I am attending here today to present a paper entitled "Management of Drink Drive Offenders in Victoria, Australia."

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Sydney McCormick
6 years ago
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1 Management of Drink Drive Offenders in Victoria, Australia Michael Wilson I am attending here today to present a paper entitled "Management of Drink Drive Offenders in Victoria, Australia." Six months ago, and 20,000 kilometres away, when I was making a decision whether to travel here or not, I was somewhat indecisive about exactly what I should talk about in the 20 minutes time that I have. Since I would be travelling 1,000 kilometres for each minute of my paper I thought it better to present a global overview of anti drink driving initiatives in Victoria, Australia rather than talk about any one specific aspect of them. Over the past few years there have been a great number of developments and to present them all in detail would take considerably longer than my allocated time span. Therefore, the aim of this paper will be to familiarise you with general initiatives aimed at reducing the incidence of drink driving in Victoria and provide a precis of the operation of the Victorian Drink Driver Program which provides services to convicted drink drive offenders. In doing so I need to spend a moment or two in providing information relevant to the setting in which the program operates. Australia is an island nation. The total population is Alcohol, Drugs and Traffic Safety - T92 Ed. by Utzelmann / Berghaus / Kroj Verlag TÜV Rheinland GmbH, Köln

2 approximately 16 million people and the country consists of six states. Australians are generally regarded as a people more than partial to the consumption of an alcoholic drink or two. To some extent this reputation has been popularised. However, on the basis of per capita consumption of absolute alcohol, Australia was ranked 15th in Australia is the leading English speaking nation in consumption of absolute alcohol (World Drink Trends 1991 NTC Publications). Beer is perceived to be an Australia's drink of choice. As a proportion of absolute alcohol consumed within Australia that beverage represents 60% of total alcohol consumption. (Aus. Bureau of Statistics 1991). Internationally, Australia is ranked ninth in terms of beer consumption on a per capita basis. Of English speaking nations, only our neighbours to the east, New Zealand, consume more beer than we do. Victoria is the smallest mainland state of Australia. It is approximately the same size as Great Britain. By Australian standards it is densely pöpulated containing over slightly 25% of the nations populace yet it covers an area that represents only 2.3% of the country's total land mass. The capital city of Victoria is Melbourne which has a population in excess of 3 million people. In 1991 Victorias 4.25 million inhabitants owned a total in excess of 2.75 million motor vehicles (Vic Roads). 328

3 Each of the six states of Australia have their own laws relating to alcohol, drugs and road usage. I will now be discussing interventions aimed at lowering the incidence of drink driving, and management of drink drive offenders, within the state of Victoria. Many people view the terms 'drink driving' and 'drink driving offence' as products of the mid to late 1980's. During that period of time increased focus upon the role of alcohol in road crashes occurred and an increasing number of drink driving offences were detected. However, in reality the role of alcohol as a major contributing factor to road crashes was identified many years ago. Drivers of Model T fords and NSU riders, as early as 1909, were committing an offence if they were to 'drive under the influence of intoxicating liguor' (Sec Motor Car Act). From that time onwards the State of Victoria has been leading Australia in the introduction of measures aimed at reducing the role of alcohol as a'contributing factor to the road toll. In 1960 breathalysers were first introduced into Victoria and in 1966 it become an offence to drive a motor vehicle with a Blood Alcohol Content (BAC) in excess of.05gms/loomls (50mgs/100ml). (Motor Car Act, 1958). 329

4 Victoria was the first state in Australia to introduce a maximum BAC level and when the concept was eventually followed elsewhere many states initially set the maximum BAC at higher levels. In 1969 the Motor Car Act (1958) was further amended. From that time onwards judicial consent has been required for the relicensing of recurrent and high blood alcohol content drink driving offenders. This decision laid the foundation for the subsequent development and participation of health education and treatment programs in these re-licensing procedures. In 1976 Random Breath Testing was introduced. Police were given the power to stop motorists at any time and request they undertake a breath test. Refusal to comply with this request automatically incurred an offence. From that time onwards, until very recently, the number of drink driving offences detected each year would steadily grow. In 1984 a zero BAC level became mandatory for young and inexperienced drivers. At present probationary drivers are restricted to a zero BAC for the first three years of their driving careers. In 1987 a Government Committee (Victorian Parliamentary Social Development Committee) commenced an inquiry into drink driving largely because of the increasing number of offences being detected, 16,636 in 1986 (Victorian Police) and the fact that 330

5 37% of drivers killed in 1985 had a BAC in excess of the legal limit. (Federal Office of Road Safety). The Reports of the Committee documented that "Alcohol is the single most important factor in road crashes" and that "a drink driving offence is prima facie evidence of hazardous drinking patterns or developing alcohol problems". A link between the dangers of driving a vehicle while under the influence of alcohol and the potential for an offence of this nature to be a symptom of a problematic drinking pattern was established. Strategies were implemented to lower the incidence of offending and to divert those who do offend into educational and health initiatives. General strategies aimed at reducing the number of offences included a significant increase in police presence on Victorian Roads. A total of 705,368 breath tests were conducted during the twelve months ending 30 June 1992 (Victorian Police). Random breath testing initiatives were greatly increased and the concept of the Booze Bus highly publicised. A" Booze Bus is a mobile police operational unit that transports all personnel and equipment necessary for restricting exit access of a section of road and channelling all drivers into the unit for breath testing. A Booze Bus is definitely not a welcomed alternative form of transport for the drinking driver. 331

6 In conjunction with this a large scale media campaign has commenced targeting both speed and alcohol. The campaign, conducted by the Victorian Government Transport Department, features high profile advertising and promotional sponsorship of major sporting and other events. The targeted aspects of traffic safety are marketed as desirable consumer products. The slogan "If you drink, then drive, you're a bloody idiot" has become synonomous with anti drink driving promotion. It is designed to convey that the behaviour of drink driving is truly anti-social and unacceptable. Those who continue to drink and drive, and who are apprehended, incur increased penalties and a legislative obligation to access services provided by the Victorian Drink Driver Program. The Victorian Drink Driver Program commenced on 1 October 1990 as a result of the Government inquiry into drink driving. Many drink driving offenders display a level of tolerance to alcohol that demonstrates ability to routinely perform driving tasks. As such, the probability exists that similar high BACs are frequently reached, rather than on isolated occasions. Not so long ago a drink driving offence carried a 'folk-crime' status within the community. "Everybody drinks, I was just the unlucky one who got caught is now known to be not true. It is usually an atypical drinking pattern that leads to the 332

7 potential for an offence and other alcohol related lifestyle problems. In % of convictions involved a BAC of 150gms/100ml or higher and 24% of drivers convicted were found to have had a previous offence. (Vic. Social Development Committee 1988). The Drink Driver Program is a health based initiative. The goals of the program are to contribute to lowering the incidence of drink driving and to reduce the harm associated with the hazardous/harmful alcohol usage by drink driving offenders. As mentioned, research in Australia, and overseas, strongly suggests that a large proportion of offenders are at serious risk of developing, or have already developed, alcohol related problems. The program is managed by Drug Services Victoria, a new organisation within the Victorian Health Department. Its mission statement is to contribute to the reduction of drug related harm to the individual and the community by providing leadership in research, training, treatment and community development. My position is that of Drink Driver Program Manager. Drug Services Victoria is the authority responsible for maintaining a Statewide network of service providers, standards and guidelines for accreditation of service providers, training and the development of program resources and the ongoing monitoring and evaluation of Program 333

8 p erfo rm an ce. Program services are not offered to offenders in lieu of a more severe penalty. Minimum licence disqualification periods and fines are mandatory. An obligation to access program services is compulsory for offenders seeking eligibility to regain a drivers licence following a period of disqualification from driving. Services provided within the Program are assessment, education and appropriate referral. They aim to identify those at risk, who would be otherwise unlikely to seek treatment for alcohol problems, allow an opportunity for increasing knowledge and an opportunity to introduce realistic interventions aimed at reducing the risk of problem development through continued high risk alcohol usage. The nature of an offenders obligation to the Program is dependent upon the nature of the offence. Generally speaking, all offenders under 25 years of age at the time of offence must complete an accredited drink driver education program. The majority of these offenders are required to seek relicensing through the Court system and must produce evidence of having satisfactorily completed an education program. All first offenders convicted with a BAC of 150gms/100ml or higher, all second or subsequent offenders, those convicted of driving under the influence of alcohol or other drugs and 334

9 those convicted of refusal to be breathtested must undergo assessment of their alcohol usage in addition to any obligation to complete an accredited drink driver education program. This group of offenders must undergo alcohol assessment at least twelve months before applying for licence restoration. Assessment may direct the offender to treatment, counselling and follow-up, education or as considered appropriate by the clinician performing the assessment. Offenders are then required to undergo a second alcohol assessment within 28 days of applying to the Court for licence restoration. A summary of the offenders initial assessment, compliance with clinical decisions and any changes to alcohol consumption and lifestyle patterns, as ascertained during the second assessment, are documented in a Licence Restoration Report which is forwarded to the Court. During the year ending 30 June 1990 a record number of 22,681 drink driving offences were detected in Victoria. Meeting the requirements of such a large group of offenders necessitated the establishment of a large network of service providers. At present 40 organisations are accredited to provide these services at a' total of 105 locations throughout Victoria. These organisations represent a blend of service providers from the health and welfare sector, educational institutions and private enterprise. All services to drink driving offenders are offered on a fee for service, user pay basis. Services are provided from such diverse organisations as 335

10 Community Health Centres, Driver training schools and educational institutions. All are subject to meeting the same required standards, as set by Drug Services Victoria, for continuance of operation. Accredited drink driver programs consist of a minimum of eight hours content. Specified content areas include alcohol education, community and individual drinking patterns, alcohol and road safety, skills training, and health and legal information. Skills training may refer to self regulation training, controlled drinking techniques and assertiveness skills but not to the practising of driving skills while intoxicated, as many offenders initially think. All education program presenters are required to have undertaken minimum training as prescribed by Drug Services Victoria. Emphasis is placed upon interactive learning and adherence to contemporary adult learning principles. The establishment of a specific drink driver trainer unit of study within a tertiary education setting, investigated. is currently being A resource that has been developed for use within accredited drink driver programs is the Drink Driver Program Education Material Kit. These kits consist of a series of 15 brochures that mirror the essential content areas of the education programs. Also included is a pre-printed drinking diary that allows participants to keep a record of their alcohol intake 336

11 over a p e rio d of tim e. An alcohol assessment consists of the completion of a 50 item questionnaire specifically developed for use with drink driver offenders within Victoria. Included within it is the Alcohol Use Disorder Identification Test, the AUDIT. AUDIT is a ten item alcohol screening procedure developed by the World Health Organisation to identify persons whose alcohol consumption has become hazardous or harmful to their health. Responses may be scored and assist in interpretation of the offenders presentation. A detailed self reported drinking history is also taken as part at this procedure. All offenders are breath tested on arrival for assessment. In addition to the basic assessment documentation clinicians may refer offenders for medical screening and relevant pathology examinations before deciding upon an assessment outcome. Assessment of drink drive offenders can only be conducted within organisations accredited by Drug Services Victoria. Assessing clinicians must be registered with Drug Services Victoria for the purpose of preparing Licence Restoration Reports. These reports are forwarded directly to the Court in which an offender is applying to be relicensed. When considering an offenders application to be relicensed following a period of licence disqualification, courts are required to heed the content of the Licence Restoration Report in reaching a decision. If a licence restoration application 337

12 is successful the person will be relicensed with a zero BAC licence provision for the first three years. A full written and practical licence re-test will be required if the period of disqualification has been three years or longer. The feasibility of introducing breath-interlock devices, as a condition of relicensing for multiple offenders, is currently being investigated. Drug Services Victoria is also responsible for the ongoing monitoring and evaluation of the Program as well as longitudinal evaluation of program effectiveness. The Drink Driver Offender Data System was commenced in April 1991, six months after the commencement of the program. All organisations that provide assessment and education services to offenders are required to forward data to Drug Services Victoria on a monthly basis. Details supplied are demographic information relating to clients, details regarding the nature of the offence, education course details and assessment outcome details. Examination of data collected helps stream the future direction of service provision. Time prohibits a detailed overview of data collected, however, as an example the following demographic information will help target program delivery 90% of offenders accessing program services are males 338

13 60% of this group are aged between Divorced/separated offenders account for 23% of offences yet represent only 7% of the population 21% of offenders have described themselves as unemployed. Of these unemployed 59% are described as tradespersons or labourers while these groups represent only 29% of the workforce. Information relating to the country of birth of offenders is also assisting to resolve various cultural sensitivities in relation to program content. At present, 25% of Australia's population were born in countries other than Australia (Australian Bureau of Statistics 1986). As the Victorian Drink Driver Program is barely two years old it is not possible to formulate any conclusions regarding success in meeting its goals. However, the evaluation strategies in place, when includes an annual audit of all service providers, have great potential to provide a wealth of information regarding program efficacy. In relation to-the general initiatives instigated to lower the incidence of drink driving, the following facts are presented. a 23% decline in the annual number of drink driving offences detected has occurred from the period ending 30 June 1990 until 30 June 1992 (From 22,681 to 17,468) (Victorian Police 1992) 339

14 The total of 17,468 offences detected during the year ending 30 June 1992 represents only 2.52% of the 705,368 breath tests conducted (Victorian Police 1992) The percentage of drivers killed with a BAC in excess of.05gms/loomls has fallen from 37% in 1985 to 31% in 1991 (Federal Office of.road Safety/Victorian Police) The annual number of road fatalities within Victoria has fallen from 705 in 1987 to 503 in 1991, representing the lowest number of fatalities since police records began in Victoria. (Victorian Police 1992) It is certainly not possible to link the decline in offences and fatalities to any one factor. I like to believe that it is a response to an overall series of initiatives aimed at lowering the incidence of drink driving, the Victorian Drink Driver Program being one of these initiatives. As this gathering here in Cologne illustrates, the problems of alcohol and driving are world wide. I believe that with the progress of time the initiatives implemented within the state of Victoria will be successful in meeting the dual goals of contributing to a reduction in the road toll and to reduce the harm associated with hazardous alcohol use by drink driving offenders. That brings me- to the end of this paper. We have looked at both general initiatives and the specifics of management of offenders within the state of Victoria. Thank you for your Attention. 340

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