Drunk Driving Statistics & What You Need to Know Before You Travel This Thanksgiving

The Christmas and Holiday Season begins next week with Thanksgiving; the most traveled Holiday of the year.  There will be more people on the road or in the air during Thanksgiving than practically any other day of the year!  There will also be an increased police presence in Pennsylvania and New Jersey where our law firm represents person charged with crimes and offenses  

Our criminal defense law firm wishes you and your family a Happy Thanksgiving but please enjoy it responsibly!  If you do plan on getting on the roads this year, here are some important statistics about drunk driving. 

Pennsylvania & New Jersey Drunk Driving Statistics

Drunk driving is one of the leading causes of traffic deaths in America, with drunk drivers causing 32 deaths a day according to the United States Department of Transportation. In 2023, there were 10,511 deaths attributed to drunk driving, which is about 28 to 30 people per day. This is roughly 28% of all driving fatalities.   

• 980 people who died were under the age of 21 
• 70% of drunk driving fatalities involved a driver with a blood alcohol content (BAC) over 0.15 
• 84% of drivers in fatal crashes who were alcohol-impaired had a BAC at or above 0.08 g/dL 
• 55% of drivers in fatal crashes who were alcohol-impaired had a BAC at or above 0.15 g/d

How Alcohol Affects Driving

Alcohol reduces brain function and impair thinking, rational thought, and hand-eye coordination — all critical functions to operate a car or vehicle. 

The process of intoxication occurs when alcohol levels increase in a person’s body. Alcohol gets absorbed by the stomach and small intestine, passes into the bloodstream, and raises a person’s blood alcohol level (also known as blood alcohol concentration or BAC). The risk of a crash increases significantly once a person’s BAC is 0.08 grams of alcohol per deciliter or greater.

If you are stopped by police this Thanksgiving or during the holiday season, I recommend doing the following:

• DO NOT refuse a breathalyzer or blood test.
  • While the United States Supreme Court case of Birchfield v. North Dakota has called into question the admissibility of blood evidence without a subpoena, I do not recommend refusing a blood draw or breathalyzer. Remember the Birchfield decision does not affect the breathalyzer and if you refuse a blood test, New Jersey and Pennsylvania can and will suspend your driver’s license as the result of a criminal prosecution is irrelevant.
  • Submitting to a chemical test after an arrest for DUI still allows your attorney to contest the admissibility of that evidence through a Motion to Suppress Evidence. This means that if the blood or breath test was taken against your Constitutional Right under the Fourth Amendment to the United States Constitution or the applicable Pennsylvania or New Jersey sections (Article 1, Section 8 and Article 1, Paragraph 7), a judge will not permit the prosecution (DA) to use the evidence against you at trial.

• DO NOT consent to the search of your car or property
  • Every person has a right against illegal search and seizure pursuant to the Pennsylvania, New Jersey, and United States Constitutions. This is one of the strongest rights that anyone possesses and consenting to a search will never help your criminal case. When a person consents to a search they waive all constitutional rights and so an attorney cannot argue at a motion to suppress the infringement on these rights.

• DO NOT argue with police
  • Arguing with police will never help your criminal case and if anything will make it worse. There are additional criminal charges which a prosecutor can bring for resisting arrest, disorderly conduct, and none of this will help your case. Not arguing with police does not mean consenting to a search or volunteering information to the officer. It’s important to remain silent, stay calm, and be polite to the officer. Please don’t make the mistake of believing any officer or member of law enforcement who claims to “go easy on you” if you simply cooperate. This is an inaccurate statement and a police officer simply has no control over how a criminal case proceeds and if certain charges are brought against an individual. 
  •  
• DO NOT consume prescription drugs or any drug if you plan on driving in Pennsylvania or New Jersey
  • Most people believe that DUI/DWI is limited to driving under the influence of alcohol or illegal drugs. It’s important to keep in mind that these criminal offenses focus on impairment and not the substance which caused that impairment. This means that if you ingest a drug which impairs your ability to operate a motor vehicle safely, you are guilty of DUI/DWI in New Jersey and Pennsylvania  

Our law firm wishes you and your family a Happy Holiday Season!

For more information on how we can assist you, a friend, or family member, please contact our office and visit our free download section for more information.

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