Category: Under the Influence

• What is Rape?

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault.

Consent or lack thereof, is one of the main elements of the crime of rape. Statutory rape is committed even when a minor under the age of consent willingly engages in a sexual act with the adult, because the minor is unable to legally give consent. An intellectually disabled person is also legally incapable of giving consent to sex. In the context of other types of rape, whether or not there was consent to sexual penetration will be derived by the facts particular to each case.

Many rapes happen when there are drugs and alcohol involved. Whether a victim was heavily under the influence of drugs or alcohol can also have an effect in whether or not the victim consented to the sexual penetration. Date rape drugs, drugs that are used by some individuals to sedate a victim in order to have sex with them, are odorless and tasteless, usually mixed with alcohol, and can render a person unable to prevent a sexual assault. Date rape drugs can also cause a person to fall unconscious. However, just because the individual did nothing to stop the sexual act does not mean that they consented to it. Further, sexual penetration with someone who is unconscious or asleep is virtually always deemed a rape, as there is no way for the individual to give their consent to the act.

• Illinois Rape Myth Acceptance Scale

A series of six studies were conducted to explore the structure underlying rape myths and to develop the 45-item Illinois Rape Myth Acceptance Scale (IRMA). In the first study, 604 participants (average age 18.8 years, 53% women) rated their level of agreement with 95 pretested rape myth statements. Exploratory and confirmatory multivariate analyses revealed a structure consisting of both a general myth component and seven subcomponents. This structure was replicated in a second study using a new sample and paired comparisons methodology. Study 3 details the development procedures for the IRMA and presents statistics demonstrating its good psychometric properties. Finally, Studies 4-6 support the construct validity of the IRMA. Findings are discussed in terms of their implications for theory, measurement, future research, and intervention.

• Majority of People Says That the Rape Happens Because Of Dressing Style of Women?

Really, can what a woman wear lead to rape or is this just a myth? Let me share the conclusions of some research I found. I will be including links so that if you choose you may read the entire research. Let me start by pointing out that most of the research I found can be categorized (I’m sorry but the word is here again) in two: rape by strangers, which in my article I referred to as sociopathic rape and date rape which I called opportunistic rape. This is what Clinical Professor of Psychiatry, Andrea Parrot’s contributes to this issue from her book, “Coping with Date Rape and Acquaintance Rape”: Unlike stranger rape, most acquaintance rape is not premeditated for the purpose of doing violence to a woman and degrading her acquaintance rape is premeditated or planned sex and ends as aggression only if the victim does not comply with the rapist’s demands. Her views are supported by this study shows that “the majority of the sexual attacks (55-61%) committed by these men were premeditated across their first, middle, and last rapes, while fewer rapists reported their crimes as being impulsive (15-22%) or opportunistic (22-24%).”

• What Are The Reason of Rape?

A different rapist commit rape for different reasons, and any one rapist may rape for different reasons at different times . Thus, no one theory can explain all rapes. However, many cultural factors seem to contribute to rape.

Commonly held myths such as these contribute to date and marital rape:

• A man must have sex to prove his masculinity;
• When women say no to sex, they really mean yes, so men should ignore women’s refusals;
• If a woman engages in kissing or petting, she is obligated to engage in sexual intercourse;
• What goes on between a husband and a wife is no one else’s business; andThe man should be head of the household.

These are dangerous myths that can lead to rape.

Traditional gender roles prescribing female submission and male dominance are linked to rape. In Australia, Germany, and Japan, rates of violent sexual offenses were related to national levels of dominant masculinity (Neapolitan 1997). Studies in several countries have suggested that rigid gender roles and promotion of an ideology of male toughness are related to violence against women.

Characteristics of the culture and gender role socialization, however, do not explain why most men do not rape, why some women rape men, or why rape occurs in gay and lesbian relationships in which both people have experienced similar gender role socialization. Individual differences are also important.

Some people hold beliefs justifying rape more strongly than others. Men who rape tend to believe more strongly in myths about rape, and they are more likely to engage in fantasies about coercive sex. Compared with other men, rapists drink more heavily, begin having sexual experiences earlier, and are more likely to have been physically or sexually abused as children.Women Mostly Uses False Rape Accusations.Let’s start with the idea that false rape accusations ruin lives, and are therefore a universal risk to men. Generally, feminists dismiss this idea by arguing that false accusations are rare only between 2% and 10% of all reports are estimated to be false. What’s equally important to know, however, in false rape accusations almost never have serious consequences.

This may be hard to believe, especially considering that rape is a felony, punishable with years of prison. However, to start with this worst-case situation it’s exceedingly rare for a false rape allegation to end in prison time. According to the National Registry of Exonerations, since records began in 1989, in the US there are only 52 cases where men convicted of sexual assault were exonerated because it turned out they were falsely accused. By way of comparison, in the same period, there are 790 cases in which people were exonerated for murder.

In every academic study, one of the most common kinds of false accuser is a teenage girl who tells her parents she was raped to avoid getting in trouble. Unwanted pregnancy is sometimes cited by such girls, but the reason can also be trivial; the phrase “missed curfew” shows up with disturbing frequency in these cases. As a rule, it’s the parents who insist on getting police involved. Two different studies have found that almost half of all false rape complaints are lodged by someone other than the alleged victim, usually a parent.

Another kind of case which evaporates rapidly is that of a person who falsely reports a rape in the hope of getting needed medical care or psychiatric medication; in one study, six of the 55 reports classified as false by a police department in one year fit this description. Like the teens that missed their curfew, these false accusers have no interest in pursuing charges after the lie has served its purpose.

• Preventive Measures.

No action or inaction by a crime survivor makes that person responsible for his or her victimization. Perpetrators are responsible for crimes and their effects. The following suggestions may help reduce the possibility of experiencing a crime, or may improve opportunities to receive prompt assistance.

• Rape and sexual assault are never the fault of the survivor. It is the behavior of the perpetrator that is wrong.
• 80% of sexual assault and rapes are perpetrated by someone known to the survivor, and on college campuses 90% of survivors know their attacker.
• Sexual assault and rape can happen to people in all contexts, including marriage, dating relationships, friendships, child-parent interactions, employer-attendant relationships and stranger interactions.
• Date rape drugs are extremely potent drugs that are used to make victims unaware of sexual attacks. When under the influence of date rape drugs, the victim will be unable to fight off an attack and generally have no idea that they have been drugged. Often the details of the attack will also be quite fuzzy, making it difficult to catch criminals that use them.If a friend starts to exhibit symptoms of a date rape drug, seek medical help immediately. Signs to look for include: dizziness and /or nausea, memory loss, breathing or motion difficulties, and acting disproportionately intoxicated relative to the amount of alcohol consumed.Date rape drugs can be a small pill, liquid or powder. It completely dissolves in any liquid, so it is easy to slip into an unattended drink. Once administered and the victim has completely succumbed to the effects of the drug, the victim is defenseless against unwanted advances.Get verbal consent from your partner. Consent at its most basic level means everyone involved wants to participate. Consent Cannot be Given If someone is under the influence of alcohol or other drugs If someone is passed out, unconscious, asleep, or coming in or out of consciousness Under direct or implied threat of bodily harm or other forms of coercion

If any party is under 18 years of age If someone has a physical, developmental or mental disability that impairs their ability to understand the actConsent at its most basic level means everyone involved wants to participate. Consent cannot be given if someone is under the influence of alcohol or other drugs; if someone is passed out, unconscious, asleep, or coming in or out of consciousness; under direct or implied threat of bodily harm or other forms of coercion; or if any party is under 18 years of age.Always seek consent. Don’t assume you know what the other person wants. Stop your sexual advances if the other person indicates no interest or if they say ‘no’. Engaging in any type of sexual activity without the explicit consent of your partner is sexual assault. If either party is under the influence of alcohol, consent cannot be given.

• Conclusion

Sexual crimes involve complex dynamics that call for detail-oriented investigations and statutory analyses. Rape offenders often employ unique, manipulative, and murky methods in order to victimize. Victim behaviors and responses to rape and sexual assault crimes are often counterintuitive to what laypersons and others without field expertise expect. Unfortunately, experts in sex crimes and offender and victim behavior are rarely sought out for collaboration with legal professionals or legislators regarding the development of legislation and protocols. Although some jurisdictions’ laws have evolved to incorporate our ever-¬‐expanding knowledge of rape and sexual assault and offender behaviors, in other jurisdictions, the laws remain sadly outdated in either language or content. The disconnect between the law and reality can play a crucial role in individual victims’ perception of whether or not they were victims of a crime and whether they believe they will receive some measure of justice in the legal system. As a result, the ability to develop questions that will most accurately and successfully reveal a victim’s experience will be invaluable to understanding the incidence and prevalence of rape and sexual assault. It will also play an important role in helping allied criminal justice professionals improve their understanding of rape and sexual assault, their responses to reports of such crimes and their ability to stop serial predators.

Research question

Is it possible to remove alcohol from the body, prior to intoxication, using esterification and what importance will this have on society?

What is in alcoholic beverages

Alcohols are organic compounds consisting of a hydroxyl functional group (OH) attached to an alkyl group (e.g. R-OH). The general formula for alcohols is CnH2n+1OH.

Ethanol is the primary alcohol present in alcoholic beverages, therefore being the most likely to cause alcohol intoxication. It has the molecular formula C2H5OH and according to the National Pollutant Inventory is considered a “volatile organic compound”, with a melting point of -144 degrees Celsius and a boiling point of 78.5 degrees Celsius. Additionally, alcohol is a great solvent and readily dissolves into water.

Ethanol is present in almost all alcoholic beverages however in different concentrations. Some examples of average alcohol concentrations in different beverages include:

• • Regular beer – 4.8% alcohol content
• • Wine – 13.5% alcohol content
• • Whiskey – 40% alcohol content

What is intoxication

When alcoholic beverages are consumed, they often cause intoxication, a mild form of ethanol poisoning. according to the Australian Government Department of Health, intoxication refers to “any change in perception, mood, thinking processes and motor skills that results from the effect of a drug on our central nervous system.” When someone undergoes such changes they are often referred to being in a drunken state.

Ethanol causes intoxication primarily through its property to easily dissolve in water. Ethanol has both a polar side[OH] (which is caused because the oxygen is much more electro negative than the hydrogen and so pulls most of the electrons towards it, giving it a partial negative charge while the hydrogen gets a partial positive charge) and a non-polar side [C2H5]. However, the polar side OH, gives ethanol the ability to form hydrogen bonds with water which is also polar (following the rule “like dissolves like”). This is only possible because the carbon chain attached to the functional group is fairly small consisting of only 2 carbons, which means that the non-polar side of the molecule is small allowing the polar side to dissolve. This differs in other alcohols with larger carbon chains (non-polar sides) such as decanol which is insoluble because its carbon chain is so much longer. Ethanol is therefore described to be miscible in water (very soluble).

When ethanol gets consumed and enters the body it dissolves into water. It then gets transported through the digestive system, where approximately 20% enters the bloodstream through the stomach and 80% through the small intestine. Then it gets transported to all organs of the body through the water it has dissolved in including, but not limited to the lungs (which is why breathalysers work), heart and brain. This can happen within 30min to 2hours, depending on a range of factors such as age, weight, gender, whether consumed after food, etc.

Once the ethanol gets transported to the brain it begins activating or suppressing receptors in your brain. This includes suppressing the glutamate, a neurotransmitter which excites neurons, causing the brain to respond slower; and activating the gamma aminobutyric acid which causes drowsiness and extreme feelings of ‘calm’. By ethanol suppressing and activating these types of brain receptors, it increases a person’s felling of drowsiness and calmness and slows brain activity in general, which is what become known as symptoms of intoxication and gives alcohol the classification as a central nervous system depressant drug.

Intoxications effect on society

Today alcohol can be seen as a part of Australian culture and it is not uncommon for it to be consumed on a regular basis for recreation making it one of the most used social drugs in Australia. in fact, according to the Australian Institute of Health and Welfare, 9.7liters of pure alcohol was consumed per person in 2015-16 alone. intoxication however has been shown to have a vast array of very prevalent and urgent societal issues.

One such issue includes the issues associated with drinking whilst under the influence of alcohol. Because alcohol acts as a nervous system depressant drug is slows brain activity causing decreased ability to process and respond to situation and well as limiting the ability to think clearly. Additionally, intoxication can result in drowsiness loss of consciousness, becoming les alert, impaired hand eye coordination and many other effects which greatly hinders someone’s ability to drive. As result many accident, injuries and deaths are cause when driving whilst intoxicated/under the influence of alcohol. According to “Impact of alcohol and illicit drug use on the burden of disease and injury in Australia: Australian Burden of Disease Study 2011” one third of all roads traffic injuries are a direct result of driving whilst under the influence of alcohol. To respond to this the government has criminalised driving whilst intoxicated and has increased fines and penalties so as to further impose this law and encourage compliance. However, there are still many who continue to drive whilst intoxicated, causing many fatalities, injuries and accidents in general, which ultimately has a negative effect on society and those involved (particularly those who may be injured/killed because of someone else drink driving).

Moreover, intoxication in the short term has been shown to increase risky behaviours. The NDSHS showed that, in 2016 almost 1 in 6 (17%) recent drinkers aged 14 and over put themselves or others at risk of harm while under the influence of alcohol in the previous 12 months. This also includes an increase in criminal activity which as seen in the Australian Bureau of Statistics crime victimisation survey “almost 3 in 5 people aged 18 years and over who experienced physical assault or face-to-face threatened assault in the last 12 months believed that alcohol and any other substance contributed to their most recent incident”. The Australian Institute of Criminology’s (AIC) National Homicide Monitoring Program presented statistics showing in 39% of homicide incidents either the victim or offender had consumed alcohol and 8% of homicides were motivated by an alcohol-related argument. Furthermore, the 2016 Personal Safety Survey showed that half of the women who had experienced physical or sexual violence in the past 10 years, reported that they believed alcohol or another substance contributed. This has a negative effect on society as the intoxicated person places not only themselves in danger but those around them too.

Intoxication has also been shown to be detrimental to people’s health. Statistics from the ABS show that There were 1,366 registered alcohol-induced deaths in 2017 and an additional 2,820 deaths where alcohol was mentioned as a contributory cause of death. Additionally, alcohol has been contributed to 4.6% of the total burden of disease in Australia in 2011 and was also responsible for 40% of the burden of liver cancer and 37% of the burden of mouth and pharyngeal cancer. moreover, according to the 2016 National Drug Strategy Household Survey 2.8% had been injured while under the influence of alcohol and required medical attention. These statistics show the negative effects intoxication has on health.

As a result of such societal issues caused by intoxication, it is evident that a means to prevent intoxication when alcohol has been consumed would have an extremely positive effect on society. it would allow a means for alcohol to be consumed and not hinder the Australian “way of life”, whilst also limiting intoxication. In this way issues such as driving under the influence, increased risky and criminal behaviour and severe health issues, can be minimised and prevented and overall improve society.

Esterification

Esterification refers to a reaction between an alcohol and carboxylic acid, catalysed by an acid, to produce an ester as well as water. Generally following the following formula:

R-OH + R-C-OH ⇌ R-C=O + H-O-H

O [ H+ ] O-R’

Alcohol + carboxylic acid ⇌ Ester + water

As mentioned previously the alcohol that is consumed is primarily ethanol, as such that is what will be used in the following equations. Additionally, the acid catalyst that will be used will be HCl. This is because HCl as well as KCl and NaCl are the primary components which make up gastric acid (acid formed in the stomach for the digestion of proteins/food) and so are already present in the body even before the alcohol is consumed. Therefore, the only necessary addition to the body apart from the alcohol will be the carboxylic acid in this case ethanoic acid [aka acetic acid].

The esterification reaction works in approximately 5 steps as follows:

1. Protonation of the carbonyl acid using the catalyst- This step involves protonating the double bonded oxygen in the acetic acid by taking the proton(H+) from the HCl, therefore giving the oxygen a positive charge. This process is formally known as protonation and is necessary as it makes the carbonyl more electrophilic, meaning that it can more easily attract electrons (this will be necessary in the following steps).
2. Nucleophilic attack- a nucleophilic attack involves a nucleophile (i.e. a molecule which has at least one pair of free electrons, that donates them to form a chemical bond) “attacking” an electrophile (positively charged atom). In this case the nucleophile will be the oxygen in the ethanol which has two pairs of free electrons. One pair of these electrons will attack the 1st carbon in the carbonyl creating a bond between them. This causes one pair of the electrons in the double bond between carbon and oxygen to shift to the oxygen, thus resulting in the double bond becoming a single bond and the oxygen having four free electrons. Additionally, the oxygen which was just acting as the nucleophile becomes positively charged.
3. Proton transfer- This step involves transferring the proton[H] from the just previously bonded alcohol to the OH group. It is done in two steps:
   1. Deprotonation- this involves having another alcohol molecule act as a base (proton acceptor) and the carbonyl acting as an acid (proton donor). The alcohol in this steps accepts the H+ from the carbonyl.
   2. Protonation- after deprotonation the positively charged alcohol then acts as a proton donor/acid, transferring the H+ onto the OH group in the carbonyl. This additionally makes the O positively charged
4. H2O leaves the molecule- in order for the water to leave the electrons in its bond to carbon need to shift on to the oxygen. For this to happen one pair of free electrons form the O in the OH group need to reform a double bond with the carbon. This will therefore push the extra electrons onto the H2O molecule (a very good leaving group), thus creating one of the products of the final reaction. Additionally, the oxygen in the OH group becomes positively charged.
5. Deprotonation- this is the final step where the proton [H+] is removed. The Cl- produced from step one acts as a base accepting the extra proton to reform HCl. The pair of electrons originally bonding the OH is shifted to the O creating the final product ethyl ethanoate

The simplified version of this reaction that would occur within the body will look like the following:

Ethanol + Ethanoic acid [catalyst: HCl] ⇌ Ethyl ethanoate + water

⇌

Problems associated with esterification for prevention of intoxication

Esterification however has many flaws when being used to remove alcohol from the body prior to intoxication. One of the most pressing issues would be the time it takes for esterification to naturally occur. It is an extremely slow reaction that in nature can take months to occur. In order to increase the rate of reaction a concentrated acid is used as a catalyst, in this case HCl, but usually when conducted in a lab concentrated sulphuric acid. HCl may not be present in a large enough quantity within the gastric acid in the stomach. In order to counter this, it may be required to add additional catalyst, when also consuming the ethanoic acid. Catalysts like this, allow reactions to be completed at a faster rate as they reduce the activation energy required for a reaction between two colliding particles to occur.

Additionally, when conducting an esterification reaction in a laboratory it is important to note that a process known as reflux is used where the reaction is heated extensively so as to evaporate more volatile substances whilst simultaneously condensing the evaporated substances so that reactants are not lost in the process. This heating of the mixture increases the rate of reaction by allowing the particles to move faster as they have more energy and allowing them more of a chance to collide. Since reactions only occur when particles collide in certain ways, increasing the amount of times they collide in turn increases the likelihood of a reaction occurring between the two, meaning that the reaction is completed faster.

Additionally, most (but not all) esterification reactions are endothermic, and all are in equilibrium. Therefore, through the addition of heat, according to Le Châtelier’s Principle, the reaction will shift right and produce more product (ester and water), whilst consuming more reactants (alcohol and carboxylic acid) so as to counteract the changes made to equilibrium. This means that more alcohol can be converted to esters and water and less alcohol will remain present in the body requiring organs such as the liver to process it.

However, the average human’s internal temperature is approximately 37 degrees Celsius, not high enough to increase the reaction rate to what it is when esterification is performed in the laboratory, where the mixture is usually heated to at least 60 degrees Celsius. This means that the reaction may take much longer than 2hours let alone 30 minutes, which is approximately the time it takes for alcohol to enter the bloodstream, as previously mentioned, and it will be too late to stop intoxication at this point. This issue therefore limits the effectiveness of esterification as a means to prevent intoxication.

Additionally, ethanoic acid along with most other carboxylic acids is corrosive. This is often a risk which must be managed within the laboratory through the use of safety equipment such as safety googles, gloves and lab coats, and precautions so as to not consume any. However, in order for esterification to act as a means of preventing intoxication AFTER alcohol has been consumed, the carboxylic acid must therefore be consumed and enter the body in order for the reaction to occur. Ingestion of acetic acid will most likely result in the corrosion of the mouth, oesophagus and throat. However, the stomach which already has acid within it and is designed to withstand the presence of acids and other corrosive substances will be able to hold the ethanoic acid. Therefore, if it is possible to consume the ethanoic acid without it coming into contact with the mouth oesophagus throat and other such organs, the problem can be resolved. One such way that this could be done is by consuming the carboxylic acid in a tablet/pill form with a plastic covering which breaks/dissolves only once it reaches the stomach. This would prevent contact with other organs which cannot withstand acetic acids corrosive nature.

Conclusion

Thus it is evident that organic chemistry concepts such as esterification are extremely important to society. From the report it can be concluded that currently esterification most likely couldn’t be used to prevent intoxication due to its extremely slow reaction time and the corrosive nature of carboxylic acids. However, if further research is completed and ways are fond to increase the rate of reaction of esterification within the human body, it is very much possible to minimise intoxication after alcohol has been consumed. This will definitely have positive impacts on society

I think it is important to be drug and bully free because some people may be both at the same time. Someone could get high under the influence of drugs and go out and bully someone because they don’t know what they’re doing, even some dads or moms may be under the influence of drugs and my hurt you or a sibling without meaning to do it and even if you have ever seen your mom or dad arguing you’re dad or mom may have been under the influence of alcohol.

It is important to be bully free because when you bully someone you could not even know you are being hurtful and end up costing them their life because of depression. Even if it is your friend and you are just having some fun you could end up saying the wrong thing. It could end up in a fight or them not being your friend anymore because of what you said and some friends may try to get themselves put in jail because of the bad choice they make after hearing what you said.

It is important to be drug free because it can ruin your future. I have seen the effects on you or loved ones because my biological father used to do drugs and he would always go to jail so much that I never really got to see him. He is still trying to get back on his feet by getting a job but that is pretty hard because of the criminal record he has I mean he has tried getting a job everywhere but I don’t live with him or see him enough to know how many but over the phone he has said he has gone too over ten job interviews.

I think it is important to be drug and bully free because if you are doing drugs you could be at risk of death or a heart attack because of the addiction then that addiction can turn you into a nice person that is having a lot of trouble like my dad. He used to cause harm to me because he was under the influence of multiple drugs. If you are being bullied by someone just remember they may not be doing it to hurt you they may be under the influence of drugs and they may see you as their childhood bully or someone else.

If you think someone is under the influence of drugs try to find them when they’re sober. Ask them what’s wrong. Try to help them get out of their situation and if someone is bullying you it could be the same thing. They could be hurt by someone else and need help with they’re situation. what I’m trying to say is that if you see someone that is hurt don’t just walk by, help them because it is costing them a lot of money to buy packs of cigarettes or vape juices and that could lead to homelessnes or even death, so please help them, because it is the right thing to do.

Consuming alcohol at any age can be dangerous. Alcohol is one of the most commonly misused substances and has one of the highest rates of addiction. Underage consumption of alcohol can lead to early addiction problems as well as problems such as memory loss and kidney failure. Being a college student who is surrounded by alcohol often learning more about the dangers of alcohol from courses such as Under the Influence has really expanded my knowledge on both the short term and long-term effects of alcohol.

After completing the Under the Influence course, I have realized that although I am not a huge drinker at all, I do need to change my lifestyle. Under the Influence taught me information about alcohol I never knew such as the effect energy drinks have on a person who is also consuming alcohol and the consequences that can occur from drinking. Under the Influence has also opened up my eyes to facts and statistics about alcohol use in college. I feel as though when I thought about college before I always thought drinking was a huge part of the social life in college. Under the Influence has really opened up my eyes and showed me that drinking is not as common in college as I had thought it was.

With my incident specifically I made bad choices. The first being I chose to possess alcohol while I am underage which is illegal. The second bad choice I made was bringing this alcohol to school with me after I made an agreement with my school that no alcohol or drugs would be brought or used on campus by me. Both of these decisions were made very poorly by me and because I did not make better ones, I received various consequences. I also could have had severe consequences with the law being that I am underage.

I could have prevented this situation by not only choosing to not consume alcohol as I am under the age, but to also not of bring the alcohol to school with me or into a campus apartment. Kutztown is a dry campus and I should have remembered that and my agreements I made upon moving in. I also could have chosen to not drink alcohol as a whole due to the horrible health effects it has on one’s self such as liver damage and possible failure, brain damage, and the effects it has on the inner lining of our stomach.

Being that I am only 19 drinking alcohol can have long term effects not only on my liver and kidneys but on my brain and central nervous system as I get older. Deciding to drink and own alcohol especially as a college student is a very irresponsible decision that I regret making and I will work to do better by not doing this again until I am of the legal age. As a college student I am here to study and excel at achieving my plans for the future.

My behavior impacted my roommates because we were all punished in one way or another as well as the resident life staff because they had to take time out of their day to deal with my misjudgments. I was not the only one effected by my bad decisions.

If I was placed in the same situation again, I would refuse to bring the alcohol to campus where it is not allowed. I would also refuse to consume any alcohol because I am underage. By making these changes I would avoid another situation like this one.I have learned a lot from this experience, but I think the greatest lesson is that no alcohol is worth any of this. No alcohol is worth taking a $40 course and risking my living on campus. I have learned to use better judgement and to not only think about how my actions might affect myself but how they might affect others as well. I so not feel that this decision reflects my character because I hold myself to a high standard and expect more of myself. Alcohol is a very dangerous substance and there are many examples in the accidents that occur to people while under the influence and many scientific reasons that should make the consumption of alcohol illegal. After taking this course I’ve realized this and may never have a sip of alcohol again. My eyes have been truly opened to the dangers of drinking and the irresponsibility of underaged drinking. I am glad that this has happened to me in a sense because now I can pass on the knowledge I’ve learned from this course and educate my friends and family on the true dangers of alcohol consumption. The affects it has on the body is no different than if you were to consume poison because in reality that is what alcohol is. I wouldn’t want anyone to experience these consequences.

Being involved in Greek life here on campus has inspired me to take a stand within my own organization to educate my sisters on the dangers of alcohol and the possible effects it can have on people. I feel as though being a member of Greek life I definitely have more opportunities to drink than other outside of Greek life do. With alcohol constantly surrounding myself and others in Greek life I feel as though educating others is a huge part of being in Greek life.

To conclude no amount of alcohol is worth risking your own personal health or future on. Whether it be a worth $5 or $500 my future is worth much more than these figures. My job here in college is to do everything in my power to make my dreams for my future come true. By consuming alcohol, I am not only jeopardizing these dreams but also jeopardizing myself being able to physically make it to watch those dreams come true. I refuse to make these foolish decisions again and have decided to use this incident as a learning point in my college career.

DUI Defense is complicated and so is finding a professional defense attorney. The attorneys have a successful, long-standing, history of representing clients accused of felony and misdemeanor DUI charges. DUI charges are reduced or dismissed for many of the firm’s clients.

The common DUI Defenses include: driving erratically, but you weren’t intoxicated, exhibiting symptoms of intoxication, but you weren’t drunk, and unreliable field-sobriety tests.

What Is DUI/Criminal Defense Under California Law?

Vehicle Code 23152(a) reads: ‘(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.’ Vehicle Code 23152(a) VC is the California DUI law that makes it a crime to operate a motor vehicle ‘under the influence’ of alcohol. ‘Under the influence’ means that your physical or mental abilities are impaired to the extent that you can no longer drive as well as a cautious, sober person. In California, motorists can be prosecuted under this statute, even if their blood alcohol concentration is below 0.08%. First, second and third offense Vehicle Code 23152(a) charges are prosecuted as misdemeanors in California.

Penalties for a DUI conviction include misdemeanor probation, fines, DUI School, a driver’s license suspension, and in some cases jail time and a requirement of installing an ignition interlock device on the offender’s vehicle. The top legal defenses to California driving while intoxicated (‘DUI’) charges fall into three categories: • You weren’t intoxicated • Your driving wasn’t impaired, and/or • The officer who arrested you for DUI didn’t follow proper procedures For example, John is on trial for DUI. Officer Scott, the arresting officer, testifies at his hearing. Officer Scott testifies that, when he pulled John over, he observed that John had a breath that smelled like beer. But on cross-examination by John’s Vista DUI defense lawyer, Sheriff Scott admits that he never questioned John about other possible causes. As it turns out, John had a couple of Coronas and several non-alcoholic beers throughout the day, which explains the odor on his breath but was not nearly enough alcohol to make him ‘under the influence’ for purposes of California DUI law. This fact cast substantial doubt on the assertion that John was under the influence, and prevent the prosecution from getting a guilty verdict in his DUI case. Therefore, a DUI arrest does not have to mean a DUI conviction. Possible DUI Criminal Sentencing for Driving Under the Influence of Alcohol And/ Or Drugs (Vehicle Code Section 23152) The consequences of violating California’s Vehicle Code 23152(a) VC – driving under the influence law, depends on whether you are convicted of your first, second, third, or subsequent offense. Most first, second, and third-time DUIs are misdemeanors. Fourth and subsequent DUIs within a 10-year period are typically filed as felony drunk driving charges in California. Being involved in a DUI causing injury can also influence this determination.

Possible Penalties for a First Time DUI Conviction

According to the California Penal Code, first DUIs are usually considered misdemeanor offenses. When a defendant is convicted of driving under the influence, in California, for the first time, the potential penalties may include: probation for 3-5 years, up to six months in a county jail, between $390 and $1,000 in fines, a three or nine-month court-approved alcohol and/or drug school program (AB541 class), a six- to ten-month driver’s license suspension. After a month, you’ll often have the ability to receive a restricted license that allows you to drive to essential places like work and school. ‘. A “restricted license” only enables you to drive during your employment, and to and from work, school, and/or California DUI School. Even if you also serve time in jail, you will usually be hit with three years of probation. As part of your probation order, you’ll need to complete the ninety day DUI school program, and if your blood alcohol level were extraordinarily high at the time of your arrest, you’d need to attend a nine-month DUI class.

Penalties Applied For a Second DUI

Conviction In case of a second California DUI conviction within a 10-year period, most prosecutors will charge you with a misdemeanor, unless you hurt or someone was killed while driving under the influence. All of the penalties for first DUIs apply for second DUIs, though most of these penalties become more severe. While the fine for DUI stays the same for both first and second offenses, you could spend up to a year in county jail if you are arrested for DUI again within ten years of your primary offense. When you are convicted of a second DUI charge, the court will suspend your license for two years and after twelve months, may be converted to a restricted license. If you’ve only been convicted of drunk driving, you can apply for a limited license after 90 days; for instances of drugged driving, however, you’ll need to wait a year before you can apply for a restricted license. Most judges order three years of probation for second DUIs. The judge will also decide whether you should attend an 18-month or a 30-month DUI school.

Penalties Applied For a Third DUI Conviction

The California DUI punishment for a third conviction within ten years can include between 3-5 years of probation, a minimum of 120 days to a maximum of one year in a county jail, between $390-$1,000 in fines, completion of a 30-month court-approved DUI school, a 3-year California driver’s license revocation which, after 6 months, you may apply for a restricted license and designation as a ‘habitual traffic offender’ by the DMV. Penalties Applied For Fourth or Subsequent DUI Conviction If you’re convicted for driving while drunk for four or more times within ten years, your arrest may be considered a felony offense. Most judges will conclude that you have been given ample opportunities to learn your lesson. While you’ll still have to pay a fine of $390-$1,000, you could face up to 4 years in prison, and your minimum jail sentence is 16 months. You’ll also be labeled as a ‘Habitual Traffic Offender’ for three years, and your license will be revoked for four years by the DMV. As a felon, you will lose your rights to own a gun, and you will not be able to vote while you are jailed or on parole. If you’ve already been convicted of DUI or a related offense three times before, your case will be prosecuted vigorously, and you’ll have to mount a strong defense if you want to avoid significant jail time. Instances Under Which DUI in California Can Be a Felony Driving under the influence of alcohol or drugs in California is typically a misdemeanor offense. However, if you hurt or kill anyone else due to your intoxicated driving, harsher penalties may apply, and your offense may be upgraded to a felony. A felony DUI conviction comes with a 16-month to a four-year prison sentence, and an injury DUI can come with fines as high as $5,000. A misdemeanor DUI offense (California Vehicle Code section 23152) usually doesn’t involve any injuries, while a felony DUI offense (California Vehicle Code section 23153) requires someone besides the driver getting hurt or dying. A California drunk driving charge may result in a felony filing if:

1. Your DUI caused injury or death to another When another person suffers injury or death because you drove under the influence, and either committed an additional vehicle code violation or drove in an otherwise negligent manner, California prosecutors can charge you with a felony DUI under:
   1. • Vehicle Code 23513 VC for driving under the influence, causing injury
   2. • Penal Code 191.5(a) for gross vehicular manslaughter while intoxicated
   3. • Penal Code 191.5(b) for vehicular manslaughter while intoxicated, or DUI second-degree murder.
2. You have 3 or more prior DUI convictions within ten years In California, driving under the influence is what’s known as a ‘priorable’ offense. Priorable offenses have stiffer penalties and sentences every time you are convicted for another same or similar offense. If you have suffered three or more prior DUI convictions within the last ten years, and suffer another DUI arrest, you will likely now be charged with a felony DUI in California. Concerning drunk driving, prior offenses include any combination of the following:
   1. • A California DUI
   2. • A California ‘wet reckless’
   3. • An out-of-state conviction that if committed in California would be equivalent to a DUI
3. You have at least, one prior felony DUI conviction If you commit a DUI, even a ‘simple’ misdemeanor DUI with no aggravated circumstances and you have at least one prior felony DUI; you will be charged with a felony. This situation would likely arise if you suffer a DUI conviction and your prior DUI conviction (1) caused injury or death and was charged as a felony, or (2) was charged as a felony because you had multiple DUI convictions.

Hidden Costs Associated With a DUI Arrest

As if the shame and hassle of a drunk driving arrest and conviction aren’t bad enough, a DUI comes with a hefty price tag, too. Your first DUI can cost upwards of $20,000 – and more – even without property damage or anyone harmed. The State of California has a tax, known as a “penalty assessment,” that makes the total about five times that amount. In addition to the fines related to your pending DUI arrest, you’ll also need to pay money for a variety of ‘indirect costs.’ For instance, if you need to have your car towed from the place where you were arrested, you could have to pay over $100. There’s also usually an impound fee associated with this tow job, which costs another $100 or more. Your court-mandated Driving Under the Influence treatment program could also cost $600 or more, and the court itself might levy $800 or more in general ‘costs’ lumped in with your arrest. California also demands that you make a contribution of $500 to a program called the California Victim Compensation Program if you’re convicted of DUI, which is a fund that helps people whose lives have been negatively impacted by drunk driving. When you’re convicted of drunk driving, your car insurance premiums will also increase substantially since your insurance company will no longer consider you to be a safe driver. You’ll have to pay a $125 reinstatement fee when you’re allowed to retrieve your driver’s license back, and if you have to equip your car with an ignition interlock device, you’ll need to pay approximately $2.50 per day plus a $100 installation fee.

What Must Be Proved By the Prosecutor to Be Convicted of DUI?

For a DUI prosecutor to prove that a defendant is guilty of driving under the influence, there are certain criminal elements that a prosecutor must be able to establish beyond a reasonable doubt. If the evidence is weak or the prosecutor is unable to prove each element, the People may be unable to proceed with the charges.

1. The Elements of DUI To establish whether a defendant is guilty of driving under the influence, the prosecution must prove that the defendant drove a vehicle and that he or she was under the influence of drugs or alcohol at the time of driving or had a BAC of 0.08 percent or higher at the time of driving.
2. Proving the Defendant Was Driving In California, the prosecution must show more than mere physical control of a vehicle. In many cases, the arresting officer will personally observe the defendant driving a vehicle. However, in some cases, the officer may not see the defendant drive a vehicle, and the prosecution must be able to prove driving by some other means. The prosecution may rely on witness statements to prove that the defendant was driving or the defendant’s own admission that he or she was driving the vehicle.
3. Proving the Defendant Was Under the Influence at the Time of Driving To be charged with California Vehicle Code Section 23152(b) VC, the prosecution must be able to prove that the defendant was under the influence of drugs/alcohol at the time of driving or had a BAC of 0.08 percent or higher at the time of driving. Often, the prosecution relies on the results of the breath or blood test taken after the time of driving. If the defendant refused to test, the prosecution would have to prove he or she was under the influence with other evidence. This may include proof of the defendant’s driving conduct, performance on the field sobriety tests or other factors that may be taken into consideration.

Common DUI Defenses

• Field sobriety tests aren’t reliable: Field sobriety tests, which often involve walking a straight line toe-to-toe or reciting the alphabet backward, can be interfered with by factors other than intoxication. For instance, if you’re naturally clumsy, unreasonably nervous, or exhausted, you may be incapable of providing an adequate performance in field sobriety tests even if you didn’t take a drink.
• You were driving erratically, but you weren’t intoxicated: Sometimes, a California police officer may arrest you for DUI based on erratic driving. However, your driving pattern is not a reliable indicator that you were driving under the influence. The National Highway Traffic Safety Administration (NHTSA) indicates that driving patterns are only predictive of DUIs 35 percent of the time, which means that if your arrest was based mainly on your driving, it might have been invalid.
• Your arresting officer didn’t follow the proper procedures: Whether they acted incorrectly when pulling you over, administering sobriety tests, or filing the proper paperwork, it’s sometimes possible to have DUI charges dropped. If your arresting officer didn’t conduct him or herself properly in the course of your arrest, evidence may be excluded from use in your trial, which could force the prosecutor to drop charges.
• You exhibited symptoms of intoxication, but you weren’t drunk: When your arresting police officer pulled you over, they examined you for signs of drunkenness. However, symptoms such as red eyes, slurred speech, and flushed cheeks aren’t necessarily signs of alcohol intoxication; they can also be signs of illness, allergies, or fatigue. If your DUI attorney is keen enough, they will also argue that alcohol itself has no odor, thus invalidating the assertion that the officer who made the arrest smelled alcohol on your breath.
• You weren’t mentally impaired while driving: When you’re drunk, you’re almost always both physically and mentally impaired. However, if you don’t show signs of mental impairment when you’re pulled over by your arresting police officer, you may be able to provide the argument that your physical impairment was caused by something other than alcohol.

Alcohol is branded with a licit status meaning it is legal although a major issue with this status is that misuse of this substance can cause harm to other individuals and has many negative consequences for society including increased physical violence, car incidents and work-related problems (Klingemann & Gmel, 2001). World Health Organisation suggests that around 2 billion people in the world consume alcohol with around 76.3 million of them being diagnosed with alcohol disorders (WHO, 2011b). These effects when misusing alcohol impact on the whole of society including the attention and resources of criminal justice system and health care institutions to aid in support (Gmel & Rehm, 2003). The social impact of alcohol consumption is significant as in the UK it has been estimated to cost £1.5 billion to the healthcare services, £6.4 billion to workplace costs and £7.3 billion in public disorder in 2004, later on to this the European Union found that in 2010 the social costs of alcohol-related problems was around £115.4 billion (UK Prime Minister’s Strategy Unit, 2004). These financial issues of alcohol are straining the limited resources the UK government possess and could be used towards the already collapsing healthcare system where government funding is sacrificed due to the excessive amounts of money spent on alcohol related issues.

Alcohol consumption’s largest social concern is drink driving as it was found over 10,000 deaths each year are due to drunk drivers with approximately 31% of car incidents being due to alcohol-impaired driving (NHTSA, 2010). According further to NHTSA (2010) found that 35% of car incidents involved individuals who have a BAC of 0.08 percent or higher. Alcohol can affect drivers’ cognitive ability, attention span, reaction time and judgement even when consumption is low it still significantly affects the individuals driving ability. Nash (1962) established that drivers become more distracted whilst under the influence of alcohol when they were asked to complete certain tasks. Alcohol can cause major car incidents due to the individuals affected judgement of distance and perception as well as their ability to process various information at the same time. In addition to Nash’s research it was found that alcohol impacts on reaction times, visual awareness and logical reasoning’s which could all impact on the driver when under the influence which is what causes the high percentage of drunken car incidents due to overall lack of control on their bodily responses (Williamson, Feyer, Mattick, Friswell & Finaly-Brown, 2001).

Further to the effect on the road alcohol Misuse can impact majorly on individuals’ workplaces as it can cause reduced productivity and unforeseen absences due to alcohol related sicknesses, therefore impacting significantly on the employees’ cost (Klingemann & Gmel, 2001). Through various studies there has been found a high association between misuse of alcohol and unemployment as well as individuals who lose their job have increased intake of alcohol (Gallant, 1993). In terms of the relation between work accidents and alcohol consumption it was found in Australia that employees in industrial worksites were 2.7 more times likely to have an injury-related absence than those workers who did not misuse alcohol (Webb, 1994). On average in a year it was found that around 10 million working days were lost due to alcohol-related issues and around 25% of workplace incidents were also directly linked to alcohol misuse. Prime Minister’s Strategy Unit (2003) found that annually it is estimated that alcohol misuse costs workplaces up to 6.4 billion. Therefore, alcohol having a licit status can have many negative impacts around individuals’ workplaces and to their fellow employees in terms of incident rates.

While alcohol misuse consumption can negatively impact on workplaces and driving the family of the individual impact significantly due to many relying on that individual. Consumption of alcohol during maternity can result in children developing foetal alcohol syndrome and further impact on the child’s environment in social and economic terms (Gmel & Rehm, 2003). Parental alcohol misuse can also impair on the care and support they can give for their family causing issues for functioning of the household. In addition to this alcohol consumption can have major influential costs on the family such as the amount of resource and impact negatively on their financial status (Room & Jernigan, 2000). Furthermore, to alcohol consumption effect on children is them being neglected due to not providing food for them or giving them sufficient enough care and support. Many parents who are constantly intoxicated may provide alcohol to children as a substitute for food, additionally it means the children are do not socialize, attend school or turn to delinquent activities (Molamu & Macdonald, 1996). The licit status obviously can cause major negative impacts on the family of individuals in terms of them misusing it or consuming higher volumes than recommended causing neglection or even to the extreme poverty in the household. Poverty and alcohol consumption are another major risk for individuals’ families as besides money spent they spend on alcohol they additionally face further economic issues such as unemployment, medical expenses for illnesses and incidents, finally decreased eligibility for loan applications (Baklein & Samarasinghe, 2001).

Although alcohol consumption has been found to impact negatively on individuals work performance as Ames & Janes (1992) found shift work, job workload and boredom with tasks can be an issue further to these workplace stress can actually cause individuals to have increased alcohol consumption in order to deal with the stress. Therefore, the ‘licit’ status of alcohol is not what directly causes social harm but society itself influences individual’s consumption of alcohol in terms of stress and anxiety (Ames & Janes, 1992).

Further addition to alcohol-related family issues there is also a major social issue of violence. The main problem is intimate partner violence linking to alcohol misuse, as the intake of alcohol increases the severity of domestic violence also increases (Bennett & Bland, 2008). It has further been suggested that alcohol directly inhibits individuals physical and cognitive functions causing them to have reduced self-control and unable to resolve conflict in a non-violent manner leading to domestic violence within their relationship (Gilchrist, Johnson, Takriti, Beech, Kebbell & Weston, 2003). Statistics have shown that in 2011/12 7.3% of women and 5% of men experienced domestic abuse whilst their partners were under the influence of alcohol. Additional to these statistics 60% of recorded murders that individuals committed were under the influence of alcohol, as seen that high volumes of alcohol lowers inhibitions which leads to aggression and due to their cognitive functioning declining they misread a situation which could lead to sexual assault (Abbey, Zawacki, Buck, Clinton & McAuslan, 2001). Furthermore, a meta-analysis reviewed intimate partner violence in relation to alcohol, looking at the prevalence between alcohol consumption before physical violence towards partner varies majorly between countries as in England the rate is 32% compared to 55% in the USA. This difference though could show that cultural differences influence an individual under the influence as well as the effect of alcohol on them (WHO, 2006). The licit status of alcohol means the social harm of domestic abuse is heightened due to no restrictions emplaced on the volume of consumption someone can legally consume. A study showed that reductions in the quantity of alcohol after treatment reduced the rate of intimate partner violence showing that the legalisation of alcohol can cause individuals to misuse it having a knock-on effect to increased intimate partner violence (O’Farrell, Fals-Stewart, Murphy & Murphy, 2003). To conclude the status of alcohol should be reconsidered in terms of placing restrictions on alcohol sales times in order to reduce the level of alcohol-related violence. Some countries place time frames so no alcohol after 23:00pm and limit the amount of alcohol sold to individuals which has successfully reduced the rates of crimes especially domestic violence when intoxicated (Douglas, 1998).

Although alcohol consumption is associated mainly with social harm it is mainly due to misusing alcohol whereas moderately consuming alcohol has many social benefits to individuals. Sayette (2012) found that alcohol stimulates social bonding between individuals as it increases the amount of time people spend communicating and interacting with each other causing a decrease in any negative emotions they may experience. Further to this a study involving 54 male social drinkers were observed and found that alcohol consumption heightened individual coordination of smiling behaviours and improvement of social bonding suggesting that alcohol can impact positively on individuals if alcohol consumption is taken responsibly and moderately to cause a positive social bonding environment (Kirchner, 2006). Moreover, alcohol has become a key influencer in social gatherings in terms of racing days, anniversaries and celebrations as it has been known that pubs hold a sense of friendship and warmth which the beneficial side of alcohol in society (Phillips, 1996). Moreover, the motivational model highlights how alcohol impacts positively on society as individuals will consume alcohol to reduce anxiety and alleviate the feeling of stress. As Wilson, Abrams & Lipscomb (1980) found that looking at men and levels of anxiety when consuming alcohol, stated that they were less anxious and appeared to have lower heart rates this impact effects society to as individuals consume alcohol as a psychological advantage causing no social harm.

In conclusion to the licit status of alcohol and social harm it can causes is a substantial issue as it is considered the most dangerous psychoactive substance so although moderate consumptions of alcohol are considered to increase sociability, heightened mood, relaxation and to overcome any inhibition the individual has (National Health and Medical Research Council, 2009) it does impact society in a negatively violent way. Alcohol ‘licit’ status can create immense harm to society in terms of workplace, violence, family disputes and drink driving incidents when it is misused.