Articles Posted in Drunk Driving in Massachusetts

Superbowl Sunday is a great day in sports and is a time when many people get together and have a few beers and watch the game. Unfortunately, if you are headed out to celebrate at a bar or at a friend’s house, you will have to be careful about how you get home. Superbowl Sunday is also a day when many people make the dangerous choice to drink and drive, and this choice could be deadly.

Our Boston drunk driving injury attorneys urge everyone to be smart on this upcoming Superbowl Sunday. While you can certainly enjoy the game with a drink or two, you should have a plan in place to make sure that you do not get hurt on your way home.

Staying Safe and Sober on Superbowl Sunday
Having a beer (or a few) goes hand-in-hand with the Superbowl for many, and law enforcement is aware. In fact, efforts have been underway for years to try to curb the dangerous practice of drinking and driving on Superbowl Sunday.

In 2008, for example, the Governors’ Highway Safety Association partnered with communities across the United States to launch a campaign called Fans Don’t Let Fans Drive Drunk. The initiative came after 130 people died during Superbowl weekend in 2006 and it involved both increasing the presence of law enforcement on the roads and stepping up public education on the dangers of drunk driving on Superbowl Sunday.

Massachusetts’ law enforcement continues to be aware of the risks of drunk driving on the biggest football day of the year. Their response will include efforts to curb dangerous drivers and there are will be more police on the streets and more sobriety checkpoints set up. These efforts, hopefully, will help to ensure that no one is killed or seriously injured in a drunk driving crash.

Football fans can also take the initiative to protect themselves and their friends from a drunk driving crash on Superbowl Sunday. Some of the alternatives you have to create a plan for safe driving include:

• Having people over to watch the game. If you invite guests over, you can drink in a safe environment in your home and you won’t have to worry about driving after. Remember, though, that you are responsible for any guests that come to your home. This means if you have a party, you can’t let your friends leave if they’ve been drinking unless they have a designated driver.
• Planning for a designated driver prior to the game. If you are going to go be going to a bar or to a friend’s house to watch the football event, you should make sure that you have someone to drive you home. Be sure that there are plenty of non-alcoholic drinks available for the DD so that he or she has more incentive to stay sober.
• Taking a taxi home if you’ve had too much to drink. Sometimes, you may plan on just having a beer or two but things may get out of hand if your friends are drinking a lot or if your favorite team is losing. If you are going to drink anything at all, you should plan on taking a taxi if you don’t have a ride since it can be very hard to tell if you’ve had too much once you have already started drinking.

By following these tips and by making a commitment to sober driving on Superbowl Sunday, you can enjoy the same without putting yourself or others at risk of a drunk driving crash.
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On January 16, 2013, a nine-time convicted drunk driver was arrested and held without bail. The driver was falling down drunk and had a bottle of vodka on the passenger seat of a U-Haul, which he crashed into an SUV. The offender fell when he stepped out of the U-Haul, repeatedly fell asleep and was only intermittently aware of where he was when police located him at a gas station.

As the Boston Herald reports, the offender has a long record of driving while intoxicated. His first DUI offense was in Brookline in 1984 and his most recent, prior to this latest incident, was in 2007. The driver had his license permanently revoked for life as a result of his repeated DUIs and yet he was still driving anyway — and driving a rented box truck, no less.

Our Boston DUI accident attorneys believe that this case is an important warning to every driver on the road.

Repeat DUI Offenders May Drive Without a License
The story about the nine-time DUI offender illustrates a very important point. The offender had no license, and had his license permanently revoked. Yet, he was driving anyway. Unfortunately, being intoxicated and having poor judgment as a result of being impaired can result in people making the unwise choice to drive without a license. The truth of the matter is so many of these people never quit driving at all — drunk or sober.

One big problem when a drunk driver (or any driver) drives without a license is that often the driver will have no auto insurance. After all, car insurance is very expensive for people who have been found guilty of DUI and is even more costly for people with repeat DUI offenses, if it is even available at all. For all of these reasons, a drunk driver without a license is very likely to not have any type of insurance policy at all.

When someone is injured by the actions of an unlicensed, uninsured drunk driver, the victim may face significant obstacles to recovering compensation. While the individual injured by the drunk driver could sue the drunk, chances are this would be a futile exercise.

If the drunk had no insurance, then there is no insurance company to pay a judgment. Anything that an injured victim is awarded would have to come out of the drunk defendant’s personal assets. While this is fine if the defendant has personal assets, often the defendant has little or no income or assets. A judgment, therefore, becomes almost impossible to collect and the injured victim is left with nothing. This is why those injured by drunk drivers without a license may benefit greatly from personal injury protection insurance (PIP) and from any uninsured motorist coverage. Dram shop litigation may also pursue a restaurant or bar that sold an intoxicated drunk the alcohol he consumed before the crash. While each case is unique, the commonality is the need for an experienced attorney in the wake of a serious crash with an intoxicated motorist.
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Under Massachusetts law, when you get behind the wheel and drive on the roads, you are giving your implied consent to have your blood-alcohol content tested if police have probable cause to believe you are drunk.

This means that if police pull you over and suspect you are drunk, you cannot just refuse to take a BAC test. While you will generally have your choice of a blood or breath test, a refusal to take some type of BAC test can result in a 180-day license suspension for a first offense, with longer suspensions for repeat offenders. Of course, some people will choose to refuse to take the test anyway, accepting the license suspension.

There is a way to get around this refusal. In some states, law enforcement has to get a judge to issue a warrant ordering the potential drunk driver to submit to a blood test despite refusing to do so. In other states, however, police have even more leeway in investigating drunk driving cases by requiring blood tests. In January of 2013, the United States Supreme Court began reviewing a case related to how far states could go in DUI investigations. Our Boston drunk driving accident attorneys believe that the decision the Supreme Court makes is going to have a major impact on the laws related to DUI evidence collection throughout the U.S.

Supreme Court Considering the Rights of Suspected Drunk Drivers
The Supreme Court Case has arisen out of Missouri’s rules about taking blood from drunk drivers. Under Missouri laws, which are backed by the Obama administration, drunk drivers may be forced to submit to a blood test even without a warrant being obtained from a judge. In other words, even if someone refused a test, the individual could be forced to submit to one by law enforcement without a court order from a judge.

The rationale behind forced blood tests is that evidence is being lost or destroyed with each minute that passes. This is because the driver’s blood alcohol level is continually going down. If police have to wait to find a judge and get a warrant, a person’s blood alcohol may fall below the limit in this interim waiting period even if the individual was actually drunk while driving.

Of course, there are also plenty of arguments about why the Missouri police shouldn’t just be allowed to take blood. The biggest argument is that requiring that a person submit to a blood test in the absence of a warrant or a court order is a violation of a person’s fourth amendment rights against unreasonable search and seizure. A blood test, after all, is a very intimate and personal type of search. Based on this logic and on other arguments about the rights of defendants, around half of the states in the U.S. have prohibitions against warrantless blood tests in most DUI cases.

The Supreme Court began on Wednesday to consider arguments from both sides on whether the Missouri law is constitutional. As Boston.com reports, however, the Supreme Court appeared reluctant on Wednesday to OK blood tests with no warrants.

If the Supreme Court decides that such searchers are not permitted without warrants, this will provide more protection for defendants and could make things a little bit harder for plaintiffs.

Not having proof that a driver was actually intoxicated can make a criminal case harder. A person injured in a drunk driving accident can also have a more difficult time proving his case if he files a civil lawsuit since there will be an absence of evidence showing that the defendant was over the legal limit. However, even in cases when no warrantless blood test is performed, enough evidence may be collected against the drunk driver so that he is held accountable criminally and made to pay monetary damages to victims of an auto accident he causes.
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Everyone knows that drunk driving is risky behavior and that driving while intoxicated can lead to an auto accident. However, knowing of the dangers of drunk driving in the abstract is different than coming face-to-face with someone who has been the victim of a drunk driving crash or who has had his or her life shattered as a result of a drunk driver. This is why drunk driving accident victims and families of those killed by drunk drivers so often join the campaign as spokespeople against drunk driving.

One example of this is a Massachusetts’ mother who made a public plea to everyone out celebrating the New Year. As CBS Boston reported, the mother urged every partygoer on New Years to call a cab, use a designated driver, walk or do anything but drink and drive. Our Boston drunk driving accident attorneys urge everyone to listen to this mother’s plea not just on the New Years holiday but for all of 2013 and the future. We urge you to make a resolution not just to avoid drinking and driving over New Years but to make a lifetime commitment never to drink and drive.

Drunk Driving Changes Lives
The Massachusetts’ mother who came out urging all partygoers on New Years to avoid drinking and driving was able to speak first hand about the loss that a drunk driver can cause. Her son died at age 19 when he was walking home from work. He was struck by a drunk driver at Soldiers Field Road in Brighton- a split second that ended a promising young life and that changed his family forever.

Because of her grief and sadness over her son’s death, she has become an anti-drunk driving advocate and spoke out at a press conference with Massachusetts state police on the Friday before New Years. She cautioned that a drunk driving death ruins more than just the life of the deceased. The family and loved ones of the victim are affected, of course, but the driver and his family will also have to live forever with the knowledge that they caused a death. Drunk driving, therefore, is never worth the risk.

Drunk Driving Still Remains a Persistent Problem
Despite widespread publicity of the dangers of drunk driving and despite widespread knowledge of how risky the behavior is, drunk driving continues to be a problem. As CBS Boston reported, Massachusetts police arrested 4,800 drunk drivers in 2012 even before the New Years holiday, which tends to be a major drinking day. The 4,800 arrests are a full 1,000 more arrests than those that occurred in 2011. The increase in arrests was caused, in part, by increased law enforcement efforts and by programs putting more police on the roads, especially during times when people are most likely to drink such as New Years.

Unfortunately, law enforcement cannot be everywhere and they cannot find and arrest every drunk driver. This means that it is up to each individual to make the commitment not to drink and drive. Remember, when someone breaks that rule and chooses to drive drunk, the consequences can be tragic.
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With all of the holiday cheer, it’s easy to forget about the responsibility you have if you’re throwing a party at your home or work.

In Massachusetts, a party host, and even employers hosting holiday parties, can be held liable in cases where a guest is in an accident after consuming alcohol at an event.

Our Boston drunk driving accident attorneys understand that many of these accidents occur after a celebration at a bar, restaurant or private party. In these cases, hosts are held responsible in ensuring that guests are not over-served and those who are underage are not served at all. If any of this happens and an accident results, party hosts can be held responsible for vehicle repair costs, medical bills, wrongful death and lost-work wages.

Party Hosting Tips:

-Make sure that the designated drivers and the underage attendees have plenty of nonalcoholic beverages.

-Ask all of your guests to plan ahead and to designate a sober driver before the festivities kick off.

-After a couple of hours, stop serving alcohol beverages. This is especially important a few hours before your party ends.

-Look through your guest list before sending out invites. Make sure you know who is a responsible drinker.

-Consider hiring a bartender instead of allowing guests to serve themselves. This will help to have the alcohol consumption monitored.

-Make sure you’ve got Massachusetts cab company phone numbers handy!

-Allow intoxicated guests to sleep over at your house.

-Try to get guests to sign a Safe and Sober Pledge before partying. You want to make sure everyone has a plan before busting out the alcohol.

-Try to figure out some fun games or activities to do at your party. This will help to take the focus off of drinking.

-Stay alert and considerate of your guests. Remember you have responsibilities as a party host.

Dram Shop and Social Host Liability Laws in Massachusetts:

-Vendor liability for intoxicated adults: Yes.

-Vendor liability for intoxicated minors: Yes.

-Social host liability for intoxicated adults: No.

-Social host liability for intoxicated minors: Yes.

Under current liquor law, if a dram shop serves or sells to someone who is clearly intoxicated, they can be held liable if that person causes an accident — most commonly a drunk driving car accident. If you have fallen victim to these circumstances, you may be able to file a claim against the driver and the dram shop establishment or party host that served the alcohol. Hiring an experienced law firm is key in these incidents, as we can help to not only provide stern representation, but can also help to conduct a thorough investigation to establish liability in a dram shop claim.
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The National Transportation Safety Board recently declared that all convicted drunk drivers should be required to have ignition interlocks. They even included first-time offenders in this bunch, according to the Boston Globe.

As it stands now, these devices are required of all drunk driving offenders in 17 states. But in Massachusetts, first-time offenders are not required to use these devices unless ordered by a court. Many times, they’re not ordered for first-time offenders.

Our Boston drunk driving car accident lawyers understand that drunk driving crashes account for about a third of all roadway fatalities in the country. These devices have been proven in helping to stop drunk driving car accidents. How they work is a driver has to breathe into a breathalyzer in the vehicle before it can be started. Typically, if these devices gather a blood-alcohol concentration reading of .02 or .04 or higher then it won’t allow the engine to be started.

The National Transportation Safety Board is also trying to get automakers to develop a system that can figure out a driver blood alcohol concentration by using an infrared light. When the driver goes to hit the ignition button, it won’t start if they’ve been drinking too much. This device is still in the works though.

This technology is already in some workplace drug-testing programs. Officials believe that if it can be incorporated into new vehicles, then eventually all drivers would be tested before starting up the car and we could help to prevent the roughly 10,000 drunk driving fatalities that we see in the country every year!

The technologies hold ”great promise to be a game changer in highway safety,” said NTSB Chairman Deborah Hersman.

What does a driver have to do with an ignition interlock?

-Installation: A convicted driver has to contact an approved vendor and schedule a time for installation.

-Payment: There and installation fees along with maintenance feeds. Those are required to be paid by the driver.

-Maintenance: Every 30 days, the driver must visit with the vendor for a maintenance check and for a data upload.

-Usage: A driver is required to follow all of the rules and regulations that come with the ignition interlock. These devices cannot be tampered with in any way. If a driver is busted altering these devices, they could face even more charges in court.

In Massachusetts, there were close to 115 people killed accidents in which at least one driver was completely drunk in 2008. There were another 125 people who were killed in car accidents in which at least one driver was under the influence of alcohol. With close to 11,750 people arrested for DUI the year before, you’d think residents would learn. That’s not going to happen without ignition interlocks for more drivers.
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You better be careful out there!

Officials throughout the Commonwealth say they’re stepping up enforcement efforts of liquor laws in an attempt to stop drunk driving accidents over the holiday season. According to 22NEWS, the Alcoholic Beverages Control Commission will also be focusing its attention on bars and restaurants in the state to help to make sure they’re following the state’s laws against serving those who are too intoxicated or those who are underage.

Steven Grossman, the State Treasurer, says that it’s these kinds of enforcement efforts that help to prevent tragedies before they happen. According to recent statistics, about half of Massachusetts’ arrests for impaired driving involves someone who had been drinking at a bar. This holiday enforcement effort runs along with enforcement efforts from the National Highway Traffic Safety Administration (NHTSA) and is going on from Thanksgiving through New Year’s Eve.

Our Boston drunk driving injury lawyers are asking drivers to be safe out there over the holiday season and especially during weekends. During these times, about a third of all drivers who are involved in fatal accidents are under the influence of alcohol. The problem has gotten so bad that officials estimate that someone was killed in one of these accidents every 51 minutes in 2010. That’s more than 10,000 fatalities.

The holiday season is one of the worst, too! There’s a lot more traffic out there and there are a lot more celebrations and get-togethers. Unfortunately, there aren’t enough safe and responsible drivers as people continue to get behind the wheel after consuming alcohol.

Americans take close to 250 billion trips in cars each and every year. Of those trips, about one out of every 2,000 is taken by someone who is driving under the influence of alcohol. Still, about one out of every three traffic fatalities involves a drunk driver.

Alcohol-related car accidents cost the country close to $40 billion each year. And these are accidents that are entirely preventable!

To help you to stay safe, the Commonwealth of Massachusetts is here for some safe and sober driving tips:

-Do not get behind the wheel if you have consumed any amount of alcohol.

-Never allow any of your friends or your family members to drive after consuming alcohol.

-Plan ahead. Make sure you’ve got a designated driver before heading out.

-Remember that getting busted for driving under the influence can be costly! Officials estimate that a first-time drunk driving conviction can cost about $8,000.

-It’s not only alcohol that will impair your judgment. Medications can do so as well.

-If you think you spot and drunk driver on our roadways, report them by calling 9-1-1.

-Stay off your bicycle if you’ve been drinking, too!

-If you’re going to be throwing a party, make sure guests are sober before they leave.
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This November, Massachusetts’ voters approved a ballot measure that legalized marijuana for medical use.

The legalization of medical marijuana means that dispensaries can be opened throughout the state. In fact, up to 35 dispensaries can be opened. This has officials in many parts of Massachusetts worried about whether dispensaries will open in their area. NECN, for example, recently reported on the concerns that Worcester, Massachusetts leaders were expressing over whether a dispensary would open in their city.

As medical marijuana dispensaries open throughout the state, our Boston drunk driving accident lawyers urge Massachusetts residents to be aware of the new potential risks presented by legalized medical marijuana. One major concern is that more drivers will drive after having smoked marijuana since the drug is now legal for medical use.

How Medical Marijuana Dispensaries Will Impact Drugged Driving Laws
According to NECN, the primary concern for Worcester Massachusetts’ leaders is the lack of certainty about how new dispensaries will operate. City leaders are uncertain about who will be receiving medical marijuana and how it will be distributed. Officials are also concerned that the Massachusetts laws on medical marijuana conflict with the federal marijuana laws. This fact compounds the uncertainty about how law enforcement will interact with the dispensaries and with those who have a prescription for medical marijuana.

Since marijuana has been approved for medical purposes, city leaders believe that it should be dispensed to individuals who have a prescription from a doctor. The problem, however, is that doctors have not been trained on exactly how and when to prescribe marijuana since it has not been legal in Massachusetts for medicinal use. Further, the role of law enforcement is not clear–will law enforcement be enforcing the law to make sure that marijuana is used only for medicinal reasons and how will they be enforcing this? These questions are among those being raised.

Some of the most important questions, however, will revolve around how the legalization of medical marijuana will impact the number of drug-related car accidents. Drugged driving is illegal, but as we discussed in our blog Drugged Driving Presents Increasing Concern For Law Enforcement, enforcing drugged driving laws is difficult because of the lack of testing for drugged drivers and the lack of clear standards for when a driver is over-the-limit as far as drug use.

Protecting Yourself From Drugged Drivers
Until clear standards are in place for how medical marijuana will be regulated and how law enforcement will enforce drugged driving laws, residents of Massachusetts need to be cautious of the potential dangers raised by medical marijuana.

Of course, every driver should make a commitment to refrain from driving after smoking or consuming any marijuana products in order to avoid the risk of causing an accident. Drivers should also be aware that there is an increased chance of drivers on the road being impaired by drugs — especially in areas near marijuana dispensaries. Keeping track of where and when dispensaries open and being vigilant for signs of erratic driving behavior on the road are both ways that you can protect yourself from becoming involved in a drugged driving accident.
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Drugged driving has become a major concern for law enforcement, especially in light of the new medical marijuana law passed in Massachusetts in the November 2012 election.

Drugged driving may be just as dangerous as drunk driving and some studies suggest that drugged driving may already be more common than drunk driving. Compounding the problem is the fact that there are no clear tests for when a person is too high to drive, so people may be more likely to get behind the wheel after smoking marijuana or indulging in other drug use.

Our Boston drunk driving accident lawyers are concerned that the legalization of marijuana will add to the number of drugged drivers on the road, increasing the accident risk. This means more innocent victims could be harmed as a result of drivers who are too impaired to drive safely.

The Dangers of Drugged Driving
Recently, the California Office of Traffic Safety conducted a study of more than 1,300 drivers. These drivers, who lived in various cities throughout California, were voluntarily tested anonymously over the course of several weekends. The testing revealed that approximately 7 percent of the studied drivers tested positive for alcohol while 14 percent tested positive for having drugs in their system. In other words, there were twice as many drivers who were potentially impaired by drugs as there were drivers impaired by alcohol.

When a driver is on drugs, his reflexes can be slowed and he may be unable to focus or pay attention. The amount of brain activity that is devoted to driving can be significantly reduced. Marijuana, while classified as neither a depressant nor a stimulant, can make drivers feel calm and laid back and can reduce their ability to respond to driving situations. This makes an accident more likely, which is why impaired driving laws or OUI laws in Massachusetts forbid not only driving under the influence of alcohol but also driving while on drugs.

Unfortunately, there is no clear test to determine exactly when a driver is too high to drive. With alcohol, it is clear that a driver who has a BAC of .08 or higher is too impaired to be behind the wheel. Most people are aware that it takes only a few drinks to get to this level and many are discouraged from drunk driving because they know of the dangers and of the legal risks they take when driving with a high BAC. With marijuana, however, it is difficult to determine when a person has too much of the drug in their system. Complicating matters further is the fact that THC, the active drug ingredient in marijuana, can stay in the body for days or weeks after a person has taken the drug- so a person testing positive for marijuana in his or her blood may not even be high at the time he or she is driving.

The confusion surrounding drugged driving is likely to only become worse now that Massachusetts approved a ballot legalizing medical marijuana. Since the drug is now legal for medicinal use, having small amounts of THC in the body might not be automatically be considered against the law- and thus it becomes unclear how to treat a driver pulled over with a bit of THC in his system.

The high number of people who drive while impaired by drugs, coupled with the difficulty of enforcing drugged driving laws and the new legalization of medical marijuana all present major risks to drivers. The bottom line is, if a drugged driver causes an auto accident, serious injury could result to innocent victims.
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This month, a family in North Carolina was awarded a $1.7 million verdict after a drunk driving accident caused the couple to suffer serious injuries and to lose their unborn child.

The verdict was not against the drunk driver who had caused the devastating accident but was instead against the restaurant bar that had served more than 10 drinks to the defendant prior to the crash. According to USA Today, the bar was held responsible for the accident and resulting injuries under North Carolina’s dram shop laws.

Many states throughout the U.S. have similar laws in place and these dram shop laws serve an important purpose in protecting the public. Our Boston dram shop lawyers want to draw attention to the dram shop laws that exist in the Commonwealth and to explain the impact these dram shop laws can have on your legal rights if you are the victim of a drunk driving accident.

Understanding Dram Shop Laws
In Massachusetts, the dram shop laws are found in Title XX, Chapter 138, Section 69 of the Administration of the Government. The law prohibits selling or delivering alcohol beverages to an intoxicated person on any premises.

If a bar, restaurant or other host serving alcohol provides a drink to someone who is intoxicated, the bar can become responsible if the intoxicated person causes an accident. Essentially, this makes the bar or host responsible for the actions of its patrons if they serve those patrons when they are drunk.

For those who are injured in a crash, the Massachusetts’ dram shop laws are very important. Drunk drivers can be held liable for paying for the cost of your injuries in a personal injury case, but they may not have sufficient funds to pay the entire cost of your damages, especially when factoring in medical costs, lost wages, pain and suffering, emotional distress or loss of companionship in the event of a death. If you are able to take legal action against a bar or restaurant that serves the intoxicated patron, this provides another potential source of recovery as most businesses have general liability insurance policies in excess of $1 million.

The Controversy Surrounding Dram Shop Laws
Dram shop laws can impose significant legal liability on a bar or restaurant, as the recent large verdict in North Carolina shows. As a result, some criticize dram shop laws by claiming they are too vague or that they don’t encourage personal responsibility. After all, it may be hard to determine when a person is too intoxicated to serve and it ultimately should be the responsibility of the drunk patron to know when he has had enough to drink.

Despite the controversy, however, dram shop laws serve a very important purpose and could potentially save lives. If a bartender, server, bar or club takes responsibility and stops someone from drinking when he might not be aware of how drunk he is, this could potentially save a life. Drunk driving is so dangerous and the potential costs so high, that bars or restaurants who are in a position to potentially stop a drunk driver should be held accountable if they fail to do so.
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