Utah Governor Proposes Tearing Down “Wall of Zion”; Takes Lead in National DUI Catch-22
(Catch-22: a dilemma or difficult circumstance from which there is no escape due to mutually conflicting or dependent conditions.)
Although the death rate in the U.S. due to drunk driving is fluctuating downward over he last few years, approximately 10,000 highway deaths per year is still unacceptable, especially, when our administrative safety leaders continue to call for “Zero Fatalities.”
The NTSB (National Transportation Safety Board) and MADD (Mothers Against Drunk Driving) are the leading proponents in this continuing highway safety battle, yet the DUI fatalities are still occurring at an alarming rate. And it’s not until it touches you personally that the reality of this social tragedy hits home.
MADD pushes education programs for teens, the NTSB is great at reconstructing accidents and producing PSA’s (Public Service Announcements) and highway billboards warning of the already obvious dangers of drinking and driving, notwithstanding texting. I’m sure you’ve seen the billboard showing a young man taking a breathalyzer test with the headline, “You Just Blew $10,000.” And it’s true, the financial implications are devastating, and the social implications are worse. Imagine having your personal transportation right taken from you, not to mention jail time ...and some consider the $10,000 in fines and court costs to be a gross underestimate.
Whether you are a social drinker or a hard core drunk, you are putting other peoples’ lives in danger when you are on the road driving intoxicated. The current legal BAC (Breath Alcohol Content) limit in the U.S. is 0.08%. In many countries worldwide it is 0.05%. The NTSB says the risk of a crash at 0.05% is about half of that at 0.08% and has been recommending lowering the national BAC to 0.05%. It’s curious why the legal limit hadn’t been lowered years ago. The alcohol industry must have as strong a lobby as the NRA.
Recently, however, Utah lawmakers are looking at this issue with a smart eye toward doing something that works. Governor Gary Herbert wants to “tear down that wall” ..the legendary Wall of Zion, which calls for a seven foot wall between the drink preparers and the drink servers at restaurants. This ridiculous, antiquated law now in effect has absolutely no affect on the problem. Herbert feels that the money spent on complying and enforcing this piece of nonsense law would be better spent on something that actually reduces DUI fatalities
Utah lawmakers have also proposed a 0.05% BAC level for the State which, if passed, would make Utah the first state to adopt the lower BAC.
Smarter, stricter laws, heavier fines, education programs, billboards, PSA’s ...and we’re still allowing 10,000 people a year to be killed by drunk drivers. Killing themselves, and worse, killing us and our loved ones. What can we, what should we do? Something must be done!
But wait! I’ve left out the most important factor in the DUI equation. There are the law makers and enforcers, the safety administrators and organizations, and there are the drunk drivers. And they are all seemingly doing their best to either perpetuate or eradicate the problem. But what about the alcohol industry itself? What are they doing to help? Not much, really. No matter how many “drink responsible” PSA commercials they buy on prime time sports television, and no matter how heartfelt they appear in their sincerity to address the DUI problem, their job and mission is to sell as much alcoholic beverage as they can. That’s the harsh reality of it.
Catch-22.
So, what to do?
Aside from Utah lawmakers trying, heroically, correctly and unremittingly to lower the legal BAC level from the current 0.08% to 0.05% which, according to the NTSB, will cut the DUI accident percentage risk in half, new technologies are constantly being improved and developed toward zero DUI fatalities. Several companies, one being located in Utah, have developed an advanced kiosk-style breath analysis system for checking a person’s BAC at a drinking establishment before he gets on the road. Because now, the difference between a BAC of 0.08% and 0.05% can be life changing ..devastating, costly, injuries. Death. But you’re covered, right? You can buy a personal breathalyzer and check your own BAC. Besides, if you are a drinker, social or professional, you pretty much know where you’re at on the BAC scale.
All true, but here’s the beauty of these new, advanced systems. The kiosk units are set up in bars and restaurants wherever alcohol is sold and served. The owner pays a license fee. They are law enforcement calibrated and approved. The kiosks are touch screen interactive, and will, for free, call a cab or car service for you and your party. Nice touch ...a clean, easy and comfortable way to reduce risk.
Risk management is the name of the game.
But there’s more. Underwriting sponsorship is available to brewers, spirits distillers, distributors, or any business whether it be alcohol related or otherwise ..realty, insurance, automotive, etc. Currently, in Utah, Miller/Coors has purchased sponsorships at kiosk locations in the state. Their brand is displayed directly on the kiosk, and their commercials can be played, viewed, or skipped, on the BAC screen at the patron’s discretion.
This puts some teeth and credibility into their “please drink responsibly” message. Now, liquor companies can actually get involved in the fight against impaired driving.
Utah lawmakers, in the past few years, have already proposed legislation that requires breathalyzers in bars and restaurants for the specific purpose of reducing DUI fatalities. But that legislation is difficult passing due to perceived issues of liability, and drink sales, which are appropriately addressed by the proponents and the developers of the new technologies.
Just look at the safety awareness message this whole scenario sends to the general public, to America ...to the parents of teens, to problem drinkers, to all alcohol constituents ...the message is that the magnitude of the DUI problem is recognized and understood, that risk management is the focus, and that someone actually has a working idea toward a equitable course of action.
Although our national safety administrations and organizations, and most importantly, our law makers and enforcers, are contributing to the zero fatalities they propose to drunk driving, in my view it will be the alcohol industry ...the brewers, distillers, the wholesale distributors and the serving establishments, and the drinkers themselves, who will have the greatest chance to make the biggest impact, and help to eradicate this continuing national tragedy.
John Kushma is a communication consultant and lives in Logan, Utah.
