Articles Posted in Drunk Driving in Massachusetts

Drunk driving is one of the most dangerous behaviors that a person can engage in.

Our Boston drunk driving accident lawyers know that thousands of lives are lost each year as a result of the actions of a drunk driver. Unfortunately, while people know drunk driving is dangerous,some still choose to do it anyway. Some of those who would drive drunk, however, are deterred by the fact that it is a crime. Others who do drive drunk are stopped from hurting themselves and others as a result of criminal laws that give police the authority to make an arrest.

Unfortunately, as the Boston Globe reports, the number of drunk driving arrests in Boston is in decline. This is raising alarm among activists who believe that this is making the city much more dangerous.

Boston Drunk Driving Arrests Decline
According to the Boston Globe, arrests for impaired driving in Boston have fallen by as much as one-third since 2009. Last year, for example, Boston only made a grand total of 241 arrests for drunk driving. This is around two arrests every three days, down significantly from the number of arrests per day in prior years.

Boston is not only showing a decline in the number of drunk driving arrests as compared with prior years, the city is also showing that it is falling short when compared to other locations. For example, Denver had more than 3,000 drunk driving arrests last year although it has a slightly lower population than Boston. In Charlotte, North Carolina, a slightly larger city in a smaller metro region, there were 1,600 arrests last year for drunk driving. Both the 1,600 arrests and the 3,000+ arrests were significantly more arrests than Boston’s 241.

It might be nice to think that Boston simply doesn’t have very many drunk drivers. Boston police argue that the low number of arrests is simply because Boston is a walkable city. However, chances are this is not making much of an impact since Boston was a walkable city with a good public transportation system before the decline in arrests.

In fact, there are likely as many drunk drivers as ever– they just aren’t being arrested. Law enforcement officials and drunk driving opponents believe that the very small number of arrests and the significant decline in DUI actions is because law enforcement doesn’t place drunk driving as a priority. The Boston Globe indicated that police cannot prioritize drunk driving because they are focusing on fighting violent crimes, responding to emergency situations and protecting rough neighborhoods.

Another possible explanation is that there still are many arrests but that the arrests are being carried out by the state police rather than the Boston police (who have the low arrest statistics). State police have made more than 1,400 drunk driving arrests since 2010 started and they are responsible for controlling almost all roadways in and out of the city.

However, the significant decline in the number arrested is still cause for concern because there are plenty of streets within the city of Boston where drunk drivers are putting everyone at risk.
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There’s one local government in Ireland that recently decided to raise it’s legal blood alcohol concentration (BAC) level for drivers. According to the International Business Times, a local politician thought that residents should be able to drink more and then drive home. He said that these residents weren’t likely to crash on rural roadways and that the extra drinks were going to help fight off mental illness.

Our Boston drunk driving injury attorneys understand that many headlines proclaim this local government has “legalized drunk driving.” But the truth is that its newly-increased legal BAC level is still lower than the ..08 percent allotted for U.S. drivers. The small Ireland town simply went from a .05 to a .07 percent. Still, any amount of alcohol can negatively affect our skills behind the wheel. Alcohol slows down our reaction abilities and increases our risk for an accident.

“The risk of being in a crash gradually increases at each BAC level, but rises very rapidly after a driver reaches or exceeds .08 BAC,” stated an National Highway Traffic Safety Administration (NHTSA) report.

According to Mothers Against Drunk Driving (MADD), there were close to 10,000 people killed in the U.S. because of alcohol-related car accidents. These accidents also injured close to 400,000 people. Alcohol-impaired drivers cost the country more than $130 billion each and every year. And even if you’re not involved in a drunk driving car accident, you’re helping to foot the bill. These accidents affect everyone in the community.

It’s so bad that every 53 minutes, on average, someone is killed in a drunk driving crash in the United States. It’s the cause of about a third of our fatal car accidents each year. What’s so alarming about this is that these collisions are completely preventable. There’s never a good reason for a driver to get behind the wheel after consuming any amount of alcohol. There are so many other safe and sober ways to get to where you’ve got to be. There are cab companies, buses, public transit as well as friends and family members. Heck, you can even snag a hotel room and sleep it off. There’s never a good reason to risk your life and the lives of innocent travelers because you’re under the influence.

In the state of Massachusetts, there were close to 150 alcohol-related car accident fatalities in 2011. According to the National Highway Traffic Safety Administration (NHTSA), more than 110 of these fatalities involved a driver who was legally drunk behind the wheel.

Be careful out there, especially at night. During the evening hours, drivers are four times more likely to hop behind the wheel legally drunk. Our young ones are at risk, too. As a matter of fact, drivers between the ages of 21 and 24 are most likely to be intoxicated when involved in a fatal accident. Regardless of time of day or age — stay sober and safe behind the wheel.
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A recent car accident in Lakeville left a woman in jail on a $100,000 bond. According to My FOX Boston, the accident took the life of a teenage driver.

The 23-year-old accused driver entered a plea of not guilty in Wareham District Court to charges of driving to endanger, driving under the influence of liquor with serious injury and negligence as well as marked lanes violations.

It happened at roughly 2:00 a.m. on Route 44 in Lakeville. According to accident reports, the collision was so powerful that it flipped both vehicles upside down. In addition to the teenage death, there was another occupant seriously injured in the wreck. When officers tested the driver at the scene, she returned a blood alcohol level (BAC) of nearly .15 percent. The limit in the state of Massachusetts is .08.

Our Lakeville car accident attorneys understand that prosecutors are accusing the woman of not only being drunk, but high as well. Drugged driving continues to be a problem not only in Massachusetts, but on roadways nationwide. Drugged driving is dangerous driving and oftentimes leads to death. According to the Office of National Drug Control Policy, about one out of every eight weekend, nighttime accidents involve a driver who tested positive for illicit drugs in 2010.

Overall, officials estimate that about 20 percent of all accidents in the U.S. are caused by drugged driving. What this means is that an estimated 6,760 people are killed, close to 450,000 people are injured and these accident run a tab of close to $60 billion each year.

The truth of the matter is that drugged driving poses threats to public safety, as evidenced by the number of fatal crashes each year on our county’s highways.

In recent years, more attention has been given to drugs other than alcohol that have increasingly been recognized as hazards to road traffic safety. Overall, marijuana is the most prevalent illegal drug detected in impaired drivers, fatally injured drivers and motor vehicle crash victims. Other drugs also implicated include benzodiazepines, cocaine, opiates, and amphetamines.

Even with all the research on just how dangerous drugs can be for drivers, drugged driving laws have not been able to keep up with alcohol-related driving legislation. Many believe that this is because of the limitations of technology in determining specific levels of impairment based on levels of the drugs in the system. Detection of alcohol, through technology has developed a very effective means of measuring BAC and level of impairment. For drugs, other than alcohol, no such agreed upon standard like the BAC has been reliably demonstrated.

It’s important that you never get behind the wheel after consuming mind-altering drugs. It’s also important for you to understand that your everyday medications and prescription drugs can effect your reflexes and judgment behind the wheel.
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A woman was killed in a recent accident in Waltham, and her boyfriend has been arrested.

According to Wicked Local, the boyfriend was recently arrested and was charged with operating under the influence. The accident happened after their vehicle flipped on Main Street. He was following her vehicle as it happened.

The Middlesex District Attorney’s office reports that the two were leaving a party in Maynard and were heading home when it all happened. He remained at the crash site after the accident. According to officers, the boyfriend appeared to be intoxicated. He had bloodshot eyes, he was slurring his words and his balance was unsteady. He admitted that he had been drinking prior to the accident, but said that he didn’t know how the accident happened.

Our Waltham accident lawyers understand that there is no safe way to get home if you’re behind the wheel of a motor vehicle after drinking. You can have your buddies follow you, you can take roadways that aren’t populated — you can even use the one-eye-open trick. You are still a high risk to yourself and everyone else on the road There is never a time you should get behind the wheel after consuming alcohol. Your risks for an accident, serious injury and even death skyrocket.

After speaking with officers, the man was arrested because he refused to take a sobriety test. As they booked him, officers found a bottle of vodka in his coat pocket. He entered a plea of not guilty to his OUI charges.

According to police reports, the girlfriend was not wearing her seat belt when the vehicle flipped over. Officers are also citing speed as a factor in the accident.

According to Alcohol Alert, there were close to 350 people killed in alcohol-related car accidents in the state of Massachusetts in 2011. These accidents accounted for close to 40 percent of all of the car accidents recorded in the state for the year.

In 2010, there were fewer than 315 drunk driving-related fatalities in the state.

But why do people continue to get behind the wheel after consuming alcohol? There are so many alternative and safe ways to get home.

Every year, there are thousands who are killed in these drunk driving car accidents. These accidents are completely preventable. You’re not only risking your own life, but you’re risking the lives of innocent people. Make the safe and responsible decision.

The first and most important thing you should do is designate a sober driver to get you home. If you’re stuck without a designated driver — don’t worry. You can call a taxi, call a friend or family member, make use of public transportation or stay the night somewhere.
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It may seem odd to wish someone a hangover, but it’s our sincere hope that this is the worst thing Boston St. Patrick’s Day revelers will be coping with the morning after. Too often, people end up with either a DUI or injuries sustained as a result of being hit by a drunk driver.

However, our Boston drunk driving accident attorneys continue to be baffled by how many people – even knowing the risk – will get behind the wheel of a vehicle after a full day or evening of drinking.

While we take no issue with the celebratory nature of the holiday, the problem is when someone overdoes it and then deems themselves in worthy shape to drive. It happens every year, without fail, sometimes to long-lasting or tragic consequences.

It’s truly senseless.

The City of Boston is taking special precautions to ensure safety, but ultimately, it will be up to individuals to plan accordingly and abide by those laws. Part of the city’s plan is to have all liquor retailers close by 4 p.m. Sunday and all bars to close by 4:30 p.m. The idea is to give people enough daylight to sober up and go home.

It’s worth noting that because a number of major thoroughfares are going to be shut down anyway due to the parade, familiar routes will no longer be available for traversing. This is one more way that officials are hoping to encourage the use of public transportation, as opposed to private modes.

Additionally, the Boston Police Department has announced plans to boost its patrols and visibility, in order to discourage people from driving after they’ve been drinking. The agency is also teaming up with local universities so that any student who is arrested for crimes like DUI or drunk and disorderly will not only face the criminal consequences, he or she will also be subject to additional penalties imposed by their school.

Officers indicated they will be conducting numerous, random walk-throughs of a number of city streets and bars, particularly those that are prone to host a large number of college students.

A number of officers are also being assigned to posts at various liquor sale establishments with the sole purpose of ensuring adherence to city and state ordinances regarding alcohol sales.

City officials advised celebrants to bear in mind the following:

• Public drinking won’t be tolerated, and violators will be subject to citation or arrest;
• Engaging in behavior such as destruction of property or fighting would be dealt with swiftly by local law enforcement teams;
• Failure to abide by police instructions to disperse peaceably will put you at risk for arrest;
• Public transportation and taxis will be available the entire day and all through the evening to assist those revelers who are too intoxicated to drive themselves home.

The NHTSA has a few tips as well, including:

• Be sure to designate a sober driver or have alternative transportation planned before you head out;
• Never ever let a friend drive intoxicated. Figure out a safe plan for them to get home.
• Do not get in a vehicle with a driver who has been drinking.
• Always wear your seat belt, as it is one of the best defenses available against drunk drivers.

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Spring Training is a lot of fun for the fans, but it’s serious business for the players. Unfortunately, Red Sox picthing prospect Drake Britton had a little too much fun and is facing a driving under the influence charge, according to the Bleacher Report.

It all happened just before 5:00 a.m. Incident reports indicate that Britton was driving a pickup truck and traveling more than 110 miles per hour in an area with a 45 mile per hour speed limit. The prospective pitcher was being pursued by an officer when he veered between two moving vehicles, hopped over a curb and slammed into a fence. He continued down a dirt road where he finally came to a stop. When asked for his driver’s license, Britton handed over his debit card, according to ESPN Boston.

Our Boston drunk driving accident lawyers understand that the Red Sox prospect refused a breath test, but the officer noted bloodshot eyes, slurred speech and the smell of alcohol. He was arrested and booked for driving under the influence. Unfortunately for the Red Sox, this is the team’s second DUI incident in the last 2 years. Last Spring, Bobby Jenks was arrested on similar charges.

“Fortunately in this case, there was no one injured. But the bottom line is, it’s a very serious issue with us,” said manager John Farrell.

According to The Century Council, there were more than 110 people killed in alcohol-related car accidents in Massachusetts in 2010. Of these accidents, only about 20 percent of them reported a BAC between .08 and .14 percent. The rest of the fatalities involved an accident with a driver with a BAC of .15 percent or higher.

Drunk driving is a very serious problem and it comes with serious consequences. Not only do these irresponsible drivers run the risk of killing themselves or killing another traveler in an accident, but they face jail time, license revocation and some costly fines and fees.

In Massachusetts, you’re going to get your license taken away for 180 days if you refuse to take a breathalyzer. If you’re busted for drunk driving, you face jail time up to 30 months. You’re also looking at fines between $500 and $5,000. You also have to dish out $25 for an assessment and $50 for the DUI Victim Trust Fund. You can have your license suspended for a year and you could be assigned to complete a treatment program.

Drunk driving car accidents are completely preventable and the risks just aren’t worth it. Save a life, save some lives and stay out of jail by driving responsibly and driving sober each and every time. It’s just not worth it.
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Teenage drunk driving is a major problem in Boston and throughout the United States. Teenagers are inexperienced drivers under the best of circumstances and are more likely than their older counterparts to get into an accident and to hurt themselves or others. Teens who drive drunk are, of course, not in the best of circumstances and are taking a very significant risk with their own lives, the lives of passengers and the lives of every single other person who happens to be on the road at the time.

Recently, some schools have begun trying to take more active measures to curb teen drunk driving. Our Boston injury attorneys support efforts to reduce the dangers of drunk driving although there is some controversy as to whether the steps the schools have taken are legal or ethical. We believe that the rights of teens need to be respected, but that schools and parents should take some responsibility for educating teens on the dangers of drunk driving and imposing consequences for the behavior.

The Controversial Use of Breath Tests in Schools
According to Boston.com, two Massachusetts’ students who attend Weymouth High School have now sued the school system as a result of their suspensions following the homecoming dance. The students, both girls, were given a breath test after the homecoming dance.

Based on the results of the breath test, they were suspended for nine days under the school’s zero-tolerance policy for alcohol consumption. The state of Massachusetts also has a zero-tolerance policy for young drivers, who can have their license suspended for DUI even if they are below the .08 legal limit that applies to adults over 21.

The girls who were suspended suggest that the school district violated their due process rights and their civil rights. They contend they were not intoxicated at the time when the breath tests took place and they want their school records to be expunged by the district.

The case has, according to Boston.com, drawn attention to the use of breath tests in schools as a method of stopping student drinking. There are several schools in the area that use breath tests, including Hingham High School, which has been administering a test to every student attending school sponsored dances since 2006 when a problem occurred. Westwood High School has also used breath tests as a condition of entry for school dances for years. Spokespeople for both these schools indicate that there has not been an incident of alcohol use at dances since the breath test policy went into effect.

While these schools admitted to using breath tests, the Boston.com article indicates that there is no clear data on exactly how many schools are using this practice but that it is likely not that common. There are legal issues that must be addressed, which may explain why more schools aren’t doing it.

However, the Boston.com article also indicates that interest is growing since teen drunk drivers are often killed when coming or going from a school activity. The use of breath tests may have their greatest advantage not in catching teens who are drunk but instead in acting as a deterrent, preventing the kids from drinking before attending an event. If this is the case and if teens aren’t tested without reasonable cause, but are stopped from drinking and endangering themselves through the threat of a breath test, this could be a good step towards combatting the dangers of teen drunk driving.
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Mothers Against Drunk Driving (MADD) has had a tremendous impact on changing the narrative on drunk driving and making it socially unacceptable to get drunk and drive. The organization, which was started by a mother who lost her child in a drunk driving accident, also has done a lot of public education and lobbying to try to inform the public about drunk driving dangers and to try to institute strong laws to deter DUI offenders.

On February 15, 2013, MADD also tackled another issue that drivers often face: the risk of driving at night. Our Boston drunk driving accident attorneys urge everyone to pay attention to the tips provided by Mothers Against Drunk Driving so they can drive more safely after dark.

MADD Tips for Night Driving
According to MADD, seven out of ten drivers in the United States is afraid to drive at night as a result of problems with low visibility. Drivers who are afraid to drive at night have varying concerns. Forty-percent of those drivers, for example, fear that they will hit a person or an animal when they are driving after dark. A quarter of surveyed drivers indicated that they were worried about their ability to see road markings and signs after the sun had set.

These concerns of drivers may be legitimate, at least to some extent, because visibility is worse at night and it is thus harder to stay safe and avoid crashes. MADD has provided some tips to help those who are afraid to drive at night, and their advice includes the following:

• Prepare to drive safely before getting on the road. This means adjusting the mirrors; setting the dimming feature on your rear-view mirror if you have this option; and making sure that the headlights are working and free of debris.
• Pay attention to headlights. Your own headlights should be set on high if you are driving in the country or on deserted roads but should be set lower for city driving so they do not blind others. You’ll also have to pay attention to the headlights of others. If you are being blinded by the bright headlights of an oncoming car, then you should try to move into a different lane where the headlights aren’t in your direct view. If you are being blinded by overly bright headlights behind you, then you may wish to move to the right to allow the car to pass or even to find a safe place to pull over and allow the other car to go ahead.
• Keep your windows clear. You should have an ice scraper with you in your vehicle at all times in order to make sure you can clear off snow and ice if an unexpected storm develops. It is also essential to keep your wiper fluid full and to be sure your wiper blades are working. The time to do this is before the snow storm, so be prepared.
• Use your defrost and defog feature if needed. This can be important to improve visibility on nights that are cold and damp. In order to get your windows defrosted as quickly as possible, you should pull in air from outside the vehicle rather than running the defroster in circulation mode. Circulation mode just circulates air that is in the car; it takes longer for windows to defog or defrost with circulation air instead of outside air.
• Remain alert. You always must be on the lookout for pedestrians, debris, animals, stalled cars and reflectors.

These tips should hopefully help you and your loved ones to avoid an accident at night. They also illustrate that those who drive drunk at night (an especially common time for drunk driving) are taking a grave risk since they will be less able to identify obstacles or respond to difficult night driving conditions. These drunk drivers are, unfortunately, likely to injure themselves or to injure others by their behavior.
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Underage drinking and driving is a deadly practice that Massachusetts is making every effort to combat. In 2013, for example, the Massachusetts Executive Office of Public Safety and Security is offering a grant to local district attorneys willing to host underage drinking prevention conferences.

Our Boston drunk driving accident attorneys are in favor of every effort to help stop teens from driving drunk. We believe that the new conferences planned by the Office of Public Safety and Security will prove helpful in finding new ways to combat the problem of underage drinking and driving.

The Dangers of Teen Drunk Driving
Stopping kids from drinking and driving is very important since the statistics indicate that drunk driving among teens is a major cause of injury and death. As the Massachusetts’ Executive Office of Public Safety and Security indicates:

• Auto accidents are the top cause of death for drivers ages 15-20. When young adults within this age group drive drunk, the danger is exacerbated because of their limited driving experience combined with the impairment caused by alcohol.
• NHTSA figures show that 30 percent of fatalities among 15-20 year olds killed in car accidents occurred when the drivers had a BAC of .01 or higher. In 25 percent of these fatal crashes, the drivers had a BAC of .08.
• 71 percent of the young drivers who were killed in drunk driving crashes in 2010 were not wearing their seat belts at the time of the accident.

The data on teens and drunk driving is cause for major concern and the Massachusetts’ Office of Public Safety and Security believes that new conferences taught by District Attorneys can potentially help to limit the serious risk to young drivers.

The Underage Drinking and Driving Conferences
According to the Office of Public Safety, the goals for the new conferences are statewide and include:

• Hosting conferences that last for at least one day and that bring together people who play a key roll in stopping underage drinking. These people include parents; court personnel and law enforcement; school employees and athletic coaches; healthcare providers; youth service providers; and business and government leaders.
• Creating a plan to increase the readiness of the community to enforce underage drinking laws and to help change the way people in the community look at underage drinking.
• Hosting workshops and presentations that touch upon important subjects such as social host laws; the link between drinking and highway safety; school policies; and making responsible decisions on the use of alcohol.
• Creating a forum for people to discuss the impact of the community on underage drinking. Discussions can include the social pressures within the community as well as how to encourage responsible decisions regarding underage drinking.
• Creating a method of evaluating the success of the conference and the progress towards instituting change within the community.

These goals are important ones that the Office of Public Safety has set because they believe community action is key to stopping underage drinking. The conferences recognize the role that adult influence can have on teens and hope to find ways to harness both the power of adult guidance as well as the power of the community to combat the serious problems of underage drinking and driving.
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In 2010, a drunk driver was involved in a hit-and-run crash in Worcester. The hit and run crash caused a fatality and the drunk driver is now out on parole. Concerned about the drunk driver’s history of DUI convictions and hoping to save other families from the grief of losing a loved one, the son of the deceased victim has taken matters into his own hands.

According to CBS Boston, the son of the victim has sent out thousands of post cards to Millbury and Sutton residents because the paroled drunk driver lives in the area. The postcards have a picture of the drunk driver along with a warning urging everyone to call 911 if the drunk driver is spotted driving.

Our Massachusetts drunk driving accident attorneys understand the devastation that a drunk driver can cause and we understand the motivations of the son of the deceased victim is issuing a warning to others. We hope that the driver who caused the crash will refrain from doing anything to harm anyone else and we hope that residents will be mindful of the warning on the postcards and will contact law enforcement if they see dangerous behavior on the road.

Taking Action to Stop Drunk Drivers
The post cards sent to warn residents of the paroled drunk driver include not just a picture of the man but also a listing of his prior motor vehicle convictions as well as orders from the judge mandating that he refrain from drinking and driving. The son of the man who was killed hopes that residents will be alerted by the post cards and will be able to call law enforcement before the driver can drive drunk and hurt anyone else. While this may seem like extreme behavior to some, the fact is convicted drunk drivers are far more likely to cause a serious or fatal accident than a driver who has no alcohol-related driving convictions on his record.

CBS Boston asked Millbury Police Chief Mark Moore about the postcards and the police chief indicated that this effort was the first of its kind that he had seen. However, the police chief also indicted that the information on the post card is both accurate and available through public record.

The drunk driver’s probation will last until 2022 and, based on his past actions, there is strong precedent suggesting he may not necessarily follow the requirements and refrain from drinking and driving. The drunk driver has violated probation in the past, prompting a judge to order both a GPS monitor as well as a device that checks blood alcohol remotely. These devices must be worn until probation ends.

The postcards will hopefully serve as another deterrent to prevent the man from drinking and driving again and as another means of enforcing his probation. When the community gets involved and stands up against drunk drivers who put others in danger, hopefully this will be enough to get the dangerous driver to change his ways once and for all.
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