You & the Drinking Driving
Laws
The Story of Sean Carter
Why do we having Drinking and Driving Laws?
The following story will tell you why!
DWI LAWS
Albany Criminal Defense Attorney Thomas Carr
discusses DWI Consequences (2:55)
You and the Drinking Driving Laws
Google Classroom
Step 1: Read the “You & The Drinking Driving Laws”
PDF.
Step 2: Complete the “You & The Drinking Driving
Laws” worksheet.
You And The
Drinking Driving Laws
WHY ARE PENALTIES FOR DRINKING
AND DRIVING SO STRICT?
Q
Drinking and driving is a hazardous
combination.
A
One third of the fatalities in New York
State involve impaired or intoxicated
drivers and pedestrians.
With increased Blood Alcohol Content
(BAC), crash risk increases sharply.
A driver with a BAC of 0.08 is four times
more likely to cause a crash as a driver
who has not been drinking, while a
driver with a BAC of 0.16 is 25 times
more likely to do so.
No one should consume alcohol and drive.
Everyones safe driving ability deteriorates after
drinking. Some people, especially young drivers,
lose their driving skills even more quickly. This is
why New York State law makes it illegal for any
driver or passenger to possess an alcoholic beverage with intent to consume. This is commonly
called the open container law. It is also illegal to
purchase an alcoholic beverage if you are under 21
years old.
Q
A
The only way to reduce your BAC after
drinking is to wait for your body to metabolize (eliminate) the alcohol and that
takes several hours. Your body metabolizes
about one drink each hour. Coffee will not
sober you up. Neither will a walk or cold
shower. They may make you feel more
awake but you will be just as impaired,
and it will be just as dangerous for you
to drive.
Q
WHAT SHOULD I DO IF I DRINK
TOO MUCH?
A
Find someone who has not been drinking
to drive your car or give you a ride home,
or call for a taxi.
Q
HOW CAN I AVOID RIDING WITH A
DRIVER WHOS BEEN DRINKING?
A
You have a right and a responsibility to say
No! Think of other ways of getting home
Young drinking drivers are at the highest
risk of all. Drivers 20 years old or younger
are almost three times more likely to be
involved in alcohol related fatal crashes
than other drivers.
HOW MUCH CAN I DRINK BEFORE IT
AFFECTS MY DRIVING ABILITY?
Q
A
ny amount of drinking will affect your
A
judgment and coordination, and reduce
your ability to judge distances, speeds and
angles. The degree of impairment depends
on four basic factors:
1. The amount you drink.
2. Whether youve eaten before or
while drinking (food slows absorption).
WHAT IS THE QUICKEST WAY TO
SOBER UP?
3. Your body weight.
4. The length of time spent drinking.
New York State Department of Motor Vehicles
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Yo u A n d T h e D r i n k i n g D r i v i n g L a w s
for BOTH of you. Dont feel embarrassed
or afraid to call your home for help. Or call
a friend, or a taxi. Your life may be at stake.
Your chances of being involved in a fatal
collision are many times greater if you ride
with a driver who has been drinking.
Q
HAT ARE THE CHANCES OF BEING
W
CAUGHT IF I DRIVE AFTER DRINKING
ALCOHOL?
A
Greater than ever before. Drinking driving enforcement and prosecution are more
effective as a result of New York States
STOP-DWI law. The law returns drinking
driving fines to counties that use the money
to operate programs for drinking driving
enforcement, prosecution, adjudication,
and education. Every county in New York
State has a STOP-DWI program. This
results in more police with better equipment on the roads looking for drinking
or impaired drivers, more district
attorneys prosecuting them, and more
judges hearing drinking driving cases.
Q
HAT IS BLOOD ALCOHOL CONTENT
W
(BAC)?
A
BAC (Blood Alcohol Content) is a measure
of the concentration of alcohol in a persons
blood. It is the best predictor of the likelihood of crash involvement.
Q
RE LICENSE PENALTIES THE SAME
A
FOR ALL AGE GROUPS?
A
No. If you are under 21, your driver license
will be revoked for one year if you are
convicted of DWI or DWAI that occurred
in New York State, or in any other state or
a province of Canada. If you are found to
have refused to take a chemical test in
New York State, even if not convicted of
DWI or DWAI, your license will be
revoked for one year.
If you commit a second such offense while
you are under 21, your license will be
revoked for at least one year or until you
are 21, whichever is longer.
WHAT WILL HAPPEN TO ME IF I AM
STOPPED BY THE POLICE?
If you enroll in the Drinking Driver
Program (DDP) and receive a conditional
license, your license will remain in conditional status for the original full period
of revocation.
Q
A
If you are stopped by a police officer who
believes you are under the influence of
alcohol or drugs, you may be required
to take a field sobriety test which may
include a breath-screening test for the presence of alcohol. If you are arrested, you will
be asked to take a chemical test for BAC.
You may also be fingerprinted.
Driving While Intoxicated (DWI) is a crime.
If you are convicted, you will face a substantial fine, a mandatory surcharge, license
revocation, higher insurance premiums,
and a possible jail sentence.
New York State Department of Motor Vehicles
Your driver license or privilege of applying
for a license will also be suspended if you
are found gulity of using a New York State
Driver License or Non-Driver Identification
Card as proof of age to illegally purchase
alcoholic beverages.
NOTE: Motorboat and snowmobile operators
under 21 years old who drink alcohol are subject
to similar penalties and sanctions against their
motorboat or snowmobile operating privileges.
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Yo u A n d T h e D r i n k i n g D r i v i n g L a w s
5
1. Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.
2. Minimum 5 days jail or 30 days community service if within 5 years of first offense.
3. Minimum 10 days jail or 60 days community service if within 5 years of prior offense.
4. The Department of Motor Vehicles determines when your license can be returned or reinstated, based on state law or regulation.
5. If prior conviction is aggravated DWI, revocation is 18-months or until age 21, whichever is longer.
New York State Department of Motor Vehicles
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Yo u A n d T h e D r i n k i n g D r i v i n g L a w s
WHAT ABOUT COMMERCIAL
DRIVERS?
Q
Q
I S IT POSSIBLE TO PLEA BARGAIN
TO AVOID A CONVICTION FOR
DRINKING AND DRIVING?
A
No, the law generally prohibits a plea to a
non-alcohol or drug-related violation.
A
Compared to other drivers, every driver
holding a Commercial Driver License
(Class A, B, or C) is held to stricter Blood
Alcohol Content (BAC) standards, and
faces tougher penalties, while operating a
vehicle that requires a CDL license.
A single conviction for DWI, DWAI, or
having a .04 percent or higher BAC requires a minimum 1-year revocation of
the drivers license (3 years, if driving a
vehicle that requires hazardous materials placards). A second conviction within
the drivers lifetime results in permanent
revocation, with a possible waiver after 10
years. A third conviction results in a permanent revocation without any possibility
of ever getting it back. Drivers who hold
a commercial license should review the
Commercial Drivers Manual (CDL-10),
available at motor vehicle offices, for additional information about penalties that
apply to them.
Q
HAT IS THE ZERO TOLERANCE
W
LAW?
A
This law makes it illegal for a driver under
age 21 to have consumed any alcohol. A police officer may temporarily detain you to
request or administer a chemical test to determine your Blood Alcohol Content (BAC).
If your BAC is .02 to .07 percent, you will
be notified to appear at a DMV hearing. If
the judges finding supports the charge, the
penalty is a 6-month license suspension, a
$125 civil penalty, and a $100 suspension
termination fee. Each additional offense
will result in your license being revoked for
Q
WHAT WILL HAPPEN IF I REFUSE TO
TAKE THE CHEMICAL TEST?
A
If you you refuse a chemical test for BAC
(Blood Alcohol Content), your license will
be suspended at arraignment in court, and
revoked for at least one year (second offense, 18 months) at a Department of Motor
Vehicles hearing. You will also be subject
to a civil penalty of $500 (second offense,
$750). A driver under 21 years old who refuses to take a chemical test under the Zero
Tolerance Law is subject to a 1-year license
revocation and a $125 civil penalty. The
penalties and fines for refusing to submit
to a chemical test are separate from, and
in addition to, the penalties and fines for
alcohol or drug-related convictions.
New York State Department of Motor Vehicles
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Yo u A n d T h e D r i n k i n g D r i v i n g L a w s
at least one year or until age 21, whichever
is longer, plus a $125 civil penalty, and a
$100 license re-application fee.
NOTE: If your BAC is .05 percent or greater, the police
may charge you with driving while ability impaired
(DWAI) or driving while intoxicated (DWI), and may
prosecute your arrest in criminal court.
WHAT IS THE IGNITION INTERLOCK
PROGRAM?
Q
A
Any driver convicted of misdemeanor or
felony drunk driving charges — even firsttime offenders — are required to install and
maintain ignition interlock devices at their
own expense on any vehicles they own or
operate for a minimum of six months. For
an Aggravated-DWI offense or any repeat
alcohol or drug offense within five years,
a judge is required to order the system
installed on each vehicle owned or operated by the motorist during both the revocation period and any probation period
that follows. The judge also must order an
alcohol assessment for the repeat offender.
The device, purchased and installed at the
expense of the motorist, is connected to
a motor vehicle ignition system and
measures the alcohol content of the operators breath. As a result, the vehicle cannot be started until the driver provides
an acceptable sample breath. While using
the interlock device, the motorist may be
eligible to hold a conditional license. This
license will be revoked if the motorist fails
to comply with the courts terms, or for
conviction of any traffic offense other than
parking, stopping or standing.
New York State Department of Motor Vehicles
LICENSE PENALTIES
In addition to the imposed fine following conviction, most motorists must also pay a mandatory
surcharge and a mandatory fee for assistance to
crime victims. Not including the fine, the additional required surcharge and fee, combined, may
reach hundreds of dollars or more.
DRIVER RESPONSIBILITY ASSESSMENTS
For each of the next three years, you will also
have to pay a Driver Responsibility Assessment
for certain violations that result in a conviction or
administrative finding. Your learner permit, driver
license, or driving privileges will be suspended if
you do not make these payments.
Any driver convicted of misdemeanor or felony
drunk driving charges — even first-time offenders — are required to install and maintain ignition
interlock devices at their own expense on any
vehicles they own or operate for a minimum of six
months. The judge also must order an alcohol
assessment for certain repeat offenders.
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Yo u A n d T h e D r i n k i n g D r i v i n g L a w s
CONVICTIONS FOR CAUSING DEATH
OR INJURY
You can be convicted of vehicular manslaughter or vehicular assault if you are found guilty of
an alcohol- or drug-related driving violation that
causes death or injury.
In addition to driver license revocation, each
conviction is a felony punishable by imprisonment and fines under New York State Penal Law.
Increased penalties are required if you have been
convicted of an alcohol- or drug-related driving
violation that occurred within the previous
10 years.
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
Andrew M. Cuomo, Governor
New York State Department of Motor Vehicles
C-39 10/10
Page 6
You and the Drinking Driving Laws
Directions: Answer the following questions based on the
New York State Department of Motor Vehicles pamphlet; You
and the Drinking Driving Laws. Only complete sentences
will be accepted, unless otherwise stated.
1.
Name 3 reasons the penalties for drinking and driving are so high.
2. List the four factors that determine the degree of impairment for a
person.
3.
What is the quickest way to sober up.
Name one common myth?
4.
Describe the STOP-DWI Law.
5.
Explain how license penalties are different for different age groups.
6. If a person over age 21 is convicted of DWI, what are the fines and
jail sentence?
7. Explain the difference between DWI and DWAI (NOT just what the acronym
stands for).
8.
What happens if someone refuses a chemical test?
9.
Explain the Zero Tolerance Law.
10.
Describe the ignition interlock program.
11.
What are the convictions for causing death or injury?
The Dark
Side of the
Sun
1.
2.
3.
Student Objectives
Students will analyze the role of individual responsibility for
preventing skin cancer by taking personal risk assessment
questionnaire and comparing the results to healthy sun exposure
behaviors.
Define key vocabulary terms related to skin cancer and sun safety.
Develop the skills involved in early detection of skin cancer by
regularly and correctly performing self-exams, recognizing skin
cancer symptoms, and getting regular checkups.
Sun Safety Personal Assessment
DIRECTIONS: For each of the 11
questions on the following
slides, answer YES or NO in
your notebook for each
question.
(you will have 15 seconds to answer each question)
Question 1
Do I frequently work or play in
the sun between the hours of
10:00am and 4:00pm without
wearing a hat?
Question 2
Do I frequently work
or play in the sun
between the hours
of 10:00am and
4:00pm without
wearing protective
clothing?
Question 3
Do I frequently work or
play in the sun between
the hours of 10:00am and
4:00pm without wearing
sunglasses?
Question 4
Do I frequently work or
play in the sun between
the hours of 10:00am
and 4:00pm without
using sunscreen with an
SPF (sun protective
factor) of 30 or more?
Question 5
Do I use, or have I used in
the past, sun lamps or
tanning booths?
Question 6
Do I have red, blonde, or
light brown hair and a fair
complexion that burns
easily?
Question 7
When I am exposed to
one hour of summer sun,
do I burn, and sometimes
blister?
Question 8
Do I have blue, green, or
hazel eyes?
Question 9
Have I
experienced
severe,
blistering
sunburns
before the age
of 18?
Question 10
Do I have any family
members who have had
skin cancer or a history of
melanoma?
Question 11
Has it been more than six
months since I performed a
skin self-exam by thoroughly
checking my skin for changes
in warts or moles?
Evaluating Your Risk
? Your total number of YES answers corresponds
directly with your potential risk for developing skin
cancer in the future.
? The higher the number, the higher the risk.
? It is important to remember that regardless of your
age or the color of your hair, eyes, or skin, ANYONE
can develop skin cancer.
? Making healthy choices now can reduce your risk of
developing skin cancer in the future.
What are some current attitudes, positive
behaviors, and resources that already
help you practice sun safety?
Pterygium is a growth of
fleshy tissue that may start
as a pinguecula. It can
remain small or grow large
enough to cover part of the
cornea. When this happens,
it can affect your vision
DVD
What is Skin Cancer?
Skin cancer is the most common of all cancers. More
than one million cases of skin cancer occur in the United
States each year. There are three types of skin cancer.
? Basal Cell Carcinoma- most common, easy to detect
and treat
? Squamous Cell Carcinoma- 2nd most common, more
likely to spread under skin
? Melanoma- least common, but most lethal form of
skin cancer
What is a carcinogen?
? A cancer-causing organism
ABCDE- Warning Signs
Tracking
UV
Assignment
Key
Tracking UV
Wear Sunglasses
Use sunscreen
SPF 30
Wear a hat
Stay in the shade
UV Index Chart
UV Index
Try to stay out of the
sun at midday
0-2
3-4
5-6
7-9
10+
very low
low
medium
high
very high
SPF 15
SPF 15
SPF 15
SPF 30
SPF 45
60
45
30
15-24
10 or less
How to
Protect
yourself
Minutes to Burn*
*Minutes to burn with no sunscreen use based on fair skin that sometimes tans but usually burns.
DIRECTIONS
Choose a city in the world. Use the Internet to find the citys elevation (height above sea level)
and the forecast. Use accuweather.com to find weather information.
1. My City:
2. My citys elevation: ___________________ feet above sea level.
3. Look at a weather report for the city you chose. In the chart below, record your citys
high temperature, weather, and UV index for 7 days.
7-Day Forecast
My City:
DATE
High Temperature
Weather
UV Index
4. Look over your data. Does temperature seem to change the UV index?
How do you know?
5. Do clouds or rain seem to change the UV index?
6. Write a sun-safety alert for your city, in the box below. Just select the box and then the
edit button. Tell people in your city what weather to expect for the next week. Describe
what they can do to protect themselves from the sun. Warn them how long it will take to
burn if they dont follow your advice!
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