The Debate Over a Lower Legal Limit

As soon as the National Transportation Safety Board released its recommendation to lower the legal limit to 0.05 as one of 19 interventions to drastically reduce alcohol-impaired driving crashes, the vocal opposition was already out of the gate.  The New York Times is just one forum where the debate is covered.  Republicans joined in the fray by stating, leave blood-alcohol rules up to the states!  In addition,

Republicans are warning the government against withholding federal funding from — or offering financial incentives to — states to prod them to adopt tougher drunken driving laws.

Putting the discussion in the context of a global market, NTSB Chairperson Deborah Hersman stated,

On this issue, the United States is woefully behind the rest of the world. Twenty-five of the 27 European Union countries have a blood limit of 0.05 or lower. Worldwide, more than 100 countries on six continents have a blood alcohol limit of 0.05 or lower, and they are reducing crashes and saving lives.

We are reminded that in the United States approximately 10,000 people are killed annually in drunk driving crashes, not to mention 173,000 who are injured.  So why wouldn’t we want to save more lives?

In his book One for the Road, Barron Lerner asks,

Why has American society continued to tolerate an activity that is morally objectionable and an indisputable public health hazard?

That’s a good question.

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Interventions to Reach Zero Alcohol-Impaired Crashes

The National Transportation Safety Board (NTSB) released a 100 page report today outlining strategies to eliminate alcohol-impaired driving crashes, which was also picked up by a number of media outlets.

The report makes 19 recommendations calling for stronger laws, swifter enforcement and expanded use of technology.  The highlights are:

  • Establish a per se BAC Limit of 0.05 for all drivers;
  • Conduct high-visibility enforcement of impaired driving laws and incorporate passive alcohol sensor technology into enforcement efforts;
  • Expand the use of in-vehicle devices to prevent operation by impaired drivers;
  • Use OWI courts and other programs to reduce recidivism by repeat offenders; and
  • Establish measurable goals for reducing impaired driving and tracking progress toward those goals.

In the NTSB press release, “investigators cited research that showed that although impairment begins with the first drink, by 0.05 BAC, most drivers experience a decline in both cognitive and visual functions, which significantly increases the risk of a serious crash.  Currently, over 100 countries on six continents have BAC limits set at 0.05 or lower.  The NTSB has asked all 50 states to do the same.”

The Global Status Report on Road Safety 2013 illustrates the legal limits worldwide in the map below.  The United States and Wisconsin, in particular, has a lot of room for improvement.

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Spring 2013 Traffic Beat is Here!

 

Click here to view the Spring 2013 Traffic Beat

The Traffic Beat is a quarterly publication published by the Resource Center on Impaired Driving which focuses on Wisconsin impaired driving law developments.  The Spring 2013 issue summarizes relevant updates in Wisconsin OWI case law and includes an update on the recent OWI-related, U.S. Supreme Court decision, Missouri v. McNeely.  It also provides the next issue of the Resource Center on Impaired Driving’s special report analyzing the issues that served as the basis for appealing state OWI cases.

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Traffic Beat, Winter 2013

 

Click here to view the Winter 2013 Traffic Beat

The Traffic Beat is a quarterly publication published by the Resource Center on Impaired Driving which focuses on Wisconsin impaired driving law developments.  The Winter 2013 issue summarizes relevant updates in case law and includes a reminder to save the date for the 19th annual Traffic and Impaired Driving Law Program.  It also includes the next issue of the Resource Center on Impaired Driving’s special report analyzing the issues that served the basis for appealing OWI cases.

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Madison Metro – Still – Needs to Ban Alcohol Advertising -

It is bad enough that Madison Metro continues to display alcohol advertising including full bus wraps, but the assertion by a Madison Metro spokesman (Wisconsin State Journal, January 28, 2013) that alcohol advertising must be accepted as free speech is simply absurd.

When a municipal agency bans  some advertising from municipal property it is not acting as a censor, it is acting as the manager of public property.  In 2007,  the Marin Institute, surveyed major public transit systems.  Their report found that 75% of the major transit systems prohibited alcohol advertising including;

  • Chicago Transit Authority
  • Bay Area Rapid Transit District
  • Golden Gate Transportation District
  • Santa Cruz Metropolitan Transit District
  • Alameda Contra Costa Transit District
  • San Francisco Municipal Transportation Agency
  • Los Angeles County, Metropolitan Transport Authority
  • City & County of Honolulu Department of Transportation Services
  • Tri-County Metropolitan Transportation District of Oregon
  • Southeastern Pennsylvania Transportation Authority
  • Washington Metropolitan Area Transportation Authority
  • King County Seattle Metro Transit Division\
  • Metropolitan Transit Authority of Harris County Texas (Houston area)
  • Miami-Dade Transit
  • Orange County Transportation Authority

Why not Madison?

Philadelphia went further than other communities banning both alcohol advertising on public property and alcohol naming rights.  The Philadelphia City Council did not create a constitutional crisis when it banned alcohol advertising from municipal property; it made Philadelphia a better place to live.

For years, Madison Metro blamed the advertising agency for the beer bus wraps, now it  blames the Bill of Rights. The primary barrier appears to be the Metro Transit itself.

Every time a beer ad covered buses roll past schools, parks and recreational areas it increases youth exposure to alcohol advertising.  Numerous published studies show that youth exposure to alcohol advertising reduces the age at which children begin to drink and increases the amount of alcohol youth consume.  Just as importantly, studies indicate that even small reductions in youth exposure to alcohol advertising reverse the situation.

Madison Metro should ban all alcohol advertising, including full bus wraps, as a matter of community responsibility.  Public transit systems across the United States have prohibited alcohol advertising, how many more ridiculous excuses must we endure before Madison Metro finds the courage to take this simple but important step.

 

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How MADD Got Started

Candace Lightner, founder of Mothers Against Drunk Driving (MADD), talks about how to jump start a movement in a CNN interview with Christiane Amanpour.  The question of how to change a culture here concerns that of guns in response to the Sandy Hill Elementary School massacre.  However, the discussion focuses largely on how and why MADD got started.  It is worth taking the 9 minutes and 20 seconds to listen.

“Unlike gun violence, which has always been abhorred, drunk driving was joked about, talked about, accepted,” Lightner told CNN’s Christiane Amanpour in an exclusive interview on Thursday. “I called it the only socially acceptable form of homicide in this country.”

Of course, drunk driving countermeasures do not automatically translate to the gun culture, which relies on the imprimatur of the 2nd Amendment and the traditions of hunting.  What does translate, Ms. Lightner describes as the four critical elements that could be distilled from her fight; namely,

passion, practicality, public support, and an appeal to personal accountability.

Regardless of one’s opinion about MADD as an organization, it is responsible for thrusting the drunk driving discussion into the national arena, much of it done single handed by Ms. Lightner.   However, in fairness to Doris Aiken, Remove Intoxicated Drivers (RID)–a similarly fashioned advocacy group in New York–formed in 1978 in response to the deaths of two children Ms. Aiken knew at the hands of a drunk driver.  Over time, the respective roles of MADD and RID changed the nation’s view and response to drunk driving.

The good news is that the rate of alcohol-impaired fatalities in motor vehicle crashes has declined in the past 10 years by 29 percent from 0.48 in 2001 to 0.34 in 2010.  The bad news is that 9,878 people died in alcohol-related motor vehicle crashes in 2011.  In Wisconsin, the total number of motor-vehicle fatalities increased, but the percentage of alcohol-impaired fatalities decreased.  The progress is encouraging.  The deaths are reminders that there is still work to be done at the local, state and national levels.

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Craft Brews, Wisconsin’s Real Beer Legacy

If you decide to purchase beer over the holiday, consider trying one of Wisconsin’s fine microbrews and of course, make sure it is consumed appropriately.   Wisconsin’s brewing tradition lives in our small independent brewers such as New Glarus and Lake Louie; not in the beer brewed by multinational corporations hiding behind the purchased memories of classic labels.

Small brewers are craftsmen making a product that is usually enjoyed in moderation.  Small brewers don’t have extravagant marketing budgets that reach teens as often as adults or hire hip-hop stars for spokespeople.   Craft brewers don’t make sweet fruit flavored alco-pops that appeal more to youth than beer lovers.   Wisconsin’s small brewers just brew a really good beer.

So this holiday season, if you are shopping for a good beer, consider purchasing a Wisconsin microbrew.   A craft beer may cost a little more, but a legacy is worth it.

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’tis the season…

…for the Holiday Booze and Belts Campaign as reported in The Badger Herald and showcased on the Ashland Police Department’s website

We hope that people will voluntarily make the responsible decision to buckle up and drive sober. If motorists are not concerned about protecting their own lives, they at least should be concerned about saving their loved ones and friends from experiencing a tragic holiday season.   Chief Greg BeBeau

I thought this was a NHTSA sponsored campaign until I went to their website to see the campaigns they promote are “Drive Sober or Get Pulled Over” and “buzzed driving is drunk driving.”  The Booze and Belts campaign is a Wisconsin specific campaign that runs from December 7 – 16th as reflected in numerous press release statements I found on line.

The bottom line: Wisconsin is trying to reduce the number of traffic crashes this holiday season.  As Fran McLaughlin with the Milwaukee County Sheriff’s Office said,

These campaigns help just because they remind people to be cautious.  It’s always important to have a combination of education and enforcement to ensure people drive responsibly.

In addition, December is National Impaired Driving Prevention Month.  In his Proclamation, President Obama states,

Impaired driving and its consequences can seriously alter or even destroy lives and property in a moment.  This reckless behavior not only includes drunk driving, but also the growing problem of drugged driving.  Drugs, including those prescribed by a physician, can impair judgment and motor skills.  It is critical that we encourage our young people and fellow citizens to make responsible decisions when driving or riding as a passenger, especially if drug use is apparent.

MADD offers these suggestions to help ensure everyone’s safety this holiday:

  • Designate a sober driver before celebrations begin.
  • Never serve those under the age of 21 alcohol.
  • Plan safe parties, including providing non-alcoholic drink options to guests and not serving alcohol the last hour of the gathering.
  • Be prepared to get everyone home safe in case your plans or individual circumstances change.

Let me add a few suggestions of my own:

  • Use alternative transportation–cab, bus, train, plane
  • Use non-motorized transportation–bicycle, dogsled, skis, skates
  • Just don’t drive…stay overnight or get a hotel room, if you must

Happy Holidays!

 

 

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An Unexpected Lesson from the Beer Institute

The Beer Institute doesn’t often offer insights into Wisconsin’s alcohol environment, but when the Beer Institute’s Chief Economist Lester Jones discussed factors that can impact alcohol sales, his perspective led me to an unexpected conclusion.

The interview with the Beer Institute’s Chief Economist Lester Jones for the blog,  24/7 Wall St. focused on annual beer sales by state with a focus on the 10 states with the highest annual beer sales per resident over age 21.   Wisconsin is #6 on the list, selling an average of 36.2 gallons of beer for every resident aged 21 or older, compared to the national average of 28.3 gallons.   What caught my eye was the list of factors Lester outlined that can suppress or enhance beer sales and how we have unintentionally contributed to our hostile alcohol environment.

First, Jones noted that not all states allow beer to be sold at gas stations, convenience or grocery stores. Of course, Wisconsin allows alcohol to be sold almost anywhere and as a result  it is sold almost everywhere.  Numbers and ratios vary but it is clear Wisconsin has one of the highest – if not the highest – ratio of licensed alcohol outlets per person in the nation.

Jones also noted that some states don’t allow beer sales on Sunday. Wisconsin not only allows alcohol purchases on Sunday, but the last Legislative session added 2 extra hours per day, every day for off-premises alcohol sales.

Mr. Jones then described how beer taxes can keep down the price of beer and may actually encourage some people to drive great distances for cheap suds.  With the third lowest beer tax in the nations – just $0.065 per gallon – Wisconsin certainly does its part to keep prices down and unintentionally, keep consumption up.   In total, it was a depressing litany of self-inflicted wounds that all contribute to the astounding level of alcohol-related harm we see here each year.

With 112 breweries located within Wisconsin it shouldn’t surprise anyone that most of the beer produced in Wisconsin is sold in other states.  Ironically, our beer is sold in states where alcohol taxes are higher, where there are fewer locations selling alcohol and more restrictive limits on the days and hours of sale.   Our failure to treat all alcohol, including beer, as a legal but carefully regulated product contributes to the fact that in Wisconsin one in every four drinkers is a binge drinker, and one in every ten drinkers is considered a heavy drinker according to the 24/7 Wall St. report.   In fairness, Jones was simply explaining why sales statistics varied from state to state; his comments were an economic, not public health or political assessment.

But his analysis leads to an important but often overlooked fact:  A robust beer industry is not dependent on an unhealthy and hostile alcohol environment.  The great breweries of Wisconsin’s past created a legacy for a new generation of craft brewers who represent the future of brewing in Wisconsin.  We can have both a healthy alcohol environment and healthy brewing industry if we are willing to abandon the flawed belief we can’t have both and adopt the strategies other communities, states and nations are using to moderate alcohol misuse.

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The Value of Deterrence

From “Analysis of Wisconsin Act 337 Relating to Raising the Legal Drinking Age and Operating a Motor Vehicle While Intoxicated,” OGC, Wis-DOT, HS130 1986, authors Jerry L. Hancock, Assistant General Counsel, and Joe Maassen, Assistant General Counsel, write:

Increased enforcement, or at least the public perception of increased enforcement, is a key element in determining the deterrent value of any OWI legislation,  As Professor Ross points out:

In short, the deterrent effect of Scandinavian-type laws and enforcement campaigns apparently is due to an exaggerated perception of the probability of apprehension of violators.  This exaggeration can be explained by the publicity and media attention accompanying these innovations.  The more spectacular the publicity and attention, the greater the reported effect of the law.  Laws that meet the most critical resistance, as in the United Kingdom, seem to have been the most successful in their initial deterrence of drinking and driving.  (p. 107)

Professor H. Laurence Ross wrote Deterring the Drinking Driver, Legal Policy and Social Control (1982) and Confronting Drunk Driving, Social Policy for Saving Lives (1992).

Authors Hancock and Maassen in the Analysis continue,

When a new OWI law is passed with the attendant media coverage, people become aware of the newly increased penalties and come to believe that there will be a renewed law enforcement emphasis on apprehending drunk drivers.  This results in a short-term deterrent effect.  As time goes by, individuals realize that the chances of their being apprehended for drunk driving are very slight.  … Research suggests that gradual changes in the OWI law, accompanied by a significant amount of media attention and an initial increase in enforcement activity, would maximize the deterrent value of legislative effort.”

Therefore, each time the Legislature tweaks the OWI laws and it gets media attention, there is increased awareness about drunk driving and a general sense of possible apprehension.

Notably,

In a study of OWI arrests in Madison, Wisconsin, Professor Herman Goldstein of the University of Wisconsin Law School found that even with an increased level of enforcement activity, the Madison Police Department averaged only 3.5 OWI arrests per day during the study, despite the fact that there are over 300 taverns and restaurants licensed to serve drinks.  If each of those establishments sends only one drunk driver onto the streets of the City each day, the chances are only a little greater than one in a hundred that the person will be apprehended.

This was the reality concerning apprehension of OWI in 1986.  It looks remarkably similar in 2012.

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