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DUI: Paying the cost
Sunday, November 01, 2009
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In a Yountville home, a prayer candle on Ben Leavy’s dresser burns 24 hours a day.

Pictures of the smiling blond boy are posted on the room’s walls. Hand-made prayer flags drape the room’s periphery, with sentiments of grief inscribed on faded construction paper.
This memorial was pieced together after an intoxicated driver spun around a curve five years ago and struck the side of the car in which Leavy was a passenger. He died in a hospital days later, at the age of 12.

It’s a loss that still stings Leavy’s mother, Lori Cagwin.
Cagwin is only one of many who have seen the impact of drunk driving at its worst. Still others, including those who have momentarily or chronically slipped onto the wrong side of the law, have lost jobs and their right to drive. Law enforcement officers say driving under the influence threatens lives, costs millions of dollars and often hurts those who do not drink alcohol at all.

The wreckage
The costs of DUIs range from expensive to astronomical, said Shirin Vakharia, prevention coordinator for the Napa County DUI Task Force, which formed two years ago to address the issue.

The California Office of Traffic Safety found the city of Napa has the eighth highest DUI rate when compared to California cities of similar size and road and traffic conditions.

Vakharia ticked off the costs, to the driver and society at large: Prosecution. Medical care. Insurance rate increases. Law enforcement. Loss of productivity.

“The costs are significant when you start to think about range of things that it affects,” she said.

The price is not always measured in dollars.

For the family of someone who dies in a DUI crash, the emotional impact lingers for years, Vakharia said. Family members often have to close businesses. Those injured in DUI accidents rack up long-term medical costs that court-ordered restitution, paid by convicted drivers, often doesn’t cover, she said.

On June 25, 2004, Ben Leavy and his brother, Shaun, were in Tennessee for their father’s wedding. They were driving just outside of Woodbury, Tenn., on their way to Nashville when the accident occurred. Shaun Leavy remembers clearly the car spinning toward them and the aftermath of the wreck, he said. All four occupants of the vehicle, including Ben, Shaun, his father, and his father’s new wife, were injured and flown to two different hospitals.

The other driver was on anti-depressants, diet pills, cocaine and alcohol, an investigation later found. She was charged with vehicular manslaughter and driving under the influence. Ultimately, she was sentenced to one year in jail and 16 months probation.

She served six months and later had her probation reduced, Cagwin said.

Cagwin said she still feels her son’s loss. She also has spent tens of thousands of dollars in litigation and for counseling for her surviving son. She’s disappointed in the sentence the woman who was driving received.

“She pretty much got away with murder,” Cagwin said.

Most of all, Cagwin mourns the life her son never got to finish.

“We feel little pieces of this horror at a time,” she said.

Shaun, now 21, is still angry at the woman who killed his brother. He suffers from post-traumatic stress syndrome, and has struggled with panic attacks ever since. For a time, he became addicted to a medication he was taking. “It’s just taken me awhile to finally get my life together,” he said.

A tragedy with many levels

Like Cagwin, Lydia Ruiz of Calistoga lost her son after a drunk driver hit him on Feb. 14 of this year. Alex Ruiz, 22, was driving from Sebastopol to his Oakland home on Highway 116 when a 18-year-old ran a red light and hit the car Ruiz was driving.

Dylan Morse was sentenced to 12 years and four months in prison, though a Sonoma County judge has ordered a hearing for this month in which he might reduce the sentence.

“There are many levels to this tragedy,” Lydia Ruiz said. “There’re many areas where I think this whole night could have been prevented.”

Ruiz isn’t angry at the driver, but she hopes that he learns something. “I have a lot of compassion for him as a mother,” she said. “I can have compassion for him. I’m sure his family is suffering greatly because of what he did.”

Missing the point?

Law enforcement officers and others say it is unlikely that a person caught for drunk driving has been stopped the first time they’ve endangered themselves or others. This observation cuts both ways. On one hand, it suggests that the drivers have too often put others at risk and should face severe consequences. On the other, it suggests the problem is not one the criminal justice system is designed to solve.

Alcoholism is often behind the crime for the repeat offender, said Mark Pollock, president of the Napa County Bar Association. Pollock said he prosecuted 350 drunk driving cases when he worked at the Napa County district attorney’s office. Sending those in that category to jail doesn’t treat the underlying condition, he said.

“It just doesn’t work, and the more you treat it as a crime, the more you miss the point,” he said.

Defense attorney Paul Burglin said although there are some who treat a DUI conviction as a “mosquito bite,” the consequences can be devastating. Since all DUI convictions result in a temporary suspension of driving privileges, many who must drive for work face hardships or even lose their jobs. The names of drivers appear in newspapers, on Web sites and their convictions appear in background checks for job-seekers.

“For an otherwise law-abiding citizen, that is a blemish on their record that can be really humiliating,” said Burglin, who has offices in Marin and San Francisco but often represents Napa clients.

Drinking and driving may be a single type of crime in the eyes of the law, but it is not a one-size-fits-all category. “When you talk about fairness, it’s hard to use a broad brush because different people have different circumstances, both relative to the effect itself and relative to the impact on them,” he said.

For officers in their patrol cars, it is a matter of public safety and whether drivers are in compliance with the law. California Highway Patrol Officer Jaret Paulson said the risks of allowing impaired drivers to take the wheel are too great to let them go with warnings. Law enforcement agencies, as well as businesses and others, risk significant liability if they give drunk drivers a pass, he said.

Wine country

The fact that Napa County is in the heart of California’s wine country affects perceptions and realities about drinking and driving here.

Living in wine country increases the opportunity for errors in judgment, said Vakharia.

Alcohol, she said, is “a very strong part of our culture. It’s a very strong part of how people socialize. It definitely increases our risk.”

The Napa County DUI Task Force conducted a survey and found that 30 to 40 percent of people were drinking at licensed businesses, such as bars or wineries, Vakharia said.

“Typically, when communities deal with drinking and driving they tend to focus on the individual’s behavior,” she said. “Oftentimes, we don’t look at the environments or the settings (where) the behavior is occurring.”

The task force’s efforts have focused on changing business practices. This includes encouraging employers to train workers on recognizing signs of impairment, for workers to avoid drinking and asking businesses not to offer drink specials or happy hours.

The task force has also coordinated an awareness campaign, handing out cards with taxi phone numbers and the serving sizes of drinks, Vakharia said.

Similar efforts have been for years a part of the program for the Napa Valley Vintners, which includes some 350 local wineries.

Vintners’ spokesman Terry Hall said the organization has a vigorous drunk-driving awareness training program headed up by former California Department of Alcoholic Beverage Control Jerry Jolly. It offers regular trainings to tasting room employees and volunteers who pour at some of the valley’s large wine galas.

Hall noted that statistics on DUI convictions here, including some gathered by the Register three years ago, show that Napa County does not have a higher percentage of tourist-related DUI convictions than other counties. Conditions here began to improve years ago when wineries discouraged “party busses” and began charging money for tastings, he said.

On the lookout

When it comes to DUI enforcement in Napa County, the heat is on.

The “Avoid the 9” campaign is a collaboration of nine local agencies working on drunk driving enforcement and prevention, said Napa Police Sgt. Tom Pieper.

Under a grant from the National Highway Traffic Safety Administration through the California Office of Traffic Safety, the campaign is beefing up drunk driving patrols and conducting regular DUI check points.

The most recent grant will fund the Napa area “Avoid the 9” campaign through Jan. 31, 2012, he said.

Separately, the city of Napa recently received a $124,359 year-long state grant to fund more checkpoints and additional patrols.

That grant helps explain the significant boost in DUI arrests in the city this year.

Loss into action

Both Ruiz and Cagwin, like many of those who have lost loved ones to drunk driving, have turned their loss into action.

Cagwin is trying to form a Yountville Mothers Against Drug Drivers group. Ruiz is also involved in MADD and has written letters pushing for stricter legislation regarding drunk driving.

She recently participated in a fundraising walk for the cause.

Ruiz urges parents to encourage their children to wait to drink until they are of legal age and to set a good example themselves.

“Parents have such an important role and need to exercise that role,” she said.

Ben Leavy would be 18 and in college had someone not chosen to drink and drive, Cagwin said. She asks that others not make the same mistake if they have been drinking.

“Don’t drive,” she said. “Have someone bring you home. It’s not worth the nightmare of killing someone.”
14 comment(s)

Grommitt wrote on Nov 1, 2009 8:17 AM:

" Spitbuckets in the tasting rooms! "

Tiger23 wrote on Nov 1, 2009 10:33 AM:

" The statement, "Hall noted that statistics on DUI convictions here, including some gathered by the Register three years ago, show that Napa County does not have a higher percentage of tourist-related DUI convictions than other counties," enrages me. Of course Napa County does not have a higher percentage of tourist-related DUI convictions, however has anyone ever thought why? Wouldn't it actually HURT our local industry if Napa County was known to all of our tourists as a DUI central place? Ask ANY person you know that has been through a DUI course the percentage/number of non-local residents attending the same course. Or pick up the Napa Register and scan the names/cities of the monthly DUI reports...over 90% of the "offenders" are Napa County (or local) residents. Most DUI "convictions" occur later at night - when locals are out - not during the time when tourists are leaving that last winery they could squeeze in during the six-seven hour wine tasting day. I have seen plenty of tourists intoxicated and arriving into local businesses - all from their own vehicle - on a daily basis. I do not promote or even denounce the ill effects that arise from driving under the influence, however it is poor judgement of the Register to state these skewed "findings" without a real investigation of their data. "

happyday wrote on Nov 1, 2009 1:01 PM:

" Thank you Tiger23. Whether or not we have a higher percentage of tourist related DUIs than other counties is irrelevant, unless we're looking at comparative statistics with ourselves, on how we as a county have actively sought to reduce the DUI rate amongst both residents and visitors.
That being said, I applaud the Napa Register for these excellent articles, and thank the reporters for their diligent research. Bravo to a the Register and its staff for a job well-done. "

Maya wrote on Nov 1, 2009 1:43 PM:

" Wineries should definitely step up and invest in breathalyzers in their tasting rooms. It's their social responsibility! The negative publicity should be enough to encourage them to take charge and look like they are actually doing something to prevent DUIs. "

vocal-de-local wrote on Nov 1, 2009 7:12 PM:

" Very good idea Maya! "

thoughtank wrote on Nov 1, 2009 7:15 PM:

" My heart goes out to the Cagin/Leavy and Ruiz families for the loss of the young men in their family. I cannot imagine how painful this must be for them and wish them all the best in their journey toward healing.

I also want to applaud them for sharing their stories and for working to enact stiffer penalties for drivers who choose to drive while intoxicated.

Thanks also to the law enforcement officers who put their lives on the line everyday in dealing with drunk drivers. It's very risky pulling someone over as it creates a traffic safety issue for the officers, not to mention the unpredictable nature of dealing with an intoxicated driver.

We can change the culture of drinking and driving that currently exists but it will take a unified effort and zero tolerence.

One thing we can all do is report suspected intoxicated drivers that we encounter on highways. Try to get a description of the vehicle, the location and direction it is traveling, a vehicle license number, a description of the driver and the number of occupants in the vehicle. Call 911 and report it. You may save someones life by this simple act alone. "

napahawaiinapa wrote on Nov 2, 2009 4:20 AM:

" Why do we have to be this ignorant...this should never be an issue...Can't we at least control our need for alcohol in the first place? Why does it have to be involved in any social activity? It only causes problems, driving, walking, eating, liver failure, and the list goes on and on..we should have complete control over a beverage..in my opinion..it's not even considered a drug so why so many problems..It is obvious it is a drug and very, very addicting. I don't speak without experience--20 years ago, I drove drunk, and did for several years here and there and I don't know how I got home but could see my car where I normally parked it and figured out that I probably drove it home. This very day, I still get a shock-like sensation when I think of what could have happened. That, coupled with experiencing other people and 'alcoholism' I will never drink again. Can't we all just stop drinking? The problems will never stop until the drinking does..another thing--alcoholism is more than a drunk-driving problem, as stated in the article that was exactly what I've been waiting to read for many years..thank you to those responsible for that and the other article regarding driving drunk...the next article, that should have come first, should be about drinking alcohol, period. It's not only driving that a person addicted to alcohol should not be doing--due to being drunk with activities of daily living, which include every waking moment. As stated, this will NOT get better or go away as long as alcohol is involved..and that's the bottom line. Of course repeat offenders of DUI are alcoholics, so that should be our focus if we expect anything to improve, point-blank!! "

LCC Yountville wrote on Nov 2, 2009 1:28 PM:

" Thank you Napa Register for taking the time to do such an in depth report on drinking and driving involving the physiological effects on the brain, the cost to human life, and the necessity to search for solutions. Your recent article and positive responses posted here gives me hope to continue working towards solutions in reducing DUI tragedies.
I am appreciative of the time your reporter, Ali Wyman, took with me and my son in addition to the time your photographer, Jorgen Gulliksen, spent at our home. Our stories were difficult to tell and to stomach and they did so bravely. They understood.
In reading responses to this article online, I am also heartened to hear the positive acknowledgment of this very serious problem in our society. In the 5 years since my son's death, 3 family members and 5 friends have received DUI's. These people loved my son Ben, yet they did not correlate Ben's death with their actions. This behavior provides undeniable proof that no one can make good decisions when impaired by the effects of alcohol. No one can drink and drive.
Recently, MADD was successful lobbying for breathalizer devices for all DUI convictions in California. We, as individuals, must also lobby for improving the DUI status quo.
The Napa DUI Task Force and Supporters and the Napa Register have brought this very important crisis to the forefront. To save one person's life is a sobering, serious goal. Many thanks to the Register for increasing our awareness about this important life saving issue! "

John Richards wrote on Nov 2, 2009 7:32 PM:

" "I also want to applaud them for sharing their stories and for working to enact stiffer penalties for drivers who choose to drive while intoxicated."

Would these deaths have been any less tragic had they been caused by a speeding driver or one using a cellphone illegally? Why then call for stiffer penalties for DUI drivers only? Such disparate treatment seems unfair. "

thoughtank wrote on Nov 2, 2009 10:30 PM:

" I think you're missing the point, Mr. Richards. The focus here is on the tragedies caused by drivers who choose to drink (and/or take drugs) and drive. The Register has also done stories on how talking on a cell phone can impair driving and on the problems of speeders and reckless drivers.

One thing I would like to note also, is that drug and/or alcohol impaired drivers often make concurrent bad decisions when they're driving under the influence. Thus, they often choose to speed or engage in equally dangerous behavior that increases the chances of an accident occurring. Getting them off the roads goes a long way toward increasing road safety.

I agree that we should treat all reckless drivers or drivers who engage in dangerous behaviors seriously.

Changing out culture is a step-by step process and this wonderful series by the Register just happened to focus on this aspect of safety. "

John Richards wrote on Nov 3, 2009 9:30 PM:

" " this wonderful series by the Register just happened to focus on this aspect of safety. "

Unfortunately NVR chooses to emphasize DUI way above other types of reckless driving. For example, only DUI gets a monthly listing by name of all offenders. It is ludricous to suggest that there is equal coverage. "

LCC Yountville wrote on Nov 4, 2009 9:17 AM:

" There should not be equal coverage. "

LCC Yountville wrote on Nov 4, 2009 9:56 AM:

" Compliments of a MADD educational flyer:

One of our nation's largest preventable problems plaguing our roadways & highways is impaired driving.

More deaths & injuries are caused by impaired drivers than any other violent crime, including hand guns & knives combined.

Nearly 1600 Californians are killed & 32000 are injured annually in alcohol related crashes. On average, someone is killed on our nation's highways every 30 minutes because a conscious choice is made to drive after consuming alcohol or using other drugs.

Driving under the influence (DUI) is a senseless, unfair & devastating violent crime that impacts all of us. Lives are changed forever for innocent victims & their families. Those who choose to commit this crime, if arrested & convicted, can serve county jail or state prison time.

The offender's personal consequences can include separation from children & family, loss of job, loss of family support, a criminal record for 10 years, loss of community respect & living with the terrible knowledge of having injured or killed an innocent person.

Something to think about... every time you get into your car & drive, you are trusting that everyone else on the road is driving sober & will not jeapordize you or your family's safety by making an irresponsible choice.

Please, if you are going to drive, think about your safety, your family's safety & the safety of all the others with whom you share the road.

Remember, alcohol is a drug and impairment begins with the very first drink. "

realitybites wrote on Nov 5, 2009 11:53 AM:

" Yep, impairment begins with the first "taste", let alone sip. Every drivers personal safety is put at risk each time you talk on a cell phone, speed, text while driving, run a red light and fail to use a turn signal. Where are the MADD statistics for injuries and deaths involving excessive speed? There is no "breathylizer" for prescription medications either. Ever heard an officer ask . . . "have you taken any prescription medication today?" But then again - how would they know without a blood test? Perhaps each person who is ever pulled over should have to give blood. That way we can all be safe. Furthermore, if you use a cell phone, speed, run a red, forget to use a turn signal, you should pay thousands in fines, loose your license for 6 months, have to attend classes and get your name on a list of shame for all to see - forever and ever. "

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