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DUI vs Speeding: a comparison of prevalence and penalties

DUI vs. Speeding: A Comparison of Prevalence & Penalties

Earlier this year, the National Highway Traffic Safety Administration NHTSA released its updated Traffic Safety Fact Sheets for 2005. In this report, it is evident that Nationally, and in California, fatalities associated with speeding drivers are equal to or out-number fatalities associated with drunk drivers, or drivers who had a BAC (Blood Alcohol Content) of .08 or greater.

As Drunk Driving and DUI Defense Attorneys, The Law Offices of Thomas Wallin fight vigorously to minimize penalties facing individuals arrested for DUI. In California, a first-offense conviction for DUI/DWI, with a BAC of .08 or greater, is considered a misdemeanor, and may be punishable by fines up to $3,520, jail time of up to 6 months, driver's license suspension for up to 6 months by the DMV (See DMV FAQ's on DUI), completion of a driving-under-the-influence program, and a designation of 2 points on one's driving record.

On the other hand, a first-time speeding infraction is punishable by small fines and a designation of 1 point on an individual's driving record. Despite the actual numbers associated with speeding and DUI-related fatalities, the penalties for a first-time speeding infraction are minuscule in comparison.

In their recent report of alcohol-related traffic fatalities, the NHTSA includes "non occupants" (pedestrians and pedacyclists) with a BAC of .08+ in their total figure. For the purposes of this article, the 1,756 non-occupants with a BAC of .08+ who were involved with alcohol-related traffic fatalities, nearly 14% of the total alcohol-related crashes have been deducted to reflect a truer picture of drunk driving vs. speeding-related traffic fatalities.

According to the NHTSA report, there were 43,443 fatal traffic crashes in 2005. Of those fatal crashes, 8,515 drivers involved had a BAC of .08 or greater. Of all fatal traffic crashes 13,113 were speeding-related as well.

Of all drivers involved in fatal traffic crashes, 15% had previous DWI convictions, while 66% of all drivers involved in fatal traffic crashes had prior speeding convictions. The NHTSA concludes that speeding is one of the most prevalent factors contributing to traffic crashes.

In California, there were 4,329 fatal traffic crashes reported in 2005, resulting in 4,329 fatalities. Of the fatal traffic crashes, 1,466 drivers had a BAC of .08 or greater and 1,471 drivers were speeding. Here, speeding and driving under the influence are fairly equal factors in fatal traffic crashes.

Regardless of the numbers, being convicted of DUI, driving under the influence of alcohol or drugs, on California roadways can be a traumatic, life-altering event, much more so than being cited for a speeding infraction.

California DUI laws are continually changing, complex and carry stiff penalties, whether you are a first-time DUI offender or repeat offender. If you are arrested and charged with DUI in Southern California, it is vital you contact an experienced Southern California Drunk Driving and DUI Defense Lawyer and arm yourself with a strong defense.

Based on the above statistics, one might expect it reasonable that a speeding driver is an equal threat, if not greater immediate threat to public safety on the roadways than a driver who may have an illegal measure of alcohol in their system, yet the gap between punitive response to each offense is unsettling. Either the DUI laws, especially for first offenses, are far too extreme in nature, or the punishment for speeding is far too lenient.

No doubt, if driving privileges were revoked for first offense speeders, civil unrest would most certainly erupt across the nation. Given that 1.4 million U.S. drivers were arrested for DUI in 2004, civil unrest in response to the current DUI laws, by all means, should ensue.
Attorney Thomas Wallin and his qualified legal team of lawyers has immense experience with the California Department of Motor Vehicles (DMV) and has built a respectable reputation with-in Southern California courts and among local Judges in matters of driving under the influence. Contact the Law Offices of Thomas Wallin for a FREE California DUI CONSULTATION if you have been arrested for DUI or Drunk Driving in California.

Our DUI Criminal Defense Attorneys represent those accused of DUI and drunk driving throughout California, including Driving Under the Influence cases in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.

« Ignition Interlock Device (IID): The Pressure's on for DUI Offenders | Main | DUI vs Speeding: a comparison of prevalence and penalties »

Canadian MP Proposes New Impaired Driving Law at 0.05% BAC Level

Canadian Member of Parliament, Ron Cannan, introduced a new bill on Oct. 31, 2006 that would set the legal BAC level at 0.05% for drinking and driving.

It is no surprise that MADD of Canada whole-heartedly supports the new bill, touting that the bill will effectively reduce the amount of alcohol a person can currently drink and then drive, legally.

The new law would be incorporated into Canada's existing Criminal Code of impaired driving offences, but holds lesser penalties than those given for a 0.08% BAC limit. Under this law, first offenders of driving with Blood Alcohol Content of .05% and up to .07% would be ticketed, fined $300 and have their driving privileges suspended for 45 days. Subsequent DUI offences would be punishable by a $600 fine and a 90-day suspension of driving privileges.

Currently in the United States an individual with a BAC of .08% can be charged with Driving Under the Influence. Despite the fact that the 2005 National Highway Traffic Safety Administration (NHTSA ) report on alcohol-related traffic fatalities noted that over half of drivers involved in a fatal crash had a BAC level of .16% or higher, twice the legal limit, and that the most frequently recorded BAC level was .17%.

Similarly, The Ontario Community Council on Impaired Driving reported that most drivers involved in alcohol-related fatal traffic accidents in Canada have a very high BAC level. The majority of those drivers were repeat offenders with BACs over 0.15 %, which suggests the problem lies with hard-core drinkers, not the social drinkers who have a glass or two of wine.

MacLean's , a leading Canadian magazine, reported last year that the Ontario Community Council on Impaired Driving determined that lowering the Criminal Code BAC level would not be a priority and noted that a lower BAC would result in more work for law enforcement and the courts. They, along with the Canada Safety Council, the Canadian Council of Motor Transport Administrators and the Traffic Injury Research Foundation all take issue with MADD's lower BAC campaign, as the campaign is based upon a questionable study with unrelated and outdated information.

Misinterpretation of statistics appears to be a common tactic employed by those advocating stricter DUI laws, both in Canada and the United States. The U.S. National Highway Traffic Safety Administration (NHTSA) continually includes "non occupants" (pedestrians and pedacyclists) with a BAC of .08+ in their annual reports on alcohol-related traffic fatalities. Those numbers are then used as evidence for setting BAC levels and imposing increasingly harsher penalties for driving under the influence offenses.

As MADD of Canada is striving to reduce BAC levels in Canada, MADD of the U.S. currently maintains that they believe the appropriate legal limit in the U.S. should be .08%. Only time will tell how long they hold onto that belief.

If you have been arrested and charged with Drunk Driving or DUI in Southern California it is vital that you seek legal help from an experienced Southern California DUI lawyer. California DUI and Drunk Driving laws are continually changing and complex. As Drunk Driving and DUI Defense Attorneys, The Law Offices of Thomas Wallin are highly experienced at building a strong DUI defense for their clients that can minimize DUI penalties. Contact the Law Offices of Thomas Wallin for a FREE CONSULTATION immediately, if you have been arrested for DUI or Drunk Driving in California.

Our Firm represents individuals accused of DUI and drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego .

©2005 Thomas Wallin Law Offices

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