Keys to Designing and Implementing Effective DWI Policies
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1 Keys to Designing and Implementing Effective DWI Policies Arthur Goodwin University of North Carolina Highway Safety Research Center DWI Training for Magistrates Chapel Hill, NC November 3, 2008
2 Overview Background & statistics What works and why? Big picture
3 U.S. Alcohol-related Traffic Fatalities 30,000 25,000 20,000 15,000 10,000 5, Source: NHTSA, 2007
4 Alcohol-related Fatal Crashes, North Carolina Source: NCAF, 2008
5 Drinking & Driving Characteristics Frequency of drinking and driving Each year, about a quarter (26%) of the general public drink and drive At least 80 million trips annually by drivers with a BAC over.08 Arrests are rare one arrest for every trips by drivers over.08 BAC
6 Alcohol-related Fatal Crashes, By Sex Unknown, 2% Female, 15% Male, 83% Source: NHTSA, 2008
7 Number of Crash-involved Drivers Who Had Been Drinking by Age, NC ,400 2,000 1,600 1, Yrs 17 Yrs 18 Yrs 19 Yrs 20 Yrs 21 to to to to to to to to to to to to to to
8 Percent of Crash-involved Drivers Who Had Been Drinking by Crash Location, NC 6% 6.4% 4% 2.5% 2.7% 3.2% 2.7% 2% 0% Interstate US Route NC Route Secondary Route Local Street
9 Percent of Crashes Involving Alcohol, North Carolina
10 Why a BAC of.08? Current BAC Limit Old BAC Limit
11 Why a BAC of.08? 24 times as likely Average arrest BAC
12 Hard Core Drinking Driver Repeat offender or those with a BAC of.15 or higher One-third of those arrested are repeat offenders One-half of those arrested have a BAC >.15 Resistant to change Up to 80% meet criteria for alcohol abuse or dependence
13 Reducing Alcohol-impaired Driving Got Alcohol, Got Impaired, Got in Car Best bet for large effect is here DWI EVENT Got Stopped/Caught Too many to ever Got Arrested catch/prosecute all of them Prosecution and Adjudication Sanctions, Treatment and Monitoring Recovery or Recidivism
14 Reducing Alcohol-impaired Driving Deterrence Enacting laws that prohibit driving while impaired, publicizing and enforcing those laws, and punishing offenders Drivers must believe they will get caught Consequences must be swift, sure and severe
15 Reducing Alcohol-impaired Driving Deterrence General deterrence Strategies aimed at the general population Specific deterrence Strategies aimed at those who have been arrested for DWI
16 Expert DWI Research Panel Recommendations Guide for reducing alcohol-related crashes Focus first on deterrence, then arrest/sanction Do as much as possible administratively Recommended 15 countermeasures
17 Reducing Alcohol-impaired Driving Got Alcohol, Got Impaired, Got in Car DWI EVENT Got Stopped/Caught Got Arrested Prosecution and Adjudication Sanctions, Treatment and Monitoring Recovery or Recidivism
18 Reducing Alcohol-impaired Driving Strategies to Reduce Underage Drinking and DWI Minimum legal drinking age 21 Compliance checks Responsible beverage service Alternative transportation and designated drivers
19 Reducing Underage Drinking and DWI Minimum Legal Drinking Age 21 All states since 1987 Strong evidence Raising the MLDA: 17% in fatal crashes Lowering the MLDA: 8% in fatal crashes NHTSA estimates that MLDA 21 saves 700 to 1,000 lives annually
20 Reducing Underage Drinking and DWI Compliance Checks of Retailers Teens successfully purchase beer in 44% to 97% attempts Penalties are minor Louisiana study Publicity is key Penalties should be administrative
21 Reducing Underage Drinking and DWI Responsible Beverage Service Server training programs Oregon Must be mandatory (not voluntary) Enforcement Dram Shop laws Marketing practices (e.g., happy hour specials)
22 Reducing Underage Drinking and DWI Alternative Transportation and Designated Drivers Alternative transportation Programs must be large scale Designated drivers Evidence insufficient May encourage drinking
23 Reducing Alcohol-impaired Driving Got Alcohol, Got Impaired, Got in Car DWI EVENT Got Stopped/Caught Got Arrested Prosecution and Adjudication Sanctions, Treatment and Monitoring Recovery or Recidivism
24 Reducing Alcohol-impaired Driving Strategies to Enforce DWI Laws Well-publicized sobriety checkpoints Enforcement of zero-tolerance laws BAC test refusal penalties
25 Strategies to Enforce DWI Laws Well-publicized sobriety checkpoints May be the single most beneficial countermeasure known Reduce fatal & injury crashes by 20% Main goal: deterrence Must be publicized Passive Alc. Sensors Can be low-staffed Saturation patrols
26 Strategies to Enforce DWI Laws Enforcement of zero-tolerance laws Since 1998, all states have a BAC limit of.02 or less for drivers under 21 Why zero tolerance?
27 Likelihood of Being in a Fatal Crash Compared to a BAC of Zero (males only) Age Age Age
28 Strategies to Enforce DWI Laws Enforcement of zero-tolerance laws Surveys: One-third of teens in CA, NY unaware of law Half say it s not enforced Research: MD study 21% drop in alcohol-involved crashes Dropped 30% more after publicity Deterrence!
29 Strategies to Enforce DWI Laws BAC test refusal, by state NHTSA, 2005
30 Strategies to Enforce DWI Laws BAC test refusal penalties BAC is a critical piece of evidence Less severe penalties for test refusal = higher refusal rates Repeat offenders have higher refusal rates
31 Reducing Alcohol-impaired Driving Got Alcohol, Got Impaired, Got in Car DWI EVENT Got Stopped/Caught Got Arrested Prosecution and Adjudication Sanctions, Treatment and Monitoring Recovery or Recidivism
32 Reducing Alcohol-impaired Driving Prosecution and Adjudication Diversion & plea agreements DWI courts
33 Prosecution and Adjudication Diversion & Plea Agreements Diversion programs Defer sentencing while a DWI offender completes education/treatment Research: No evidence for reduced recidivism Plea agreements to non-alcohol offense Undermine the DWI system Avoid sanctions/treatment punishment lite Won t be recognized as repeat offenders Offender and public s perception
34 Prosecution and Adjudication DWI Courts 81 DWI courts nationwide Prosecutors/judges specialize in DWI cases Extended judicial monitoring Treatment of underlying alcohol problem Requirement to maintain sobriety Restrictions relaxed over time Effectiveness: evidence for lower recidivism Cost: less than jail
35 Reducing Alcohol-impaired Driving Got Alcohol, Got Impaired, Got in Car DWI EVENT Got Stopped/Caught Got Arrested Prosecution and Adjudication Sanctions, Treatment and Monitoring Recovery or Recidivism
36 Reducing Alcohol-impaired Driving Sanctions, Treatment and Monitoring Administrative license suspension Vehicle & license plate sanctions Ignition interlocks Alcohol assessment/treatment Offender monitoring Incarceration
37 Sanctions, Treatment & Monitoring Administrative License Suspension (ALS) Most states have ALS laws Research: alcohol-related crashes 13% Deterrence Swift and certain Other issues Unlicensed driving Hearings Double jeopardy
38 Sanctions, Treatment & Monitoring Vehicle/license plate sanctions Several options Plate impoundment Special license plates Vehicle impoundment Vehicle immobilization Research: some evidence of success Repeat & high BAC offenders
39 Sanctions, Treatment & Monitoring Ignition Interlocks Purpose: to prevent impaired driving Research: reduces recidivism by 50% while installed Allowed, but seldom used Should be a condition for license reinstatement Alternatives should be more inconvenient
40 Sanctions, Treatment & Monitoring Alcohol Assessment & Treatment Alcohol dependency is common 25% of first-time offenders 50% of repeat offenders Screening Assigned treatment Research: reduces recidivism/crashes Best when individually tailored
41 Sanctions, Treatment & Monitoring Offender Monitoring Critical to ensure follow through Intensive supervised probation Home confinement w/electronic monitoring Dedicated detention facilities Research: reduce recidivism by ~50% Expensive, but less so than jail
42 Sanctions, Treatment & Monitoring Incarceration Research: little evidence of effectiveness Very expensive ($15k-$30k per year) Last resort
43 DWI Law Review Establish a task force Operationally sound No structural flaws No internal inconsistencies Affordable & logistically feasible Thoroughly & faithfully implemented
44 Summary Successful System / Program: Deterrence, deterrence, deterrence! Education not enough, motivation needed Certainty of punishment (not severity) provides motivation (e.g., license revocation) Compliance with sanctions requires effective control (e.g., interlocks, elec. monitoring) Treat the underlying alcohol problem
45
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