Implied-consent laws: A review of the literature and examination of current problems and related statutes

Problem

A substantial proportion of drivers arrested for DUI refuse the BAC test, thereby reducing the likelihood that they will be convicted and potentially increasing the number of high-risk multiple offenders contributing to alcohol-related crashes.

Method

This paper reviews the information on the current status of implied-consent laws (which impose a sanction on offenders who refuse the BAC test) in the 50 states and the other relevant traffic safety laws and policies that may influence state refusal rates.

Results

Although there appears to be only a weak relationship between state refusal rates and crash rates, there is strong evidence that BAC test refusals significantly compromise the arrest, prosecution, and sentencing of DUI suspects and the overall enforcement of DUI laws in the United States.

Discussion

Laws and policies that may reduce the number of refusals are discussed.

Impact on industry

Alcohol-related crash injuries are an important cost problem for U.S. industry because of property damage from crashes, crash injuries to employees that raise health costs, or the reduction of time on the job resulting from a highway injury.     

Ecological literacy and psychographics: lifestyle contributors to ecological knowledge and understanding

Knowledge and understanding about how the ecological systems of the Earth support life form the foundation for ecological literacy, which, in turn, is of critical importance for sustainability. There is widespread concern that levels of ecological literacy within many contemporary human societies are too low to enable effective decision-making about how to live sustainably. This paper presents and discusses the findings of an ecological literacy assessment of South Australian adults. The assessment tested for knowledge and understanding of ecological systems and interconnections with human society. Analyses revealed significant relationships between assessment scores and a range of value-based and behavioural characteristics. Such characteristics included the value placed on nature, time spent outdoors and in nature, involvement in nature-based activities, and perceived sources of ecological knowledge and understanding. Higher average scores were correlated with higher values accorded to involvement in outdoor activities, importance of the outdoors to enjoyment of life, importance of nature in the household, volunteer environmental activity and growing food. Higher scores were also correlated with higher education, research activities, outdoor lifestyles, place-based experiences, volunteer activities, mentors and colleagues, and books and magazines. Lower scores were achieved by those who considered media, natural disasters and environmental marketing to be major contributors to their ecological knowledge. These findings contribute to a broader study of the relationships between ecological literacy and a range of both socio-demographic and psychographic characteristics. They invite serious consideration from any society that values the participation of an informed population with the capacity to make sustainable environmental decisions.     

The case for policy‐relevant conservation science

Drawing on the “evidence‐based” (Sutherland et al. 2013) versus “evidence‐informed” debate (Adams & Sandbrook 2013), which has become prominent in conservation science, I argue that science can be influential if it holds a dual reference (Lentsch & Weingart 2011) that contributes to the needs of policy makers whilst maintaining technical rigor. In line with such a strategy, conservation scientists are increasingly recognizing the usefulness of constructing narratives through which to enhance the influence of their evidence (Leslie et al. 2013; Lawton & Rudd 2014). Yet telling stories alone is rarely enough to influence policy; instead, these narratives must be policy relevant. To ensure that evidence is persuasive alongside other factors in a complex policy‐making process, conservation scientists could follow 2 steps: reframe within salient political contexts and engage more productively in boundary work, which is defined as the ways in which scientists “construct, negotiate, and defend the boundary between science and policy” (Owens et al. 2006:640). These will both improve the chances of evidence‐informed conservation policy.     

Characteristics associated with high and low levels of ecological literacy in a western society

The integrity of the relationship between humanity and nature is fundamental to the health and survival of our species. Humans have always required knowledge and understanding of the planet’s life-supporting systems. Such knowledge and understanding form the basis of ecological literacy which, we suggest, is fundamental to the sustainability of human settlements. An assessment of South Australian adults showed positive correlations between ecological literacy and a number of socio-demographic and psychographic factors. An analysis of the most and least eco-literate individuals within a sample of over 1000 adults revealed significant distinguishing characteristics. Our findings indicate that high ecological literacy is strongly correlated with gender, age, education (and in particular, science-based education), employment status, engagement with nature both as children and adults, growing food, outdoor experiences and lifestyles, growing up in small communities and relational learning. In contrast, low ecological literacy is associated with a different set of socio-demographic and psychographic characteristics such as lower levels of education, growing up in large urban communities, and spending little time outdoors or in natural settings. In addition, perceptions about the major contributors to ecological knowledge and understanding were markedly different within the two groups. These patterns of difference between those with high and low ecological literacy among South Australian adults invite serious consideration for a society that aspires to cultivate an informed citizenry with capacity for making effective environmental decisions.     

Environmental justice: A louisiana case study

The paper begins with a brief analysis of the concepts of environmental justice and environmental racism and classism. The authors argue that pollution- and environment-related decision-making is prima facie wrong whenever it results in inequitable treatment of individuals on the basis of race or socio-economic status. The essay next surveys the history of the doctrine of free informed consent and argues that the consent of those affected is necessary for ensuring the fairness of decision-making for siting hazardous facilities. The paper also points out that equal opportunity to environmental protection and free informed consent are important rights. Finally, it presents a case study on the proposed uranium enrichment facility near Homer, Louisiana and argues that siting the plant would violate norms of distributive equity and free informed consent. It concludes that siting the facility is a case of environmental injustice and likely an example of environmental racism or classism.     

The Precautionary Principle: Scientific Uncertainty and Omitted Research in the Context of GMO Use and Release

Commercialization of genetically modified organisms (GMOs) have sparked profound controversies concerning adequate approaches to risk regulation. Scientific uncertainty and ambiguity, omitted research areas, and lack of basic knowledge crucial to risk assessmentshave become apparent. The objective of this article is to discuss the policy and practical implementation of the Precautionary Principle. A major conclusion is that the void in scientific understanding concerning risks posed by secondary effects and the complexity ofcause-effect relations warrant further research. Initiatives to approach the acceptance or rejection of a number of risk-associated hypotheses is badly needed. Further, since scientific advice plays a key role in GMOregulations, scientists have a responsibility to address and communicate uncertainty to policy makers and the public. Hence, the acceptance of uncertainty is not only a scientific issue, but is related to public policy and involves an ethical dimension.