for your failure. Indeed, most sober people cannot "pass" these tests. The results are very subjective and have little to do with whether someone can "complete" the tests. The officer is not looking for that. He or she is looking for "clues" of impairment rather than trying to see if the person can complete the test.

The best thing to do is simply refuse to submit to all testing and refuse to answer any questions until an attorney is present.

Remember, these police encounters are likely being videotaped with audio and video recordings (via a dash mounted camera in the patrol car and wireless microphone concealed on the officer.)

So the best thing to do is say as little as possible, do as little as possible, and to be as polite as possible. Yes, you're probably going to jail, but you were going to jail anyway! Better to beat the rap overall than to lose it badly by making a foolish attempt trying to beat it.

By submitting to testing the driver gives the officer all kinds of things to talk about when he gets on the stand, which in turn, gives them the ability to make someone appear to be much more impaired than they actually were. The deck is clearly stacked against you if you have had ANYTHING containing alcohol to drink and are stopped for suspicion of DWI.

LET ME SAY IT AGAIN. People arrested for DWI , DUI and DUID need to retain an experienced criminal trial attorney immediately.

There are basically three tests officers in Louisiana use:

Nystagmus Gaze Test:

This is where the officer asks a driver suspected of driving while impaired to hold their head still and follow the movement of an object (usually a pen) with their eyes as they move it both horizontally and vertically across the driver's field of vision. What they're looking for is a jerking movement in the eyes, which occurs in everyone after consuming any amount of alcohol, as well as other reasons. They look for jerking when the eye follows the object, or is angled at 45 degrees. This jerking will also occur if the tests are performed too long by fatiguing the muscles that control the eye. The jerking that occurs in the eyes when fatigued is no different than the jerking that occurs with other muscles in the body when tired or strained. Even if Nystagmus is not apparent when an officer first begins the tests, if he or she does it long enough, Nystagmus will occur. Additionally, anyone who has had anything to drink at all will usually demonstrate all clues in this test. Conducted long enough, those who haven't been drinking at all will demonstrate the same clues. Rarely does an officer who has conducted a Nystagmus test say there weren't "clues." Anyone who agrees to take this test for an officer should plan on failing it.

One Leg Stand:

Few people sober or not, can perform these tests without practice without showing "clues" of intoxication. In these tests, an officer will ask the driver to lift one foot off the ground at least six inches, for 30 seconds. They're to do this while looking down at their toe, and counting out loud, one one thousand, two one thousand, three one thousand, and so on. By having the driver perform these two tasks at once, it splits their attention, making both much more difficult. Even if the driver is able to perform this tasks, they'll likely fail the tests, because in this test the "clues" the officer is looking for are very subtle and includes swaying; using arms to balance, (or even slightly moving the hands or arms) loosing count, or putting the foot down and picking it back up during the tests (even though during instructions the officer implies that is okay.) Most people without practice cannot perform these tasks as perfectly as expected without having anything to drink, let alone with a few beers on board. The problem can be worse if the person is overweight, has inner ear problems or has problems with their feet or legs.

Walk and Turn:

Few people sober or not, can perform these tests without practice without showing "clues" of intoxication. In this test, the officer will ask a driver while looking down and his arms at his side to take nine heel to toe steps in a straight line, turn using a series of small steps, and take nine heel to toe steps back to the starting point. During instructions for this test the officer will ask the driver to stand with his heel to toe, and arms down at his side while facing the camera. The "clues" they arelooking for actually begin while they're giving instructions, so the test actually begins long before the driver believes. The "clues" in this test include again swaying or moving or using the arms to balance. Other clues include beginning the tests before the officer says; not clearly touching heel to toe with each step; turning without using a series of small steps (which nearly everyone messes up); not counting out loud, etc. Again, without practice this is difficult for someone who hasn't been drinking to do as perfectly as is required not to demonstrate "clues" of intoxication.

It's just best not to play a game you cannot win. Any of these "clues" coupled with a smell of alcohol is about all that's needed to convict someone of DWI.

People arrested for DWI, DUI and DUID need to retain an experienced criminal trial attorney who is aware of and can effectively educate a jury and expose these ploys used by the police to make someone appear much more impaired than they actually are.

Breath and Blood Tests:

NOTE: Breath testing devices employed by the police are inherently inaccurate.

Even their manufacturers will not guarantee their accuracy. They all operate on the flawed assumptions that all people metabolize at the same rate(and release through their breath) the alcohol they have consumed. If everyone had identical metabolisms; eaten the same thing; drank the same thing, and the tests were administered identically, perhaps this device could give an accurate measurement of someone's blood alcohol. It cannot.

Also, few safeguards are taken to insure the sample is not contaminated by residual alcohol found in the throat or esophagus of the accused at the time these test are administered. A subtle hiccup or burp that goes unnoticed by the accused can produce artificially high tests results. A breath alcohol reading above .08 in Louisiana is ALL that is required to convict a driver of drunk driving, no matter how sober they appear outwardly. Most drivers should refuse to submit to any breath testing due to the inaccuracy of these tests and the devastating stigma that would form in the minds of a jury with an artificially high result.

Blood testing, produces a much more accurate result. But the results are typically higher than those obtained by a non contaminated breath test. Anyone who believes they may have had more than few drinks or beers should refuse to participate in all chemical testing. A driver has the absolute right to refuse to submit too breath of blood testing. There can be circumstances where the police are allowed to take a blood sample without a driver's consent. However, this consent should never be given by a driver who has been drinking.

Alcohol in the Diet:
Facts & Information

by David J. Hanson, Ph. D.

Both culturally and legally alcohol is food. 1 However, as long ago as the 1800s, temperance writers insisted that alcohol was not a food. 2 Instead, they described it as a poison that was dangerous to life and health. 3 That long tradition continues to this day. In fact stigmatizing alcoholic beverages and discouraging their use have actually become U.S. federal policy. 4

But the scientific medical fact is clear: drinking alcohol in moderation is associated with better health and greater longevity than is either abstaining or abusing alcohol. 5

Some critics have suggested that moderate drinkers have lower mortality than abstainers because abstainers include alcoholics who have damaged their health and no longer drink. However, even when abstainers are limited to those who have never consumed alcohol (thus excluding alcoholics), the relationship remains. That is, moderate drinkers have lower mortality than abstainers who have never consumed alcohol. 6

Critics have also suggested that the health benefits of alcohol are not in the substance but in the lifestyle of those who drink in moderation. Perhaps moderate drinkers have a better or more healthful lifestyle than do either abstainers or those who abuse alcohol. However, even when such confounding factors as diet, exercise, socio-economic status and income level are accounted for, moderate drinkers still have a lower overall mortality than either abstainers or heavy drinkers.

But which alcoholic beverage is the best choice? Well known medical authority Dr. Dean Edell explains that there are “differences of opinion about whether beer, wine, or liquor offers the quickest route to a longer life. Of ten major studies, one-third found this true for wine, one-third for beer, and one-third for liquor. Most researchers now believe that it is the alcohol in all of them that provides the magic, but they don’t rule out other components of alcoholic beverages.” 7

The bottom line is that abstaining from alcohol is a risk factor associated with poor health and early death. 8

For an overview of the subject, visit Alcohol and Health.

Summaries of Alcohol in the Diet Issues

Alcoholic Beverages are Foods

Eatwise Pyramid

Alcohol as a Dietary Supplement

Alcohol, Health & Longevity: Is it the Alcohol or the Lifestyle?

Abstinence is Health Risk Factor

U.S. Government: Moderate Drinking Benefits Health

Beer is Better than Milk

Alcohol in the Diet

Alcohol is Good for Health

“Three Budweisers Equal a Quarter Pounder”

Anti-Alcohol Bureaucrats Suppress Important Health Information

Calories, Carbs & Fat in Popular Beverages

Alcohol, Calories & Weight

Medical Reports

Drinking Decreases Deaths

Nutrition Labels for Alcohol Beverages

Alcopops, Calories & Weight Gain

Moderate Drinkers Live Longer

French Grocers Sell Beer, Wine and Distilled Spirits

Alcohol & Health: Should the Public Know the Truth?

Alcohol and Energy for the Body

Slowing the Ageing Process

Helpful Published Reports on Alcohol and Health

Edell, D. Life, Liberty, and the Pursuit of Healthiness. NY: HarperCollins, 2004.

Edell, D. Eat, Drink and be Merry: America’s Doctor Tells You Why the Health Experts are Wrong. NY: HarperCollins, 1999.

Ford, G. The Science of Healthy Drinking. San Francisco, CA: Wine Appreciation Guild, 2003.

Ford, G. The Benefits of Moderate Drinking: Alcohol, Health and Society. San Francisco, CA: Wine Appreciation Guild, 1988.

Ford, G. The French Paradox & Drinking for Health. San Francisco, CA: Wine Appreciation Guild, 1993.

Fox, B. To Your Health: The Healing Power of Alcohol. NY: St. Martin‘s Press, 1997.

Gilson, C., and Bennett, V. Alcohol and Women. Irving, TX: Fusion Press, 2001.

Hellerstedt, W. L., et al. The association between alcohol intake and adiposity in the general population. American Journal of Epidemiology, 1990, 132(4), 594-611.

Kahn, H. S., et al. Stable behaviors associated with adults' 10-year change in body mass index and the likelihood of gain at the waist. American Journal of Public Health, 1997, 87(5), 747-754.

Kowalski, R.E. The New 8-Week Cholesterol Cure. NY: HarperCollins, 2002.

Liu, S., et al. A prospective study of alcohol intake and change in body weight among US adults. American Journal of Clinical Nutrition, 1994, 140(10), 912-920.

MacDonald, I. (Ed.). Health Issues Related to Alcohol Consumption. Oxford: International Life Sciences Institute, Blackwell Science, 1999.

Peele, S., and Grant, M. Alcohol and Pleasure: A Health Perspective. Philadelphia, PA: Brunner/Mazel, 1999.

Prentice, A. M. Alcohol and obesity. International Journal of Obesity, 1995, 19(Suppl. 5), S44-S50.

Stuttaford, T. To Your Good Health! The Wise Drinkers Guide. London: Faber & Faber, 1997.

Willett, Walter C., with the assistance of others. Eat, Drink, and Be Healthy: The Harvard Medical School Guide to Healthy Eating. New York: Simon & Schuster, 2001.

Free updates to this web site are available by e-mail.

Nothing on this page constitutes medical opinion or advice. For medical diagnosis, opinion, advice or treatment consult a qualified physician.

References and Readings

1. Write down your reasons for drinking less.

   Why do you want to drink less? To protect your health, to get along better with your family or friends, to do better in school or to save your job? Make a list of the reasons you want to drink less.

2. Set a drinking goal.

   Choose a limit for how much you will drink. A common guideline in the U.S. is no more than one drink per day for women and no more than two drinks a day for men. These daily drinks can't be "saved" and consumed later. For example, a man can't abstain all week and then consume all 14 drinks in one day.

   Most countries define moderation at higher levels of consumption than does the US. For example, Australia, Italy and France consider anything from three to over four drinks per day for men to be moderate drinking. 2.1

3. Keep a "diary" of your drinking.

   To help you reach your goal, keep a diary of your drinking. For example, write down every time you have a drink for three or four weeks. This will show you when, where, and how much you drink. How different is you goal from the amount you drink now?

Week:
	# of drinks	type of drinks	place consumed
Mon.
Tues.
Wed.
Thurs.
Fri.
Sat.
Sun.

DWI Alchohol

Drink Too Much?

Here are practical suggestions for either cutting down or abstaining from alcohol along with tips for helping loved ones who have a drinking problem. Useful sources of help for alcohol and drinking abuse problems are also listed.

Some Questions

Could you or someone you care about drink too much? 1

• Do you drink alone when you feel angry or sad?
• Does your drinking ever make you late for school or work?
• Does your drinking worry your family or friends?
• Do you ever drink after telling yourself you won't?
• Do you ever forget what you did while you were drinking?
• Do you ever get headaches or have hangovers after drinking?
• Have you started hanging out with heavy drinking friends?
• Do your friends use less alcohol than you do?
• Have you ever been in trouble because of your drinking?
• Do you ever borrow money or go without things in order to buy alcohol?
• Is drinking hurting your reputation?
• Do you feel a sense of power when drinking?
• Do you ever drink until your supply is gone?

• Have you ever lost friends because of your use of alcohol?
• Do you think you might have a drinking problem?

The more of these questions that apply, the greater the chance that you might have a problem with drinking. But having a drinking problem doesn't mean that you are alcoholic or that you have to abstain from alcohol. Most, people who experience problems from drinking choose to reduce their consumption to moderate levels rather than to abstain. You might consult with your doctor for advice.

Alcohol Tolerance May be a Sign of Alcohol Dependence

People sometimes take pride in their ability to “hold their liquor” better than others. Instead they should consult their physician or other health care provider. That’s because alcohol tolerance is often considered a symptom of alcohol dependency.

Alcohol tolerance refers to a decreased response to the effects of ethanol in alcoholic beverages. This reduced sensitivity requires that higher quantities of alcohol be consumed in order to achieve the same effects as before tolerance began to occur.

There is some evidence that people with a family history of alcoholism may develop tolerance more quickly or easily than others.

Heavy alcohol consumption over a period of years can lead to "reverse tolerance." A liver can be damaged by alcohol abuse leading to a buildup of fat and scar tissue. The reduced ability of such a liver to metabolize or break down alcohol means that small amounts can lead to a high blood alcohol concentration (BAC) and resulting intoxication.

Health Issues

Does Alcohol Have Nutritional Value?

Alcoholic beverages have nutritional value with little or no fat carbohydrates (carbs), cholesterol, or sodium (salt). Alcoholic drinks tend to have fewer calories than non-alcoholic drinks.

Counseling by Phone Effective for Problem Drinkers

Telephone or phone counseling with doctors or health professionals is effective for problem drinkers or alcohol abusers.

Women Can Cut Heart Attack Risk Up to 92% by Doing Five Simple Things

Women can cut heart attack risk by eating a good diet, drinking alcohol in moderation, exercising, keeping the waist trimmer than hips, and not smoking tobacco. Heart attacks are a major killer of women.

Pregnant Women and Advice on Drinking Alcohol

Facts for pregnant women to consider about drinking alcohol (beer, wine, liquor) while pregnant; conflicting advice from Royal College of Obstetricians and Gynaecologists, National Institute for Health and Clinical Excellence, British Medical Journal and British Medical Association confuse mothers to be. Many fear Fetal Alcohol Syndrome (FAS) and choose abstaining from alcoholic beverages.

Drinking Alcohol, Dementia and Alzheimer’s Disease

Summarizes research demonstrating that moderate drinking or consumption of alcoholic beverages (beer, wine, or liquor) reduces the risk of dementia, including Alzheimer’s disease.

How Alcohol Reduces Risk of Heart Attacks and other Cardiovascular Diseases

Research has suggested another way in which drinking alcohol (beer, wine and distilled spirits) enhances cardiovascular health: it improves the size of both HDL and LDL cholesterol particles in the blood, according to a study published in the Journal of Clinical Endocrinology & Metabolism. Improved cholesterol particle size has been linked to improved resistance to disease.

Mailing Self-Help Pamphlet to Drinkers Reduces Heavy Drinking and Alcohol Abuse

Mailing a simple self-help information pamphlet brief intervention to interested drinkers can reduce heavy and binge drinking by 10%. This social norms marketing technique reduces drinking abuse problems in the general population.

Kudzu, Hangovers and Cancer

Kudzu is being widely marketed as a remedy for hangovers, although there is little evidence that it reduces alcohol consumption and none that it relieves symptoms but there is good evidence that it increases risk of cervical cancer significantly.

Generally speaking, in addition to suspension of driving privileges, the penalties for Driving Under the Influence of alcohol as a minor are as follows:

First Offense: Class C Misdemeanor. If the minor is under age 18, most courts require a parent or guardian to be present at every court appearance. Upon conviction, a minor may be fined, and will be required to perform community service. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. If the minor fails to complete the alcohol awareness course within the 90-day period, the court may impose an additional license suspension of up to six months.

For a first offense, the minor may receive deferred adjudication; however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday.

Second Offense. Everything that applies to a first-offense conviction applies to a second conviction, with the following exceptions: The minor will be required to complete a minimum of 40 hours of community service. Furthermore, a second or any subsequent conviction may not be expunged from the minor's record; however, the minor may still receive deferred adjudication for a second offense.

Generally, yes, upon proving a necessity to drive, a minor may be issued an Occupational Driver's License. To receive an Occupational Driver's License, the law requires that good cause be shown. Examples of "good cause" under Texas law include:

• Going to/from work

• Taking children to/from school

• Going to/from a religious service

• Traveling to/from a grocery store

• Traveling to/from a medical facility for treatment.

This type of license permits a person to operate a motor vehicle for up to 12 hours per day. This privilege is, however, subject to restrictions.

Yes. A minor has the right to an Administrative License Revocation Hearing (these are commonly called ALR hearings). A written request must be made within 15 days of the date of notice of suspension (typically the date of offense) to the Department of Public Safety headquarters in Austin.

Yes. The Juvenile Justice Code classifies first-offense DUI and other alcohol-related driving offenses as delinquent conduct indicating a need for supervision. What this means is that a juvenile convicted of first-offense DUI can be placed on probation or committed to the Texas Youth Commission for confinement and rehabilitation.

The Department of Public Safety (DPS) will automatically suspend the license of any minor convicted of an alcohol-related driving offense for one year.

The Department of Public Safety (DPS) will automatically suspend the license of any minor convicted of an alcohol-related driving offense for one year.

Yes; however, a minor's refusal to submit to a properly requested breath test will result in the following penalties:

• Suspension of the minor's driving privileges for not less than 120 days after a first arrest for an alcohol-related driving offense. If the minor was arrested and does not have a license, the state will not issue one to the minor for 120 days.
  
• A 240-day suspension of driving privileges if the minor's record reflects one or more drug- or alcohol-related offenses during the five-year period preceding the arrest.

Yes, the implied consent law applies to both minors and adults. Texas law deems that all persons who drive with a Texas license have already conditionally agreed, after being arrested, to take either a breath or blood test upon being properly requested to do so by a police officer. A proper request requires the officer not only to read a required statutory script to the arrestee, but also to furnish the written script to the arrestee before the test request is made.

DUI is a charge made against a minor who is suspected of driving after having consumed any amount of alcohol, regardless of that person's blood-alcohol level. To be charged with DUI, the driver may not have anywhere near a .08 blood-alcohol level, but that is irrelevant. The mere presence of alcohol is enough to warrant the charge, as the driver is below the legal drinking age. However, if a minor is shown to have a .08 blood-alcohol level, or lost the use of mental or physical faculties, he is then subjected to prosecution under DWI laws.

A minor is defined as any person under 21 years of age. Thus, a minor is not necessarily a juvenile. Persons between 17 and 20 years of age may be classified as minors, but they may also be prosecuted as adults.

A minor commits the offense of DUI if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in his or her system.

DWI with a child passenger:

To drive while intoxicated if there is another person in the vehicle who is under 15 years of age is a state felony. Punishment is confinement to state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

DWI with an accident where serious bodily injury occurred:

This crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony).

DWI where a death has been caused:

This crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).

The law states that a minor commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system.

If you're under 21, here's what happens the first time you are stopped for drinking and driving.

• 60-day driver's license suspension
• up to a $500 fine
• 20 to 40 hours of community service
• mandatory attendance in alcohol-awareness classes

If you're under 21, here's what happens the first time you are found in possession of alcohol.

Any amount of beer, wine or liquor will trigger these penalties.

• 30-day driver's license suspension
• up to a $500 fine
• 8 to 12 hours of community service
• mandatory attendance in alcohol-awareness classes

First Offense Under 18: If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday.

If you're under 18, here's what happens if you're stopped for drinking and driving with a blood alcohol concentration of .08 or greater.

Some people, particularly teenagers, can reach a .08 BAC with two or three beers an hour.

• up to a $2,000 fine
• 72 hours to 180 days in jail
• driver's license suspension of 90 days to one year

---

Other Possible First Offender Penalties:

First Offense DWI with an open alcohol container:

• All the penalties referenced under First Offense (above), plus:
• A minimum 6 days in jail.

Alcohol in the Diet:
Facts & Information

by David J. Hanson, Ph. D.

Both culturally and legally alcohol is food. 1 However, as long ago as the 1800s, temperance writers insisted that alcohol was not a food. 2 Instead, they described it as a poison that was dangerous to life and health. 3 That long tradition continues to this day. In fact stigmatizing alcoholic beverages and discouraging their use have actually become U.S. federal policy. 4

But the scientific medical fact is clear: drinking alcohol in moderation is associated with better health and greater longevity than is either abstaining or abusing alcohol. 5

Some critics have suggested that moderate drinkers have lower mortality than abstainers because abstainers include alcoholics who have damaged their health and no longer drink. However, even when abstainers are limited to those who have never consumed alcohol (thus excluding alcoholics), the relationship remains. That is, moderate drinkers have lower mortality than abstainers who have never consumed alcohol. 6

Critics have also suggested that the health benefits of alcohol are not in the substance but in the lifestyle of those who drink in moderation. Perhaps moderate drinkers have a better or more healthful lifestyle than do either abstainers or those who abuse alcohol. However, even when such confounding factors as diet, exercise, socio-economic status and income level are accounted for, moderate drinkers still have a lower overall mortality than either abstainers or heavy drinkers.

But which alcoholic beverage is the best choice? Well known medical authority Dr. Dean Edell explains that there are “differences of opinion about whether beer, wine, or liquor offers the quickest route to a longer life. Of ten major studies, one-third found this true for wine, one-third for beer, and one-third for liquor. Most researchers now believe that it is the alcohol in all of them that provides the magic, but they don’t rule out other components of alcoholic beverages.” 7

The bottom line is that abstaining from alcohol is a risk factor associated with poor health and early death. 8

For an overview of the subject, visit Alcohol and Health.

Summaries of Alcohol in the Diet Issues

Alcoholic Beverages are Foods

Eatwise Pyramid

Alcohol as a Dietary Supplement

Alcohol, Health & Longevity: Is it the Alcohol or the Lifestyle?

Abstinence is Health Risk Factor

U.S. Government: Moderate Drinking Benefits Health

Beer is Better than Milk

Alcohol in the Diet

Alcohol is Good for Health

“Three Budweisers Equal a Quarter Pounder”

Anti-Alcohol Bureaucrats Suppress Important Health Information

Calories, Carbs & Fat in Popular Beverages

Alcohol, Calories & Weight

Medical Reports

Drinking Decreases Deaths

Nutrition Labels for Alcohol Beverages

Alcopops, Calories & Weight Gain

Moderate Drinkers Live Longer

French Grocers Sell Beer, Wine and Distilled Spirits

Alcohol & Health: Should the Public Know the Truth?

Alcohol and Energy for the Body

Slowing the Ageing Process

Helpful Published Reports on Alcohol and Health

Edell, D. Life, Liberty, and the Pursuit of Healthiness. NY: HarperCollins, 2004.

Edell, D. Eat, Drink and be Merry: America’s Doctor Tells You Why the Health Experts are Wrong. NY: HarperCollins, 1999.

Ford, G. The Science of Healthy Drinking. San Francisco, CA: Wine Appreciation Guild, 2003.

Ford, G. The Benefits of Moderate Drinking: Alcohol, Health and Society. San Francisco, CA: Wine Appreciation Guild, 1988.

Ford, G. The French Paradox & Drinking for Health. San Francisco, CA: Wine Appreciation Guild, 1993.

Fox, B. To Your Health: The Healing Power of Alcohol. NY: St. Martin‘s Press, 1997.

Gilson, C., and Bennett, V. Alcohol and Women. Irving, TX: Fusion Press, 2001.

Hellerstedt, W. L., et al. The association between alcohol intake and adiposity in the general population. American Journal of Epidemiology, 1990, 132(4), 594-611.

Kahn, H. S., et al. Stable behaviors associated with adults' 10-year change in body mass index and the likelihood of gain at the waist. American Journal of Public Health, 1997, 87(5), 747-754.

Kowalski, R.E. The New 8-Week Cholesterol Cure. NY: HarperCollins, 2002.

Liu, S., et al. A prospective study of alcohol intake and change in body weight among US adults. American Journal of Clinical Nutrition, 1994, 140(10), 912-920.

MacDonald, I. (Ed.). Health Issues Related to Alcohol Consumption. Oxford: International Life Sciences Institute, Blackwell Science, 1999.

Peele, S., and Grant, M. Alcohol and Pleasure: A Health Perspective. Philadelphia, PA: Brunner/Mazel, 1999.

Prentice, A. M. Alcohol and obesity. International Journal of Obesity, 1995, 19(Suppl. 5), S44-S50.

Stuttaford, T. To Your Good Health! The Wise Drinkers Guide. London: Faber & Faber, 1997.

Willett, Walter C., with the assistance of others. Eat, Drink, and Be Healthy: The Harvard Medical School Guide to Healthy Eating. New York: Simon & Schuster, 2001.

Readings on Alcohol Advertising

AdAge Special Report on leading national advertisers ranked by total advertising spending in the U.S. Advertising Age, June 28, 2004, p. S-2.

Bloomberg News, FTC Says Alcohol Type Not Aimed at Minors. Los Angeles Times (June 5, 2002).

Cafiso, J., Goodstadt, M., Garlington, W., and Sheppard, M. Television portrayal of alcohol and other beverages. Journal of Studies on Alcohol, 1982, 43, 1232-1243.

Center on Alcohol Marketing and Youth. Out of Control: Alcohol Advertising Taking Aim at America’s Youth. Washington, DC: Center on Alcohol Marketing and Youth, 2002. [This and the other CAMY reports have been criticized for their lack of scientific peer review and for their serious logical and methodological inadequacies.] *

Center on Alcohol Marketing and Youth. Television: Alcohol‘s Vast Adland. Washington, DC: Center on Alcohol Marketing and Youth, 2002. [This and the other CAMY reports have been criticized for their lack of scientific peer review and for their serious logical and methodological inadequacies.] *

Center on Alcohol Marketing and Youth. Overexposed: Youth as a Target of Alcohol Advertising in Magazines. Washington, DC: Center on Alcohol Marketing and Youth, 2002. [This and the other CAMY reports have been criticized for their lack of scientific peer review and for their serious logical and methodological inadequacies.] *

Center on Alcohol Marketing and Youth. Radio Daze: Alcohol Ads Tune in Underage Youth. Washington, DC: Center on Alcohol Marketing and Youth, 2003. [This and the other CAMY reports have been criticized for their lack of scientific peer review and for their serious logical and methodological inadequacies.] *

Center on Alcohol Marketing and Youth. Exposure of African-American Youth to Alcohol Advertising. Washington, DC: Center on Alcohol Marketing and Youth, 2003. [This and the other CAMY reports have been criticized for their lack of scientific peer review and for their serious logical and methodological inadequacies.] *

Center on Alcohol Marketing and Youth. Exposure of Hispanic Youth to Alcohol Advertising. Washington, DC: Center on Alcohol Marketing and Youth, 2003. [This and the other CAMY reports have been criticized for their lack of scientific peer review and for their serious logical and methodological inadequacies.] *

Hacker, George, R. Collins and Michael Jacobson. Marketing Booze to Blacks. Washington, DC: Center for Science in the Public Interest, 1987 *

Chafetz, Morris E. Television Liquor Ads will not Promote Underage Drinking. In: Scott, Barbour (ed.) Alcohol, Opposing Viewpoints. San Diego, CA: Greenhaven Press, 1998. pp. 75-77.

Connolly, G. M., Casswell, S., Zhang, J-F., and Silva, P. A. Alcohol in the mass media and drinking by adolescents: A longitudinal study. Addiction, 1994, 89, 1255-1263.

Crawford, C. T., and Gramm, W. L. K. Cover memo to Omnibus Petition for Regulation of Unfair and Deceptive Alcoholic Beverage Advertising and Marketing Practices, Docket No. 209-46. Washington, DC: Federal Trade Commission, March 6, 1985, p. 2.

Federal Trade Commission. Alcohol Marketing and Advertising: A Report to Congress. Washington, DC: Federal Trade Commission, 2003.

Fisher, Joseph C. Advertising, Alcohol Consumption, and Abuse: A Worldwide Survey. Westport, CT: Greenwood Press, 1993, p. 150.

Frankena, M., Cohen, M., Daniel, T., Ehrlich, L., Greenspun, N., and Kelman, D. Alcohol Advertising, Consumption and Abuse. In: Federal Trade Commission. Recommendations of the Staff of the Federal Trade Commission: Omnibus Petition for Regulation of Unfair and Deceptive Alcoholic Beverage Marketing Practices, Docket No. 209-46. Washington, DC: Federal Trade Commission, 1985.

Goetz, D. Liquor industry gets stricter on advertising. Courier-Journal (Louisville, KY), 9-10-03.

Jacobson, Michael, Robert Atkins and George Hacker. The Booze Merchants: the Inebriating of America. Washington, DC: Center for Science in the Public Interest, 1983. [In this book CSPI began using the theme that alcohol marketing “targets kids.”] *

Maxwell, B., and Michael Jacobson. Marketing Disease to Hispanics: Alcohol.... Washington, DC: Center for Science in he Public Interest, 1989.

Jernigan, David. Selling booze to our babies. Albuquerque Tribune Online, 8-28-03. [Mr. Jernigan has been employed by the Center on Alcohol Marketing and Youth (CAMY).] *

Melillo, W. FTC: Ads for "Alcopops" Not Aimed at Teens, Adweek (June 6, 2002)

Moskowitz, Joel M. The primary prevention of alcohol problems: A critical review of the research literature. Journal of Studies on Alcohol, 1989, 50, 54-88.

Nelson, J.P and Young, D.J. Meta-Analysis of Alcohol Advertising Bans: Cumulative Econometric Estimates of Regulatory Effects. Pennsylvania State University and Montana State University, January, 2003

Nelson, Jon P. Broadcast Advertising and U. S. Demand for Alcoholic Beverages. University Park, PA: Pennsylvania State University, 1977.

Nelson, Jon P. and Moran, J. R. Advertising and U. S. alcoholic beverage demand: a growth-accounting analysis. Empirical Economics, 1995, 22, 1-20.

Ogbourne, A. C., and Smart, R. G. Will restrictions on alcohol advertising reduce alcohol consumption? The British Journal of Addiction, 1980, 75, 296-298.

Pittman, David J., and Lambert, M. Dow. Alcohol, Alcoholism and Advertising. St. Louis, MO: Washington University, Social Science Institute, 1978.

Sanders, James. Alcohol Advertisements Do Not Encourage Alcohol Abuse Among Teens. In: Wekesser, Carol (ed.) Alcoholism. San Diego, CA: Greenhaven Press, 1994. Pp. 132-135, p. 133.

Santini, J. Court Slams Liquor-Ad Ban: Appelate judges Say Utah's Distinguishing Between Types of Alcohol is "Irrational." The Salt Lake Tribune, July 25, 2001

Shoup, Harold, and Dobday, Christine. Alcohol Advertising Restrictions without Due Cause. In: Engs, Ruth C. (ed.) Controversies in the Addictions Field. Dubuque, IA: Kendall/Hunt, 1990. Pp. 130-135.

Smart, Reginald G. Does alcohol advertising affect overall consumption? A review of empirical studies. Journal of Studies on Alcohol, 1988, 49, 314-323.

Smart, Reginald G. The Impact of Prevention Measures: An Examination of Research Findings. In: Institute of Medicine. Legislative Approaches to Prevention of Alcohol-Related Problems: An Inter-American Workshop - Proceedings. Washington, DC: National Academy Press, 1982. Pp. 224-246.

Smart, R. G., and Cutler, R. E. The alcohol advertising ban in British Columbia: Problems and effects on beverage consumption. The British Journal of Addiction. 1976, 7, 13-21.

Snyder, Susan. Ruling could put alcohol ads back in college newspapers. A federal court overturned a Pa. law that banned paid alcohol ads. Schools and their student papers are assessing the impact. Philadelphia Inquirer, August 4, 2004.

Taylor, Patricia. Alcohol Advertisements Encourage Alcohol Abuse. In: Wekesser, Carol (ed.) Alcoholism. San Diego, CA: Greenhaven Press, 1994. Pp. 111-121, p. 112. (Chapter is from Taylor's testimony before the U.S. House of Representatives Subcommittee on Transportation and Hazardous Materials, March 1, 1990.) [Ms. Taylor is former Director of the Alcohol Policies Project of the Center for Science in the Public Interest.] *

U.S. Department of Health and Human Services. Alcohol and health: Seventh Special Report to the U.S. Congress on Alcohol and Health From the Secretary of Health and Human Services. Rockville, MD: U.S. Department of Health and Human Services, 1990, pp. 211-212.

Whitehead, P. Is Advertising Effective? Implications for Public Health Policy. In: Rush, Brian, and Ogborne, Allan C. (Eds.) Evaluation Research in the Canadian Addictions Field. Ottawa, Ontario: Health and Welfare Canada, 1983. Pp. 32-33.

* The Center on Alcohol Marketing and Youth (CAMY) and the Center for Science in the Public Interest (CSPI) are both heavily funded by the Robert Wood Johnson Foundation. The Foundation gives over fifty million dollars ($50,000,000) annually, that’s about one million dollars per week, to temperance-oriented organizations. To learn more about the foundation, visit http://www.alcoholfacts.org/TemperanceFinancier.html