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The Culture of Alcohol Consumption
The Culture of Alcohol Consumption
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Botelho, Greg. "NTSB Calls for Lowering Blood Alcohol Limit, but Is That the Answer?." CNN Wire Service. 05 Feb. 2016: n.p. SIRS Issues Researcher. Web. 30 Sep. 2016.
1. The author of this article, Greg Botelho, is a writer for CNN, a worldwide credible news source. Botelho’s overall purpose for writing this article is to inform his intended audience, American drivers, about the National Transportation Safety Board’s opinion on lowering the legal blood alcohol content (BAC) levels, and includes other advocate groups opinions’ against lowering the legal levels. Botelho himself suggests that lower BAC levels should be positively enforced, as it would decrease drunk driving fatality cases.
2. The National Transportation Safety Board recommends
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24/7 Sobriety is a program tailored for repeat DUI offenders. These offenders are allowed to drive all they want, but are under court order not to drink at all. To ensure that no drinking is occurring, twice a day, offenders are required to visit a police facility and take a breathalyzer test, with the consequence of drinking resulting in mandatory arrest. The article then goes on to explain why a program with as much success as 24/7 Sobriety isn’t more widely adopted: this program challenges the common theory of addiction being a “brain disease” that cannot possibly be resolved by practicing methods such as rewards and penalties. The difference between 24/7 Sobriety and other alcohol rehabilitation programs is that 24/7 Sobriety promotes alcohol abstinence instead of “drinking responsibly” while having the added pressure of alcohol constantly being around an …show more content…
The Supreme Court ruled that police must obtain a search warrant before requiring a suspected drunk driver to take a DUI blood test, but, possible offenders who refuse a breath test can still be arrested on the spot. The court's rule was based on the judgment that blood tests are painful and violate Fourth Amendment protections against unreasonable searches without a warrant, while breath tests are less intrusive and not very demanding. Some Justices believe that warrants should be required for both breath and blood tests, as warrant requirements will dial down later on if they are not heavily enforced now. However, some government lawyers state that the court system would be overwhelmed with "unnecessary paperwork" if warrants were required for breath and blood tests. In addition, advocates for stronger penalties believe that this Supreme Court decision will make it easier for drunk drivers to avoid necessary punishment. The ruling has reversed many cases involving refusal of both breath and blood
The Court held that because of the “special facts” the “attempt to secure evidence of blood-alcohol content in this case was an appropriate incident to petitioner’s arrest.” Under current jurisprudence, we would construe the language about “special facts” as relating to the exigent circumstances exception to the Fourth Amendment – which resists categorical rules – and instead focuses on the need for the intrusion and the availability of a warrant. However, the language also justifies the search as “incident to petitioner’s arrest,” which would indicate that the test was upheld as a search incident-to-arrest. In situations where it is appropriate, that has been described as a “categorical” exception to the warrant requirement that does not require any case-by-case
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I think that it is agreed by all parties that the prodigious number of sober drivers in our neighborhoods, city streets, and country roads is at present deplorable to the state of our great nation. Currently, a whopping ninety-eight percent of Americans of driving age feel threatened by those who drive under the influence of alcohol, which means that only two percent of Americans are able to fully relax and enjoy themselves while on the road, and with the growing awareness, this number could be on the rise (MADD Online: General Statistics 1). What a travesty! All drivers, and passengers alike, should be put at the same risk for danger, be it damage, injury, or death.
One of the major court decisions for the “Search Incident to Arrest” was Gant vs. Arizona. Rodney Gant was arrested for driving with a suspended driving license. When the police officers arrested him and had him hand cuffed in the back seat of the police car, they then did a search on his vehicle. The police then didn’t have a reason to think there were illegal things in his car just from driving with a suspended license. The search warrant to arrest states that a police officer may conduct a warrantless search if there are any suspensions found within the area. In Gant versus Arizona this was not the case. The police officer had no reason to search Rodney’s car just because he had a suspended drivers license. As the police officer was searching the car he found cocaine in a jacket pocket in the back seat. A previous case ruling such as New York versus Belton, they had made the bright-line rule. The bright-line says that a police can search the compartment on the passenger side of a vehicle or any containers that are within the reach or “grabbing area” of the arrestee. Later over the years there was another court casing, Thornton versus United States. During the courts ruling they had changed the Belton rule again. It now said that the police cannot pursue a warrantless search if the arrestee is secured and locked up in a police car and has no access to the inside of the vehicle. After hearing the revised rule, the court did not give up. In the final courts ruling, a police can still perform a warrantless search only if there is any reason to believe there is other crime related evidence in the vehicle. Since the time of Gants arrest the police had no suspicions to conduct a warrantless search because of a suspended driving license, Gant
Michigan Dept. of State Police v. Sitz (496 U.S. 444 [1990]) was a case where the Court upheld the doing of a warrantless, suspicion less checkpoint intended to distinguish confirmation of drunk-driving. In Michigan Dept. of State Police v. Sitz (496 U.S. 444 [1990]) checkpoints were set up, where every car stopped and the driver was momentarily observed for signs of intoxication. Like anything else, if the driver was found to be under the influence, they would get detained for a field sobriety test and if they were in fact intoxicated, then they were arrested.
The facts are plain and simple, that alcohol and driving do not mix. About three in every ten Americans will be involved in an alcohol related crash at some time in their lives. Every single injury and death caused by drunk driving is totally preventable. To curb this national travesty, concerned Americans need to examine the problems, the effects, and the solutions to drunk driving. First of all, America has had a problem with drunk driving since Ford perfected the assembly line. Alcoholism is a problem in and of itself, but combined with driving can have a wide range of effects. The consequences of this reckless behavior can include a first time DUI or licenses suspension; a small fender bender, or worst of all a deadly crash. Most drivers that have only one or two drinks feel fine, and assume they are in control, which is irresponsible and dangerous. Alcohol is a depressant that slows down the body's ability to react and impairs judgment. To drive well, you need to be able to have a quick reaction time to avoid accidents. Unfortunately, people continue to drink and drive. However,...
Main Point I: I’d like to start off by talking about the penalties of drinking and driving. Did you know that drunk driving is the nation’s most frequently committed violent crime? A chronic drunk driver is a person who has driven over 1,000 times before being caught. They do not respond to social pressures, law enforcement, and the messages that have been combined to reform the drinking and driving behavior of our society.
Law enforcements around the US have worked extremely hard to prevent drinking and driving. Checkpoints were established to help prevent DUIs. In Sedalia, for example, mostly they are on “big nights” such as prom, Fourth of July, and graduation. A DUI checkpoint is when police officers block the road with barriers or vehicles. Before being a loud to go through the checkpoint, the driver must have a conversation with the officer and present his or her driver’s license. If the driver is shown to have signs of drinking alcohol, the officer can give the driver a sobriety test or a Breathalyzer.
“Drink the first. Sip the second slowly. Skip the third. The speedway ends at the cemetery” (Rockne). Every day, almost 30 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This amounts to one death every 48 minutes. The annual cost of alcohol related crashes totals more than 51 billion. In Recent discussions of drunk driving, a controversial issue has been whether the driving while intoxicated laws should be increased due to the amount tax payers are paying for drunk driving crashes. On the one hand. Some argue that the driving laws for driving drunk should remain the same and not change. From this perspective the laws about driving under the influence should greatly increase to be stricter, this will help decrease the death rate per year in the United States. On the other hand, however others argue that the laws about driving while drunk are already too strict and should remain unchanged. In sum, then, the issue is whether the laws about driving drunk should be greatly increased to be more effective, or remain unchanged. Because drunk driving can result in unnecessary and premature deaths, unsafe roadways, billions of dollars spent on taxpayers due to DUI’S, and losing a loved one. Drunk driving laws should be altered to be more efficient.
Hall, Jim. "Lowering the Minimum Drinking Age Is a Bad Idea." Center for Science in the Public Interest. N.p., Feb. 1998. Web. 25 Nov. 2013. .
Time to Lower the Drinking Age? U.S. News -. U.S. News & World Report, L.D., 07 May, 2014. Web. The Web.
There is a need for the introduction and implementation of new drunk driving laws by the legislature, because presently the united States drunk driving laws are too lenient. The continuous rate of drunken driving fatalities makes a case that the united States drunk driving laws are too lenient and makes a call for stricter laws. According to Valenti “countries with strict drunk driving penalties have a far lower incidence of accidents than the United States (1). The United States being a first world country is weak in enforcing strict punishment for drunk drivers. Valenti is emphasizing on the fact that the united States need to improve their present laws and be firm in enforcing these new laws. There is a need for the United States to improve on their severity of its drunk driving penalties just the way the other part of the world have done and this is giving them a reduced rate of drunk driving fatalities. The claim of the leniency of the United States drunk driving laws is further stated by the National Highway Traffic Safety Administration (NHTSA), this is a prominent body when it comes to the issue of drunken driving fatalities. It claims that the drunken driving laws are severe enough. “Despite great strides in awareness, education and enforcement in the last two decades the United States still has one of the most lenient drunken driving standards in the world”. (NHTSA of existing laws. There is a need for stricter laws to be introduced as the United States ranks behind the world when it comes to effort to combat drunk driving and more efforts need to be put in place by the implementation of harsher laws so as to reduce the high rate of repeat offenders and first time offenders.
Driving under the influence is one of the most common and dangerous situations in which anyone can be or be placed. Drinking and driving is a serious offence that can cause someone to be physically harm or even killed. Not only are you putting yourself at risk but you are also risking the lives of passengers in the car as well as any other car and occupants sharing the road with you. Many people believe that increasing fines for drunk driving offenders will play a compelling role in cutting down the occurrences of driving under the influence. However, while harsher DUI laws will look effective on paper, they will not make a significant step in the fight against drunk driving. Although there is a law enforced for drinking and driving in the
Many people in the United States enjoy a drink of their favorite alcoholic beverage. It could be a nice ice cold beer after a hard day of work or going to the bar and enjoying a few shots or mixed drinks with friends. Drinking alcohol is a common way to mingle with friends and take the edge off a difficult day. However, there are dangers involved with alcohol since it does dampen the body’s ability to cope with new information. Alcohol becomes a poison to the body when consumed in large quantities. The biggest danger is not to the driver after they become inebriated, but comes to anyone the drunk driver comes in contact with. A sober person can be dangerous just by being distracted, but a drunk driver’s ability to cope with changing situations and distractions is one of the biggest hazards on today’s roads. Some individuals believe that they are not as impaired as what they are led to believe from government ads and the many videos that show what can happen to someone who is drinking and driving. Although, there are many policies in place to advocate against drunk driving, there are those who would endanger themselves and others with their thoughtless actions when they jump into the driver’s seat of a vehicle. Drinking and driving should never be combined because a person who has been drinking does not have the ability to use all mental faculties unimpaired, many people have been killed, injured, or psychologically hurt by a drunk driver, many men and women do not know the difference weight and gender have on the body’s ability to process alcohol, and the financial and legal trouble that is awaiting for those convicted by a DUI.