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28th Amendment: Drunk Driving Prevention


On occasion there arises the need to restrict the rights of certain individuals when the
safety of the general public is in jeopardy. Allowing repeatedly convicted drunk drivers their
right to purchase alcohol at public bars or restaurants continues to cost the lives of innocent
Americans. Contrary to popular belief, most states do not require bartenders, waitresses or other
servers to ask for identification from every customer requesting an alcoholic beverage. Instead,
most state laws just require the server to card those who appear underage the age of twenty one.
The 28th Amendment to the Constitution would require that all repeat alcohol-related DUI
offenders have marks on their drivers license which shall deny them the freedom to be served
alcohol at a bar. It is our contention that limiting the access of alcohol to these repeat offenders
would decrease the incidence of drunk driving and protect the general public. The 28th
Amendment is necessary to diminish Health Care costs, DUI repeat offenders, and the number
of deaths caused by DUI.
Health care is directly affected by alcohol abusers. The U.S. Government has worked
hard to make healthcare affordable to all. Alcohol consumption is both direct and indirectly
related to a large percentage of hospital admissions. According to National Institution on Alcohol
Abuse and Alcoholism, Alcohol contributes to over 200 diseases and injury-related health
conditions, most notably alcohol dependence, liver cirrhosis, cancers, and injuries ("Alcohol
Facts and Statistics"). All these diseases need treatment and check-ups to keep from becoming
deadly. Alcohol related medical care has effects on insurance rates, state budgets, and our
national debt. The combined total of these costs has become enormous. Alcohol abuse is costing
Health Care $25 billion dollars a year(Trends & Statistics). Health Care does not need to
become more affordable; rather, decreasing the incidence of drunk driving would have a
significant impact on saving healthcare dollars. The 28th Amendment will help lower the cost of
alcoholism which is a heavy burden on our healthcare system.
The 28th Amendment of the Constitution will decrease the number of alcoholic DUI
repeat offenders. Research shows repeat DUI offenders account for a large number of arrests
made by law enforcement. According to Drunk Drivings Stats.org, Nearly one-third of all DUI
arrests and DUI convictions involved repeat drunk driving offenders ("Drunk Driving
Statistics").Repeat offenders are common and suggests that more drastic measures must to taken
to decrease this rate of recidivism. Additionally, it is known that state laws do not require every
purchaser of alcoholic beverages to be carded. The law requires you to ask anyone who looks
under 26 years of age for proper identification ("Indiana State Excise Police"). It is left up to
the owner of the venue to make it a policy to require the presence of an identification card in
order to sell. With the implement of the 28th Amendment, a driver licence shall be presented at
the time of purchase of an alcoholic beverage. Convicted DUI offenders would have an
identification mark on their licence which would identify them as being legally banned from
purchasing or consuming alcohol at drinking establishments. Bars would be liable for checking
the identification of all patrons to ascertain their right to purchase or consume alcohol. The
main advantage of extending liability to drinkeries is to add an incentive to keep the intoxicated
off the roads. A study has found such laws reduce auto fatalities by 3 percent to 11 percent...

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("Maryland Case Shows Bars Should Be Liable for Drunk Patrons").The 28th Amendment will
demand vendors of alcoholic beverages to card everyone, no matter the appearance, and require
the state to mark those who are DUI offenders on their cards.By marking DUI reapted offenders,
the purchase of alcohol will be denied to those with the mark in order to eliminate crimes cause
by these repeat offenders.
The number of deaths directly related to alcoholism would decrease with the
implementation of the 28th Amendment. The National Council on Alcoholism and Drug
Dependence states clearly, An estimated 32% of fatal car crashes involve an intoxicated driver
or pedestrian ("Alcohol, Drugs and Crime").Drinking alters ones state of mind and prolongs
the reaction time making it a leading cause in car crashes. Car crashes are only a portion of the
the total deaths that are affected by drinking. Another portion of the totals deaths by alcohol is
assigned to underage drinking. In 2010, there were approximately 189,000 emergency rooms
visits by persons under age 21 for injuries and other conditions linked to alcohol ("Fact Sheets Binge Drinking" ). Underage drinking is illegal and it is a red flag that immediate action needs to
be taken to demand carding. By executing the 28th Amendment, fatalities by car crashes will
decrease significantly.
Criticizers of the 28th Amendment of the Constitution allude to the fact that DUI
offenders do not affect everyone and is unconstitutional because it will take away a right. Of
crimes committed in the U.S., over thirty percent are affiliated with drinking alcohol(Traffic
Safety Facts: Alcohol-Impaired Driving: 2010 Data). This proves that alcohol is still a main
factor in the case of breaking the law. DUI offenders do not have an affect on others is a
misconception. DUI offenders are a threat to the safety of the public. Research done by the U.S.
Department of Transportation reflects that, A 2010 AAA poll measuring the Traffic Safety
Culture of Americans, found that almost 79% strongly supported requiring drivers who have
been convicted of DWI at least once, to use equipment that tests them for alcohol, i.e. an ignition
interlock device. Also, 71% of the respondents in the poll felt that drunk driving is a serious
threat to their personal safety ("Safety Traffic"). The governments responsibility is to ensure
safety for its citizens especially if the majority of citizens find drunk driving harmful. In
addition, the main argument against the possible amendment is that a person will be stripped of
their right. However, prisoners are stripped of their right to vote, But within the VAP are many
people who cannot vote, such as prisoners and aliens (Wilson, James ). Repeat offenders have
demonstrated irresponsible behavior. They should be denied the right to drink in public locations
because of their inability to drink responsibly. Therefore, the 28th Amendment is justified in
taking away a repeated offenders right to drink in a public setting and is a necessity for ensuring
the safety of all citizens.
The 28th Amendment of the Constitution is intended to help our economy, diminish
repeat DUI offenders, and lower the amount of deaths caused by drunk driving. This amendment
is a step forward in improving the quality of life for all Americans. No longer would we have to
live in fear by the threat of inebriated drivers.

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Work Cited
"Alcohol, Drugs and Crime." Alcohol, Drugs and Crime. NCADD, 27 June 2015. Web. 15
Oct.2015. <https://ncadd.org/about-addiction/alcohol-drugs-and-crime>.
"Alcohol Facts and Statistics." Alcohol Facts and Statistics. NIAA. Web. 15 Oct. 2015.
<http://www.niaaa.nih.gov/alcohol-health/overview-alcohol-consumption/alcoholfacts-and-statistics>.
"Drunk Driving Statistics." Drunk Driving Statistics. Web. 15 Oct. 2015.
<http://www.drunkdrivingstats.org/index.html>.
"Fact Sheets - Binge Drinking." Centers for Disease Control and Prevention. Centers for Disease
Control and Prevention, 16 Jan. 2014. Web. 15 Oct. 2015. <http://www.cdc.gov/alcohol/factsheets/binge-drinking.htm>.
"Indiana State Excise Police." ISEP: Rules & Laws. N.p., n.d. Web. 15 Oct. 2015.
<http://www.in.gov/atc/isep/2384.htm>.
"Maryland Case Shows Bars Should Be Liable for Drunk Patrons." Washington Post. The
Washington Post, 31 July 2013. Web. 15 Oct. 2015.
<https://www.washingtonpost.com/local/maryland-case-shows-bars-should-be-liable-for-drunkpatrons/2013/07/31/e5fc6974-fa15-11e2-a369-d1954abcb7e3_story.html>.
"Safety Traffic." SpringerReference (2011): n. pag. Safety Culture. AAA. Web. 15 Oct. 2015.
<https://www.aaafoundation.org/sites/default/files/2011TSCIndex%20(1)_0.pdf>.
"Traffic Safety Facts: Alcohol-Impaired Driving: 2010 Data." PsycEXTRA Dataset (2012): n.
pag. Alcohol-Impaired Driving. Dec. 2013. Web. 15 Oct. 2015. <http://wwwnrd.nhtsa.dot.gov/Pubs/811870.pdf>.
"Trends & Statistics." Trends & Statistics. NIH, 20 Aug. 2015. Web. 15 Oct. 2015.
<https://www.drugabuse.gov/related-topics/trends-statistics>.
Wilson, James Q., John J. DiIulio, and Meenekshi Bose. American Government: Brief
Version.S.l.: Wadsworth Cengage Learning, 2014. Print.

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