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reports, and dismissed NHTSA's statistical

ers, for example. But others attempted to strip

modeling mechanism. Disallowing for the

drunk driving suspects of legitimate criminal

myriad scenarios in which it couldn't be con-

protections. One law introduced in Virginia

clusively proven that a drunk driver's negli-

attempted to do away with the practice of

gence was to blame, the Los Angeles Times

making a blood sample available to the defen-

found that about 5,000 of those 17,448 traf-

dant for independent testing after a first sam-

fic deaths in 2001 involved a sober person

ple used by law enforcement revealed an ille-

gal level of intoxication.95 Laws like these find

killed by a drunk driver. The investigation

detailed one accident in Aliceville, Alabama,

support from the public because temperance

where a state trooper merely suspected that a

advocates and their supporters in govern-

driver had been drinking. Though no alcohol

ment have been enormously successful in

test was ever performed, and the family of the

propagating the idea that drunk driving still

victim later contended in a lawsuit that the

poses an increasing threat to public safety,

accident was the result of a rollover defect,

despite the figures cited above.

the fatality was still attributed to alcohol by

One example of how those advocating

NHTSA.100

tougher drinking and driving laws have

manipulated data is the touting of a figure

Perhaps most revealing of the campaign

they call "alcohol-related fatalities." The

against social drinking is the way the lan-

National Traffic Highway Safety Admin-

guage of public officials and anti-alcohol

istration uses this number each year in its

advocates has changed. "Drunks" have been

Fatality Analysis Reporting System.96 The

replaced by "drinkers," "drunk driving" by

"drinking and driving." It's a subtle change,

problem with the term "alcohol-related,"

but a significant one. Attempting to demo-

however, is that it's based on statistical mod-

nize the mix of driving with any amount of

eling and creates an impression among the

alcohol consumption is a clear departure

public that's at odds with what it actually

from a campaign focused on highway safety.

represents. Most hear "alcohol-related fatali-

It is an effort to more generally change the

ties" and assume "fatalities caused by drunk

drinking behavior of Americans. No drinking

drivers." In truth, "alcohol-related" fatalities

and driving means no beer or two at the ball-

include any accident in which alcohol was

"Alcohol-related"

game before coming home, no after-dinner

even remotely involved.

fatalities include

Irish coffee, no glass of wine with a dinner

"Alcohol-related" fatalities include acci-

out. Consider:

dents in which a drunk driver was killed by

accidents in

the negligence of a sober driver, a drunk pas-

which a drunk

· A series of taxpayer-funded radio ads in

senger was killed in a car driven by or hit by a

driver was killed

sober driver, a drunk pedestrian was killed by

Washington, DC, told motorists, "If

a sober driver, and even all of the previous

you're still drinking and driving, the new

by the negligence

scenarios when the actors weren't even legal-

[lower blood-alcohol threshold] law is

of a sober driver,

ly drunk but had merely consumed any

aimed right at you. Never drink and

amount of alcohol at all.97 The number can

drive."101

a drunk passen-

· A joint campaign undertaken by MADD

even include accidents in which there's no

ger was killed in a

evidence of alcohol but under circumstances

and the U.S. Department of Transpor-

car driven by or

in which alcohol is commonly involved, such

tation was titled "You Drink & Drive. You

as a lone driver crashing his car in the early

Lose." U.S. Transportation Secretary

hit by a sober

hours of the morning.98

Norm Mineta said during the campaign:

driver, or a drunk

"If you drink and drive, you lose. If we

In 2001 NTHSA claimed 17,448 people

pedestrian was

catch you drinking and driving, we will

were killed in alcohol-related traffic acci-

dents.99 A Los Angeles Times investigation con-

arrest you and prosecute you."102

killed by a sober

· At that same campaign kickoff, William

ducted in December 2002 looked at that

driver.

number, looked at a sampling of accident

B. Berger, former president of the

10