It's Legal to Drink and Drive?

It's Legal to Drink and Drive?

A common observation by people who are arrested for driving under the influence (DUI) is, “I didn’t know I was drunk”. That’s understandable when considering all the factors that influence a person’s level of intoxication after consuming alcoholic beverages. It’s further confused by the legal breath alcohol concentration (BAC) limits, which are currently .08 in all states.

The law essentially says that it’s okay to drink and drive as long as your BAC does not exceed a certain level. At the same time, we are bombarded with messages from authorities that say, “Don’t drink and drive.”

So, which is it…don’t drive if you’ve been drinking at all, or don’t drive if your BAC exceeds a certain percentage?

If the answer is don’t drive at all if you’ve had anything to drink, that would put a lot of bars, nightclubs, restaurants and other alcohol serving establishments in a difficult position. They would be serving alcohol to many of their patrons, knowing full well that a lot of them drove there, and will likely drive home.

It’s common knowledge – and common sense – that consuming any alcohol will impair a person’s senses to some degree.

So why the mixed message? Why not just make it illegal to operate a motor vehicle with any level of impairment?

If it’s okay to consume SOME alcohol and then drive, how are people to know what their level of impairment is? You can’t reliably judge BAC by looking at someone: “You better not drive Fred, you look like a .10…”

Many people, particularly experienced drinkers, can consume several drinks without experiencing any of the typical signs of impairment, yet would still be considered legally intoxicated.

Without banning all levels of blood alcohol concentration for people who drive, the only solution is to allow the alcohol consuming public the opportunity to test themselves. This is possible with hand-held or coin-operated  breathalyzers. These alcohol testers make an interesting vending machine business, but they don't dispense anything except advice, i.e., "Do NOT drive!"

Massive Jury Award in Drunk Driving Case

In a stunning court case in New Jersey, a jury recently ordered a beer seller to pay the family of a paralyzed girl a total of $135 million in damages.

In late January, in Superior Court in Hackensack, the jury ordered Aramark Corporation, the concessionaire at Giants Stadium to pay $75 million in punitive and $60 million in compensatory damages for selling alcohol to a visibly drunk fan.

The fan, Daniel Lanzaro, subsequently caused an accident that paralyzed 7 year old Antonia Verni of Cliffside Park.

The jury determined that Aramark willfully disregarded public safety when it sold beer to Lanzaro on October 24, 1999, despite his obvious intoxication. You can read more about the horrible tragedy here: Drunk Driving Tragedy

Perhaps if there had been an Alcohol Alert machine nearby, they could have directed him to test himself so he could see the extent of his impairment and make a better choice about drinking and driving, and reduce their liability in the process.

Imagine how many Alcohol Alert breath testing machines could be purchased for $135 million. Tens of thousands. That’s more than enough money to install one at every exit at every professional and college sports stadium in the United States.