Drunk Drivers Slip Through Law's Loophole

By Rusty Surette, NEWS 9

OKLAHOMA CITY -- Each year, drunk drivers kill an estimated 275 Oklahomans, according to the Oklahoma Highway Safety Office, but those responsible for the deaths are evading prosecution due to a loophole in the law.

Scott, a recovering alcoholic, was hospitalized numerous times after crashing while driving drunk.

"Every time I went to the hospital, you know, nobody ever cared I was drunk," Scott said.

Some emergency room physicians refuse to test the patients for alcohol, which provides an obstacle for prosecutors.

The Uniform Policy Provision Law, or UPPL is a uniform law that allows insurance companies in some states, including Oklahoma, to deny coverage to patients who are hurt while under the influence of drugs or alcohol.

Learn more about the UPPL in Oklahoma.

"All this law did was really cause the medical system to sweep alcohol problems under the rug and ignore them," said Dr. Larry Gentilello of the University of Texas Southwestern Medical Center.

Doctors are afraid of being denied by the insurance companies, which could result in the doctors not receiving payments for the services provided, but other doctors argue the law also prevents early intervention in substance abuse cases.

Michah, who suffered a head injury while drinking at a party said the hospital he was taken to didn't ask if he had an alcohol problem or offer counseling. Instead, he said, they gave him pamphlets and sent him home with his friend.

"The hospital really is a wonderful teachable moment for people, especially if they're there because their injury is caused by alcohol or drug use," said Jessica Hawkins of the Oklahoma Department of Substance Abuse Services.

Research has shown early hospital intervention helps prevent future injuries by substance abusers.

"About $26 million in Oklahoma would be saved if the trauma centers were allowed to do screenings and interventions," Gentilello said.

He's working to have the UPPL repealed in every state.

Two Oklahoma lawmakers said they'd investigate this issue closer.

Due to privacy laws regarding medical records, there is no way to investigate which Oklahoma hospitals or doctors are currently refusing to test patients.