A recent study found that more than 80 percent of impaired drivers involved in motor vehicle crashes get away without any punishment, the Brown Daily Herald reported Oct. 25.The study was conducted by Dr. Joshua Schiffman, Dr. Thomas Tracy, head of pediatrics at Hasbro Children's Hospital, and Dr. William Cioffi Jr., head of trauma service at Rhode Island Hospital.
Researchers looked at the records of 137 patients who came to the hospital as a result of crashes related to alcohol or other drugs. Of the 137 drivers, 113 were Rhode Island residents, and researchers looked at their public records of driving citations.
The doctors found that of the 113 drivers, 80.5 percent had a blood-alcohol content (BAC) of over 0.10 percent -- the legal limit for intoxication -- but none received a citation or were charged for their crimes.
In addition, 22 percent had multiple motor vehicle offenses, and 7 percent had previously been charged with DWI. Furthermore, 12 percent had prior driving offenses.
While 19.5 percent of those studied received citations, only 12 were charged with DWI. Two cases were dismissed, so the actual conviction rate was just 8.8 percent.
"This observation has been reported ever since the late '80s around the country. Yet nobody's willing to change the laws," Tracy said. "Reluctantly we passed the 0.08 BAC level law, and reluctantly do we consider passing any other bills."
Although Rhode Island became a .08 state in July, the researchers are proposing measures that would add an increased impetus to curb illegal intoxication.
For instance, the doctors recommended a mandatory reporting statute. Currently, when a person has been in a motor-vehicle crash, the BAC level is tallied, but doctor-patient confidentiality rules prevent physicians from releasing the data to attorneys. As a result, the prosecution usually does not have enough evidence for a drunk-driving conviction, even though the information is available.
The researchers' proposal would allow a physician to share an illegal BAC level without breaking confidentiality. "There would be an entire group of people whose job would be to check BACs and make sure everything is done properly," Tracy said.
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