Author: David M. Manilla

FEDERAL DRIVING UNDER THE INFLUENCE VIOLATIONS

Laws of State adopted areas within Federal jurisdiction
(a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

(b)(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the
influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.

(2)(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of drug or alcohol impose under law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than one (1) year, or if serious bodily injury of a minor is caused, not more than ten (10) years, and an additional fine under this title, or both if –

(i) a minor (other than the offender) was present in the motor vehicle when offense was committed; and
(ii) the law of the State, territory, possession, or district in which the offense occurred does not provide an additional term of imprisonment under the circumstances described in clause (i).

(B) For the purpose of subparagraph (A), the term “minor” means a person less than 18 years of age.

(c) Whenever any waters of the territorial sea of the Unites States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures
erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the Unites States.

Implied consent for certain tests

(a) Consent. – Whoever operates a motor vehicle in special maritime and territorial jurisdiction of the Unites States consents thereby to a chemical test or tests of such person’s blood, breath, or urine, if arrested for any offense arising from such person’s driving while under the influence of a drug or alcohol in such jurisdiction. The test or tests shall be administered upon the request of the police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon special maritime and territorial jurisdiction of the Unites States while under the influence of drugs or alcohol in violation of the State, territory, possession, or district.

(b) Effect of Refusal. – Whoever, having consented to a test or tests by reason of subsection (a), refuses to submit to such a test or tests, after having first been advised of the consequences of such a refusal, shall be denied the privilege of operating a motor vehicle upon special maritime and territorial jurisdiction of the United States during the period of a year commencing on the date of the arrest upon which such test or tests was refused, and such refusal may be admitted into evidence in any case arising from such person’s driving while under the influence of a drug or alcohol in such jurisdiction. Any person who operates a motor vehicle in special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or, criminal proceedings arising out of such operation as operating such vehicle without a license to do so.

ALCOHOL SERVER RESPONSIBILITY

The reputation of a licensed alcohol-serving establishment relies heavily on the people who deal directly with the customers; the servers. Servers can most closely monitor an individual’s amount and rate of consumption. Therefore, as the alcohol server, you are the key to the prevention of excessive alcohol consumption.

RECOGNIZING INTOXICATION
“Visible intoxication” is a level of impairment that any person can observe. While servers of alcohol are not expected to know the consumer’s Blood Alcohol Content (BAC), they are required to recognize the behavioral warning signs of impairment. Servers must observe and talk with their customers to determine whether they are visibly intoxicated. Servers should always be observant of changes in behavior. As soon as visible intoxication is determined, service of alcoholic beverages should be stopped immediately. At this time you may wish to complete and file an Incident Documentation Form.
Visible intoxication can occur at a high or low SAC level, depending on a person’s tolerance to alcohol. A person with a high tolerance to alcohol may exceed the legal BAC driving limit before showing behavioral warning signs of visible intoxication, such as:

• LOUD SPEECH
• BOASTING
• DRINKING ALONE
• DRINKING TOO FAST
• ORDERING DOUBLES
• BUYING ROUNDS
• CRUDE BEHAVIOR
• SLURRED SPEECH
• STUMBLING
• FALLING ASLEEP

These are just a few of the many signs a person may show when becoming intoxicated. These signs, appearing independently, can often indicate the beginning stages of intoxication while a combination of signs is generally a fair indication of visible intoxication.

PREVENTING INTOXICATION
You can minimize a customer’s chance of becoming intoxicated by following some basic rules:

Size up your customer. What is his/her build (large, medium or small?) Is your customer male or female? Is he/she relaxed, tired, excited or feeling ill?
Ask subtle questions to promote conversation.
Measure and monitor the strength of the drinks.
Monitor the rate of consumption.
Have food available, either free or from a menu
Never serve a co-worker’s customer without first checking how much alcohol they’ve already consumed.
Remove the empty glass/bottle from the previous drink before serving another.
Slow down service when the customer is drinking or ordering rapidly.
A sound house rule is that “last call” means “last drink”. Serve only one drink. Do not stack drinks.
Closely monitor customers who are celebrating their 21St birthday.
Make a limit on the number of shots permitted to one customer.

SLOWING DOWN SERVICE
It is important to identify the onset of intoxication before it develops into a problem situation. It is easier to slow down service during the early stages of consumption than to stop service when a customer has become visibly intoxicated.

Service should be slowed down without the customer becoming aware of it. Success in handling a customer depends largely on maintaining a friendly demeanor and paying attention to the customer’s needs. Slowing down service “buys time.” Only time will sober up your customer.

Even with the best intentions and most responsible serving procedures, you may still encounter a customer who shows behavioral signs which indicate visible intoxication. When this occurs, service of alcoholic beverages to that customer must be stopped immediately! This might mean having to remove the customer’s unfinished drink and refunding their money. Remember to be courteous, but firm. You may also find it helpful to enlist the help of a friend, but never embarrass a customer. If necessary, try scaring the customer with the risks of driving while intoxicated by using such comments as, “if you’re caught, you will be fined, lose your driver’s license and go to jail,’ and “if you insist on driving, 1 will have to notify the police.” If your efforts fail, it is recommended that you complete and file an Incident Documentation Form.
Arrange a safe way home for your customer by calling a taxi or asking a sober friend to drive him/her home. Remember, liability does not end when a customer leaves your establishment. In fact, that’s when its tragic consequences can begin.

INCIDENT DOCUMENTATION
A completed Incident Documentation Form is a written record of any unusual event that causes you to worry, such as; an accident, a fight, refusing service to a minor or intoxicated person, or a police call. The form can help build a defense in the event of the filing of a lawsuit or an insurance claim. It is your record of responsible service which could prove to be extremely useful for law enforcement, regulatory agencies or courts.

An Incident Documentation Form should be completed IMMEDIATELY following an incident. Do not wait until the end of a shift or the next day. Complete the form while the event is still fresh in the minds of the persons involved. Never
rely on memory. It is also important that you file the report and keep it for at least two years because under the Dram Shop Laws that is the period of time the parties involved have to file a lawsuit.

The following are some examples of when an Incident Documentation Form may be completed:

When service is refused to an intoxicated individual

Note basic information such as date, time, employee and manager on duty.
Include as much information about the incident as possible. Be complete in explaining the guest’s behavior and the reasons why service was refused.
When transportation is arranged for an intoxicated individual-

Note all basic information, including the type of transportation that was arranged.
Note the taxi company, driver’s name and time the person was picked up.

How To Calculate Your Estimated Blood Alcohol Content (BAC)

Showing estimated percent of alcohol in the blood by number of drinks in relation to body weight. This percent can be estimated by:

1. Count your drinks (1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer).

2. Use the chart below and under number of “drinks” and opposite “body weight” find the percent of blood alcohol listed.

3. Subtract from this number the percent of alcohol “burned up” during the time elapsed since your first drink. This figure is .015% per hour. (Example: 180 lb. man – 8 drinks in 4 hours / .167% minus (.015×4) = .107 %

DRINKS

Body weight 1 2 3 4 5 6 7 8 9 10 11 12
100 lb. .038 .075 .113 .150 .188 .225 .263 .300 .338 .375 .413 .450
110 lb. .034 .066 .103 .137 .172 .207 .241 .275 .309 .344 .379 .412
120 lb. .031 .063 .094 .125 .156 .188 .219 .250 .281 .313 .344 .375
130 lb. .029 .058 .087 .116 .145 .174 .203 .232 .261 .290 .320 .348
140 lb. .027 .054 .080 .107 .134 .161 .188 .214 .241 .268 .295 .321
150 lb. .025 .050 .075 .100 .125 .151 .176 .201 .226 .251 .276 .301
160 lb. .023 .047 .070 .094 .117 .141 .164 .188 .211 .234 .258 .281
170 lb. .022 .045 .066 .088 .110 .132 .155 .178 .200 .221 .244 .265
180 lb. .021 .042 .063 .083 .104 .125 .146 .167 .188 .208 .229 .250
190 lb. .020 .040 .059 .079 .099 .119 .138 .158 .179 .198 .217 .237
200 lb. .019 .038 .056 .075 .094 .113 .131 .150 .169 .188 .206 .225
210 lb. .018 .036 .053 .071 .090 .107 .125 .143 .161 .179 .197 .215
220 lb. .017 .034 .051 .068 .085 .102 .119 .136 .153 .170 .188 .205
230 lb. .016 .032 .049 .065 .081 .098 .115 .130 .147 .163 .180 .196
240 lb. .016 .031 .047 .063 .078 .094 .109 .125 .141 .156 .172 .188