Sonntag discusses consequences of driving impaired

The month of December serves as not only the time of holiday festivities but also National Drunk and Drugged Driving Prevention Month.

Sidney attorney, Thomas Sonntag said that the consequences of driving under the influence of any alcohol or drug could be devastating as well as legally impacting.

According to Nebraska Office of Highway Safety statistics in 2011 there were 12,034 DWI arrests, 1,822 alcohol-related crashes, 1,185 alcohol-related injuries and 51 alcohol-related deaths in the state of Nebraska.

Statistics from the National Highway Traffic Safety Administration, NHTSA, show that an alcohol-impaired driver is involved in almost 30 deaths from motor vehicles crashes every day in the United States. When calculated, this totals to one death every 48 minutes.

According to NHTSA the total cost annually of alcohol-related crashes is more than $51 billion.

Sonntag said that when it comes to the law there is basically two consequences that come from being caught driving alcohol or drug-impaired.

“Law enforcement has two options and generally in this area they exercise both of them,” Sonntag said.

Sonntag said that one option is an “administrative remedy”, while the other is “a trip through the criminal justice system.”

The administrative remedy can consist of taking away the driver’s license and getting an intoxication detecting device, or ignition interlock device, installed in the driver’s car, Sonntag said.

Sonntag said that the law regarding taking someone’s drivers license has been changed and went into effect on January of 2012. Now it is up to the person who was arrested to contest the accusation.

“It is up to the person to make the application to the Department of Motor Vehicles for a hearing, which is done over the telephone most of the time,” Sonntag said.

Sonntag said that using an attorney is optional but the defendant must convince the jury that they were not intoxicated or under the influence of any drugs during the time of the arrest, which is a pretty hard thing to do.

Depending on how many times you have been caught, you can get your work permit privileges taken from you, Sonntag said.

The work permit extraction could last up to a year, he said.

Also there is the chance that an alcohol detection device will be placed in the driver’s car.

“The devices are pretty sophisticated now and are pretty hard to fool. They are pretty much tailored to the individual so that you can’t have your sober friends come in and start your car for you,” Sonntag said.

The longevity of these consequences depends on a couple factors, Sonntag said.

“You have to submit to a test if the officers think they have a good reason for stopping you. If they ask you to take a test of your blood, breath or urine you have to submit to the test,” Sonntag said.

Sonntag said that if a driver fails to comply, their license could be suspended for a year. Otherwise it is pulled from them for up to 90 days for being caught driving under the influence for the first time. Getting caught a second time could also extend that to a year.

“When you think about it, in this part of the country that is a pretty serious consequence because it’s pretty hard to get from here to there without a vehicle,” Sonntag said.

The second round of consequences Sonntag noted was the journey through the criminal justice system.

The offender goes through the court system and is usually charged with a criminal act, Sonntag said.

“There is a possibility of jail sentences. For the first offence you could get up to 30 days in jail. However in our county that rarely happens the first time,” Sonntag said.

Sonntag said that the more times a driver is caught the more harsh the consequences become.

“By the time you get to the third or fourth time you’re looking at going to the penitentiary for sometimes a substantial period of time,” Sonntag said.

Criminal consequences also depend on the driver’s blood alcohol level.

“The law says if you are over .08 you are in violation of the law. If you go over .15 the consequences are more severe,” Sonntag said.

Sonntag also said that with everything being computerized today it’s harder for law violators to erase their past.

“We use to be asked by people who broke the law and got convicted after they completed their legal duties if they could get their records sealed so that nobody could get at them,” Sonntag said.

“It’s not just a paper-trail anymore,” Sonntag said.

Though drivers can still request that their paper-trail be closed, the information is still in the computers, Sonntag said.

Sonntag also said that Nebraska is a compact state. This means that if you are from another state and get caught in Nebraska the Department of Motor Vehicles will also send that information to the driver’s home state.

“Not only will you pay your price here in Nebraska, but you will be also hearing from your Department of Motor Vehicles where you live. Consequences can go across state lines,” Sonntag said.

“I think that the days of patting you on the head and taking you home and tucking you in bed are over and have been for quite awhile,” Sonntag said.

The same statutes are in place for getting caught driving under the influence of drugs, Sonntag said, and the penalties are the same.

The only difference is it is harder to detect drugs on a driver as compared to their blood alcohol content, Sonntag said.