ABI started an ad campaign featuring celebrities arrested for driving under the influence. The point was to feature documented problem drinkers in an effort to differentiate repeat DUI offenders from the average social drinker. The initial celeb shamed in the ads was Lindsay Lohan. The most recent ad that appeared in the New York Times, splashed mug shots of Keifer Sutherland, who recently spent time in jail for violating terms of his DUI probation, and Billie Joe Armstrong, front man for the rock band Green Day who was nabbed for drunk driving five years ago. An ABI website features Glenn Campbell, Michelle Rodriguez and Chris Klein.

The legal threshold for intoxication is typically a blood alcohol content of .08%. Ignition interlock devices are usually calibrated to disable the vehicle if a BAC of .02% is detected. As a result, those enjoying moderate consumption of alcohol, like at a sporting event or a wedding, will be penalized.

The ABI, which represents restaurants and advocates responsible consumption of alcohol, goes on to clarify that they want anti-drunk driving efforts to target drunk drivers, not all Americans.

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The technology adds documentation to the horizontal gaze nystagmus test, which requires a motorist suspected of drunk driving to follow an officer’s finger. The officer is looking for jerky motion in the eye which could be a sign of impairment.

Currently the California Highway Patrol has been using the HawkEye only as a training tool, not in the field. A few local police departments have begun trying the device at sobriety checkpoints. The HawkEye still faces the challenge of being accepted as a source of evidence in a DUI trial. The courts typically need time to consider the accuracy and dependability of any new technology.

DUI defense attorneys say the HawkEye only records eye movement, and it does not reflect whether the officer is conducting the test correctly. There also continue to be medical conditions that cause natural jerkiness in eye movement, meaning the new technology must be used in conjunction with another test for driving while intoxicated, such as a breathalyzer.

If you have been arrested for drunk driving you will need to hire a DUI attorney.

Motor vehicle crashes are the leading cause of death for Americans aged 4 to 34. In the year 2000, a total of 41,821 people were killed in traffic crashes in America, and 16,653 (or about 40%) of those fatalities involved alcohol. After major reductions in driving-under-the-influence (DUI) achieved during the 1980's and early 1990's, progress against DUI has slowed and stalled, and the most recent (years 1999/2000) California data show the first increase in DUI fatalities since 1987. The prevailing view of DUI in America since the mid-1990's has been that all of the easy targets of opportunity had been identified and remediated, and that additional reductions in DUI would only be gained incrementally, and in small measure. The slowdown of progress against DUI in the late 1990's, along with the recent negative reversal in DUI trends, seemed to validate the perception that "all had been done that could be done." In light of this present review (conducted pursuant to Senate Bill 776, Torlakson, 2001) of scientific literature on effective DUI countermeasures, however, this prevailing perception can be seen as self defeating and unduly pessimistic. Based on the scientific evidence, there are at least four DUI legislative programs and initiatives that have the potential of producing major reductions in the incidence of DUI, as large or larger than the reductions seen in the 1980's. These countermeasures include:

1. Pharmaceutical Treatment for Convicted DUI Offenders
   Although drugs (particularly antabuse) have been used in the treatment of alcoholism for decades with minor success, there are new pharmaceutical treatments which are offering renewed hope for the efficacy of this approach. One promising new drug is naltrexone, which acts to reduce the opioid response to alcohol that causes alcoholics to continue drinking to excess. Since the mid-1980's, studies at the University of Pennsylvania and Yale University have established the effectiveness of naltrexone in reducing the craving and consumption of alcohol. A major study of naltrexone and acamprosate drug treatments, alone and in conjunction with psychosocial treatment, is currently being conducted by the National Institute on Alcohol Abuse and Alcoholism (NIAAA) in 11 university research centers across the United States. Based on the demonstrated success of naltrexone in these university studies, the time is right to pilot test and scientifically evaluate the impact of these new pharmaceutical treatments in the real world applied setting of the DUI countermeasure system. The DUI system provides an efficient means of identifying persons in need of treatment for alcohol abuse via arrests for DUI, and the system structure and service delivery components could be used to facilitate the trial of pharmaceutical treatment for convicted DUI offenders, either at the court, probation, or drinking driver treatment program level. As in clinical trials, the most definitive and scientifically rigorous research involves random assignment to treatment conditions; in this case, convicted DUI offenders would be randomly assigned to existing DUI sanctions and treatment, or to existing sanctions and treatment plus drug treatment. The purpose of random assignment is to avoid bias between groups which could compromise the evaluation of treatment effects, so that the only systematic difference between treatment conditions is the presence or absence of the additional drug treatment. Such a randomized study of pharmaceutical treatment could corroborate the university clinical trials and dramatically improve the effectiveness of treatment for DUI offenders. The development of this pilot program would involve the input of a wide variety of professionals from the medical and judicial fields, as well as the cooperation of state and local agencies involved in DUI control.
2. Alcoholic Beverage Control
   Research has clearly shown that alcoholic beverage control policies are associated with reduced consumption of alcohol and resultant reductions in the multiple negative consequences associated with that consumption, including alcohol-involved traffic crashes and fatalities. The federal Prohibition laws of the 1920's demonstrated the positive societal benefits of reduced availability of alcohol, yet ultimately proved untenable because of insufficient public support. The majority of American adults consume alcohol, and perceive positive benefits from this consumption, particularly in social settings. Yet the vast majority (86%) of Americans also support increasing taxes on alcohol in order to support drunk driving countermeasure programs. Additional economic policies that also impact the price of alcohol include price controls and limits on rebates, discounts, or other economic inducements. Other alcoholic beverage control measures include marketing control policies and regulations on the manufacture, distribution, advertising, and sale of alcohol.
3. Reduce crashes associated with on-premise drinking
   Research has shown that roughly half of all alcohol-related crashes involve drinking at an on-premise establishment, while only a quarter of all alcohol is consumed onpremise. These facts clearly identify on-premise drinking as a major target of opportunity for reducing drunk driving. Several DUI countermeasures address this problem, including designated driver programs, server intervention programs, alcoholic beverage control laws and server liability. Research has shown that server intervention programs can be effective in reducing the proportion of patrons who leave an establishment above illegal per se levels, and one study identified a reduction in alcohol crash measures associated with server intervention. California's Department of Alcoholic Beverage Control (ABC) has an active server intervention program which is offered free of charge to licensed establishments on request. The voluntary 4-hour program has trained over 150,000 servers since the program was initiated in 1995. Although the current program has been successful, mandatory server intervention training as part of the ongoing ABC licensing process might have wider impact. California has not had an effective server liability law ever since the dram shop law was repealed in 1978. The Centers for Disease Control (CDC) review of server intervention programs and liability laws recommended that server liability laws are likely more effective than server intervention programs. In California, the gap between the current virtually nonexistent server liability statutes and the repealed dram shop laws from 1978 is sufficiently large to provide a wide "middle ground" for server liability statutes which responsibly address the overrepresentation of on-premise drinking among alcohol related crashes, while responding to the concerns of the industry (including insurance costs).
4. Increase DUI prevention and general deterrence efforts, particularly those targeting youth
   If an ounce of prevention is worth a pound of cure," and there is evidence that this concept applies to alcohol abuse and impaired driving, then a shift in priorities from punishment to prevention might be in order for our overall societal response to alcohol-impaired driving. Recent research evidence that the age of onset of drinking is a primary predictor of adult alcohol abuse points to the need to target prevention efforts at youth. Research also suggests that prevention efforts and public information and education (PI&E) campaigns would benefit from a professional marketing approach similar to that used by commercial interests to promote alcohol consumption. One key to any successful PI&E campaign is to have a viable concept to "sell," one which will make sense to and be embraced by the target population. One such campaign in the area of DUI prevention is the designated driver program, which has survived the initial media blitz and become entrenched in the public consciousness as one practical method of avoiding alcohol-impaired driving. One of the more effective prevention efforts, which is often not seen as such, is sobriety checkpoints. The ultimate function of a sobriety checkpoint is not to catch drunk drivers (although DUI offenders are apprehended and arrested), but as a general deterrent to the larger public of potential impaired drivers, discouraging or "preventing" them from driving impaired in the first place.

WHAT WORKS?

Based on a review of the existing scientific literature, the following countermeasures have proven significantly effective in reducing alcohol-impaired driving:

• Effective Driver-Based Countermeasures
• Minimum drinking age laws
• Per se BAC laws
• Administrative per se license action laws
• "Zero-tolerance" laws for youth
• Other licensing actions, including restriction and probation
• Alcohol treatment
• Server intervention programs
• House arrest in lieu of jail
• Lower per se BAC for repeat offenders
• Sobriety checkpoints
• Public information and education
• Effective Vehicle-Based Countermeasures
• Vehicle impoundment or immobilization
• Ignition interlock
• Other Countermeasures Impacting Alcohol-Impaired Driving
• Seat belts
• Graduated driver licensing
• Alcoholic beverage control

WHAT DOESN'T WORK?

The following countermeasures, which have long formed the basis of punishment for convicted DUI offenders, have not proven effective in reducing impaired driving:

• Jail or community service
• Fines

WHAT MIGHT WORK?

The following countermeasures may prove effective in reducing alcohol-impaired driving:

• Preliminary Breath Test (PBT) BAC testing of all crash-involved drivers
• Designated driver and safe rides programs

Alternative treatment modalities, including pharmaceutical treatment Most of the scientifically proven effective countermeasures listed above have been implemented, if not initiated, in California. It is important that the integrity of these countermeasures is maintained, and that new DUI legislation and programs do not diminish or work at cross-purposes to laws and programs that are effective, including the minimum drinking age law, "illegal per se" BAC level, administrative per se license actions, "zero-tolerance" for youthful offenders, postconviction license suspension and revocation, and drinking driver program treatment. Caution should be used in expanding underutilized DUI programs with promise, including server intervention programs, house arrest in lieu of jail, sobriety checkpoints, PI&E campaigns, vehicle impoundment and interlock, in order that these programs can be maximally effective and target the appropriate population of offenders. At the same time, California should focus on and fully explore those legislative and program areas that provide the greatest opportunity for having the largest impact in reducing the incidence of alcohol-impaired driving. This involves a fundamental shift in focus from punishment to prevention.

RECOMMENDATIONS FOR CONSIDERATION

In addition to the four major initiatives identified earlier, based on the review of scientific evidence regarding existing DUI countermeasures, the following DUI legislation and programs also provide opportunities for reducing the incidence of DUI:

• Lower illegal per se BAC levels for target groups
• Mandatory license suspension for all convicted DUI offenders
• Mandatory vehicle impoundment for persons arrested for a repeat DUI offense
• Increased use of house arrest in lieu of jail.

In addition, the following initiative offers the potential to improve the identification and prosecution of DUI offenders:

• Permissive hospital BAC testing

CONCLUSION

California has long been recognized as a leader in traffic safety, and many of the demonstrably effective DUI countermeasures have already been enacted and implemented in this state, including the minimum drinking age law, the 0.08% "illegal per se" BAC level, administrative per se license action, "zero tolerance" for youthful offenders, drinking driver treatment programs, ignition interlock, and vehicle impoundment. While California has enacted most of the known effective DUI countermeasures, there are countermeasures implemented in other states which might be of benefit to California, such as a lower per se BAC level for repeat offenders. There are also effective countermeasures which are not implemented as widely as they might be, including house arrest in lieu of jail, sobriety checkpoints, and server intervention programs. Most importantly, there are four major initiatives which offer the potential for large-scale reductions in alcohol-impaired driving, including new pharmaceutical treatments (naltrexone), increased alcoholic beverage control, reducing the contribution of on-premise drinking to the DUI problem, as well as prevention efforts focused on youth. There continues to be strong public support for anti-DUI efforts, including the raising of alcohol taxes, provided the funds are used against drunk driving.

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Health Behavior News Service

Newswise — A systematic review of ad campaigns against drunk driving, published in the June issue of the American Journal of Preventive Medicine, suggests these mass media campaigns can reduce alcohol-related car crashes by 13 percent.

The review suggests that all of the campaigns were released to a large audience over a long time period and were thoroughly tested before they were aired, which may have contributed significantly to their success, according to Randy Elder, Ph.D., of the Center for Disease Control and Prevention’s National Center for Injury Prevention and Control and colleagues.

Most of the ads were aired in communities with relatively high levels of law enforcement against drunk driving, leaving it unclear whether “these campaigns might have had similar effects in a setting where strong alcohol-impaired driving prevention activities were not in place,†Elder and colleagues say.

“The studies reviewed here indicated that under some conditions, well-executed mass media campaigns can contribute to a reduction in alcohol-impaired driving and alcohol-related crashes. They also suggest that such campaigns are cost-saving,†they add.

Elder and colleagues analyzed costs and benefits for two of the campaigns. One campaign cost $403,174 per month, but the estimated savings from medical costs, job productivity losses, pain and suffering and property damage were $8,324,532 per month. The cost-benefit analysis for the second campaign revealed similar savings.

The researchers combed through the academic literature looking for studies on effective anti-drunk driving campaigns published before 2002. They chose eight studies that measured changes in alcohol-related crash rates or blood alcohol concentration among drivers for their analysis.

Three of the campaigns emphasized the legal consequences of drunk driving, while the other five focused on the negative social and health aspects of drunk driving. The different approaches were equally effective, the researchers found.

One study indicated that paid ads, which usually received more airplay and reached a wider audience, were more effective at reducing drunk driving incidents than public service ads. In Kansas, for example, the same campaign was used in paid and public service ads in different cities. The public service ads received half as much exposure and had about half as much effect on alcohol-related crash rates.

EGLIN AIR FORCE BASE, Fla., October 08, 2005

Breaking the law doesn't often require an invitation for formal attire, but Airmen at Eglin Air Force Base charged with driving under the influence can expect just that.

Col. Edmond B. Keith, 96th Air Base Wing commander, said he requests that Airmen charged with a DUI show up at his office in their service-dress uniform.

"I have them put on that uniform because it's the uniform I would have to put on when I explain to their parents why they no longer exist after wrapping themselves around a telephone pole or explaining to parents why one of my Airmen killed their child," he said.

Last year, the Alcohol and Drug Awareness Prevention and Treatment program here reported 46 active-duty DUIs. As of August, 34 DUIs have been reported this year.

Though the trend for Eglin had been a steady increase in the number of DUIs since 2003, Capt. Mitzi Mitchell, ADAPT program manager, said they've just begun to see a decrease in DUI numbers as compared to the first quarter of 2005.

"The trend has already been decreasing," she said. "Earlier in the year the numbers were really high. Now they've already gone down this first quarter."

Numbers for Eglin may be taking a downward turn, but DUIs still remain a national problem.

According to the National Highway Traffic Safety Administration, approximately 1.5 million drivers in 2002 were arrested for driving under the influence of alcohol or narcotics, putting the DUI arrest rate at 1 for every 130 licensed drivers in the nation.

Legal repercussions stemming from a DUI vary according to location and circumstances, but one thing is certain - the penalties, monetary or otherwise, come at high costs.

"The financial costs are great and are often a lot more than people recognize," Captain Mitchell said.

Costs and penalties associated with DUI vary by county, but the price tag of a first-time DUI ranges from $4,000 to more than $25,000. In Okaloosa County, this figure can include $250 to $1,000 in DUI fines, $372 to $1,425 in court fees, $1,500 to $5,000 in attorney's fees and a variety of others depending upon blood alcohol level.

Legal officials said servicemembers with DUI offenses can be taken to court-martial and charged under Article 111 of the Uniform Code of Military Justice. If a DUI results in personal injury, an Airman can expect a maximum of dishonorable discharge, confinement for 18 months and forfeiture of all pay and allowances.

Without personal injury, the maximum punishment is a bad conduct discharge, six months confinement and forfeiture of all pay and allowances.

DUIs can also be handled through Article 15 action, with punishments varying depending on case circumstance and a commander's decision.

Suspension of a driver's license for one year, personal injury lawsuits, vehicular manslaughter and prison sentences can also accompany DUI charges.

Colonel Keith said the military is the most respected institution in the United States, thus holds Airmen to a higher standard.

"Irresponsible drinking is one of the easiest ways to become a civilian below the zone," he said.

Editor's Note: In July, the 0-0-1-3: Creating a Responsible Drinking Culture program began a test phase in two squadrons at Eglin Air Force Base, Fla., with the aim of eventually implementing the program base-wide. The standard 0-0-1-3 stands for zero drinks under 21, zero DUIs, max one drink per hour, max three drinks in one night. The program's goal is to significantly decrease alcohol-related incidents among Airmen. This is part two of a four-part series about different elements of the program.

By Monica D. Morales 96th Air Base Wing Public Affairs
http://www.blackanthem.com/scitech/military_2005100810.html

DALLAS (Nov. 17, 2005) - Mothers Against Drunk Driving (MADD) and Takata, the world's largest manufacturer of seat belts, today launched the 2005 Tie One On For Safety holiday ribbon campaign. This is the 19th year of the campaign and the third consecutive year that the organizations have joined forces to encourage motorists to tie a ribbon to their vehicles as a pledge to drive safe and sober, and to always buckle up while in a vehicle during the Thanksgiving to New Year's holiday season. To commemorate MADD's 25th anniversary, the campaign ribbon has been issued in a special silver edition.

"The holiday season is a busy time on our nation's roads with a high incidence of alcohol-related fatalities," said MADD national president, Glynn R. Birch. "Drunk driving crashes are the most frequently committed violent crime in America, yet they can be prevented if the public would simply remember the three keys to safety before they head out the door to their holiday destinations: drive safe, drive sober and buckle up. Tie One On For Safety asks motorists to tie a silver ribbon to their vehicles as a pledge to do just that."

Alcohol-related traffic deaths from Thanksgiving to New Year's Eve dropped from 1,579 in 2003 to 1,316 in 2004. Unfortunately, the number of unrestrained and/or alcohol-related traffic deaths increased in 2004 over this same time frame from more than 2,100 in 2003 to 2,237 and nationally, there are still nearly 17,000 alcohol-related traffic fatalities annually.

Bob Kittle, vice president of sales and marketing for Takata, said, "Takata is in the business of saving lives, and our passion is to reduce traffic fatalities by constantly educating people on the critical importance of wearing a seat belt. Ninety percent of the fatalities on our roads are caused by drunk drivers or failure to wear seat belts; since a buckled seat belt is the best defense against a drunk driver, supporting MADD is the right thing to do for Takata."

Consider these facts supporting why seat belts are the best defense against a drunk driver:

From 1975 through 2004, it is estimated that safety belts saved 195,382 lives, including 15,434 lives saved in 2004. If all passenger vehicle occupants over age 4 wore safety belts, 21,273 lives (that is, an additional 5,839) could have been saved in 2004. (National Highway Traffic Safety Administration, 2005)

Alcohol-impaired drivers are less likely than drivers without alcohol to use seat belts, and the higher their blood alcohol content (BAC) the lower the use of seat belts. (McCartt & Williams, 2004).

The higher the driver's BAC, the more likely that a child passenger will be unrestrained. (Quinlan et al, 2000)

Studies have found that states that pass a primary seat belt law increase average seat belt usage by nine to 14 percentage points. (Dinh-Zarr et al, 2001)

Tie One On For Safety is MADD's most recognizable and longest running national public awareness campaign. More than 6 million ribbons are distributed annually. In addition to picking up a ribbon, there are other ways communities can get involved this holiday season. Everyone can access MADD's free safe party guide with mocktail recipes and tips for hosting safe and fun parties and honor victims/survivors online. MADD will host a Candlelight Cybervigil of Hope and Remembrance from November 23 through January 2, 2006, to help families and friends honor those who have been killed or injured in alcohol-related traffic crashes. The public can light a "virtual candle" this holiday season and share a message to acknowledge their loss experience and support others who share in that loss.

"Drunk driving is a 100 percent preventable crime," Birch noted. "In 25 years, we have helped save more than 300,000 lives and prevented countless injuries with the help from leaders nationwide. We are especially grateful for the support of Takata this holiday season and for helping MADD raise awareness about the need for primary seat belt laws in every state." MADD aims to reduce drunk driving fatalities and injuries by 25 percent by 2008 with a primary focus on general law enforcement deterrence such as seat belt mobilizations and sobriety checkpoints.

Takata, National Presenting Sponsor of MADD's Tie One On For Safety ribbon campaign, is the world's largest provider of seat belts and a leading global automotive safety systems supplier. Takata's U.S. automotive safety headquarters are in Auburn Hills, Mich. www.takata.com

Founded in 1980, MADD is a non-profit organization with approximately 2 million members and supporters nationwide. MADD's mission is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. www.madd.org/toofs.

Contacts:

Misty Moyse, MADD National, (469) 420-4558

misty.moyse@madd.org

Rick Bourgoise, Strat@comm, (248) 649-8000, ext. 210

rbourgoise@stratacomm.net

SOURCE: http://www.madd.org/news/0,1056,10264_0,00.html

Wilmington, NC - In an effort to combat the sharp increase in drunk driving fatalities that occur around the holiday season, a MADD (Mothers Against Drunk Driving) group from Wilmington kicked off a special holiday campaign.

With almost 400 deaths in the state of North Carolina last year, the group has plenty of motivation for their efforts. The Wilmington MADD group paired with the law enforcement of New Hanover County for "Tie One on for Safety." The campaign motivates citizens to tie a red ribbon to their cars to increase awareness about being cautious on the roads during the holiday season.

November 18, 2005

SALISBURY -- It took almost 20 years, but Glynn Birch finally has the chance to say thank you.

In 1988, Birch's young son Courtney was walking across the street to get ice cream when he was struck by a drunken driver going 70 mph. The boy -- three months shy of his second birthday -- was dragged 150 feet before the car stopped and was killed instantly.

In the following months, Glynn Birch's local Mothers Against Drunk Driving helped him through the grieving process up until the driver, who had a blood-alcohol level of .26 and had three prior drunken-driving convictions, was sentenced to 15 years in prison.

But throughout the entire process, Birch never got to acknowledge the police officers who responded to the scene on May 3, 1988, and helped prosecute the case -- until Friday at the MADD Ribbon Kickoff and Law Enforcement Recognition Breakfast.

"I think back to all the missed opportunities to thank law enforcement," said Birch, who was recently selected as the first-ever male MADD president. "But I'm getting that chance now."

Birch told the crowd of police and prosecutors at the Fountains Weddings and Conference Center in Salisbury that one of the advocate group's main goals is strengthening ties with law enforcement.

And hosting an event that recognizes law enforcement officials from all nine counties on the Eastern Shore goes toward that, said David Elzey, victim advocate for MADD's Eastern Shore chapter.

"It's to show our appreciation for police getting drunken drivers off the road," he said. "It also means a lot to the victims that have been helped by (police) over the years."

Friday's event also serves as the beginning of their holiday ribbon program that urges motorists to tie the MADD ribbon to their vehicles as a pledge to be safe on the roadways and especially to buckle up.

Birch urged police to keep up their high level of vigilance.

"Please continue the work because it is making a difference," he said.

Anyone interested in participating in MADD's ribbon campaign should call 410-742-6233.

Reach Ben Penserga at 410-845-4648 or bpenserga@salisbury.gannett.com.

Originally Published November 19, 2005

Posted on Wed, Aug. 18, 2004

By Patrick Kerkstra

Inquirer Staff Writer

Keith Emerich - the self-described "Joe Six-Pack" who lost his driver's license after telling a doctor of his penchant for downing up to 10 Budweisers a day - can get back on the road, a Lebanon County judge has ruled.

But there's a hitch.

Before he can drive, Emerich will have to install an "ignition interlock," a built-in blood-alcohol breath test that requires the driver to exhale below 0.025 percent before the car will start. The state's legally prohibited level for most drivers is 0.08.

"Just think of the stigma that's going to put on me, blowing into some tube just to start your car," Emerich, 44, said yesterday. "This is how I'm being treated, like some common criminal.

"And all I did was go to the doctor."

An irregular heartbeat led Emerich to Lebanon's Good Samaritan Hospital in February. When a physician there asked him about his alcohol use, Emerich candidly acknowledged drinking six to 10 beers a day. Doctors told him the alcohol was damaging his heart.

Two months later, on April Fools' Day, he received a letter from the state revoking his license. The decision was based on the doctor's judgment that Emerich had an alcohol problem.

Pennsylvania is one of only six states in the nation that direct physicians to report drivers with potentially dangerous medical conditions, and it is the only state to list alcohol abuse as a problem that should be brought to official attention.

About 230 Pennsylvania drivers lost their licenses last year after doctors reported their drug or alcohol addiction, the Pennsylvania Department of Transportation said.

Though the ruling offers Emerich a way to get back behind the wheel of his Ford Taurus, the judge did not overturn PennDot's decision to rescind Emerich's license. Indeed, Judge Bradford H. Charles wrote Friday that PennDot was correct to take Emerich off the road.

"If Emerich's alcohol addiction had progressed to the point where he could not stop drinking even though it was killing him, how could we reasonably expect Emerich to forgo alcohol simply to ensure safe driving?" Charles wrote.

The ruling satisfied PennDot, spokesman Anthony Haubert said. "We feel that the decision rendered by the Court of Common Pleas clearly recognized the importance of highway safety."

But Emerich, who learned of the judge's opinion Monday, was plainly angered, and his attorney said the ruling dodged the central question of the case.

"We're happy that it gives him a chance to drive, but the ruling doesn't answer the ultimate question: Why isn't he able to drive when he hasn't done anything wrong?" said Horace M. Ehrgood, Emerich's attorney.

Emerich has one 23-year-old drunken-driving conviction. But his driving record is otherwise spotless, and he has said repeatedly he does not drink and drive.

"The ignition-interlock device is usually for repeat DUI offenders," Ehrgood said. "He's not a repeat DUI offender; he didn't violate any law."

Pennsylvania has until now never required an ignition-interlock for anyone but repeat DUI offenders, said Haubert, the PennDot spokesman.

In the case of repeat offenders, the interlock is kept on for one year, at a cost of about $1,000 to the driver, Haubert said. PennDot is uncertain how long it will require Emerich to use an interlock.

Emerich said he may not be able to afford the device, anyway.

"I'm tapped out. I don't know what to do. I can't afford to keep this lawyer I have. I've already tapped into my 401(k) for all this," said Emerich, who has a job as a pressman at a Lebanon print shop.

"But I guess it's do what they say or walk for a while."

----------------------------------------------------------------------

Contact staff writer Patrick Kerkstra at 610-313-8111 or pkerkstra@phillynews.com.

Affiliation: Monmouth University, West Long Branch, New Jersey, USA.

(Copyright © 2006, Elsevier Publishing)

77 individuals convicted of a drinking and driving (DUI) offense were screened for recidivism approximately 12 years following their first offense. At the time of the initial DUI conviction, participants were administered the MAST and the MMPI-2. Participants' drinking history and driving history and arrest at the time of screening and at a 12-year follow-up were also reviewed. The results indicate that, among DUI recidivists, on average 6 years elapsed between their first and second DUI offenses. Driving history prior to the first DUI offense was predictive of later recidivism.

The only significant finding from the MAST and MMPI results was that repeat offenders tended to have higher scores on the L and K validity scales of the MMPI (see Forensic Psychology Study below). These results are discussed in the context of Jessor's Problem-Behavior Theory and as well their clinical implications for screening and treatment decisions involving first time DUI offenders.

Source: http://www.safetylit.org/

----------------------------------------------------------

AMERICAN JOURNAL OF FORENSIC PSYCHOLOGY, Volume 16, Number 4, 1998, p. 5-14

MMPI-2 VALIDITY SCALES AND SUSPECTED PARENTAL ALIENATION SYNDROME

by Jeffrey C. Siegel, Ph.D. and Joseph S. Langford, Ph.D.

MMPI-2 validity scales of two groups of parents going through child custody evaluations, parents who engage in parental alienation syndrome (PAS) behaviors and parents who do not, were compared. It was hypothesized that PAS parents would have significantly higher L and K scales and a significantly lower F scale than parents who do not engage in these behaviors. Using female subjects, since few males were available, the hypothesis was confirmed for K and F scales, indicating that PAS parents are more likely to complete MMPI-2 questions in a defensive manner, striving to appear as flawless as possible. It was concluded that parents who engage in alienating behaviors are more likely than other parents to use the psychological defenses of denial and projection, which are associated with this validity scale pattern. Implications of this finding regarding possible personality disorders in PAS parents are discussed.

Parental alienation syndrome is a term coined by Gardner (1, 2) for the phenomenon in which a child from a broken marriage becomes alienated from one parent due to the active efforts of the other parent to sever their relationship. Rand (3) recently provided an extensive review of the literature relevant to this phenomenon, broadening the scope to include writing which described the same or similar Concepts without using Gardner's term. Gardner and others (4, 5) have described numerous behaviors the alienating parent may engage in to harm the child's relationship with the other parent, many of which have been described as "programming" or "brainwashing." For example, the alienating parent is likely to make accusations about the other parent in front of the child, describe the other parent as dangerous or harmful, tell the child that the other parent does not love him or her, and greatly exaggerate the other parent's faults (whether real or imagined). More extreme alienating behaviors include making false accusations of sexual or physical abuse and programming the child to believe that the abuse occurred. According to Gardner, the child becomes aware that the alienating parent wants him or her to hate the other parent and, out of the need to please the alienating parent and to avoid abandonment or rejection, the child joins in the denigration of the other parent.

Source: http://www.fact.on.ca/Info/pas/siegel98.htm

Doctors must report any condition that may impair motorists.

According to Commonwealth Court records, Emerich, then 44, was admitted to Good Samaritan Hospital in Lebanon in February 2004 with heart palpitations. While taking his medical history, a doctor asked how much he drank, and Emerich said probably six to eight glasses of beer a day.

A physician told Emerich that drinking could be bad for his heart, but nobody said anything at that point about his driver's license. After a short hospital stay, he resumed his normal life as a print-shop worker, taking medication for a heart ailment.

About six weeks later, Emerich was surprised to be notified by mail that the state Department of Transportation was suspending his license, based on a doctor's judgment that he had an alcohol problem.

Emerich's lawyer, Horace Ehrgood of Lebanon, said his client appealed to Lebanon County Court, which upheld the suspension in August 2004, then to Commonwealth Court, which two months ago sustained the county ruling.

The court said that under the law, PennDOT has the right to pull one's license if, ''in the opinion of an examining physician,'' a medical condition is likely to impair your ability to drive safely. The law lists the use of any drug or substance, including alcohol, as among those conditions.

So based on a doc's opinion ‹ informed opinion, perhaps, but opinion nonetheless ‹ they can take your wheels away, and put the onus back on you to show you're capable of driving once again, Doug.

Emerich has to convince a physician his drinking will no longer impair his ability to drive (if it ever did), and that's what he intends to do, said Ehrgood, adding that his client doesn't have the money to continue with court appeals.

The Warrior couldn't reach Emerich, but Ehrgood said he's doing well with the heart problems under control, and he's getting to work every day with the help of a co-worker. Ehrgood is unaware of any drinking problems. ''He hasn't missed any work,'' he said.

Again, the Warrior understands the need to prevent drunken driving. But in this instance, Emerich, who had a DUI 24 years ago but had a clean driving record since, was charged with no such thing. No traffic stop, no blood test, no anything.

''The only crime I committed was getting sick and telling the doctor the truth,'' Emerich told the Associated Press last year.

Emerich did make one mistake, in the Warrior's view. He declined a doctor's request to go to alcohol counseling or therapy. Ehrgood said Emerich had undergone counseling decades ago for the DUI charge, and felt it wasn't necessary now, since he had done nothing wrong.

But he should have taken the opportunity; a counselor's word that Emerich had cut back on the juice probably would have carried some weight, and he might have his license back by now.

''No doubt about it,'' Ehrgood agreed.

Nevertheless, the way this thing came down brings George Orwell to mind. And the potential for patients to withhold vital information from their doctors for fear of being ratted out is a fearful prospect.

PennDOT spokeswoman Claudine Battisti said the department is aware of the civil-rights concerns regarding this issue, and tries to balance them with the safety rights of the general motoring public. ''There are concerns on both sides,'' she said, adding that it's the Legislature really setting the rules.

As for what to tell the doctor, ''Hopefully, people will be truthful with their doctor,'' Battisti said, because their health is at stake.

Chuck Moran of the Pennsylvania Medical Society said the law doesn't merely recommend that physicians report problems, they're mandated to do it. If they don't, not only could they be cited, but they could be sued if a patient later was in an accident.

PennDOT processes 40,000 physician-reporting forms each year, Battisti said. Last year, 5,774 licenses were suspended for medical reasons, 29 percent for seizure disorder, 18 percent for psychiatric problems, 12 percent for bad vision, 11 percent each for cardiovascular and neurological problems, 10 percent for loss of consciousness, 5 percent for substance abuse, and 2 percent each for loss or impairment of limbs and diabetes, Battisti said.

In all, 289 people, including Emerich, had their licenses suspended for substance abuse.

Many editorial boards and opinion writers have addressed the issues surrounding Emerich's case. According to the Warrior's review, most concluded that ''Six-Pack Keith'' got a raw deal, despite the state's need to protect the safety of all motorists.

''Emerich's driving rights are being restricted for an offense he did not commit,'' said the Lancaster New Era. ''In this country, people are innocent until proven guilty. In Emerich's case, he's guilty until proven innocent.''

The state sets no limit, Doug, on the amount of alcohol you can drink per night.

Not yet, anyway.

See Article: Morning Call

Recently Alcohol Countermeasure Systems, a Canadian company, announced it had struck a deal to install its Alcolock breathalyzer system in Volvo trucks. The effort goes into effect this year in Sweden and will be expanded to other Scandinavian countries in the near future. In a separate agreement, the company will begin providing alcohol detection devices for cars sold in Sweden in 2008.

The Swedish government is advocating installation of detection devices in all vehicles by 2012.

An alternative to a breathalyzer device is a sensor that can detect the presence of alcohol through the skin. One such system, called the Transdermal Steering Wheel Alcohol Sensor, is being developed by an inventor keen on capitalizing on the campaign to fight drunk driving. It has been reported that Toyota Motor Company is looking into a system that analyzes a driver’s blood alcohol content through sensors in the steering wheel. The sensors keep the car from being started if it detects a high level of alcohol.

The Transdermal Steering Wheel is currently being tested by KS Centoco Wheel, a large major steering wheel manufacturer near Detroit. A similar, competing system is being developed by Transbiotec of California.

Both the breathalyzer and sensor technologies have limitations and concerns. Industry experts envision new technologies being developed over the next decade. TruTouch Technologies, in Albuquerque, New Mexico, has been developing products based on infrared technology that detects glucose levels without relying on blood or breath tests. A stationary version of the detection system is currently in use, though an in-car system is not yet available.

The plan is to develop sensors that will analyze perspiration on the palms of the driver’s hands. If the blood alcohol level of the driver is determined to be above legal limits, the system will automatically disable the car. This approach differs from that of European automakers, like Saab, who are experimenting with breathalyzer type tubes in their fleets to detect drunk drivers. Toyota feels that system can be circumvented by having someone other than the driver blow in the tube.

The Toyota system would also analyze a driver's eye movement, driving performance and other factors.

Rival Nissan Motor announced similar plans last year. Both automakers are responding to a public outcry against drunk driving in Japan, though the alcohol detection system could be made available in other countries. The national office of MADD in the United States recently advocated the installation of breathalyzer equipment in automobiles owned by those arrested for DUI, even first time offenders.

Toyota is planning on making the alcohol detection system available in 2009.