The best way to avoid being charged with drinking and driving is to not drink and drive. However, if the solution were this simple then the problem would not exist. The widespread social use of alcohol and lack of transportation alternatives results in the two activities occurring together. Therefore, it is important to know how much is enough and how much is too much.
Alcohol impairment is rated by the blood alcohol percentage. A blood alcohol reading of .08 is the presumptive level of intoxication. A driver with a level of .08 or more is breaking the law, even if they seem to be in control of themselves. A driver with a level of less than .08 is breaking the law if the person is under the influence of the alcohol. "Under the influence" means that for a person, by reason of drinking, any of the following is true:
1) their reason or mental ability has been affected; 2) their judgment is impaired; 3) their emotions are visibly excited; or 4) they have, to any extent, lost control of bodily actions or motions.
It is important to realize that at a blood alcohol level of .05 a person is five times more likely to get into an accident than if they had not been drinking at all. The point to remember is that a driver who is "under the limit" can still be charged with being "under the influence".
The general rule is that one beer, one shot, one mixed drink, or one glass of wine will give a person a blood alcohol of .02. It can be more or less than this based upon body weight and tolerance levels, but this is the general rule. The other general rule is that the body will break down and eliminate .02 worth of blood alcohol per hour. Only the passage of time will lower the blood alcohol level. Drinking black coffee or eating a late night meal might make a person feel more alert, but it won't lower the blood alcohol level.
An estimated blood alcohol level can be calculated by adding together the number of drinks and multiply it by .02 and then subtracting the number of hours elapsed and multiplying it by .02. (Number of drinks x .02) - (Number of hours elapsed x .02) = Blood Alcohol level. Also, it is possible to purchase personal alcohol breath testers. Such a device is a good way for a person to gauge just how much their favorite alcoholic beverage affects their blood alcohol level which may enable a person to use alcohol more responsibly. Another general guideline is that at a level of .05 a person's friends or family can probably tell that the person has been drinking; at .10 strangers will probably be able to tell; and at .15 it is obvious to all that a person has been drinking.
By far the best method if you are going to drink outside of your home is to use a "sober" designated driver. A designated driver is a person who does not drink at all and serves as the driver for a group of friends who are using alcohol. Unfortunately, sometimes the designated driver is a person who just doesn't drink as much as everybody else, or who stops drinking at a certain time. This type of designated driver defeats the purpose and gives everybody a false sense of security. You can also call a taxi, if available, or call a sober family member or friend to pick you up.
Some people will choose to use alcohol in a moderate responsible manner and operate a car. If you make this choice and wish to avoid an encounter with the police, it is vital that you drive the car in a flawless manner. This means, among other things, that the driver should know where he/she is going, make sure all lights are working, use turn signals, obey the speed limit, make complete stops at stop signs, do not run red lights, do not try to beat yellow lights, make sure the registration sticker is current, yield the right of way when required, drive defensively, and do not drive aggressively.
Also, keep in mind, the party stops in the car. Do not have open containers of alcohol in the car, keep the music turned down and keep alcohol in the trunk. Remember, sometimes a little is worse than a lot. A driver feeling the exuberance of a few drinks might call more attention to himself than a driver who thinks he has had one too many and is trying to be extra careful to get home.
The costs associated with an OWI are high even if nobody gets hurt. However, in a case involving death or injury, it gets much, much worse. No one ever sets out with any of that in mind so the best course of action is to not drink and drive. by Corey Walker
