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Dangerous Driving Behaviors

Aggressive Driving

This dangerous driving behavior is defined by Virginia law as the intent to harass, intimidate, injure or obstruct another person while committing one or more traffic offenses such as failure to stop or yield the right-of-way, evasion of a traffic control device or failure to give way to an overtaking vehicle.

When they’re behind the wheel of their vehicles, these high-risk drivers take out their frustrations on other motorists. Their frustration level runs high while their concern for fellow motorists runs low. They run stop signs and red lights, speed, tailgate, weave in and out of traffic, pass on the right (including on the shoulder and unpaved portions of the road), make improper and unsafe lane changes, make hand and facial gestures, scream, honk and flash their lights.

Protect yourself. If you see an aggressive driver, stay out of the way. Don’t challenge the aggressive driver by speeding up or trying to out-maneuver him. Avoid eye contact and ignore his gestures and shouting.

Remember, if you are convicted of aggressive driving, your license could be suspended for ten days or for as long as six months.
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Distracted Driving

Driving requires full attention to limit the chance of error. There are many distractions that may prevent drivers from focusing on the complex task of driving: changing the radio or CD, talking to passengers, observing outside surroundings, eating, using a cell phone and more. When on the road, drivers should not use cell phones, faxes, computers or other distracting devices except to report a crash or emergency. When engaging in distracting behavior, pull over and stop the vehicle in a safe location.

In April 2006, research from the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute concluded that driver inattention is the leading factor in most crashes and near-crashes. The study reports that nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the incident.

Young drivers have higher crash rates than more mature drivers and are particularly vulnerable to fatal crashes. Department of Motor Vehicles and the Virginia Commonwealth University Transportation Safety Research Center statistics for 2006 report more than 150 crashes involving drivers ages 16 and 17 using cell phones.

Effective July 1, 2007, Virginia law prohibits drivers under age 18 from using cell phones or any other wireless communication device while driving except in a driver emergency and the vehicle is lawfully parked or stopped.

Annually, driver distraction accounts for roughly 20 percent of all traffic crashes in Virginia. Why is distracted driving so deadly? Because while the driver is distracted, the vehicle moves into a high-risk situation. The driver loses precious seconds before recognizing the situation and making an emergency maneuver. Young drivers are even more susceptible because they often over-correct and because they lack experience in controlling a vehicle during an emergency situation. Don’t let this happen to you. Take the following precautions.

  • Keep your eyes on the road and your hands on the wheel at all times.
  • Set or adjust the controls on the vehicle and other devices as soon as you get in the car and before you begin driving.
  • Keep your body alert; sit straight, but relaxed. Look in the direction that you want to go.
  • Avoid using a cell phone.
  • Anticipate the traffic and environment around you by scanning ahead and checking your rearview mirrors.
  • Maintain the speed limit; but, reduce your speed and increase your following distance in bad weather and heavy traffic.
  • Always fasten your safety belt and make sure everyone in your vehicle is securely buckled up.
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Drinking and Driving

Driving Under the Influence (DUI):

Legally, you are considered to be driving under the influence if your blood alcohol content (BAC) is 0.08 percent or higher. If your driving is impaired, you can be convicted of driving under the influence with a BAC lower than 0.08 percent. If your driving is impaired because you are under the influence of any drug, you may face the same penalties as driving under the influence of alcohol.

Administrative License Suspension (ALS):

For a first DUI offense and/or breath test refusal, your driver's license will be automatically suspended for seven days if your BAC is 0.08 percent or higher. For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trail, which ever comes first. For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial. Conviction of a DUI offense will result in suspension of your driver's license and other penalties in addition to the administrative suspension.

Open Container:

You may be charged with drinking while operating a motor vehicle if you are stopped by law enforcement and you have an open container of alcohol in the passenger area and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver’s reach, including an unlocked glove compartment.

Zero Tolerance:

If you are under age 21, you cannot purchase, possess or consume alcohol. If you are convicted of driving after illegally consuming alcohol, and your BAC was at least 0.02 percent and less than 0.08 percent, you can be fined up to $500, have your driver’s license suspended for six months, and face a possible jail term.

Persons under age 21 who drive under the influence of drugs or with a blood alcohol content of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.

Transporting Children While Under the Influence:

Conviction of any DUI offense involving a juvenile passenger (age 17 or younger) in the vehicle at the time of the offense carries an additional mandatory five-day jail term in addition to all other fines and jail sentences. You may also be assessed an additional fine of at least $500 and up to $1000. A second DUI offense with a juvenile (age 17 or younger) in the vehicle carries and additional 80-hour community service requirement in addition to all other fines and jail sentences.

Vehicle Impoundment:

Your vehicle will be impounded immediately for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days if you are convicted.

Restitution:

Depending on local ordinances, you may be liable (for up to $1,000) for the cost of law enforcement, emergency medical service, fire fighting and rescue personnel who respond to a crash or incident resulting from your DUI violation.

Penalties for Persons Under Age 21 Possessing and Consuming Alcohol:

If you are under age 21, you cannot purchase, possess or consume alcohol. Effective July 1, 2008, if you are convicted of illegally consuming alcohol, the court will suspend your driving privilege for one year from the date of conviction. In addition, the court will impose a minimum mandatory fine of $500 or the requirement that you complete at least 50 hours of community service.

Penalties for Possessing Alcoholic Beverages at Public Schools:

Drinking or possessing alcoholic beverages on public school grounds can result in a fine of up to $1000 and up to six months in jail regardless of your age.

Penalties for Providing Alcoholic Beverages:

If you provide or sell alcoholic beverages to a person under age 21 or someone who is intoxicated or ordered by a court to refrain from drinking alcohol, you are subject to a fine up to $2,500, 12 months in jail, and mandatory suspension of your driver's license for up to one year.

Misrepresentation of Age:

If you are under age 21 and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to consume alcohol or purchase alcoholic beverages, you will

  • be fined at least $500;

  • be required to perform at least 50 hours of community service;

  • face up to 12 months in jail; and,

  • face mandatory suspension of your driver's license for at least six months but not more than one year.

If The Police Stop You

If the police have probable cause to stop you and suspect that you have been drinking or using drugs, they will ask you to take a breath test. This test analyzes the amount of alcohol in your body. Under implied consent laws, if you operate a motor vehicle on Virginia’s public roads, you agree to take a chemical test upon request.

If you are involved in a motor vehicle crash and a law enforcement officer has probable cause, you can be arrested for DUI within three hours of the crash without a warrant and at any location.
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Alcohol and You

Researchers estimate that between the hours of 10 PM and 2 AM three out of every ten drivers is intoxicated. More than one-third of these drivers have been drinking at someone else’s home. Nearly 50 percent of the drivers arrested for driving under the influence (DUI) are social to moderate drinkers. Don’t think that it won't happen to you. In your lifetime, there’s a 50-50 chance that you’ll be involved in an alcohol-related crash.

Just one alcoholic drink can affect your driving ability because even a small amount of alcohol affects the brain's higher functions - particularly vision, judgment, and coordination.

Because alcohol affects your judgment and driving ability, your chances of being in a crash are seven times greater if you drive after drinking than if you drive sober.

A 12-ounce glass of beer, a five-ounce glass of wine and a shot of liquor have similar amounts of alcohol.

Only time can decrease intoxication. Coffee, cold showers or exercise will not have a sobering effect.
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Avoiding the Risks

Alcohol-related crashes are not accidents. They can be prevented! If you are planning a night on the town, decide before you start drinking that you are not going to drive. Remember, alcohol affects judgment. It’s a lot more difficult to make the decision not to drive after one or two drinks.

Drive to social events in groups of two or more and have the driver agree not to drink.

Alcohol and drugs: Combining alcohol with other drugs usually multiplies the effects of both and can have a disastrous effect on your ability to drive. One drink taken when you are taking another drug--even an aspirin, simple allergy or cold remedy--could have the same effect on your driving ability as consuming several alcoholic beverages.

Almost any drug can reduce your ability to drive safely. It's not just illegal drugs that cause problems. Many over-the-counter medications and prescription drugs for headaches, hay fever, colds, allergies or nervous conditions can cause drowsiness and dizziness. This includes syrups, drops, sprays, pills and tablets. They often affect driver alertness and slow reaction time.

Read the label before taking any drug or medicine. Look for warnings about side effects. If you’re uncertain about the effects of a drug, ask your pharmacist or doctor for advice. Remember that, while the effects may vary among users, no drug is harmless. Taking any drug against medical direction or without a doctor’s supervision is dangerous.

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