Articles Tagged with DUI/OVI enforcement

The abominable snowman was arrested for drunk driving. The ‘arrest’ of the snowman was part of a campaign by the St. Helens Police Department to crackdown on drunk driving during the holidays. Although the arrest was fake, the message was real: DUI/OVI enforcement is increased during the holiday season.

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The holidays bring an increased volume of driving. According to AAA, holiday travel has increased consistently over the last nine years, and this year looks to be record-setting. In Ohio, nearly 4.5 million people are traveling for the holidays, and 90% of those are driving.

The holidays also bring an increase in accidents related to operating under the influence. The National Highway Traffic Safety Administration (NHTSA) reports that, over the last five years, an average of 300 people died in drunk driving crashes during the week between Christmas and New Year’s Day. In Ohio last year, ten OVI-related crashes resulted in 13 deaths during the Christmas holiday, according to the Ohio State Highway Patrol.

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When authorities found Donna Wardell in her Chevrolet Impala, the car was upside-down, held in the air by part of the utility pole she just hit (see the story at app.com).  Medics pulled her out of the car through the windshield and rushed her to the hospital.  The medical team determined the crash was the result of a seizure caused by a brain tumor.  Wardell did not know about the tumor:  she learned of it in the hospital.  She later learned something else:  she was being charged with DWI because, when the medics removed Wardell from her car, they observed the odor of alcohol.

Ambulance at accident scene

The odor of alcohol.  Based on that evidence alone, a police officer charged Wardell with DWI (called OVI in Ohio).  It was the only evidence suggesting Wardell might be under the influence of alcohol.  Upon closer examination, however, the odor of alcohol really is not evidence she was under the influence.  At most, it’s evidence she consumed alcohol.  There is no way to tell from the odor how much alcohol she consumed and whether that alcohol was affecting her ability to drive.

Her ability to drive was not affected by alcohol, as there was essentially no alcohol in her blood.  A toxicology report showed her blood alcohol concentration was .001.  At that level, the alcohol did not cause the crash.  Another hospital record concluded the crash was the result of a medical accident:  a seizure caused by the tumor.

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