Uber and Drunk Driving

Does Uber help drunk driving statistics?

The rise of Uber and other alternatives to traditional taxicab services have led to claims that such services have been responsible for a drop in the national drunk driving incident rate. This claim has been promulgated by Uber itself who claim, “Services like Uber—where passengers push a button and get a ride in minutes—are helping to curb drunk driving.”

However, the American Journal of Epidemiology (“AJE”) believes the real story is a little more complicated. The AJE conducted a survey that was notable for examining the effect Uber has on different cities as opposed to the more conventional academic approach of compiling and analyzing statistics nationally. 

So, did the AJE find that Uber and other rideshare services have helped deter drunk-driving incidents. The answer is complicated.

Uber Does Help, Sometimes

The tempting assertion to hail Uber as a hero in the struggle against drunk driving is tantalizing. Uber, seemingly, would give potential inebriated drivers access to convenient, low-cost transportation. 

Why would someone drink and drive when given the readily-available alternative presented by ridesharing companies? Well, these assumptions are based on a few false premises. To begin, the argument that Uber presents a low-cost alternative to driving drunk is unsubstantiated. 

As the AJE puts it, “because drivers are unlikely to get caught drinking and driving, paying for a rideshare service may still be far more costly than driving drunk for many individuals.”

Drunk-drivers are motivated to drive home inebriated because they believe they will not be caught. This means just because uber is inexpensive does not mean that it will deter people from drunk-driving. 

When an inebriated person makes the decision to drive drunk, they might be doing so to avoid Uber costs all-together. In other words, Ubers might be relatively cheap, but more often than not they are not cheaper than just taking your car home.

The Assumption of Rationality

Another fallacy the presumption Uber helps lower drunk driving incident rates rests upon the assumption of rationality. The AJE writes, “the average inebriated individual contemplating drunk driving may not be sufficiently rational to substitute drinking and driving for a presumably safer Uber ride.” 

It is fair to assume that most drunk-drivers make the decision to drive under the influence of alcohol when already inebriated. While under the influence of alcohol, decision-making prowess and rational thought can be compromised. 

Therefore, it cannot be assumed that most drunk-drivers are operating under the same level of rationality as they would while sober. This loss of rationality makes it unreasonable to assume people will make the smart decision and call an Uber.

Ubers are Substitutes for Taxis, but Not for Drunk-Driving

Another presumption made by those who believe Uber to be lowering drunk-driving rates is that Uber will be used as an alternative to drunk driving. It was mentioned above that Uber’s convenience is what may make it a plausible alternative to driving home under the influence. This presumption is unsubstantiated.


Uber is not a substitute for drunk-driving and is merely a substitute for public transportation, walking, or taxis. A potential drunk driver often does not see Uber as a viable option for a few reasons. One of the biggest reasons, is the inconvenience of leaving their car where it is rather than taking it home. 

It is inconvenient for a drunk person, who used their car to get to the area in which they now seek to leave, to leave it there overnight because they feel they are under the influence. Therefore, more often than not, Uber does not eliminate the inconvenience of leaving your car somewhere far from where you want it.

How the AJE Conducted Its Experiment

Now that some presumptions have been challenged, it is time to delve into the experiment itself and its results. The AJE conducted this experiment in Las Vegas, Portland, Reno, and San Antonio. These cities were picked because they are urban environments and Uber had launched, ended, and then resumed operations there at some point. 

The study wanted to test the claim made by Uber asserting drunk-driving had been curbed by their company. It is clear immediately one of the biggest limitations this test suffers from. They do not represent and do not purport to represent anything other than urban environments. 

The researchers sought to analyze the data from the first five years of Uber’s presence in the city and come up with evidence that either supports or disagrees with the claims made by Uber.

What are the Results?

As mentioned above, the results are complicated. It seems for now Uber is partially correct in their assertion, but not entirely. Uber has helped curb drunk driving in some places, but not others. Thus, it is an oversimplification to claim that Uber curbs obesity. 

To start, crashes involving alcohol lessened as Uber resumed its presence in Portland and San Antonio. Reno does not show any less car crashes as a result of drunk-driving. Las Vegas showed more positive numbers as a result of Uber’s presence than Reno, but the prevalence of Uber use in 

Las Vegas is much higher due to the constant influx of tourists. In sum, Uber does help curb drunk driving in the right circumstances.

What Circumstances Does Uber Lower Drunk-Driving 

In urban environments, there can be many factors that allow Uber success in deterring drunk driving. As mentioned above, high influxes of tourists normally indicate greater usage of ridesharing services like Uber. Cities that have less tourism seem to have not been affected by Uber’s presence as the majority of people simply use their vehicles to get around resulting in more instances of drunk driving. 

Other unique variables exist such as topography and availability of public transportation. Traffic and population density are big indications of whether Uber will have success in curbing drunk-driving, as people are more inclined to travel by Uber in high-density areas. 

Thus, Uber’s claim that they help lower drunk-driving rates is not exactly correct and not exactly wrong. Certainly, other factors exist outside of Uber’s control and thus those looking to deter drunk-driving should look to what other successful cities have that they do not have.

Expungements: What to Expect When you have Violations on your Driver’s License

What can you get expunged from your driving record in Maryland?

When a person has been convicted of a DUI they may want to think about getting it expunged from their driving record. If you have been convicted of a DUI in Maryland, you cannot get it expunged. 

Expungement, here, means for something to be removed from your driving record and thus this is not in reference to criminal records which is a different issue. Some of the things that can be expunged are moving violations and parking violations.

The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA), as of October 1, 2017, will automatically expunge your driving record when the violations become eligible. 

This is in accordance with recent changes in Maryland law.  Previously, someone with points on their license would be required to apply for an expungement. 

This process has been simplified in the interest of helping convicted driver’s move on with their lives and not live with their mistakes effecting their ability move for inordinate amounts of time. However, the MVA does not expunge violations that involve driving under the influence specifically stating that a violation involving alcohol cannot be expunged.

What are the benefits of expunging points from your violations record?

There are no downsides to getting your violations expunged from your driving record. Your driving record is maintained by the state of Maryland so that they may ensure safety and other forms of good driving behavior on the roads. 

When you get your license in Maryland, you must follow the laws of the state or face fines and, if your conduct is severe enough, even jail time. The rules of the road can vary and include speed limits, parking rules, amongst many others. When you break the rules of the road, you can be given points on your license.

These points are tracked by the state and can result in license suspensions of even license revocations if they exceed a certain number. In Maryland, 3 or 4 points will result in a warning letter being sent to you by the MVA. If you reach 8 to 11 points, your license will be suspended. 

Once you have accumulated 12 points on your license, your license will be revoked. A DUI can result in a great many points on your license depending on the severity of your incident, if children were in the car, or if this latest incident shows a clear pattern of destructive and dangerous behavior. 

Clearly, if you have had violations it would behoove you to have it expunged from your license to get those points off removed. Thanks to recent Maryland law, this will be done automatically for you at the time of your expungement eligibility.  

What can you get expunged?

Driving record expungements work differently depending on the what violation(s) have been committed. Violations involving driver safety are treated more severely than other violations that merely implicate orderly driving. For instance, parking violations are not treated similarly as DUIs. 

This is reflected in the points given for the respective violations, but this is also reflected in the length of time the violations stay on your record.

When a driver has never been suspended for driver safety related violations, have never had their license revoked, and have no moving violations their record will be expunged within 31 days of their last conviction date. 

For drivers who have been suspended several times for reasons related to driver safety or who have previously had their license revoked all record entries will be expunged in 10 years after the last moving violation, conviction date, or grant of probation before judgement. 

As you can see, the amount of time you must wait for expungement eligibility can vary depending on the violations. These are the two extremes and therefore several eligibility-waiting periods exist between them.

What about DUI or DWI expungement?

There are certain violations that cannot be expunged under any circumstances. One of the more notable non-expungeable violations include anything related to a fatal accident. Another non-expungeable offence is a DUI or DWI. Once convicted of either crime it will stay on your license and, according to Maryland law, will not be removed under any circumstances. 

The reason these violations are kept on driving records is because of the seriousness of the infraction. The punishments DUI or DWI offenders face can be very serious.

At the very least, the influenced-driver will be subject to serious points being put on their license. If you do not think this is serious, it should be remembered that people use their cars for everything including going to work and getting groceries. 

Some people even drive as their work. DUI points can put someone’s entire lifestyle in jeopardy. Additionally, this punishment underpins the seriousness with which Maryland takes the problem of intoxicated drivers. 

An alcohol-related violation can follow you forever and the state knows that this fact can act as a deterrent on any such behavior.

  

What about those with holding a commercial driver’s license?

For a commercial driver’s license, the Maryland law mentioned above will govern. This being, that for any violations they automatically be expunged when the violation becomes eligible. 

This is good for those that have commercial driver’s license. Before, one would need to seek expungement once they become eligible for such action. As of October 1, 2017, expungements no longer need to be sought and will be granted automatically once eligible. 

It is worth noting that if the individual seeking expungement has their license suspended at or near the time of expungement, eligible violations will be delayed up to 31 days following the rescinding of the suspension.   

What violations are not related to driver safety?

As mentioned above, what is and is not considered driver safety can make the difference if you want your public driving record clean. Driver safety is one of the major goals of transportation laws and codes. 

Thus, to ensure safety on the road a harder stance needs to be taken on the violations that can create a dangerous driving environment. 

Violations that are not related to driver safety are outstanding arrest warrants, failure to pay for motor fuel, improper use of a driver’s license or identification card by a minor to obtain alcohol, and noncompliance with traffic citation issued under federal law. These, amongst others, are not considered safety violations. 

Maryland DUI Per Se Explained

What is Maryland DUI Per Se?

Many people are aware of DUIs and DWIs. These acronyms are so famous (or infamous) people who have never experienced either could probably tell you at a moment’s notice with little hesitation exactly what they mean.

However, if you are a Marylander you likely will not know that a third major impaired driving offense is on the books. 

A DUI per se charge has changed the way impaired driving is litigated in Maryland. Therefore, Marylanders should be aware of the ways DUI per se chargers differ from its brethren.

How a DUI Per Se Works for the State

The DUI per se law is an instrument of the state and is often utilized as a means of getting tough on impaired driving. Maryland is not the only state with these per se laws on the books and thus this discussion carries weight in many other places around the country, but this post is geared toward Marylanders. 

Primarily, what you should know about DUI per se laws is that they make it easier for the government to prevail on its claim that a certain individual has driven impaired. 

The per se legal mechanism is meant to deter the act of impaired driving by increasing the likelihood of repercussion for individuals who drive irresponsibly by categorically declaring all those above the legal limit of impairment to be in violation of the law.

What DUI Per Se Means for You

So, what does this look in real life? Well, normal DUI’s call for a tougher threshold of evidence. A normal DUI charge requires that the alcohol or drugs that have allegedly compromised a driver’s cognitive ability must be shown to have affected your mental or physical acumen. 

In other words, to make the case against a driver under a DUI charge, the state would have to show objective deficiencies in driver behavior or ability. 

This can be shown by a law enforcement agent having observed a vehicle swaying or being operated erratically in some fashion. 

This can also be shown by certain examinations when your vehicle has been stopped such as a field sobriety test or any displays of slurred speech. It is clear that the emphasis is on the driver and the quality of their driving.

DUI and BAC, What Does it All Mean?

The DUI per se charge switches the emphasis from driver/driving quality to a formulaic measurement of an individual’s blood alcohol content (BAC). If you are shown to have had a BAC that exceeds the .08%, you will likely be given a DUI per se charge. 

So, how is this different than a normal DUI? Well, if a driver is found to have a BAC that is higher than the legal limit, then that is the ball game. There is no need for the state to show that it had any effect on your driving, or that it impaired your speech, or that you failed a sobriety test. 

It is an easier process for the state because it relies on objectively measurable data, but it also sheers away the extra evidence required in a normal DUI proceeding.

More About BAC

Now you might be asking yourself, how is BAC measured. BAC is measured by a blood test that you will be submitted to upon reasonable suspicion of impaired driving. When you get your license, it is assumed that you have been put on notice that you will be required to submit to such a test if you are alleged to have driven impaired. 

Another test used to measure BAC, is a breath test. This often uses a breathing apparatus which contains chemicals that react to the level of alcohol in your system. Again, when you receive your license it is assumed that you have consented to such tests. 

This legal concept is called “implied consent.” Briefly, implied consent here means that the above tests are part of the agreement you make when being issued a driver’s license by the state. This means you will face consequences for refusing to take the test when requested to by a law enforcement officer. 

In Maryland, if you refuse to submit to either a breath test or a blood test, you can be given a fine and an immediate license suspension. The first refusal typically results in a 120-day suspension, but a second refusal often results in a year suspension.

The Process of a DUI Charge

If you ever have to face a DUI per se charge, then your experience will likely go something like this. DUI per se charges carry with them a unique proceeding along with the potentially criminal charges. These proceedings are overseen separately by the Motor Vehicle Association (MVA). 

They adjudicated by administrative law judges from the Office of Administrative Hearings. Unlike, in a potential criminal case, these adjudications will happen quickly and overwhelmingly result in the suspension on the accused’s license. This is regardless of what happens in any other parallel proceedings.

Proving a DUI in Court

Now these laws have not gone without their fair share of criticism in some legal and advocacy circles. Many believe that the amount of proof required in a normal DUI proceeding is what should be required to show and DUI per se charges are a shortcut meant to deter drunk driving, but really deprive accused drivers of fairness. 

These critics insist that actual effects on the driver and/ or their driving should have to be shown. Additionally, the critics believe that the field sobriety test, talking, and walking are necessary precursors to any proper impaired driving accusation. 

Advocates that support DUI per se laws believe that merely showing a person has a higher than allowed BAC is sufficient evidence to show wrongdoing. These laws are favored by those that seek to deter drunk driving by getting tough on those that commit such offences.

Finding a Maryland DUI Lawyer for Your Charges

At the Law Offices of Randolph Rice, we represent our clients zealously and with an appreciation for both sides of the debate. Whether charged with a DUI or a DUI per se, we know how to best represent your interest in the courtroom or any other proceedings imposed as a product of the state’s allegations. 

We have decades of legal experience at our firm and know how to navigate drunk driving offences. Come in today for a free consultation.