Boston Drunk Driving Accident Lawyer Blog

A night on the town may be all in good fun, that is until it’s time to go home. Too many times, late night revelers hop into the driver’s seat after having had a few too many cocktails. But there’s one nightclub that may be able to help to stop all that — with its “pee analyzer.”

According to the Huffington Post, a nightclub in Singapore has equipped it’s restrooms with detectors that are able to analyze your blood-alcohol level. Although this is only a feature available in the men’s restroom, it’s still working to save lives. How it works is restroom users trade in their keys for a computerized RFID cards when they walking into the nightclub. If their urine tests above a certain alcohol level, the cards are tagged, prompting a warning to display above the urinal stating that they should call a taxi or use the club’s drive home service. When the partier wished to get their keys at the end of the night, the valet takes a scan of the automated card and looks at their condition. If returning high test results, the valet will recommend a cab service.

Our Quincy drunk driving accident lawyers understand that close to 600 clubgoers were recently tested with this new system. Close to 350 people had to call a cab or find someone to drive them home after getting warnings from the valet. Those are close to 350 people who could have wound up in fatal accidents.

But Singapore isn’t the only place to take responsibility in helping its guests to get home safely. Another nightclub in Belgium is making the same kind of effort. This club has set up a breathalyzer checkpoint outside to have drivers tested. A Long Island nightclub has started handing out free taxi rides to partiers who appear to be intoxicated.

While many determine the pee analyzer to be the most advanced way to test for intoxication, some experts believe that it’s too unreliable.

While you may not be able to test your pee in nightclubs around town, it’s ultimately better safe than sorry. If you’ve been drinking, your best bet is to find an alternative (and sober) ride home. With this, you have many options. First, you can call a taxi or a cab service to come pick you up. Secondly, you can call a friend or family member. There has to be someone around who you know and who is sober that can help to get you home safely.

If none of those work, you can always use public transportation. Ride the bus or use the subway. If you’ve gone through all of those options and you’re still left without a safe and sober ride home, your best bet might be to just bunk up for the night. Stay at a friend’s house, a family member’s place or snag a hotel room. Even if you’ve got to get a room, it’s still a heck of a lot cheaper than a DUI conviction, which could wind up costing you thousands.
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While completely preventable, drunk driving accidents continue to take the lives of thousands of people each and every year. It’s a serious problem we’re facing here in the state of Massachusetts and it’s a problem that we’ve got to stop.

Unfortunately, another accused drunk driver (this time from Leominster) took the life of an innocent woman in a local traffic collision. According to the Telegram, the intoxicated driver was speeding the wrong way down the Massachusetts Turnpike when the accident happened around 4:00 a.m. While many of the drivers were able to swerve and avoid him, others were not so lucky. Even the officers were having a tough time stopping this erratic driver.

“I swerved across all westbound lanes in a zig-zag pattern to warn traffic behind me and to attract the attention of the wrong way driver,” said Trooper Joseph J. Hilton.

Our Boston drunk driving accident lawyers understand this driver was behind the wheel not only intoxicated, but was also driving on an expired license. As a result, the driver has been charged with both motor vehicle homicide by negligent driving as well as driving under the influence, but that’s not going to reverse the damage that has been done. The 80 mph hour driver took out an unfortunate minivan and a Honda passenger car, injured two motorists and claiming the life of another driver.

While most of us may be smarter than to get behind the wheel of a motor vehicle after consuming alcohol, there are others who are not as cautious or considerate — and that’s why it’s important for all drivers to be able to spot a drunk driver on our roadways.

Spotting and Intoxicated Driver:

-Stopping for no reason. Are they stopped at a green light or stopped in the middle of an intersection with no stop sign? That’s clear indication that’s something wrong.

-Slow response for traffic signals and devices. Taking more time than needed to react is common in impaired drivers.

-Inconsistent signaling. An intoxicated driver may use their right hand turn signal and then turn left or vice versa.

-Overly-active braking. Since alcohol causes a driver to lose focus, a drunk driver may brake more often to try to avoid an accident. Little do they know that it actually might cause an accident.

-Swerving. With their inability to focus, a drunk driver is likely to swerve more often.

If You Spot a Drunk Driver:

-Call 9-1-1 immediately.

-Offer them the make, model, color and license plate number of the vehicle (if possible). Tell operators where the vehicle is and which way it’s heading. Your call could wind up saving lives.
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Enterprise News reports that there has been an increase in the number of drivers who were killed in accidents who tested positive for drug use — from 16 percent back in 2007 to more than 20 percent in 2011.

“We have noticed more incidents of drugged driving of late and in many cases used in combination with alcohol,” said David Deiuliis of Mothers against Drunk Driving Massachusetts.

Our Brockton car accident lawyers understand that there has been a growing drug problem throughout the state, especially when it comes to drugged-driving accidents. One of the largest increases is from the use of opiates. As they’re more commonly used on the streets, they’re more commonly found in drivers involved in fatal accidents.

On June 30th, an officer charged a man with drugged driving in Easton after witnessed told officers that they saw him stash prescription pills underneath his driver’s seat as he pulled over to change a tire that had gone flat. The driver ended up confessing to police officers that he had taken five different prescriptions throughout the day.

According to Easton officers, for every six drunk driving charges, there is at least one who is slammed with driving under the influence of drugs.

But it’s not just in Easton. Officials in Middleboro are also saying that they’ve seen an increase in car accidents and overall drug-related calls.

According to national statistics, this drug use is alarmingly high among young drivers. A recent survey, the National Survey on Drug Use and Health (NSDUH), concluded that close to 11 million people over the age of 11 report driving under the influence of influence of illicit drugs during the last year.

On a national level, officials with the Obama administration say that they’re making moves to stop this epidemic, through the Office of National Drug Control Policy.

The President has kept the month of December as December National Impaired Driving Prevention month for the last three years. He says that his goal is to reduce drugged driving by at least 10 percent of 2015.

In the state of Massachusetts (as of November), there were more than 75 certified recognition officers in the state. These are officers who are trained to recognize and identify the behavior of a drugged driver.

Everyone’s affected by this dangerous behavior, too. Drugged driving poses threats to public safety, as evidenced by the number of fatal crashes each year on our Nation’s highways. Effective drugged driving prevention is one of the best ways to improve highway safety, to reduce illegal drug use and to get more drug abusers into addiction treatment. All 50 states and the District of Columbia have laws that specifically target drugged drivers. Almost one-third of states have adopted the per se standard which has been identified by the Obama administration’s 2010 National Drug Control Strategy as one of its major initiatives.
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Unfortunately, there are thousands killed in drunk driving traffic accidents each and every year. It’s some of our most vulnerable, and helpless, motorists who are injured and killed in these accidents much of the time. On our Boston Drunk Driving Car Accident Lawyer Blog, we recently told you about a driver who was pulled over (and intoxicated) with 4 children in the vehicle.

Well, that’s not the only case we’ve seen recently. According to the Boston Herald, a man from Spencer is facing serious charges after being busted driving under the influence with 2 children in the vehicle. Officers reports that it happened at about midnight on Sunday when an officer stopped a vehicle that was driving toward him, head-on. The officer had to slam on his brakes and pull over to the side of the road to avoid being hit. Luckily, the officer was able to pull the driver over before an accident happened. The driver was charged with child endangerment while driving drunk, negligent driving, drunken driving and marked lane violations.

Our Spencer accident lawyers understand that there were more than 210 children who were killed in drunk driving car accidents throughout the nation in 2010. Of those accidents, more than 130 of them were riding with the drunk driver. Driving under the influence of alcohol or drugs by one’s self is bad enough when considering that such actions endanger not only the impaired driver but also all other people on or near the road. But it’s way worse when children in the vehicle.

As parents and caregivers, we have a responsibility to keep our children safe. We’ve got to make sure that they’ve got safe and sober rides, and that they’re buckled in each and every time they get into a vehicle. These young ones can’t fend for themselves, and that’s where you come in.

You know it’s wrong to get behind the wheel after consuming alcohol, and you know it’s dangerous for your children, too. Make sure that you never go out drinking with you children. It’s your responsibility as an adult, as a parent and as a safe driver.

No child should be in danger from drunk driving, especially by those entrusted to keep them safe. We believe that drunk driving is criminal and irresponsible, and having a child in the car elevates this criminal act to child abuse.

If you are caught drinking and driving, you could face a number of fines and penalties, such as a license suspension, community service, and even jail time. However, if you are arrested for DUI while carrying an underage passenger, you may also face additional charges for drunk driving child endangerment.

If you’re charged with child endangerment while operating a motor vehicle, you can be sentenced to the house of correction for no less than 90 days and no more than 2 and a half years. You’re also looking at fines of no less than $1,000 and no more than $5,000.
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The father of an 8-year-old boy from Massachusetts was able to run for help after a car accident that left them both in the Nashua River.

According to the Telegram & Gazette, the early-morning accident occurred after the boy’s father, who had just finished up drinking for more than 8 hours, hopped behind the wheel and didn’t see his son as a passenger (in the front seat of the vehicle). The father was arrested and later released on personal recognizance after he entered a not guilty plea.

According to accident reports, the father ran over a sidewalk, sped across a driveway, slammed into a 12-inch barrier and plowed right through a guardrail at the edge of the river. His vehicle shot through the air and wound up on a sandbar in the middle of it all. The young boy ran for help, running nearly a mile home to alert his mother to call 9-1-1.

Our drunk driving car accident lawyers understand that intoxicated drivers are a public threat to everyone on our roadways, but they’re also a serious threat to themselves and to their friends and families. According to Mothers Against Drunk Driving, there were close to 10,000 people killed and another 350,000 injured in these kinds of accidents in 2011. It’s even worse when some of our youngest family members are involved.

In the state of Massachusetts, we follow Melanie’s Law (as of October of 2005). Under this law, lawmakers were able to create a new crime of Operating a Motor Vehicle Under the Influence of Alcohol With a Child 14 Years of Age or Younger in the Vehicle. This means that a driver can be charged with two crimes at once: 1.) OUI and 2.) Child Endangerment while OUI/DWI.

According to the Centers for Disease Control and Prevention (CDC), car accidents continue to be the leading cause of death for children over the age of 1. As a matter of fact, one in four accident-related fatalities among child passengers under the age of 14 involves alcohol use.

If you’re busted for endangering a child in a drunk driving incident, you’re looking at some serious consequences. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will also be slapped with a fine of anywhere from $1,000 to $5000. You will also lose your driver’s license for one year.

If you’re arrested a second time for drunk driving in the Massachusetts, you will be fined from $600 to $10,000. You’re also facing anywhere from 30 days to 2 1/2 years in prison and you will also have your driver’s license suspended for 2 years.

While you should never get behind the wheel after consuming alcohol, it’s even more important that you don’t do it with a child in your vehicle. These precious little ones rely on our responsible habits to keep them safe and alive. Don’t mess that up.
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When adults are out celebrating or drinking, they can make informed choices about how they are going to get home. An adult who goes out can make a commitment not to get behind the wheel while he is intoxicated and to have a designated driver or call a taxi cab. An adult can also make a decision not to get into a car with a drunk driver.

Unfortunately, our Boston drunk driving accident lawyers know that children do not have that same choice as they often don’t know or understand the dangers of drunk driving and are not going to have other alternatives if a parent or a caregiver puts them in a car with someone who has had too much to drink.

Massachusetts Woman Driving Drunk With Four Children in the Car

Drunk driving with kids in the car happens far too frequently. In fact, as the Taunton Daily Gazette reports, a city woman was recently arraigned for driving while intoxicated with four children in the car. The 35-year-old woman was allegedly driving her Mercury Mountaineer erratically on Route 44 in Rehoboth. Police responded to reports that she had not just weaved while driving but that she had actually crossed her vehicle into oncoming traffic.

Police stopped the Mercury Mountaineer and found the intoxicated driver inside along with another female passenger and four children. The kids were aged 3, 7, 12 and 14. The Taunton Daily Gazette does not indicate whether the kids were the driver’s children, the passenger’s children or unrelated.

Regardless, the children were put in serious jeopardy. Car accidents are a leading cause of death for young kids and teens and the chances of a car accident are significantly increased when a driver is intoxicated. In this case, it is lucky that the erratic driving and the drifting into oncoming lanes did not result in a crash that endangered or ended the lives of these four kids.

The driver in the accident was charged not just with drunk driving but also with operating to endanger and child endangerment due to the ages of the kids in the car with her. The police also referred the incident to the Massachusetts Department of Children and Families, as driving drunk with kids in the car is a clear case of child endangerment.

What will happen next to the intoxicated driver and to the children whose lives were put at risk will depend upon the circumstances. One thing is clear, though. If the intoxicated driver had caused a crash to occur and injure someone else’s kids, the children or their parents would also have been table to take legal action to obtain compensation for injuries and losses.

Even passengers in the car with drunk drivers are generally able to pursue claims for accident losses, especially if those passengers are innocent kids who are being endangered by a caretaker that is responsible for their well-being or safety.
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Having a designated driver is the smartest thing that you can do if you plan to go out drinking. Our Boston drunk driving accident lawyers know that driving while intoxicated could cost you your life or could result in you becoming involved in a crash that injures or kills others. To avoid these terrible fates, having a sober friend or relative to drive you home is highly recommended. In fact, many public service campaigns and anti-DUI efforts center around the idea of a designated driver.

Unfortunately, designated drivers who are supposed to stay sober may not be taking their obligations seriously enough. In fact, a recent study conducted by University of Florida Gainesville revealed that many designated drivers end up having a drink or even several drinks while they are out. Not only that, but as many as 18 percent of designated drivers have blood-alcohol contents above .05 percent.

Designed Drivers May be Drunk

The University of Florida study involved taking a look at the behavior of 1,000 people leaving bars. Researchers found these bar-goers by standing outside of bars near a college in the Southeast on weekends. The data was collected on Friday evenings prior to scheduled Saturday football games. Researchers recruited patrons leaving the bar between 10:00 p.m. and 2:30 a.m. to answer a 3-5 minute survey on alcohol-related behaviors. The blood-alcohol content of participants was then measured using a handheld BAC test.

Among the 1,000 individuals outside of bars interviewed, 165 of the people in the study were designed drivers. Of the 165 designated drivers who were supposed to see their friends home safely, the study revealed that around 58 had consumed alcoholic beverages while out at the bar. As the Washington Post reports, this means that just about 1/3 of designated drivers had abstained.

While having just one drink may not seem so bad, the study also revealed that around half of these 58 drinking designated drivers- a total of 29- had blood alcohol contents that exceeded .05. In total, this meant that about 20 percent of all designated drivers had a blood-alcohol content that was high enough to affect their driving skills.

While .05 is admittedly below the .08 legal limit, a driver who has consumed this much alcohol sees his crash risk increase. In fact, recently, the NHTSA urged lawmakers to lower the legal limit from .08 to .05 in order to reduce the risk of crashes related to drunk driving.

Designed Drivers Need to Stay Sober
While researchers admit that the study has its limitations, including the limited sample size, the outcome is still disturbing. Designated drivers are supposed to keep people safe and avoid the dangers associated with a drunk driving crash. If designated drivers aren’t keeping their promises and living up to their obligations everyone from passengers to other motorists on the road is put in serious jeopardy.
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In a recent accident, a Massachusetts State Trooper was serious injured after being hit by an alleged drunk driver during a routine traffic stop. According to WCVB, the accident happened shortly after 1:00 am. at Lynn Fells Parkway along Route 1.

Accident reports indicate that the trooper was hit from behind by a 35-year-old man who was under the influence of alcohol at the time of the accident. The trooper was taken to Massachusetts General Hospital with back and neck pain and was later released.

Our Boston drunk driving accident lawyers understand that oftentimes it’s innocent travelers who suffer the consequences of irresponsible and intoxicated drivers. Operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension, steep fines, and even jail.

In the state of Massachusetts, there were close to 150 people killed in alcohol-related traffic accidents in 2012. These kinds of accidents accounted for close to 50 percent of all of the traffic accident fatalities observed throughout that entire year.

The rate of alcohol impairment among drivers involved in fatal crashes in 2011 was close to 4 times higher at night than during the day. In 2011, close to 20 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to more than 30 percent on weekends.

The sad truth of the matter when talking about these kinds of accidents is that they’re all completely preventable. It’s never a good choice to hop behind the wheel of a motor vehicle after consuming alcohol — even if it’s only been one drink.

Drinking alcohol and driving simply do not go together. Alcohol affects attentiveness and one’s ability to make quick decisions on the road, react to changes in the environment and execute specific, often difficult maneuvers behind the wheel. When drinking alcohol, driving becomes dangerous – and is potentially lethal!

It’s important to remember that Buzzed Driving is Drunk Driving, too. Though this campaign from the National Highway Traffic Safety Administration (NHTSA), officials are asking you to take the pledge — to make sure you always make responsible choices that don’t endanger you and/or others.

This is especially targeted toward the younger drivers (those between the ages of 21 and 24). They’re the group of drivers who had the highest percentage of drivers involved in fatal accidents with a BAC of .08 or higher.
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Fourth of July is a massive celebration each year in Boston, with fireworks along the Esplanade and the Boston Pops playing. Many people choose to watch this special event from boats on the Charles River while other boaters spend their days enjoying the warm weather and summer fun.

Unfortunately, our Boston drunk driving accident lawyers know that this celebration of America’s independence brings with it some serious risks. Over the Fourth of July Holiday, many boaters throughout the Boston area choose to commemorate the day by having a few too many drinks. This can significantly increase the risk of a boating accident, and it is also illegal behavior.

Avoid Boating While Intoxicated on the Fourth of July
Boating is a great way to spend the Fourth of July but many people get too carried away with the celebrations and consume too much alcohol. Open containers are allowed on boats and people are even allowed to drink in moderation when operating a boat. However, like with motor vehicles, if your blood alcohol content is over the legal limit, you are considered to be in violation of the law.

When you drive a boat, just as when you drive a car, you give implied consent to have your blood alcohol tested if law enforcement believes that you have been drinking too much. Open containers aboard your boat or erratic driving could provide reason for the coast guard or local authorities to do a BAC check to see if you are within the legal limits. If you are intoxicated, then you could be arrested for boating under the influence.

While an arrest for BUI may seem like a disaster, it isn’t even the worst thing that could happen as a result of drunk boating. Intoxicated boaters can cause serious accidents, endangering themselves, other passengers aboard the boat and everyone else on the water at the same time. When a boating accident happens, the drunk boater who caused the crash can be held legally liable and can be made to pay for all of the damages he caused through his intoxicated operation of the vessels.

Intoxicated boat captains are not the only ones who need to worry about drunk boating accidents either. Everyone who is on the water, whether on a personal watercraft or on water skis or in a vessel of their own, should be aware that there is an increased chance of drunk boaters being out. This means that even people who are being responsible need to be watchful of others who might not be following the law.

Finally, passengers aboard boats also need to be careful not to get too drunk to be safe. Intoxicated guests aboard a boat could slip and fall on a dock, could fall overboard or could be injured in any number of different ways. Drowning incidents or accidents involving the boats propeller are tragic outcomes that could occur if a drunk boater falls overboard.

To ensure that no one meets an unpleasant fate over the Fourth of July holiday, everyone on a boat- both drivers and passengers- should make a commitment to consuming only limited amounts of alcohol over the holiday.
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