Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA179292
`ESTTA Tracking number:
`12/06/2007
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91179336
`Defendant
`Churchill, Monica
`Matthew A. Powelson
`LaRiviere, Grubman & Payne, LLP
`19 Upper Ragsdale Drive, Suite 200, P.O. Box 3140
`Monterey, CA 93942
`UNITED STATES
`uspto@lgpatlaw.com
`Motion for Summary Judgment
`Alan E. Engle
`uspto@lgpatlaw.com
`/Alan E. Engle/
`12/06/2007
`Dec of AEE in Support of SJM 120607.pdf ( 40 pages )(1460334 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`Date of Filing: December Q2, 2007
`I hereby certify that this paper or fee is being electronically filed with the United States Patent and T1'ademark Office
`on the date indicated above.
`
`Typed or Prin Naiiie‘of@1301} Electronically Filing Paper or Fee: Ricki Alexander
`(gr
`
`Signature:
`A QL-ig“ I
`tie ’“
`
`
`
`
`TRADEMARK: DRINK RESPONSIBLY
`
`IN THE
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Registration Application Serial No. 7 8/4219] 0.
`
`Opposition No. 91 E79336
`
`I )
`
`ANHEUSER-BUSCl'-I INCORPORATED,
`
`Opposer,
`
`V.
`
`MONICA CHURCHILL,
`
`)
`)
`)
`)
`)
`)
`Applicant.
`_;mL________?E_.)
`
`DECLARATION OF ALAN E.
`ENGLE IN SUPPORT OF
`APPLICANTS MOTION
`FOR SUMMARY JUDGMENT
`
`I, ALAN E. ENGLE, declare:
`
`l.
`
`I am an associate at the law firm of LaRiviere, Grubman & Payne, LLP, counsel for
`
`Applicant.
`
`I have personal knowledge of the following and could competently testify thereto.
`
`2. Monica Churchill is part—owner of Private Springs Water, a manufacturer ofprivate label
`
`water products for businesses and organizations. Ms. Churchill seeks registration of the mark
`
`DRINK RESPONSIBLY for use with the sale of bottled water.
`
`3. Attached as Exhibit A is a true and correct copy of Traffic Safety Facts from the National
`
`Highway Traffic Safety Administration
`
`downloaded
`
`from its website
`
`at
`
`DECLARATION OF ALAN E. ENGLE ISO APPLICANTS MOTION FOR SUMMARY JUDGMENT
`Page 1
`
`

`
`www—nrd.nhtsa.dot.gov/Pubs/TSF2005.PDF by me on December S, 2007.
`
`4. Attached as Exhibit B is a true and correct copy of a FAQ concerning alcohol from the
`
`Centers for Disease Control downloaded from its website at www.cdc.gov/alcohol/faqs.htm#16 by
`
`me on December 5, 2007.
`
`5.
`
`Attached as Exhibit C is
`
`a true and correct copy of the homepage of
`
`wwwbeeresponsible.com/home.html indicating it is a website established and maintained by
`
`Opposer Anheuser Bush to promote alcohol safety. This page was downloaded by me on December
`
`5, 2007.
`
`6. Attached as Exhibit D is a true and correct copy of a webpage concerning water
`
`consumption from the University of Michigan Health Systems downloaded from its website at
`
`www.med.umich.edu/umim/clinical/pyramid/water.htm. This page was downloaded by me on
`
`December 5, 2007.
`
`7. Attached hereto as Exhibit E is a true and correct copy of a TESS printout for an
`
`application for the mark KEEP IT TOGETHER. DRINK RESPONSIBLY filed by Opposer’s
`
`subsidiary Long Tail Libations, Inc. This page was downloaded by me on Decemeber 5, 2007.
`
`8. Attached hereto as Exhibit F is a set of TESS printouts for registered trademarks
`
`containing the phrase “Drink Responsibly,” including: KEEP IT FRESH. DRINK RESPONSIBLY;
`
`PACE YOURSELF, DRINK RESPONSIBLY; DRINK RESPONSIBLY - CAPTAIN‘S ORDERS! ;
`
`LIVE PASSIONATELY, BUT DRINK RESPONSIBLY; and BE A CHAMPION. DRINK
`
`RESPONSIBLY. These pages were downloaded by me on December 5, 2007.
`
`///
`
`///
`
`DECLARATION OF ALAN E. ENGLE ISO APPLICANTS MOTION FOR SUMMARY JUDGMENT
`Page 2
`
`

`
`Executed in Monterey, Caiifomia on December 6, 2007.
`
`I declare under penalty of perjury
`
`that the foregoing is true and correct.
`
`Dated: December 6, 2007
`
`Respectfully Submitted,
`
`
`
` Alan E. E
`
`DECLARATION OF ALAN E. ENGLE ISO APPLICANTS MOTION FOR SUMMARY JUDGMENT
`Page 3
`
`

`
`CERTIFICATE OF SERVICE
`
`I, Ricki Alexander, paralegal to Alan E. Engle of LARIVIERE, GRUBMAN & PAYNE, LLP,
`
`attomeys for Opposer, hereby certify that a true and complete copy of the foregoing:
`
`DECLARATION OF ALAN E. ENGLE IN SUPPORT OF APPLICANTS MOTION
`FOR SUMMARY JUDGMENT
`
`was served on:
`
`Douglas N. Masters
`LOEB & LOEB LLP
`
`321 N. Clark St., Ste. 2300
`Chicago, IL 60610
`
`postage prepaid by first—c1ass mail on December _6, 2007 .
`<<:,li.x. 6“ g7\<’I.c.L'?‘t,&=I...C(I<E‘1/
`
`
`
`Ricki Alexander
`
`DECLARATION OF ALAN E. ENGLE ISO APPLICANTS MOTION FOR SUMMARY JUDGMENT
`Page 4
`
`

`
`Exhibit A
`
`

`
`www.nhtsa.gov
`
`‘s fil:lfSA
`
`DDTE-IS 810 615
`
`Alcohol-Related crashes and Fatalities
`
`A motor vehicle crash is considered to be alcohol-related if at least one driver
`or nonoccupant (such as a pedestrian or pedalcyclist) invoived in the crash is
`determined to have had a blood alcohol concentration (BAC) of .01 gram per
`deciliter (g/ dL) or higher. Thus, any fatality that occurs in an alcohol-related
`crash is considered an alcohol-related fatality. The term ”alcohol-related” does
`not indicate that a crash or fatality was caused by the presence of alcohol.
`
`Traffic fatalities in alcohol-reiated crashes fell by 0.2 percent, from 16,919 in 2004
`to 16,885 in 2005. The 16,885 aicohol-related fatalities in 2005 (39% of total traffic
`fatalities for the year) represent a 5—percent reduction from the 17,732 aicohol-
`related fatalities reported in 1995 (42% of the total).
`
`The 16,885 fatalities in alcohol-related crashes during 2005 represent an average
`of one alcohol—related fatality every 31 minutes.
`
`In 2005, ail 50 States, the District of Columbia, and Puerto Rico had by law
`created a threshold maidng it iilegal per se to drive with a BAC of .08 g/ dL or
`higher. Of the 16,885 people who died in alcohol-related crashes in 2005, 14,539
`(86%) were killed in crashes where at least one driver or nonoccupant had a BAC
`of .08 gl dL or higher. Of the 14,539 people killed in such crashes, 71 percent were
`drivers or nonoccupants with BAC levels at or above .08 g / dL. The ‘remaining
`29 percent were drivers or nonoccupants with either no BAC or BAC below .08
`g / dL, or were passengers.
`
`Table 1
`
`Fatalities by Person Type in Crashes Invoiuing at Least One Driver or
`Nonoccupant with BAG .08 gldL or Higher, 2005
`
`Drivers with BAG .08 g/dt_ or Higher
`All Other Drivers
`
`
`
`
`
`NHTSA estimates that aicohol was involved in 39 percent of fatal crashes and in
`
`7 percent of all crashes in 2005. The nationai rate of alcohol~related fatalities in
`motor vehicle crashes in 2005 was 0.57 per 100 million vehicle miles traveled.
`
`Nonoooupants (Pedestrians and Pecialcyciists)
`with BAG .08 g/dL or Higher
`All Other Nonoccupants
`Passengers
`Total Fatalities
`
`
`
`Alcohol
`
`‘There were 16,885
`
`rzlcohol—related
`
`fatalities in 2005 -
`39 percent of the
`.
`.
`.
`to tal traffic fa ta 11 ties
`for the year.”
`
`N CS
`
`"HTSM°'i°"°'(°'"”f°'S’°”"i"“"”"‘E‘
`
`

`
`”In 2005, 21 percent of
`the children age 14 and
`younger who were killed
`in motor vehicle crashes
`
`were killed in alcohol-
`
`reloted crashes.”
`
`Injuries and Arrests
`
`An estimated 254,000 persons were injured in crashes where police reported
`that alcohol was present -— an average of one person injured approximately
`every 2 minutes.
`
`In 2004, the Federal Bureau of Investigation’s Uniform Crime Reporting Program
`estimated that over 1.4 rniilion drivers were arrested for driving under the
`influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed
`drivers in the United States.
`(2005 data not yet available.)
`
`Table 2
`Traffic Fatalities by Age and Highest BAG in the Crash, 2005
`
`
`
`16885"
`
`41
`39'
`
`-'
`
`--
`
`Table 3
`Fatal Crashes invotving at Least One Driver or Nonoccupant with BAG
`.08 gldL or Higher and Total Fatalities in Those Crashes, 1995 and 2005
`
`
`
`
`
`Total
`
`36
`
`Recorded Crashes
`
`Dwlconviotions
`
`37,241
`
`41,817
`
`13,661
`
`15242
`
`*For any person (occupant or nonoccupant) involved in the fatal crash.
`
`Children
`
`In 2005, 21 percent of the children age 14 and younger who were killed in motor
`vehicle crashes were killed in alcohohrelated crashes.
`
`In 2005, a total of 414 (21 %) of the fatalities among children age 14 and younger
`occurred in crashes involving aicohol. Of those 414 fatalities, more than half (224)
`of those killed were passengers in vehicles with drivers who had been drinking,
`with BAC levels of .01 g / dL or higher. An additional 96 children were killed as
`passengers in vehicles with drivers who had not been drinking.
`
`Another 48 children age 14 and younger who were killed in traffic crashes in 2005
`were pedestrians or pedalcyclists who were struck by drivers with BAC .01 g/ (:11.
`or higher.
`
`m‘H+s;;»;r:;g;;;.;‘;.;i.“¢;’.;;;;;;4 ;¢;;“«s;;g;;“a;;“5;;
`
`Street SW., Washington, DC 2
`
`

`
`Nonoccupants
`
`More than one-third (34%) of all pedestrians age 16 and older killed in traffic
`crashes in 2005 had BAC leveis .08 g/ dL or higher. By age group, the percentages
`ranged from a low of 9 percent for pedestrians age 65 and older to a high of 46
`percent for those age 21 to 24.
`
`Table 4
`
`Nonoccupants With BAG .08 gldi. or Higher Kilied in Motor Vehicle Crashes
`b A e Greu
`1995 and 2005
`
`”More than one-third
`
`of all pedestrians age
`16 and older killed in
`
`traffic crashes in
`2005 had BAC levels
`
`of .08 g/dL or higher.”
`
` <16
`16-20
`21 —24
`25-34
`35-44
`45-64
`65+
`Unknown
`Total
`
`47
`41
`76
`150
`287
`81
`8
`' 784
`
`833
`
`169
`
`' ‘- =20
`
`"
`
` 8
`
`8
`13
`26
`47
`74
`4
`4
`181'
`
`17'
`81
`84
`81
`31
`5
`48
`" 23
`
`*includes pedestrians age 15 and younger and pedestrians of unknown age.
`
`Alcohol irivolve1nent— either for the driver or for the pedestrian --— was reported
`in nearly one half (44 percent) of the traffic crashes that resulted in pedestrian
`fatalities. Of the pedestrians involved, 32 percent had a BAC of .08 g/ dL or higher.
`Of the drivers involved in fatal crashes, only 11 percent had a BAC of .08 g/ dL or
`higher, less than one~half the rate for the pedestrians. In 5 percent of the crashes,
`both the driver and the pedestrian had a BAC of .08 g / dL or higher.
`
`Time of Day and Day of Week
`
`The rate of alcohol involvement in fatal crashes is more than 3 times higher
`at night as during the day (59% versus 18%). For all crashes, the alcohoi
`involvement rate is 5 times higher at night (16% versus 3%).
`
`In 2005, 30 percent of all fatal crashes during the week were alcoho1—related,
`compared to .32 percent on weekends. For all crashes, the alcohol involvement rate
`was 5 percent during the week and 12 percent during the weekend.
`For more information:
`
`, .
`
`

`
`
`
`
`
`
`
`Percentage of Drivers with BAG .08 gldL or Higher Killed in Motor Vehicle
`Crashes by Time of Day and Day of week, 1995 and 2005
`
`
`
`Driver Fatalities by Crash Type and ‘Fame at Day
`
` Single-Vehicle Crash
`Total
`Daytime‘
`Nighttime“
`Multiple Vehicle Crash
`Total
`
`Daytime*
` Nihliime“
`
`
`
`-12
`-B
`-8
`
`-16
`
`—
`
`Weekday“
`Weekend****
`
`14,373
`9 936
`
`3,765
`4 710
`
`23
`42
`
`-8
`-9
`
`"The highest percentage
`of drivers in fatal
`crashes who had BAC
`
`levels of.08 g/dL or
`higher was for drivers
`ages 21 to 24.”
`
`Driver Fatalities by Day of Week
`3,634
`25
`16,262
`4,620
`46
`11 138
`Driver Fatalities by Time of Day
`1.739
`14
`§4,D92
`6,383
`54
`T3 331
`
`
`
`1.827
`8.541
`
`13
`50
`
`12.329
`11.779
`
`Weei<day***
`Daylime*
`Nighttime“
`Weekend****
`
`Daytime‘
`Nihitime“
`
`Driver Fatalities by Day at Week and Time of Day
`
`-7
`
`9,019
`5,270
`
`3.310
`6.499
`
`1,029
`2,555
`
`71 G
`3.826
`
`11
`48
`
`21
`59
`
`-9
`-8
`
`-5
`
`*6 am. to 6 pm. “6 p.m. to 6 21.111. ***Monday 6 am. to Friday 6 p.111.
`****Friday 6 pm. to Monday 6 am.
`
`Figure 1
`Drivers Involved in Fatal Crashes with BAG Levels .08 g/dL or Higher by
`Age Grout). 2005
`
`Percentage of Drivers with BAG .08 g/dL or Higher
`
`35%
`
`30%
`
`25%
`
`20%
`
`10%
`
`15%
`
`<16
`
`16-20
`
`2?-24
`
`45-54
`25-34 35-44
`Age Groups (Years)
`
`55-64 6544
`
`75+
`
`
`National (Eeenter for Statistics Analysis
`
` 400 Seventh Street SW, weshii;EjVEE$‘fiTi3E)"'§B5§Ei‘
`
`

`
`Tabie 6
`
`Drivers in Fatal Crashes with BAG .08 g/dL or Higher by Age, Gender, and
`Vehicle Type, 1994 and 2004
`
`
`
`‘The percentage of
`drivers with BAC .08
`
`g/dL or above in fatal
`crashes was highest for
`motorcycle operators.”
`
`56,164
`
`
`
`
`
`1,203
`7,293
`1,198
`16
`0
`1.994
`32
`6,548
`2,086
`32
`0
`
`3,953
`30
`11.378
`3,162
`28
`-7
`2,784
`26
`10,733
`2,490
`23
`-12
`1,206
`18
`9,403
`1,752
`19
`6
`555
`14
`6,041
`714
`12
`-14
`246
`3,212
`210
`7
`—
`118
`3 003
`116
`4
`
`Drivers by Sex
`
`
`
`
`
`
`
`
`
`21 -24
`25-34
`35-44
`45-54
`55-64
`
`7,725
`6,263
`13,048
`10,677
`6,815
`4,079
`3,251
`2 939
`
`9,906
`1 878
`
`23
`13
`
`-8
`0
`
`
`
`—1 6
`-50
`
`
`
`43,060
`25
`10,302
`14 974
`13
`1 835
`Drivers by Vehicle Type
`
`
`
`Passenger Cars
`24,908
`30,773
`5,486
`22
`6,957’
`23
`Light Trucks
`22,757
`17,483
`4,300
`25
`4,842
`2?
`Large Trucks
`4,881
`4,410
`100
`2
`61
`1
`Moiorc cies
`4 652
`2 262
`747
`33
`1 246
`27
`
`
`
`‘Numbers shown for groups of drivers do not add to the total number of drivers due to unknown or
`other data not included.
`
`41,235
`14 184
`
`
`
`Maie
`Female
`
`
`
`Drivers
`
`In fatal crashes in 2005, the highest percentage of drivers with BAC levels .08 g / dL
`or higher was for drivers ages 2124 (32%), followed by ages 25—34 (28%) and
`3544 (23%).
`
`The percentages of drivers with BAC levels .08 g / dL or higher in fatal crashes in
`2005 were 27 percent for motorcycle operators, 22 percent for passenger cars, and
`21 percent for light trucks. The percentage of drivers with BAC ievels .08 g/ dL or
`higher in fatal crashes was the lowest for large trucks (1 %).
`
`Safety belts were used by only 28 percent of fatally injured drivers with BAC levels
`.08 g/dL or higher, compared to 44 percent of fatally injured with BAC levels
`between .01 g / oil. and .07 g/ dl. and 56 percent of fataily injured drivers with no
`alcohol (BAC = .00 g / dL).
`
`Drivers with BAC leveis .08 g/ dL or higher involved in fatal crashes were 9 times
`more likeiy to have a prior conviction for driving while impaired (DWI) than were
`drivers with no alcohol (BAC : .00 g / dL} (9% and 1%, respectively).
`
`In 2005, 85 percent (11,921) of the 14,068 drivers with BAC .01 g/ dL or higher who
`were involved in fatal crashes had BAC levels at or above .08 g/dL, and 52 percent
`(7,330) had BAC levels at or above .16 g/ dL. The most frequently recorded BAC
`ievel among drinking drivers involved in fatal crashes was .17 g/ dL.
`
`.
`
`

`
`Figure 2
`Previous Driving Records of Drivers Involved in Fatal Crashes, by Blood
`Alcohol Concentration, 2005
`
`Driving Records:
`El Recorded Crashes
`El DWI Convictions
`Speeding Convictions
`I Recorded Suspensions
`or Revocations
`
`
`
`or Higher
`
`Figure 3
`Distribution of BAD Levets tor Drivers Involved in Fatal Crashes with
`
`BAG .01 or Higher
`
`800
`
`700
`
`600
`
`500
`
`400
`
`300
`
`200
`
`100
`
`Number of Drivers
`
`E4."‘¥x“:.<:‘."3§‘»:?2"¥,7“' 6"‘
`
`V:
`
`P7"
`1
`
`‘l:
`
`it 3‘
`
` '
`
`;-_)'A(
`
`:s*,_rs=:
`
`é'§§§’:'§«‘:’."“Z”‘
`
`'-<'4V§‘?sTa'.§
`
`’‘'‘3’'"7§}5£3
`
`‘5“"*3
`
`BAG Level
`
`”In 2005, more than
`
`half (52%) of the drivers
`involved in fatal crashes
`who had been drinking
`had BAC .16 or above.”
`
`Information on speeding involvement
`in traffic fatalities is available from
`the National Center for Statistics and
`Analysis, NPO421, 400 Seventh Street SW.,
`Washington, DC 20590. NCSAinformatio11
`can also be obtained by telephone or
`by fax—on-demand at 800-934-8537. Fax
`messages should be sent to 202-366-7078.
`Generai information on highway traffic
`safety can be accessed by lnternet users
`www.nhtsa.dot.govlpeoplelncsa. To report
`a safety-related problem or to inquire about
`motor vehicle safety information, Contact
`the Vehicle Safety Hotline at 888-327-4236.
`
`Other fact sheets available from the
`National Center for Statistics and
`Analysis are Overview, Bieyclists
`and Other Cyclists (formerly titled
`Pedalcyclists), Chilrlren, Large Tracks,
`Mol.or'e_i/cles, Occupant Protection,
`Older Population, Pedeslrirms, School
`'I"ranspor!atiorz~Related Crashes, Speeding,
`Slate Alcohol Estimates, State Trafllr:
`Data, and Young Drivers. Detailed data
`on motor vehicle traffic crashes are
`published annually in Traffic Safety
`Facts: A Coiiipilatzorr ofMotor Veliich?
`Crash Data from the Fatality Analysis
`Reporting System and the General
`Estimates System. The fact sheets and
`annual Traffic Safety Facts report can
`be accessed online at www.nhtsa.dot.
`govlpeople/ncsa.
`Table 5
`
`

`
`Tabie 7
`
`Traffic Fatalities by State and Highest Blood Alcohol Concentration in the Crash, 2005
`
`
`
`
`4
`
`382
`
`34
`
`233
`
`21
`
`423
`
`31
`23
`43
`31
`6
`24
`286
`37
`434
`5
`20
`130
`32
`208
`4
`21
`980
`34
`1 ,466
`6
`22
`131
`35
`213
`5
`23
`64
`37
`101
`7
`32
`43
`44
`59
`5
`28
`13
`44
`21
`1
`23
`820
`36
`1,271
`6
`16
`285
`27
`463
`5
`28
`40
`42
`58
`9
`15
`41
`31
`85
`2
`22
`295
`35
`477
`8
`18
`170
`29
`273
`5
`13
`57
`23
`102
`4
`18
`77
`28
`122
`7
`18
`182
`27
`267
`5
`23
`224
`36
`347
`5
`14
`24
`30
`50
`5
`18
`112
`31
`191
`7
`22
`97
`34
`150
`5
`20
`224
`32
`363
`5
`21
`1 18
`31
`176
`5
`23
`211
`36
`331
`4
`22
`277
`35
`434
`6
`28
`70
`45
`112
`5
`17
`48
`28
`78
`5
`19
`81
`33
`143
`4
`20
`33
`33
`55
`3
`18
`134
`29
`217
`6
`23
`114
`35
`172
`3
`19
`270
`30
`434
`6
`21
`325
`32
`484
`4
`28
`35
`37
`46
`O
`23
`298
`31
`409
`7
`22
`‘I73
`31
`249
`4
`18
`89
`29
`139
`8
`23
`369
`35
`559
`5
`26
`23
`39
`34
`1
`25
`276
`36
`396
`6
`25
`47
`41
`76
`2
`19
`247
`31
`397
`5
`24
`857
`39
`1.371
`6
`9
`25
`12
`35
`1
`16
`12
`38
`28
`2
`19
`179
`30
`284
`7
`26
`167
`39
`253
`6
`‘I6
`59
`31
`1 16
`3
`29
`236
`40
`328
`5
`
`21
`56
`33
`36
`5
`'- -14.-5.39
`' 33'
`- -9,'31.6. - -3 21
`.: -5 ' -I
`-.
`7
`184
`41
`102
`23
`
`48
`35
`42
`492
`36
`233
`40
`1 ,719
`40
`244
`44
`120
`49
`68
`55
`26
`42
`1.471
`32
`545
`51
`71
`32
`89
`43
`580
`34
`320
`26
`118
`35
`151
`32
`313
`41
`394
`35
`59
`38
`235
`39
`171
`37
`421
`38
`201
`40
`371
`41
`515
`49
`124
`33
`91
`37
`159
`36
`60
`35
`263
`39
`189
`37
`524
`36
`549
`47
`58
`38
`505
`35
`283
`36
`‘I77
`39
`636
`50
`43
`42
`464
`43
`80
`37
`464
`45
`1.569
`13
`37
`40
`29
`37
`347
`45
`294
`34
`126
`45
`369
`
`38
`65
`-1 6.885 :--' --
`217
`48
`
`
`
`Alabama
`37
`Alaska
`685
`Arizona
`415
`Arkansas
`2,610
`California
`60
`362
`Colorado
`60
`154
`Connecticut
`56
`68
`Delaware
`51
`22
`Dist of Columbia
`45
`2.072
`Florida
`58
`1,184
`Georgia
`68
`69
`Hawaii
`49
`186
`Idaho
`68
`781
`Illinois
`57
`618
`Indiana
`66
`332
`Iowa
`74
`277
`Kansas
`65
`672
`Kentucky
`68
`561
`Louisiana
`59
`1 10
`Maine
`65
`379
`Maryland
`62
`271
`Massachusetts
`61
`708
`Michigan
`63
`358
`Minnesota
`64
`560
`Mississippi
`60
`742
`Missouri
`59
`127
`Montana
`51
`185
`Nebraska
`67
`268
`Nevada
`63
`106
`New Hampshire
`64
`485
`New Jersey
`65
`299
`New Mex%co
`61
`905
`New York
`63
`935
`North Carolina
`64
`65
`North Dakota
`53
`818
`Ohio
`62
`519
`Oklahoma
`65
`311
`Oregon
`64
`980
`Pennsylvania
`61
`44
`Fihode Isiand
`50
`629
`South Carolina
`58
`106
`South Dakota
`57
`806
`Tennessee
`63
`1.935
`Texas
`55
`245
`Utah
`87
`44
`Vermont
`60
`600
`Virginia
`63
`353
`Washington
`55
`248
`West Virginia
`66
`446
`Wisconsin
`55
`
`
`
`W omin
`105
`62
`- 43,443. '-1:26.558
`u.s. "Total
`'-
`'-
`'
`'-
`.
`--.:---s1 1
`Puerto Rico
`453
`237
`52
`
`42
`
`4
`58
`25
`254
`31
`19
`6
`5
`201
`82
`13
`5
`103
`47
`16
`30
`47
`47
`8
`44
`21
`58
`26
`40
`81
`12
`13
`16
`5
`46
`17
`91
`65
`13
`96
`34
`38
`77
`10
`68
`4
`67
`198
`2
`1
`63
`41
`11
`41
`9
`2,345
`33
`
`.-.
`
`-
`
`Note: Percentages are caiculated from unrounded data. Totals may not equal sum of components due to independent rounding.
`Tabie 8
`
`

`
`Traffic Fatalities by State and Highest Driver Blood Alcohoi Concentration in the Crash, 2005
`
`
`
`
`
`
`
`
`
`Alabama
`Alaska
`Arizona
`Arkansas
`California
`Colorado
`Connecticut
`Delaware
`Dist of Ooiumbia
`Florida
`Georgia
`Hawaii
`Idaho
`Illinois
`Indiana
`Iowa
`Kansas
`Kentucky
`Louisiana
`Maine
`Maryland
`Massachusetts
`Michigan
`Minnesota
`Mississippi
`Missouri
`Montana
`Nebraska
`Nevada
`New Hampshire
`New Jersey
`New Mexico
`New York
`North Carolina
`North Dakota
`Ohio
`Oklahoma
`Oregon
`Pennsylvania
`Rhode Island
`South Carolina
`South Dakota
`Tennessee
`Texas
`Utah
`Vermont
`Virginia
`Washington
`West Virginia
`Wisconsin
`
`1,131
`72
`1.170
`64?
`4.322
`605
`274
`134
`48
`3,535
`1,728
`139
`274
`1,359
`935
`448
`428
`983
`955
`169
`613
`442
`1.125
`555
`931
`1.256
`246
`271
`427
`165
`748
`487
`1 .424
`1.529
`122
`1 .321
`802
`485
`1,613
`87
`1,092
`186
`1 .268
`3,498
`282
`73
`945
`645
`371
`808
`
`733
`41
`753
`428
`2,844
`376
`165
`75
`26
`2,328
`1,239
`74
`188
`824
`633
`336
`283
`690
`598
`112
`410
`289
`752
`368
`589
`777
`130
`183
`284
`107
`526
`327
`981
`1.054
`66
`842
`539
`333
`1.018
`49
`667
`113
`834
`2,090
`247
`44
`622
`373
`253
`456
`
`65
`56
`64
`66
`66
`62
`60
`56
`53
`66
`72
`53
`68
`61
`68
`75
`66
`70
`63
`66
`67
`65
`67
`66
`63
`62
`53
`67
`67
`65
`70
`67
`69
`69
`54
`64
`67
`69
`63
`56
`61
`61
`66
`60
`87
`60
`66
`58
`68
`56
`
`41
`4
`55
`24
`228
`31
`18
`6
`5
`184
`76
`13
`4
`95
`48
`16
`29
`47
`48
`8
`43
`20
`61
`25
`40
`81
`11
`12
`17
`5
`42
`17
`86
`61
`11
`95
`32
`32
`73
`9
`66
`4
`63
`184
`2
`1
`60
`37
`10
`40
`
`4
`6
`5
`4
`5
`5
`7
`4
`1 1
`5
`4
`9
`2
`7
`5
`3
`7
`5
`5
`5
`7
`4
`5
`4
`4
`6
`4
`5
`4
`3
`6
`4
`6
`4
`9
`7
`4
`7
`4
`10
`6
`2
`5
`5
`1
`2
`6
`6
`3
`5
`
`358
`27
`362
`195
`1,250
`198
`91
`53
`17
`1.023
`413
`53
`82
`440
`253
`96
`1 15
`246
`309
`49
`161
`134
`312
`163
`302
`398
`105
`76
`126
`54
`180
`143
`358
`414
`45
`385
`231
`121
`523
`29
`359
`69
`371
`1,224
`33
`28
`263
`235
`108
`313
`
`32
`38
`31
`30
`29
`33
`33
`39
`35
`29
`24
`38
`30
`32
`27
`21
`27
`25
`32
`29
`26
`30
`28
`29
`32
`32
`43
`28
`30
`32
`24
`29
`25
`27
`37
`29
`29
`25
`32
`34
`33
`37
`29
`35
`12
`38
`28
`36
`29
`39
`
`216
`19
`225
`121
`756
`1 19
`56
`37
`9
`615
`247
`32
`41
`265
`155
`52
`70
`165
`197
`23
`87
`85
`185
`108
`190
`250
`64
`46
`65
`32
`105
`89
`207
`264
`34
`277
`155
`78
`341
`19
`242
`42
`227
`746
`24
`11
`164
`150
`62
`221
`
`19
`26
`19
`19
`17
`20
`21
`27
`19
`17
`14
`23
`15
`20
`17
`12
`16
`17
`21
`13
`14
`19
`16
`19
`20
`20
`26
`17
`15
`20
`14
`18
`15
`17
`28
`21
`19
`16
`21
`22
`22
`22
`18
`21
`9
`16
`17
`23
`17
`27
`
`
`I 1399
`35
`44
`32
`36
`417
`34
`219
`34
`1,478
`38
`229
`40
`109
`44
`59
`47
`22
`34
`1,207
`28
`489
`47
`65
`32
`86
`39
`535
`32
`302
`25
`112
`34
`145
`30
`293
`37
`357
`34
`58
`33
`203
`35
`153
`33
`373
`34
`187
`37
`342
`38
`479
`47
`1 16
`33
`88
`33
`143
`35
`58
`38
`222
`33
`160
`31
`443
`31
`475
`46
`57
`36
`480
`33
`263
`31
`153
`37
`595
`44
`38
`39
`425
`39
`73
`34
`434
`40
`1,408
`13
`35
`40
`29
`34
`323
`42
`272
`32
`118
`44
`353
`
`9
`2,227 I
`34
`
`=
`
`5
`.5 -'
`8
`
`'
`
`32
`54
`'-12.'945'='-3'30""
`145
`32
`
`34
`578,024"
`71
`
`I
`
`20
`. =19
`16
`
`63
`"_15,172
`179
`
`37
`
`40
`
`
`
`Wyoming
`U.S."l”otai
`Puerto Rico
`
`'
`
`'
`
`168
`43,341
`452
`
`'
`
`105
`-' 28.1169 --
`273
`
`63
`
`60
`
`Note: Percentages are calculated from unrounded data. Totals may not equal sum of components due to independent rounding.
`
`
`Wiétoo Seventh Street sw. Washington, DC
`
`

`
`Exhibit B
`
`

`
`Alcohol and Public Health — FAQs
`
`http://www.cdc.gov/alcohol/faqs.htm#16
`
`Home
`
`About CBC
`
`Press Room
`
`A-Z Index
`
`Contact Us
`
`Alcohol
`
`CDC en Espaftoi
`
`Search: |
`
`
`
`A31. Printenfriendly version
`
`Frequently Asked Questions
`Introduction to alcohol
`
`0 What is alcohol?
`I How does alcohol affecta erson?
`to alcohol than others?
`0 Wh do some eo lereactdifferentt
`0 What is a standard drink in the United States?
`0 ls beer or wine safer to drink than hard li uor?
`
`Drinking levels
`
`0 What does moderate drinking mean?
`0 is it safe to drink alcohol and drive?
`What does it mean to be above the legal limit for drinking?
`How do i know if it's okay to drink?
`
`I 0
`
`Excessive alcohol use
`
`What do you mean by heavy drinking?
`What is binge drinking?
`What is the difference between alcoholism and alcohol abuse?
`What does it mean to get drunk?
`
`Drinking problems
`
`roblem?
`I How do i know if I have a drinkin
`robtern?
`0 What can I do if I or someone I know has a drtnkin
`0 What health groblems are associated with excessive alcohol use?
`
`Special populations
`
`I I'm oun
`is drinkin bad form health?
`re nant?
`0 lsitoka to drinkwhen
`
`What is alcohol?
`
`Ethyl alcohol, or ethanol. is an intoxicating ingredient found in beer, wine. and liquor.
`Alcohol is produced by the fermentation of yeast. sugars, and starches.
`
`Back to Top
`
`How does alcohol affect a person?
`
`Alcohol affects every organ in the body. it is a central nervous system depressant that is
`rapidly absorbed from the stomach and small intestine into the bloodstream. Alcohol is
`metabolized in the liver by enzymes, however. the liver can only metabolize a small
`amount of alcohot at a time, leaving the excess alcohot to circulate throughout the body.
`The intensity of the effect of alcohol on the body is directly related to the amount
`consumed.
`
`Back to Top_
`
`Why do some people react differently to alcohol than others?
`
`individuat reactions to alcohol vary, and are influenced by many factors. including but not
`limited to
`
`Age.
`Gender.
`Race or ethnicity.
`Physical condition (weight. fitness level. etc).
`Amount of food consumed before drinking.
`
`Alcohol
`Home
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`and Guidelines
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`> > > > 2
`
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`
`Contact info
`Centers for Disease Control
`and Prevention
`Alcohol and Public Health
`4770 Buford Hwy, NE
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`
`> Contact Us
`
`I0f5
`
`12/5/2007 1:55 PM
`
`

`
`Alcohol and Public Health - FAQS
`
`http://www.cdc.gov/aicohol/faqs.htm#16
`
`0 How quickly the alcohol was consumed.
`0 Use of drugs or prescription medicines.
`0 Family history of alcohol problems.
`
`Back to Tog
`
`What is a standard drink in the United States?
`
`A standard drink is equal to 13.7 grams of pure alcohol or
`
`0 12—ounces of beer.
`0 8—ounces of malt liquor.
`I 5—ounces of wine.
`0 1.5—ounces or a “shot" of 80—proof distilled spirits or liquor (gin, rum, vodka,
`whiskey, etc).
`
`Back to Tog
`
`ls beer or wine safer to drink than liquor?
`
`No. One 12-ounce beer has about the same amount of alcohol as one 5-ounce glass of
`wine, or 1.5-ounce shot of liquor. it is the amount of ethanol consumed that affects a
`person most, not the type of aicoholic drink.
`
`Back I0 "509
`
`What does moderate drinking mean?
`
`There is no one definition of moderate drinking, but generally the term is used to describe
`low-risk or responsibie drinking. According to the Dietary Guidelines for Americans (1 ),
`drinking in moderation is defined as having no more than 1 drink per day for women and
`no more than 2 drinks per day for men. This definition is referring to the amount consumed
`on any singie day and is not intended as an average over several days.
`
`Back to Top
`
`Is it safe to drink aicohol and drive?
`
`No, alcohoi use slows reaction time and impairs judgment and coordination, all skiils
`needed to drive a car safely (2). The more alcohol consumed, the greater the impairment.
`
`Back to Top
`
`What does It mean to be above the legal Iimit* for drinking?
`
`The legal limit for drinking is the alcohoi levei above which an individual is subject to legal
`penalties (e.g., arrest or loss of a driver's iicense).
`
`I Legal limits are measured using either a blood alcohol test or a breathalyzer.
`0 Legal limits are typically defined by state iaw, and may vary based on
`individual characteristics such as age and occupation.
`
`All states in the United States have adopted 0.08% (80 mgidl.) as the legal limit for
`operating a motor vehicle for drivers aged 21 years or older. However. drivers under age
`21 years are not allowed to operate a motor vehicle with any level of alcohol in their
`system.
`
`*Legal limits do not define a level below which it is safe to operate a vehicle or engage in
`some other activity. impairment due to alcohol use begins to occur at levels well below the
`legal limit.
`
`Back to Top
`
`How do i know if it's okay to drink?
`
`The current Dietary Guidelines for Americans (1) recommend that if you choose to drink
`aicoholic beverages, you do not exceed 1 drink per day for women and 2 drinks per day for
`men. These guidetines aiso specify that there are some people who should not drink
`alcoholic beverages at all, including
`
`0 Children and adolescents.
`0 lndividuais of any age who cannot restrict their drinking to moderate levels.
`0 Women who may become pregnant or who are pregnant.
`0 lndividuais who plan to drive. operate machinery, or take part in other activities
`that requires attention, skill, or coordination.
`0 individuals taking prescription or over—the—counter medications that can
`
`2of5
`
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`
`

`
`Alcohol and Pubiic Health - FAQS
`
`http://w"ww.cdc. gov/alcohol/faqs.i1tm#16
`
`interact with aicohoi.
`0 individuals with specific medicai conditions.
`I Persons recovering from alcoholism.
`
`Back to Tog
`
`What do you mean by heavy drinking?
`
`For men. heavy drinking is typically defined as consuming an average of more than 2
`drinks per day. For women, heavy drinking is typically defined as consuming an average of
`more than 1 drink per day.
`
`Back to Top
`
`What is binge drinking‘?
`
`According to the National Institute on Alcohol Abuse and Alcoholism binge drinking is
`defined as a pattern of aicohol consumption that brings the blood atcohol concentration
`(BAG) levei to 0.08% or above. This pattern of drinking usually corresponds to more than 4
`drinks on a singie occasion for men or more than 3 drinks on a single occasion for women.
`generally within about 2 hours (3).
`
`Back to Tog
`
`What is the difference between alcohoiism and alcohol abuse?
`
`Alcohoilsm or alcohol dependence is a diagnosaole disease characterized by several
`factors including a strong craving for alcohol. continued use despite harm or personal
`injury, the inability to limit drinking. physical illness when drinking stops, and tine need to
`increase the amount drunk in order to feel the effects (4).
`
`Alcohol abuse is a pattern of drinking that results in harm to one's health, interpersonal
`relationships or ability to work. Certain manifestations of alcohol abuse inctude failure to
`fuifiii responsibilities at work. school or home: drinking in dangerous situations such as
`while driving; legal problems associated with aicohol use and continued drinking despite
`problems that are caused or worsened by drinking. Aicohoi abuse can lead to aicohol
`dependence (4).
`
`Back to Tog
`
`What does it mean to get drunk?
`
`“Getting drunk" or intoxicated is the result of consuming excessive amounts of alcohoi.
`Binge drinking typically results in acute intoxication.
`
`Alcohol intoxication can be detrimental to health for a variety of reasons, including. but not
`limited to
`
`0 impaired brain function resulting in poorjudgment, reduced reaction time, toss
`of balance and motor skilis, and/or slurred speech.
`0 Dilation of biood vessels causing a feeling of warmth, but resulting in rapid
`loss of body heat.
`0 Increased risk of certain cancers. stroke, and liver diseases such as. cirrhosis
`particularly when excessive amounts of alcohol are consumed over extended
`periods of time.
`0 Damage to a developing fetus ‘sf consumed by pregnant women (5).
`I increased risk of motor-vehicle traffic crashes, violence and other injuries.
`
`Coma and death can occur if alcohoi is consumed rapidly and in large amounts due to
`depression of the central nervous system.
`
`Back to Top
`
`How do I know if I have a drinking problem?
`
`Drinking is a problem if it causes trouble in your relationships. in school. in social activities,
`or in how you think and feet. If you are concerned that either you or someone in your family
`might have a drinking problem, consuit your personal physician.
`
`Back to Top
`
`What can I do if I or someone I know has a drinking problem?
`
`Consult your personal physician if you feel you or someone you know has a drinking
`probiem. Other resources include the National Drug and Aicohoi Treatment Referral
`Routing Service availabte at 1-800-662-HELP. This service can provide you with
`information about treatment programs in your iocal community and allow you to speak with
`
`3of5
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`
`

`
`Alcohol and Public Health — FAQS
`
`http ://wwwcdc. govlalcoho E/faqs.htm#i 6
`
`someone about alcohot problems (6).
`
`Back to Tog
`
`What health problems are associated with excessive alcohot use?
`
`Excessive drinking both in the form of heavy drinking or binge drinking. is associated with
`numerous health problems. including but not limited to
`
`0 Chronic diseases such as liver cirrhosis (damage to liver cells). pancreatitis
`(inflammation of the pancreas). various cancers. including liver. mouth, throat,
`larynx (the voice box). and esophagus, high blood pressure, and psychological
`disorders.
`0 Unintentional injuries such as motor-vehicle traffic crashes, falls, drowning.
`burns and firearm injuries.
`Violence such as child maltreatment. homicide and suicide increase.
`Harm to a devetoping fetus if a woman drinks while pregnant.
`0 Aicohoi abuse or dependence.
`
`Back to Tog
`
`I'm young. is drinking bad for my health?
`
`Yes. studies have shown that alcohol use by youth and young adults increases the risk of
`both fatal and nonfatal injuries (7.8,9). Research has also shown that youth who use
`alcohol before age 15 are four tirnes more likely to become alcohol dependent than adults
`who begin drinking at age 21 (10). Other consequences of youth alcohol use include
`increased risky sexual behaviors. poor school performance. and increased risk of suicide
`and homicide (11.12).
`
`Back to Tog
`
`Is it okay to drink when pregnant?
`
`No, there is no safe level of alcohol use during pregnancy. Women who are pregnant or
`plan on becoming pregnant should refrain from drinking alcohol (13). Several conditions
`including Fetal Aicohol Syndrome have been linked to aicohol use during pregnancy.
`Women of child bearing age should also avoid binge drinking to reduce the risk of
`unintended pregnancy and potential exposure of a developing fetus to alcohol.
`
`Back to Tog
`
`References
`
`1.
`
`9°.“
`
`10.
`
`11.
`
`12.
`
`13.
`
`United States Department of Agriculture and United States Department of Heaith and Human
`Services. in: Dietary Guidelines for Americans. Cnagter 9 — Alcoholic Beverages.
`Washington, DC: