SECTION 5.1
Perhaps the single most dangerous driving practice is driving while under the influence of alcohol and/or drugs. Defensive driving techniques and knowledge of the rules of the road simply cannot compensate for the serious impairment of driving while under the influence.

Impaired drivers endanger themselves and others, and they risk severe legal and financial consequences. Sober driving is among the most important factors of safe driving.

Alcohol and Driving

Everybody has probably heard the old slogan "Alcohol and Driving Don’t Mix."

This statement is sadly and painfully true. To avoid this hazard, you should never drive a vehicle or operate a vessel after drinking alcohol.  Drinking and driving is dangerous because drinking or using drugs can substantially impair your judgment and reactions.

It has been shown by studies of crashes that the higher a driver's intoxication level, the more severe was their crash.

According to the National Highway Traffic Safety Administration (NHTSA) -- Traffic Safety Facts 2000:

Alcohol was involved in 40% of fatal crashes and in 8% of all crashes in 2000.
The 16,653 fatalities in alcohol-related crashes during 2000 represent an average of one alcohol-related fatality every 32 minutes.
An estimated 310,000 persons were injured in crashes where police reported that alcohol was present -- an average of one person injured approximately every 2 minutes.
Approximately 1.5 million drivers were arrested in 1999 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 121 licensed drivers in the United States (2000 data not yet available).
About 3 in every 10 Americans will be involved in an alcohol-related crash at some time in their lives.

The highest intoxication rates in fatal crashes in 2000 were recorded for drivers 21-24 years old (27%), followed by ages 25-34 (24%) and 35-44 (22%).

Intoxication rates for drivers in fatal crashes in 2000 were highest for motorcycle operators. (27%)

Almost 33% of all pedestrians 16 years of age or older killed in traffic crashes in 2000 were intoxicated.

In California, out of 3,753 people killed in crashes in 2000 -- 1,401 (37 %) were drinking alcohol.

Not only driving a car while intoxicated is illegal upon highways. It's also unlawful to ride a bicycle, or a motorized scooter, under the influence of alcohol and/or drugs. Any person arrested for a violation of this section must submit to a chemical test of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood. If convicted, a bicycle or motorized scooter rider may be fined up to $250. The arresting officer has to give such persons a 10 days' notice to appear in court.

Zero Tolerance Law

Drunk driving laws are more strict for drivers under the age of 21. The law requires a person under the age of 21 to take a Preliminary Alcohol Screening (PAS) test if a peace officer believes the person has been drinking. This test is administered at the scene using a hand-held PAS device.

If a person under the age of 21 has BAC 0.01% or higher, or the person refuses to take or fails to complete a PAS, the DMV will suspend the person's driving privileges for one year.

Persons between the ages of 18 and 21, if convicted of a first violation of DUI, are required to complete the educational component of the DUI program. Completion of the entire DUI program is required in the event of a second conviction. Further, the DMV may not reinstate the driver's license until it receives proof of program completion.

If there is no PAS device available, the person can choose between a blood or breath test to determine the BAC level.  If his/her BAC is 0.05% or more, in addition to license suspension, driver may be arrested for driving under the influence.

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