The Washington Post is reporting that more woman are being arrested for drunk driving.
Yet the Centers for Disease Control and Prevention reported this fall that men were responsible for 81 percent of drinking and driving incidents in 2010.
Some of these statistics can be unreliable. For instance, law enforcement runs public relations and media campaigns trying to get people to think that OUI in Massachusetts and nationwide is on the rise.
Our Westborough OUI lawyers recognize that law enforcement will believe the statistics that justify their DUI road blocks and saturation patrols — DUI is a moneymaker and they are looking to make as many OUI arrests as possible. Whether numbers are up or not, police will be out in full force.
The CDC reports that adults drank and drove 112 million times in 2010 according to the agency’s survey. Men ages 21 to 34 made up 32 percent of all drunken driving episodes, but make up only 11 percent of the population. Eighty-five percent of drinking and driving involved binge drinking — 5 or more drinks for men or 4 or more drinks for women in a short period.
A study by The Century Council, as reported by The Washington Post, suggests that mothers have been drinking and driving with their children more often lately. A study found that the average female drunk driver is older and more educated than their male counterparts.
The profile of a typical female drunken driver didn’t surprise researchers, who put together the study after the 2009 accident of a mother in New York who was under the influence of drugs and alcohol and caused a wrong-way crash that killed her, her daughter, three nieces and three men in another vehicle.
The article suggests that some parents, especially mothers, may have a glass of wine or two with friends while caring for their children. This may be a more common situation than we might realize.
But like any OUI case, the charges must be proven. Even a person arrested can’t be considered guilty until it is proven in court, despite the court of public opinion. That’s what trials are for. And women may face additional charges, most commonly child endangerment, which can increase the potential penalties for a conviction.
The Commonwealth has a great burden in proving someone committed a crime and simply going on the word of the officer who pulled the vehicle over is not enough. More must be proven.
If field sobriety tests were conducted, they must have been conducted appropriately, with consideration taken for weather conditions and possibly the person’s physical ailments, could have affected the outcome. If there were witnesses and dash cam surveillance, that, too, should be a factor.
If a driver consents to a breath test machine sample, the reading should be challenged. These machines have been known to be faulty, as thousands of cases have been dismissed because the machines either weren’t properly calibrated or maintained or they weren’t manufactured correctly.
All of these are factors in a Massachusetts OUI case. Whether you’re a woman or a man, it’s no matter. An experienced Massachusetts OUI lawyer can help.
Massachusetts Criminal Lawyer Michael DelSignore represents clients facing DUI charges throughout the state.
More Blog Entries:
7th Massachusetts OUI Conviction Reinstated By Massachusetts Supreme Judicial Court: November 22, 2011
Taunton Man Faces Multiple Offense Massachusetts DUI charge: November 14, 2011