Why drunk driving laws are so pathetically unfair to the survivors of roadway violence

Last week, the City told me that a yard blower was a weapon and grounds for arrest when used by a protester to protect others from tear gas. Number of victims: 0. A few days later, the parents of Summer Taylor gave gut wrenching statements during the sentencing of the drunk (drugs primarily) driver who took their child’s life and almost killed another.

Today, I visited the WSDOT criminal wreck yard and examined the carnage left following a drunk hitting a jeep with 3 kids who somehow survived, but were terribly injured. The WSDOT officer who responded to the crash chatted with me while the experts worked. We talked about the inexcusability of these crashes. And the ultimate lack of accountability even upon sentencing. We agreed that each of these vehicles are memorials. They should be taken and left permanently at high schools. Placed in open spaces near highways. Instead of scrapped for junk and forgotten.

Over half of the crash cases I handle involved drivers who are impaired by drugs and/or alcohol. Probably this is because the drunk drivers don’t let up even after the end is near. That foot stays on the gas pedal to the very end. The arms hold that steering wheel steadfast towards the innocent target to the very end. And catastrophe results .

Here are stats:

  • 25% of all traffic-related deaths are the direct result of drunk drivers. (NHTSA) 28% according to the CDC.

  • Each day, 30 people in America die in car crashes caused by a drunk driver. (CDC)

  • As of (2020), about 290,000 are injured in drunk driving crashes every year. (NHTSA)

  • Over 10,000 Americans a year are killed by drunk drivers, about 1,000 of them being children. (CDC) 

So why are the penalties so lenient. Why does it take up to a year or more before a drunk driver is charged in Washington. Why are prosecutors so willing to reduce charges down to reckless driving. Why won’t our legislature increase the length of sentences. Why don’t we permanently take away the privilege of driving a vehicle if a drunk driver kills.

And this is what I come up with.

Our leaders and those who will become leaders or those they care about - have probably driven while impaired by alcohol or drugs. They fear ultimate accountability. They want second chances. An out.

If a dog bites and kills it does not get a second chance under our laws. But if a drunk driver kills someone - at most they will go to jail for a handful or less of years reduced for time served during house arrest while wearing an ankle bracelet. When the time for sentencing comes up and the weeping family of the deceased has spilled out their hearts, the drunk driver can sit there with his back to them. And say nothing. Not I’m sorry. Not one single word.

Driving a vehicle is the most dangerous and frequent activity that we engage in as a society on a daily basis. It is a worsening major public health crisis that we could try to do something major about. But won’t.

Photo: Expert vehicle examiner Mark Olson and my clients’ jeep post drunk driver assault.