Memorial for
Laurie Lee Tavares
(August 6,1975-November 27,2003)

Laurie Lee Tavares was born on August 6,1975 in New Bedford Ma., to her parents Eufrosina and John Tavares. She was there first born. Laurie’s parents migrated to America from Portugal in 1973. She was raised in a strong Portuguese household.

Laurie had a passion for singing and dancing which started in her early childhood years. This artistic side of her blossomed more with each passing year. She attended Greater New Bedford Vocational High School, where she majored in Painting and Decorating and graduated in 1994.

She was enrolled at Lasell College majoring in fashion and had dreams of becoming a fashion buyer. She maintained a consistent grade point average of 3.9, and was to graduate in May of 2004.Laurie never got the chance to walk the stage to accept her well deserved Bachelor of Science diploma.

On November 27th of 2003, Thanksgiving Day, Laurie spent the day cooking and celebrating with her family .Right after her families tradition of putting up the Christmas tree, Laurie left to celebrate with her boyfriend, Jared. She never made it back home that night. Laurie was killed by a drunk driver shortly after leaving Jared’s. This biography is written by me, Laurie’s younger sister Jennifer Tavares. My sister’s story should not have ended that dreadful night. Laurie was an innocent victim, full of life to give and receive, and it was all taken so abruptly from her and all that loved her. Her loss is unexplainable and the effect unbearable. My mother, myself, family, friends and the world are deprived of a truly amazing soul. Rest in peace my beautiful angel, you are truly missed and forever in our hearts.

Ever since Surgeon General Koop recommended that BAC (Blood Alcohol Content) level be set at .04 in 1984, Remove Intoxicated Drivers has advocated the lowering of the BAC. Koop cited studies that indicate a person begins to lose their peripheral vision at a BAC of .04.

New York State Assemblyman Felix Ortiz of District 51 in Brooklyn has a bill that’s a step in the right direction.

NYAB04369 Text

By Ortiz | Amd S1192, V & T L Lowers the blood alcohol concentration required for driving while intoxicated from .08 of one per centum to .06, and for aggravated driving while intoxicated from .18 per centum to .14.

With the powerful lobbying groups representing the alcohol and lawyers interests, changing the current law regarding the BAC level is a tough road to hoe. RID applauds Assemblyman Ortiz for putting forth this bill and will work with his efforts in passing this legislation. The NTSB (National Traffic Safety Board) conducted a seven year study that concluded 800 American lives would be saved annually by lowering the BAC from .08 to .05. The study or even this issue has received little media attention since  the NTSB released this publication in May of 2013. It’s refreshing to see that Assemblyman Ortiz is taking concrete action toward making the roads we share safer for everyone. We urge RID members to support this bill, .NYAB04369. You can contact Assemblyman Ortiz’s office at 518-455-3821 to voice your concerns.

A good barometer of how effective the enormous effort to reduce drunken driving is the number of arrests for DWI. Statewide in New York, the number has dropped the past seven years, according to data released this month by the state Division of Criminal Justice Services.

Across the state, arrests for intoxication by alcohol or drugs dropped from 43,887 in 2013 to 41,752 last year.

RID attributes the decrease to both law enforcement and greater public awareness. Specifically, New York State utilizes checkpoints as being part of the efforts for deterring drunken driving.  For the past few years, Albany County, has been aggressively staging check points on the entry points to our highways  where alcohol consumption has been closely associated with certain events and holidays.

Although these efforts by law enforcement continue to yield dozens of arrests, the fact that overall DWI arrests are down is a positive development. The U.S. Supreme Court considered the legality of sobriety checkpoints in the case of Michigan v. Sitz. In Sitz, The Court found that checkpoints constitute a seizure for Fourth Amendment purposes but that sobriety checkpoints are reasonable and permissible under certain conditions, despite the fact that the law generally forbids law enforcement officers from stopping drivers unless there is a suspicion that the drivers have violated the law. The Court found that that the dangers posed by drunk driving outweighed the Fourth Amendment intrusion. Many jurisdictions that conduct sobriety checkpoints require the checkpoint to be publicized. The National Highway Traffic Safety Administration has its own guidelines on sobriety checkpoints and encourages agencies to aggressively publicize the checkpoints.

There are positive and negative results from publicizing checkpoints. There is benefit in showing the public that law enforcement is taking this issue seriously by devoting its resources in this manner. Some skeptics might conclude that announcing the checkpoints in advance merely gives the drunken driver a heads-up on how to avoid arrest. In any case, checkpoints should continue to be an key component in making the roads and highways we share safer for everyone.

DWI and DWAI: The Consequences of Drinking and Driving in NY

By Fay Wein

Drinking and driving is a serious offense and the consequences are far reaching. In NY, drinking and driving is known as either DWI or DWAI, depending on the amount that one drinks. In this article we’d like to focus on some of the FAQs and the consequences of DWI and DWAI.

What is the DWI and DWAI?

DWI is Driving While Intoxicated, otherwise known in most states as DUI (Driving Under the Influence). DWAI is driving While Ability Impaired, which is a much less severe than drunken driving (DWI).

How many drinks will get me to DWI/DWAI?

In general, a sophisticated system of measuring the BAC, or Blood Alcohol Content, of the driver is used in order to determine the level of impairment. There are many factors that affect ones BAC including, body mass, amount of time that has elapsed since imbibing the drinks, and how much food was consumed along with the drinks, among other factors. The BAC level for DWAI is 0.05%, while for DWI it is 0.08%.

For the average male weighing approx 160 lbs, how many drinks would be DWAI/DWI?

According to basic figures, an average male having one drink of alcohol, would amount to a BAC of only 0.02%. A drink is considered one of the following; a 12 Oz bottle of beer, a 5 Oz glass of wine or a 1.5 Oz shot glass of hard liquor. This amount is not yet considered DWI, or even DWAI, unless the driver is less than 21 years old, in which case there is a zero-tolerance law in effect prohibiting any amount of alcohol consumption. A second drink would bring the BAC up to 0.04%– still under the radar. A third and fourth drink would make it DWAI (0.06%) and DWI (0.08%), respectively.

What are the financial consequences of drunk driving?

For a first time offense, a DWAI violator will be fined between $300 and $500 in civil penalties. For DWI, the penalties start at about $500 and can go up to $1,000 for a first offense. A second offense is going to cost $500-$750 for DWAI and $1,000 to $5,000 for DWI. In addition to these fines, $750 needs to be paid to the DDP (Drinking Driver Program), $250 per year, over a period of three years.

What other consequences are there?

Plenty; here are some of them:

• First, there is license suspension or revocation. For DWAI, a first offense will cause your license to be suspended for 90 days and a second offense will have it revoked for 6 months. For DWI, a first offense gets your license revoked for 1 year and up to 4 years for a second offense within 10 years.

• Then there is jail time. First time DWAI offenders can spend up to 15 days in jail for a 1st offense, 30 days for a 2nd offense, and 180 days for 3rd time offenders. DWI violators really get to experience prison life with one-year, four-year and seven-year terms respectively for 1st, 2nd and 3rd time offenses.

• If you refuse the breathalyzer. Refusing the breathalyzer or chemical test is a severe infraction and carries a $500 penalty, license revocation for up to one year and $100 to reinstate your license.

• Drivers under 21. Drivers under 21-as mentioned- due to the prevalence of drunk driving in younger drivers, along with the additional risk factor of inexperience and recklessness, are hit with additional consequences. On top of all the above, they may have an Ignition Interlock device (IID) installed by the DMV in their vehicle after the termination of the license suspensions. This device will disable the ignition if alcohol is detected. A probational period will need to be satisfied in order to regain full driving privileges.

• Criminal record. DWI, and reckless driving that often goes along with it, have the potential of ruining an individual’s driving and personal record for years to come and sometimes even permanently. It may hurt the drunken driver unexpectedly when it comes up in a job background check, causing much embarrassment and anguish.

• Insurance premiums. It goes without saying that DWI-related violations will significantly increase your auto insurance premiums. According to some studies, the rates may go up by as much as 19% for a first time DWI offense!

Do I need to go to court?

If you have been pulled over and charged with DWI, you will need to go to court in order for the judge to determine the fines, jail time and other penalties. These will be decided based on a myriad of factors and cannot be done by mail or online. Often the assistance of a qualified attorney is recommended, especially if there is manslaughter or reckless driving involved, which are criminal offenses. Be sure to reach out to an attorney experienced with DWI in NY.

Conclusion:

We need to remain aware of the dangers of drinking and driving. Always make sure to assign a friend or your spouse to do the driving and make sure the car keys are out of reach of guests that have been drinking.

About the author:  Fay Wein is a content specialist at The Law Offices of Zev Goldstein Law, a NY attorney specializing in traffic tickets and other driving-related crimes. Fay loves cooking, blogging, and spending time with her family.

Our long-time supporter, Stanley Eisenberg sent me this report from the New York Times about the havoc alcohol has wreaked on college campuses. Here’s the link:

http://www.nytimes.com/2014/12/15/us/why-colleges-havent-stopped-binge-drinking.html?smprod=nytcore-iphone&smid=nytcore-iphone-share

I recommend reading it as this story offers some answers as to why colleges  have been unsuccessful in reining in this problem on their campuses even though the harms of alcohol have been well-known for decades. Since RID’s formation, we have had a difficult time getting the NYT to cover our press conferences or even do basic reporting on this enormous societal problem. The NYT receives a lot a revenue in alcohol ads. In addition, they own eight television stations which are heavily subsidized through alcohol ads as well. So it’s refreshing to see such a thorough and well-researched story from them. Thank you, Stanley.