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Drunk Driving Can Dry Up the Holiday Spirit

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<i> Michael R. Capizzi is the Orange County district attorney. </i>

Do you ever play “What if . . .?”

For many of us, the year-end holiday season is the happiest, busiest and most festive time of the year.

But what happens when an occasion for joy becomes an anniversary of tragedy or misfortune? How does the human spirit blend celebration with regret?

Each year, unfortunately, many of our fellow celebrants confront this problem when their festivities become marred by an arrest for driving under the influence--or worse, by the injury or death of a friend or loved one in a DUI-related accident.

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California records about 2,500 deaths from DUI crashes every year; another 65,000 people suffer serious injuries. In Orange County, about 22,000 impaired drivers were arrested in 1990. A disproportionate percentage of these somber statistics are attributable to the period between Christmas Eve and New Year’s Day.

Although statistics communicate measurement, they are a poor messenger of the realities of what they measure. Full appreciation of the meaning of any statistical incident comes only with experiencing the event. So if you have had the unpleasant experience of being arrested and prosecuted for driving under the influence, or if you have been personally affected by a DUI fatality or injury, you are painfully aware of the human dimensions of these statistics. If you haven’t, you can appreciate a little of the DUI problem by reflecting for a few moments on how it might feel to be responsible for adding to the statistics. Simply play “What if . . . ?”

What if you’ve had too much to drink, or you’re high on drugs, and you decide to drive anyway? How will you feel when you see the red and blue lights in your rear-view mirror? What will happen after you pull to the side of the road, wishing you had made different decisions?

In full view of passing motorists and pedestrians, you’ll be ordered out of your car by an officer who will ask you to perform field balance tests. If you’re arrested, your car may be towed and impounded; you will be handcuffed, searched and driven to the police station in the caged rear seat of a police car. After you fail to complete or pass a breath test, the officer will take your driver’s license for surrender to the Department of Motor Vehicles, and you will be on your way to jail.

You will be fingerprinted, photographed and kept in custody until released on bail or until you promise in writing to appear in court. Perhaps a friend or family member will come to the jail to pick you up. You’ll be embarrassed and ashamed.

But this is only the beginning. You will retain an attorney, whose fee will be $1,500 or more. You will take time off from work to make at least two or three court appearances. If this is your first offense, your fines and costs on conviction could total nearly $1,600; you will be placed on probation for three years; your license will be suspended or restricted; you will spend at least 30 hours in a drug and alcohol program; and you will be warned that repeat offenses can bring mandatory jail terms, license revocation and forfeiture of your vehicle. Your auto insurance rates will be sharply increased, and your policy may be cancelled or not renewed.

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What if your driving resulted in injury to others or property damage? The costs and penalties become more severe; you may find yourself facing felony charges in criminal court and costly lawsuits in civil court.

What if someone dies as the result of your driving under the influence? You could spend years in prison, convicted of manslaughter or even second-degree murder. And you could spend the rest of your life marking a painful anniversary while others around you celebrate a joyous holiday season.

But what if you took steps now, before your judgment becomes chemically impaired, to be sure that you avoid these DUI risks? Designate a non-drinking driver. Use public transportation. Set limits on your consumption. And insist that your companions do likewise.

In recent years, DUI fatalities in Orange County have decreased. This partial success is a credit to law enforcement personnel, prosecutors and judges who diligently apply our stricter DUI laws, and to the efforts of such organizations as Mothers Against Drunk Driving and Students Against Driving Drunk.

It is also a reflection of increased public awareness and intolerance of the threat to public safety posed by impaired drivers. By doing a good job, Orange County motorists have reduced fatalities by an impressive 26% in two years.

What if we did even better?

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