Preventing Substance Impaired Driving and Child

PREVENTING
Substance Impaired Driving
and
Child Endangerment
Kids should never have to be put into
danger. My son Gavin was only 10 years
old when he was killed in a crash while
riding with his Dad. My kids were on a
forced custody visit with their father
who had previous OWIs. He hadn’t
been on the road for more than two
minutes when he caused the crash.
Gavin did not have a choice that day
because the person he had to trust
took that away from him. Gavin paid
the ultimate price for someone else’s
poor choices. You have to be your
child’s voice. Drunk driving is a choice
that people make. It’s something that
shouldn’t happen; it can be prevented.
My hope is that by sharing Gavin’s
story, some other child will stay safe.
Hold on to those who are most precious
to you, because life can change in the
blink of an eye.
Julie doesn’t
consider herself
a victim, but
a survivor. She
speaks to groups
to advocate
for change
to keep
children safe.
Index
Someone You Know Drives While
Substance Impaired
Identifying Addiction
Understanding Addiction
Facing Addiction and Managing Addicts
Preventing Substance
Impaired Driving
Myths and Facts about Driving While
Substance Impaired
The Difference Between Impairment
and Intoxication
Alcohol
Drugs
Knowing Consequences May Help You
Be More Persuasive
Taking Action
Child Endangerment
Growing Concern for a
Widespread Problem
Child Endangerment Laws and Statutes
What Can Be Done to Help
Protect Children?
Helpful Strategies for Concerned
Parents, Grandparents,
and Family Members
Child Safety Measures
Final Thoughts
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2
3
3
5
6
9
9
10
11
13
18
19
20
22
23
25
26
Someone You Know Drives While
Substance Impaired
If you are reading this brochure, you may
be in a very difficult and frightening position
of knowing someone who drinks and/or
uses drugs and drives. There are no easy
answers, and you may have some strong
feelings about the issue. It could be your
neighbor, an acquaintance, or even a loved
one. You might care about the person, but
hate and fear their behavior. You may feel
angry about irresponsible decisions that
they have made. You may even be spending
time and energy protecting your friend or
loved one from the consequences of their
own decisions. You may live in fear that one
day this person might be injured or killed in
a substance impaired driving crash, or injure
or kill someone else.
Substance impaired driving is defined
as driving while impaired by alcohol and/
or drugs. It is illegal
Substance
in every state in
impaired
driving
the U.S. to drive
is one of the
at a Blood Alcohol
most frequently
committed
Concentration (BAC)
violent
of .08 or greater.
crimes in the
United States.
It’s also possible to
be impaired with a
combination of alcohol and drugs or drugs
by themselves. Illicit drugs, as well as some
prescription drugs, can cause impairment
making it dangerous to drive while taking
such drugs.
Substance impaired driving is one of the
most frequently committed violent crimes
in the U.S. Over 10,000 people a year are
killed and hundreds of thousands injured
e
each year as a result of substance impaired
driving. Due to the size of this problem,
countless people know what it is like to
be concerned about someone who drives
while substance impaired. We hope this
information will provide you with some
options to help the substance impaired
driver stop the behavior you are witnessing.
Keep in mind that a strategy that works
in one situation may not work in another.
Sometimes it is only the court system or the
person themselves who can ultimately make
a change.
Identifying Addiction
An addict is physically and/or
psychologically addicted to alcohol and/
or drugs. Many people who drive while
substance impaired do so as a part of an
addiction to alcohol and/or drugs. If you
think that someone you know might have an
alcohol or drug problem, it is important that
you encourage the person to see a doctor or
other health care provider right away. They
can help determine if a problem exists and
help plan the best course of action. Although
some people are able to recover from
addiction, most will need help in doing so.
Here are some common things to look for
when trying to identify if someone may have
an addition to alcohol or drugs:
• They may stop doing the things that
they used to enjoy, like hobbies,
hanging out with friends or family
members, or taking care of themselves
physically and mentally.
• They may have unexplained
disappearances of a few hours or days,
as they may be attempting to hide their
drug or alcohol use.
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• They may start having difficulty with
money, paying bills late or stealing from
family members or friends.
• They may have strong mood swings, and
can be angry and depressed (usually
when going through withdrawal from
alcohol or drugs) which can change to
very happy and excited when they have
had access to drugs or alcohol.
Understanding Addiction
If you believe your friend or loved one
may be an addict, it
is important that you
begin to understand
How does
how this can affect
addiction
them. If untreated,
affect
they will rely more
people?
and more on alcohol
and/or drugs to
function and may
ultimately die as a result of their addiction.
• Addicts tend to blame other people
and situations for their addiction.
The fact is, they drink or use drugs
because they are addicted.
• Addicts cannot stop their addiction
without assistance. It is very
important that you seek assistance
from a trained professional who helps
people with addictions.
• Men, women, and children of all ages
and races can become addicts.
• Addiction becomes worse without
intervention and can ultimately be fatal.
Facing Addiction and
Managing Addicts
Facing addiction can be as tough for
family and friends as it is for the addict.
Here are some tips to help you handle this
tough situation:
• Admit the truth. Acknowledge that the
person has a problem and may be an
addict.
• Learn about addiction. The more you
understand about addiction, the better
you will be able to cope with the addict,
your family, and yourself.
• Don’t blame yourself. Don’t allow the
addict or anyone
else to blame you
for their addiction.
You neither caused
it nor can cure it.
Don’t
blame
yourself.
• Continue with
your own life.
Don’t allow
someone’s addiction to control your life.
Pursue life activities that are meaningful
to you and your family.
• Seek assistance. Encourage the
person to enter a treatment program.
Regardless of the response, consider
seeking out a program to help yourself.
You will meet others who live with
addicts and learn ways to cope with
them. A counselor or programs like
Al-Anon al-anon.org or Nar-Anon
nar-anon.org, which are programs for
families of alcohol or drug addicts, may
be able to help you know how to address
the problem.
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• Make a plan. If you live with a person
who refuses to change, consider asking
him or her to leave. Or, you may need
to leave, yourself. Loving someone with
an addiction does not require you to
witness their destructive behaviors. You
must be the one strong enough to take
action to change the situation. Consider
making a plan with the help of your
family and other trusted advisors
(such as a professional interventionist)
and be prepared to follow through with
the plan.
Never ride
• Never ride with
with a person
a person who
who is
is driving while
driving while
substance
impaired. This
substance
protects your
impaired.
safety and gives a
clear message that you will not tolerate
or condone such behavior.
It takes courage to say, “I think my friend
or family member is an addict.” Follow up on
that courageous admission by going online
and searching for services in your area to
treat addiction, or help find assistance for
yourself. You can contact the Alcohol and
Drug Treatment Locator from Substance
Abuse and Mental Health Services
Administration at 1-800-662-4357 or online
at samhsa.gov to find a local rehab facility.
Preventing Substance
Impaired Driving
In addition to those with diagnosable
addiction problems, there are those who
merely do not consider the dangers of
driving while substance impaired. Even if
your friend or loved one does not meet the
official criteria established for identifying
addiction, they may continue to behave in a
dangerous and harmful way by driving while
substance impaired.
There are a number of people who
underestimate the impact of alcohol and/
or drugs on their physical and mental
capabilities. Despite the fact that some
people feel more outgoing when they’ve
consumed alcohol or drugs, often it will
affect the central nervous system, which
impairs vision, coordination, judgment, and
reaction time. Because judgment is affected,
the person consuming alcohol and/or drugs
usually believes they are okay to drive, but
they may not make the safest decision in
that state of impairment.
Different types of drugs affect the
body differently. Something as benign
as ibuprophen, when
taken in high doses
Different
can actually kill you.
types of
Some drugs bring your
drugs affect
body up and make you
the body
excited or jittery. Other
drugs, such as alcohol
differently.
are actually depressants
to your system.
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Myths and Facts About Driving
While Substance Impaired
There are numerous misconceptions and
myths about alcohol and drugs that may
lead someone to believe that it is acceptable
to drive while substance impaired.
Myth 1: Many people believe that after
drinking or taking drugs they will be capable
of making a decision regarding whether or not
they are, or someone else is, okay to drive.
Fact: You can’t tell is someone is safe to
drive just by looking at them. Not everyone
exhibits obvious signs of impairment after
consuming alcohol or drugs, such as slurring
their words or having
trouble walking.
You can’t tell
Some people who are
if someone is
substance impaired
able to drive
don’t have visible
just by looking symptoms. When
at them.
alcohol is involved,
the amount of alcohol
required to become
impaired differs according to how fast you
drink, your weight, your gender, and how
much food you have in your stomach. It’s
also possible to drink a smaller amount of
alcohol but because it has been combined
with an additional drug the combination
creates a larger amount of impairment.
Because of these variables, the safest choice
is to not drive after you’ve been drinking or
taking drugs that may impair your driving.
Myth 2: Beer and wine are less intoxicating
than hard liquor.
Fact: A 12-ounce can or bottle of beer, a
5-ounce serving of wine, and a 1.5-ounce shot
of liquor all have about the same amount
of alcohol. A six-pack of beer has about the
same alcohol content as six average mixed
drinks. However, you can’t tell how much
alcohol someone has had by just counting their
“drinks,” or number of glasses, they consumed.
Some mixed drinks contain more than one
shot of alcohol. Some people believe that one
kind of alcohol affects them more or less than
another; but a standard serving of alcohol has
the same power to affect the drinker regardless
of the type.
Myth 3: Coffee, cold showers, exercise, or
other home remedies can make someone sober.
Fact: Nothing can speed up the body’s rate
of processing alcohol or drugs except time.
While a number of factors affect how quickly
someone becomes impaired (how much they
weigh, how much food is in their stomach, their
gender, etc.), the body needs about one hour
to process each serving of liquor. A person who
has had five drinks in two hours has burned
off only about two of the drinks and will need
at least three more hours of non-drinking
time to become completely sober. In addition,
some drugs leave the system very quickly,
while others will last for hours. If someone isn’t
familiar with how a drug works, they may not
know how long the effects will last.
Myth 4: As long as the drug is one that’s
been prescribed, it’s legal to drive while
taking it.
Fact: Some drugs, whether prescribed
or illicit, aren’t safe to take while operating
a motor vehicle. It’s important that people
who are prescribed
drugs find out from
Some
their doctor whether
prescription
or not it’s safe to
and illicit
drive after taking their
drugs can
prescription, often this
cause driving
information is written
impairment.
on the prescription
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bottle. It’s also important to note that if you
take a prescribed drug in a larger dose than
prescribed or with alcohol, it may cause
serious impairment.
The Difference Between
Impairment and Intoxication
At what point does a person become
impaired? Impairment is the point where
one’s intake of alcohol or drugs affects their
ability to perform appropriately.
Alcohol
With alcohol, the impairment process
begins with the very first drink. At low BAC
levels, some people may not appear to be
impaired, but their judgment, coordination,
and reaction time have been affected. Since
it takes time for alcohol to leave the stomach
and enter the blood stream, a person may
continue to become more impaired for a
period of time following their last drink.
At what point is someone considered
legally intoxicated? Intoxication is a
legal term that establishes a certain level
of alcohol in the blood as the point of
impairment severe enough that criminal
sanctions are enforced for driving. Most
people are impaired before they become
legally intoxicated. In the U.S., the illegal
limit for alcohol intoxication is .08 BAC.
It has been shown that all people are
intoxicated at a .08. For those under the age
of 21, it is illegal to drink and illegal to drive
with any measurable
amount of alcohol in
The safest
the bloodstream.
rule is to
never drive
after drinking
or taking
drugs.
Regardless of
whether or not
someone drinking
alcohol believes he
or she can drive, the law in all 50 states says
that a person is intoxicated and must not
operate a motor vehicle if the BAC reaches
.08. The safest rule to follow is to not drink
and drive and never ride with anyone who
has been drinking.
Drugs
Impairment varies from drug to drug. An
over-the-counter drug like ibuprophen may
not provide any form of impairment if taken
at a normal dose. However an illicit drug, like
heroin, would cause significant impairment
right away and can last for hours.
Laws regarding driving under the
influence of prescription and illegal drugs
have been implemented in some states
and set a standard level of intoxication for
each drug. Often times, a case involving
drug impaired driving will rely on a police
officer administering special tests to gauge
impairment. There are even police officers
specially trained as Drug Recognition
Experts that are called to the scene when
drug impairment is suspected.
Ultimately, the decision to drive while
substance impaired rests with each
individual. While you have more control
over making safe choices for yourself, you
cannot control other people. You can point
out that there are dangerous and deadly
consequences of driving while substance
impaired and often that may motivate
a person to change his or her behavior.
However, you should not feel guilty if, in
spite of everything you do, the person
you are concerned about continues to
drive while substance impaired. You must
acknowledge that you cannot control him or
her, and focus on protecting others on the
roads and highways.
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Knowing Consequences May Help
You Be More Persuasive
There are real and serious consequences
for driving while substance impaired. Being
aware of these consequences may be helpful
in your conversations with the person you
are concerned about. Again, you may not
be able to convince
them to change
their behavior, but
Be aware
knowing some of the
of the
challenges they may
face, if caught, might
consequences.
trigger a positive step
towards them making
a change.
Driving while intoxicated is a crime in
every jurisdiction in the United States.
State legislatures continue to address the
issue by toughening existing laws and
passing new ones.
Some states have mandatory jail terms
for first-time offenders convicted of drunk
driving. Many make offenders pay a large
fine plus standard court costs and fees. In
addition, many states suspend the offender’s
driver’s license for a period of time, when
the driver is pulled over, if their breath test
shows a BAC at or above .08 or for refusing
a test. Even those states that do not revoke
a license have the option to do it at the time
of conviction. Although individuals may
choose to continue driving without a driver’s
license or insurance, they are likely to be
charged with the additional offenses if they
are stopped by law enforcement.
In some states, people convicted of a
DUI/DWI are mandated to have an ignition
interlock device installed on their vehicles.
In most states, after a certain number
of offenses, a person can be declared
a habitual offender. That, too, carries
additional criminal penalties up to life in
prison. Many states have also amended their
criminal substance impaired driving statutes
to enhance the penalty if a child was in the
vehicle at the time of the offense. To find
out more information about the laws in
your state search “legal code” online for
your state.
Besides the criminal consequences of
substance impaired driving, there is also
the possibility of civil lawsuits in cases
where property damage, injury, or death
resulted from a substance impaired driving
crash. Win or lose, attorney fees for civil
suits can be enormous. If a judgment is
found against the offender, transferring
assets does not protect them. Since 1984,
declaring bankruptcy does not relieve the
offender from financial obligations. Even if
the person does not currently have assets or
income, civil judgments can be charged to
future assets, endangering future earnings
or inheritances. Furthermore, if you are the
spouse or legal guardian of the person being
sued, or if you provided the car or alcohol
involved in the drinking and driving offense,
your assets may also be at risk.
In addition to criminal and civil penalties,
some convicted substance impaired driving
offenders lose their jobs due to the policies
and procedures in their work place. Those
who are convicted and who are separated or
divorced may also find visitation rights with
their children curtailed if this information
becomes known to the divorce court.
Insurance rates for those who have a DUI/
DWI conviction increase or their policies are
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canceled outright, requiring the purchase
of new insurance at even higher rates. Any
person insured under the same policy as the
offender may also have difficulty obtaining
new insurance. This is true even if you are
separated from the offender.
Along with legal and financial consequences,
there are social and emotional consequences
to substance impaired driving. When a crash
occurs, people are often killed or injured.
Furthermore, families, friends, and even entire
communities are affected by these crashes.
Often those who caused the crash are left with
feelings of grief, regret, and exclusion. The
crash may strain or even sever relationships
with those they are close to.
Taking Action
By being aware of alternatives and options,
you may be able to have an impact on the
problem. Not only are there options you
can recommend, there are courses of action
you can take if you are concerned about the
safety of your friend
or loved one. Some of
the recommendations
You can
may seem extreme,
make a
however, remember
difference. you are trying to keep
someone you care
about safe and alive.
Designate a Driver
One simple and effective alternative to
substance impaired driving is to develop a
plan before leaving home. Selecting a nondrinking designated driver, a person who
agrees not to drink alcohol or use other
drugs, will help everyone get home safely.
The designated driver is selected before
drinking begins, stays
sober, and drives adults
Plan ahead,
who have been drinking
know how
home. The designated
you are
driver may also pick
getting home
everyone up so no one
safely.
is tempted to drive
home after drinking
or taking drugs. It also prevents leaving an
unattended car overnight, placing the car
owner at risk for a ticket, tow, or vandalism.
Plan on Public Transportation
If your group does not have a designated
driver, you should plan to use public
transportation (buses, subways, and trains), if
available, taxis, or designated driver service.
Most bars and restaurants are more than happy
to call a cab for their patrons. Walking home
is infinitely more preferable than substance
impaired driving. However, all cities have public
intoxication statutes that may be enforced if
a person appears to be intoxicated in public,
and even walking home impaired can be
dangerous. Planning for a non-drinking driver is
the safest and easiest way to get home.
Be Smart at Home
When serving alcohol in your home, make
a plan for getting guests home safely, before
the party starts, and when they are sober and
clear-headed. This is a way to resolve issues
before anything dangerous happens. If they
become belligerent, you can consider hiding
the keys, getting someone else to help, or
calling the police. Just remember your own
safety. Do not do anything that would put you
in harm’s way.
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Know Who You Can Call
Contact Local Law Enforcement
If the person of concern continues to drive
while substance impaired in spite of your
efforts, call the police immediately after he
or she leaves and give a description of the
car, the driver, and the direction of travel.
This can be done anonymously. Be aware
that law enforcement agencies vary widely in
their interest and ability to respond to such
calls, but many law enforcement agencies will
make an effort to locate the vehicle.
If they do spot it,
they will be able to
Call law
pull the car over only
enforcement
if they have probable
to report a
cause to do so. This
substance
means the police
impaired driver.
officer must observe
the vehicle being
driven in such a way that the officer believes
the driver may be intoxicated. In most states,
your phone call alone will not be enough for
the officer to justify stopping the car. Many
states have a toll-free hotline for reporting
suspected drunk drivers. Your State Highway
Patrol or State Police can tell you if such a
number is available in your state.
Contact the Department of Motor
Vehicles or Department of Public Safety
If you have reason to believe that a person
has provided false information to obtain
a fraudulent driver’s license, call either
the Department of Motor Vehicles or the
Department of Public Safety in your state
and report this information. Lying or failing
to provide accurate information in order
to obtain a license is a criminal offense
punishable by license revocation and/or jail.
You may make the call anonymously, but
you may need to provide the driver’s name,
date of birth, and license plate number.
All driver’s licenses issued are listed in the
National Driver Register, so driving privileges
revoked in one state can be traced to the
offender, even if they attempt to obtain a
license in another state.
Contact the Prosecuting Attorney
If the person has already been charged
with a substance impaired driving crime
and was released on bond or bail, call the
prosecuting attorney’s office and inform
them about the ongoing problem. Ask for
the prosecutor who has been assigned to
the case and inform him or her that the
person has a previous substance impaired
driving record or is again driving while
substance impaired. The prosecuting
attorney may be able to recommend an
appropriate course of action.
Contact the Defense Attorney
The person’s defense attorney should have
advised him or her to stay out of further
trouble with the law. You may want to inform
the defense attorney that his or her client
continues to drive while substance impaired.
Contact the Probation and
Parole Authorities
A person who has been convicted of a
crime can be put on probation for a period of
time instead of serving time in jail or prison.
People on probation are required to do
certain things as elements of their sentences.
They may have to report to a probation
officer at certain times, be required to go to
special classes, and refrain from getting into
further trouble with the law. The elements
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of probation are largely determined by the
judge who hears the case.
Parole is similar, except that parolees have
spent time in jail or prison prior to release. If
released before completion of the sentence,
they spend the remainder of their sentence
on parole.
A person who violates one or more of the
required elements of probation or parole
runs the risk of having their probation or
parole revoked and going to jail or prison to
serve the remainder of their sentence. If the
person is on probation or parole, even for
a different offense, and continues to drive
while substance impaired, contact their
probation or parole
officer to report this
illegal activity. This is
Report
especially important
illegal
if the person has been
recently ticketed
activity.
or arrested for a
related offense.
Reporting someone you care about to the
authorities can be a very painful step. In the
long run, however, it may be more loving
than taking no action, and implying by your
silence that you support the substance
impaired driving.
Install an Ignition Interlock
Device on Your Vehicle
If the person who drives while substance
impaired is driving your vehicle, consider
voluntarily having an ignition interlock device
installed on your car. An ignition interlock
device prevents people from driving drunk by
not allowing the person to start the vehicle
if they are at or above the level set by state
law, usually a .02 or a .04 BAC. If your name
is on the title to the vehicle, you should be
able to have the device installed by taking
your vehicle to an ignition interlock company.
Many modern ignition interlock devices will
also have further prevention capabilities to
prevent someone else who isn’t impaired
from blowing into the device to start the
vehicle. To find a company to assist you with
this process, you can search online “ignition
interlock” for your city and state. Often
several companies will be available to
choose from.
Child Endangerment
Protecting children is a value most
Americans cherish. Yet, despite the fact
that substance impaired driving is a violent
crime, driving while substance impaired with
children in the vehicle is not a commonly
acknowledged form of child endangerment
or child abuse.
Minor children often have no choice as to
whether or not they ride with an impaired
driver. Caregivers that drive while substance
impaired with children
Substance
in the vehicle are child
abusers in their own
impaired
right and account
driving with
for the majority of
children in the
substance impaired
car is a form
driving fatalities
of child abuse.
among children.
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Growing Concern for a
Widespread Problem
MADD continues to receive an increasing
number of alarming calls from concerned
individuals regarding children riding with
substance impaired drivers. Many of
these calls indicate that reports filed with
state agencies are slipping through the
cracks, putting children at greater risk of
victimization. There does not seem to be
relief for the problem because of the lack of
public awareness of child endangerment as
it relates to Driving Under the Influence or
Driving While Intoxicated (DUI/DWI).
MADD has identified common
problems surrounding this type of child
endangerment. The most common
problems are:
• Cases are not properly charged, resulting
in a lack of prosecution;
• Properly charged cases are often pled
down or dismissed;
• Reports made to child protective
agencies that don’t result in findings;
• A general lack of awareness of the
breadth and scope of the issue;
• Divorced parents who are confronted
with this issue face legal challenges
and the financial risk of subjecting
themselves to civil contempt actions by
refusing visitation privileges;
• Parents lacking the financial resources to
seek relief in the civil court system.
Child Endangerment Laws
and Statutes
Child endangerment is a term used to
address a group of laws that create a
separate offense or enhance an existing
penalty for an offender who endangers a
minor. Child endangerment is any action that
might place a minor in jeopardy of physical,
moral, or mental well-being.
Child endangerment statutes fall into the
following categories:
• Enhanced penalties: Refers to penalties
that are added to the penalties for a
DUI/DWI law violation.
• Separate offenses: Refers to an offense
for DUI/DWI with a minor in the vehicle
that is separate from the DUI/DWI laws.
• Aggravating circumstances: Refers to
laws that allow the fact that a child was
in the vehicle to be used by the judge/
jury in sentencing as an aggravating
factor, but not mandating a specific
enhanced penalty.
Within each state, it is the legislature that
decides how child endangerment statutes are
applied. States with child endangerment laws
vary widely in provisions and enforcement.
Additionally, the general public seems to lack
awareness that such statutes exist.
For individuals, the situation is even more
complicated because families with child
endangerment issues are often already
coping with the legal ramifications of
separation, divorce, and visitation/custody
issues. After a court has accepted custody
arrangements, concerned parents and
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adults have very few options for protecting
a child from a parent who drives substance
impaired. Even worse, if a parent attempts
to prevent the child from riding with their
substance impaired parent, breach of the
custody agreement could be enforced
leading to further victimization.
There are difficulties and inconsistencies in
enforcing the child endangerment statutes.
Many of the laws are too complex, and
it is difficult to interpret the existing DUI/
DWI child endangerment laws. As a result,
these laws are not being uniformly enforced.
In addition to criminal statutes, there is
difficulty enforcing civil remedies absent a
restraining order or request of participation
from child protective services.
Generally, there appears to be a lack of
education on all aspects of the laws and the
problem of child endangerment. There is a
critical need for judicial education programs
addressing all of the issues surrounding
child endangerment. Judges need to ask
convicted DUI/DWI offenders at sentencing
if they have children and if they have ever
driven substance impaired with their children
in their vehicle. Civilly,
violation of terms of
Stopping child
a divorce decree as it
endangerment
relates to substance
can be a
impaired driving with
long, difficult
minor children in the
process.
car should be clearly
tied to a change in
custody or visitation.
What Can Be Done to Help
Protect Children?
A separation agreement or divorce decree
may include mandatory provisions that:
• Prohibit drunk driving, or driving under
the influence of other drugs, by either
parent when they are transporting their
minor children.
• Prohibit friends of the parent from
driving the child after using alcohol and/
or other drugs.
• Prohibit the child from blowing into an
ignition interlock device, if the parent has
the device on his/her vehicle.
• Prohibit the parent from exercising their
visitation privileges if there is evidence of
substance impairment when the child is
picked up or delivered.
Parents who believe that the child’s other
parent may show up substance impaired
often choose a local police station as the
location for dropping
off and picking up
Seek the
the children. General
courts
consequences for
assistance in
failing to abide by the
keeping the
agreement should be
stipulated in writing.
child safe.
Motion to Modify
The issue is more complex in cases
of divorce. Often, one parent is trying
to protect the child from the substance
impaired driving behavior of the other
parent. Some parents have successfully
modified custodial and visitation
agreements due to an ex-spouse’s history
of substance impaired driving; others
have found the courts reluctant to amend
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previously negotiated arrangements. There
are sometimes financial complications that
occur by going back to court.
Depending on state law, child
endangerment may specifically impact
custody and visitation rights. It is important
to consult with a family attorney to explore
options when requesting a motion to modify.
If you are a divorced parent investigating
a motion to modify, you need an attorney
to help you. The attorney who handled
your divorce would be a logical first choice.
If that’s not possible, look for a family
law attorney online or ask for a referral
from your local Bar Association. Potential
modifications include:
• Parents are not to use alcohol or
other drugs 24 hours before or during
visitation; and/or
• Ordering an alcohol/drug assessment
and treatment, as indicated by the
assessment;
• Limitations on visitations, including
requiring supervised visitation;
• Requiring a third party, the other parent,
a trusted family member or friend, to
transport the child or children for the
purpose of visitation;
• Ordering an ignition interlock device
placed on one parent’s or both parents’
vehicles; sometimes judges will order it
on both vehicles to be fair.
Helpful Strategies for Concerned Parents,
Grandparents, and Family Members
The following strategies may be helpful
to you as you seek court intervention
to protect your child or children from a
caregiver who has a history of substance
impaired driving
violations. Keep in
mind that courts want
to see a pattern of
behavior; therefore,
documentation and
accurate record
keeping is important.
Document
situations
that happen.
Keep your focus. Your goal is to protect
your child, not to prevent your child from
having a relationship with the other parent.
Whether or not it’s fair, judges may assume
that efforts to modify custody or visitation
are motivated by anger or revenge.
Be factual. Your word will probably not
be enough. Factual evidence includes
driving records, criminal history, and the
observations of unbiased witnesses. Some
courts will accept the testimony of family
members and friends, older children willing
to talk about their concerns, or private
investigators may be interviewed.
Calmly suggest alternative transportation.
Recommend the driver postpone travel or
offer to drive the child, if appropriate. Avoid
a heated altercation that may put the child in
further danger. Call 911 if the driver shows
up impaired and wants to drive the child.
Be prepared to provide as much information
as possible (such as name of the impaired
driver, vehicle description and/or license
plate, and destination). Give the responding
officer your name and contact information.
Provide a summary. Document all
contacts with the police with a follow-up
written summary. Request a copy of your
complaint from the law enforcement agency.
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Call Child Protective Services. Some
agencies will conduct an investigation if they
believe that a child’s life is in danger. Most
courts will seriously consider the findings of
Child Protective Services. Keep in mind that
both parents and the children will probably
be evaluated and
Both parents
evaluations include
home visits. If you
may be evaluated
do contact Child
when Child
Protective Services,
Protective
obtain a copy of the
Services gets
written complaint for
involved.
your records.
Maintain a log. Document each time your
child tells you the other parent consumed
alcohol or other drugs while in the role of
custodial parent.
Child Safety Measures
It is clear that innocent children who
count on parents and caregivers to protect
them from danger are being placed at
risk when a substance impaired driver has
made the decision to drive impaired with
a child passenger.
Children should be taught to never get
into a vehicle if they are afraid for their
safety. Talk about
ways to manage
uncomfortable
Teach your
situations. Teach your
children the
children techniques
safest ways to
for keeping
ride in a car.
themselves safe by
instructing them to:
• Sit in the back
seat;
• Buckle-up tight and use their child safety
seat, if age appropriate;
• Put all of their belongings on the floor;
• Do not bother the driver and stay quiet;
• Tell a trusted grown-up immediately
about the unsafe ride;
• Call a parent or other loved one from a
cell phone, if possible.
Final Thoughts
Children are our greatest resource and
our future. MADD is taking action to help
protect the children who are needlessly
put in danger every day in this country. It is
irresponsible to endanger an innocent child
and should not be tolerated by a society
that puts children first.
You may be concerned for the safety of
your family, friends, or community and be
inspired to take action to prevent substance
impaired driving crashes. Thousands of men,
women and teenagers have joined MADD
to make a difference in their communities.
Whether donating directly to MADD,
volunteering to educate others about the
dangers of substance impaired driving, or
working to prevent substance impaired
driving crashes by strengthening laws in
your state, you can make an impact. To
talk with someone, find resources for your
own situation, or get involved, you can call
the MADD Victim Services Help Line at
1-877-MADD-HELP or 1-877-623-3435 to be
connected to your local MADD office.
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24 Hour Victim Services Help Line
877.MADD.HELP
MADD does not discriminate against individuals or groups,
either in employment or in the delivery of services or benefits, on
the basis of race, sex, color, religion, national origin, age, income,
marital status, sexual orientation, medical condition, disability
or veteran status. If you believe that you have been the target
of discrimination, you should file a complaint with the Office for
Civil Rights as soon as possible.
madd.org
©2014 Mothers Against Drunk Driving
Rev. 3/ 14