Showing posts with label DR-15 DUI Arrest. Show all posts
Showing posts with label DR-15 DUI Arrest. Show all posts

Thursday, April 26, 2018

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.

Monday, September 12, 2011

DR-15 for a DUI/DWI Arrest in Maryland

Did you read or did the police officer read you the DR-15 when you were arrested for DUI/DWI in Maryland?  If you did not sign the DR-15, you may have a defense to your DUI/DWI arrest.  Call my office at 410.288.2900 to discuss the DR-15 and your DUI/DWI case.
DR-15 Maryland
DUI Attorney 410.288.2900


A DR-15 is required to be read to all drivers arrested under the suspicion of driving under the influence of driving while impaired in Maryland. It advises each driver of the administrative consequences for either taking an alcohol concentration test or not taking the test.  Every driver should read the form if they are arrested and understand before you sign.  You can call an attorney at anytime after your arrest.  Call me 24/7 at 410.288.2900 for immediate DUI/DWI help.  Maryland DUI/DWI Attorney G. Randolph Rice, Jr.



Example of a DR-15 Advice of Rights for DUI or DWI in the State of Maryland.

DR-15 (10-08)
ADVICE OF RIGHTS - (§ 16-205.1 of Maryland Transportation Article)

You have been stopped or detained and reasonable grounds exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances requiring that you be asked to submit to a test under § 16-205.1 of the Maryland Vehicle Law. In this situation, the law deems that you have consented to take a test to measure the alcohol concentration or drug or controlled dangerous substance content in your system. You may refuse to submit to the test(s), unless you were in a motor vehicle accident resulting in the death of or life-threatening injury to another person.

Suspension of Your Maryland Driver's License or Driving Privilege:
If you refuse to submit to the test, or submit to the test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your Maryland driver's license will be confiscated, you will he issued an Order of Suspension and, if eligible, a temporary license valid for 45 days. The following periods of suspension shall he imposed against your license or privilege to drive in Maryland:
If your test result is an alcohol concentration of at least 0.08 but less than 0.15: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.
If your test result is an alcohol concentration of 0.15 or more: The suspension will be 90 days for a first offense and 180 days for if second or subsequent offense.
If you refuse to submit to a test: The suspension will he 120 days for it first offense and one (1) year for a second or subsequent offense.An additional criminal penalty of not more than $500 or imprisonment for not more than 2 months or both, may be imposed under § 27­101(x) of the Maryland Vehicle Law if you are convicted of a drunk or drugged driving offense under § 21-902, and the judge or jury finds beyond a reasonable doubt that you knowingly refused to take a test arising out of the same circumstances. If you hold a commercial driver's license (CDL) and were driving a non-commercial motor vehicle when you were stopped, and refuse to submit to a test, your CDL, or privilege will be disqualified for one year for a first offense or for life if your CDL or privilege has been previously disqualified for at least 1 year under § 16-812(a) or (b) of the Maryland Transportation Article, a federal law, or any other state's law. If you were driving a commercial motor vehicle and refuse the test, your CDL or privilege will be disqualified as set forth below.

Modification of the Suspension or Issuance of a Restrictive License:
If your test result is an alcohol concentration of 0.08 but less than 0.15: The suspension may be modified or a restrictive license issued at a hearing in certain circumstances.
If you refuse a test, or take a test with a result of 0.15 or more: You will be ineligible for modification of the suspension or issuance of a restrictive license, unless you participate in the Ignition Interlock System Program under § 16-404.1 of the Maryland Vehicle Law.  This program requires the vehicle(s) you drive to be equipped with a device that prevents you from operating it if you have alcohol in your blood. At a hearing, if you request one, an administrative judge may modify a suspension by permitting you to participate in the Ignition Interlock System Program for one year, but is not required to do so. Instead of requesting a hearing, you may elect to participate in the Ignition Interlock System Program for one year, instead of the period of suspension, if the following conditions are met: 1) your driver's license is not currently suspended, revoked, canceled, or refused; 2) you were not charged with a moving violation arising out of the same Circumstances as the Order of Suspension that involved the death of, or serious physical injury to, another person; and 3) within thirty (30) days of the date of the Order of Suspension you a) elect in writing to participate in the Ignition Interlock System Program for one year, instead of requesting a hearing, and b) surrender a valid Maryland dri­ver's license or sign a statement certifying that the license is no longer in your possession. An ignition interlock election form is located on the reverse side of the driver's copy of the Order of Suspension.

You Have the Right to Request an Administrative Hearing:
You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver's license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing. You may use the "Hearing Request" form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301. You must include a check or money order for $125.00, which is the required filing fee, made payable to the "Maryland State Treasurer." Your request for a hearing will be invalid if submitted without the required $125.00 filing fee.

Offenses Occurring While Driving a Commercial Motor Vehicle:
In addition to any suspension for a test failure or refusal, if you were operating a commercial motor vehicle and your test result indicates an alcohol concentration of 0,04 or more, or you refused to submit to a test, your commercial driver's license or privilege shall be disqualified 1 year for a first offense, or 3 years for a first offense committed while transporting hazardous materials required to be placarded, and disqualified for life if your commercial driver's license has been previously disqualified for at least one year under MD TM 16-812(a) or (b), a federal law, or any other state's law.

Your Driver's license or Privilege will be Suspended on the 46th Day after the Order of Suspension if:
You do not request a hearing within 10 days of the date of the Order of Suspension or, if eligible, you do not elect within 30 days of the Order of Suspension to Participate in the Ignition Interlock System Program for one year instead of requesting a hearing. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing.

Certification: I, the Undersigned Police Officer, certify that I have advised the driver of the above stated Advice of Rights, including the sanctions imposed for: I) a refusal to take a test; 2) a test resulting in an alcohol concentration of at least 0.08 but less than 0.15; 3) a test resulting in an alcohol concentration of 0.15 or more; and 4) disqualifications for persons holding a commercial driver's license.

Read Before Signing: I. the undersigned driver, acknowledge that I have been read or 1 have read the above stated Advice of Rights as certified by the police officer. I understand that this requested test is in addition to any preliminary tests that were taken.

Having been so advised, do you now agree to submit to a test? (Officer check reply)

[ ] Yes – Agree to submit to an alcohol concentration test              [ ] Yes – Agree to Submit to a test for drug or controlled dangerous substance (CDS)

[ ] No – Alcohol Concentration test refused                                     [ ] No – Drug or CDS test refused (DRE must complete & submit DRE Certification Form)

Driver Signature______________________ Date______ Time__________ DR-15A Control #______________

Signature of Officer___________________ I.D. No._________________ Police Agency__________________