Unlike contracting cancer or some other terminal illness, fatalities caused by a drunk driver are 100 percent preventable. Drunk driving is a choice. You cannot choose to get or not get cancer. You cannot choose to have or not have a heart attack. But you can choose to drive drunk.

It’s interesting to note, between the years 2002 and 2006, there were a total of 3,179 traffic fatalities and of those, 1,270 were alcohol related. That means 40 percent of people killed in a traffic accidents between 2002 and 2006 occurred because someone chose to drink and drive.

While actual fatalities attributed to drunk drivers may be improving, the statistics for illegal drivers, including drunk drivers and those who speed and drive recklessly, continue to be grim. According to a Denver Post article, there may be as many as 225,000 illegal drivers in Colorado. And these illegal drivers caused nearly one-fourth of all traffic deaths in Colorado last year. In 2008, Colorado saw 548 people killed in motor vehicle crashes, and of those, 130 of these fatalities (24 percent) involved illegal drivers.

Mothers Against Drunk Driving (MADD) will launch its annual, nation-wide “Tie One On For Safety” community awareness campaign later this month. The program, started in 1986, urges the public to drive safe, sober, and buckled up during upcoming holidays. MADD Colorado distributes over 20,000 of these red ribbons every year and hopes to increase that number with your help. Across the United States, MADD plans to distribute more than 6 million red ribbons in 2009.

How Can You Support MADD’s Tie One On For Safety Program?
-Display a red ribbon visibly in your vehicle or tied to your car keys. Red ribbons are available through your local MADD office or at the Law Office of Bachus & Schanker, LLC.
-Host parties responsibly by offering mocktails and other non-alcoholic beverages. You can also provide alternative transportation or accommodations for guests who have been drinking. MADD offers a Safe Party Guide.
-Designate a non-drinking driver before drinking begins.

While it’s encouraging that drunk driving fatalities are declining, let’s remember that when we see a DUI (Driving Under the Influence) fatality statistic – we’re talking about someone’s life – not just a number on a graph. Let’s Tie One On For Safety this holiday season!

In 2008, Colorado saw 548 people killed in motor vehicle crashes, and of those, 130 of these fatalities (24 percent) involved illegal drivers. According to the auditors’ report, only seven other states had a higher rate of fatal crashes involving illegal drivers last year.

Getting and keeping your driver’s license should be considered a privilege. In order to keep that license a driver must be a responsible driver. The state of Colorado may suspend or revoke your license for these reasons:
Speeding
Reckless driving
Drunk driving
Driving under the influence of drugs
Refusing to take a blood-alcohol test
Leaving the scene of a motor vehicle accident that resulted in an injury
Driving without liability insurance
Failing to keep current on child support payments
Exceeding points violations
Adults over 21: 12 points in 12 month or 18 points in 24 months
Adults ages 18 – 20: 9 points in 12 months, 12 points in 24 month or 14+ points before age 21
Minors under 18: 6 points in 12 months or 7 points before age 18

If your driver’s license has been suspended you may have it reinstated. If your license has been revoked, your driver’s license is completely nullified. After satisfying your legal obligations, you may be eligible to obtain a new license and retake the written and driving exams.

An audit was requested by Colorado state legislators last year after Francis Hernandez, an illegal immigrant and unlicensed driver was accused of speeding when he caused a car crash that killed three people. One of his victims was 3-year old Marten Kudlis, who was enjoying ice cream with his family in an Aurora Baskin Robbins. Hernandez, who was only 23 years old at the time of this car crash had already been arrested 16 times and jailed eight times for prior traffic offenses and misdemeanors from assault, theft, fraud, forgery, driving under restraint to resisting arrest. Francis Hernandez has never held a driver’s license in his life.

The Chairwoman of the legislative committee, State Rep. Dianne Primavera questioned why Hernandez had never been charged as a habitual traffic offender, a felony that can carry an eighteen month sentence.

“Was he ever imprisoned after eight of them and jail time?” she asked.

Peter Wier, executive director of the Department of Public Safety, answered that a habitual traffic offender felony can only be charged after three major traffic violations in seven years. These violations include drunk driving, vehicular assault or homicide or driving with a suspended or revoked license.

Despite the legal consequences, 250,000 Colorado illegal drivers have not been deterred from getting behind the wheel of a car.

These illegal drivers pose “a significant problem in Colorado,” says auditor John Trull. “All the strategies we have don’t deter them.”

While the auditors did not present a plan to reduce these numbers, they did include a list of strategies used by other states including impounding vehicles or license plates, putting special stickers on cars driven by illegal drivers and house arrest.

Presently, illegal drivers are thumbing their noses at the existing system. It’s time for legislators to make some changes to get these illegal drivers off the road.

These are charges filed against unlicensed, illegal immigrant Daniel Barrales, since August 2007. Yet, on Saturday, October 5, 2008 Daniel Barrales was behind the wheel again without a license. And this time, he sent three victims to the hospital, including his 24 year old sister-in-law, his 3 year old niece, and his 5 month old nephew.
Fortunately, this time the injuries were not fatal.

Incredibly, this is a scenario that is played out time and time again, on our roadways in Colorado.

Consider these national statistics for 2001-2005 from the AAA Foundation involving driver who are definitely or possibly driving with an invalid or no license:

Nearly 7,700 fatal crashes every year-one of every five fatal crashes-involve a driver who is definitely or possibly driving with an invalid license or no license.

Over 8,000 drivers involved in fatal crashes annually-nearly one of every seven drivers involved in fatal crashes-have an invalid license, no license, or unknown license status (possibly invalid or unlicensed).

Nearly 7,000 drivers involved in fatal crashes every year (11.9 percent of all drivers involved in fatal crashes) have had their license suspended or revoked at least once in the preceding three years, including over 1,700 who have had their licenses suspended or revoked three or more times, and about 100 whose licenses have been suspended or revoked ten or more times.

Although strategies are identified to keep unlicensed drivers off the road, including increasing enforcement in selected areas, creating and distributing “hot sheets’, impounding license plates, impounding vehicles, installing an ignition interlock device, monitoring electronically, providing alternative transportation services and incarceration, these drivers continue to thumb their noses at the Colorado legal system and jepordize the safety of those of us who unknowingly share the road.

Barrales is now facing immigration issues, in addition to charges of careless driving resulting in injury and driving without a license. But, will it be enough to keep him from operating a motor vehicle in the future? Let’s hope so.