Keys to Designing and Implementing Effective DWI Policies · Strategies to Enforce DWI Laws...

Keys to Designing and Implementing Effective

DWI PoliciesArthur GoodwinUniversity of North Carolina Highway Safety Research Center

DWI Training for MagistratesChapel Hill, NCNovember 3, 2008

Overview

Background & statistics

What works and why?

Big picture

U.S. Alcohol-related Traffic Fatalities

0

5,000

10,000

15,000

20,000

25,000

30,000

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

Source: NHTSA, 2007

Alcohol-related Fatal Crashes, North Carolina

0

100

200

300

400

500

2001 2002 2003 2004 2005 2006 2007

Source: NCAF, 2008

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 .08Arrests are rare – one arrest for every 50 - 200 trips by drivers over .08 BAC

Alcohol-related Fatal Crashes, By Sex

Male, 83%

Unknown, 2%

Female, 15%

Source: NHTSA, 2008

Number of Crash-involved Drivers Who Had Been Drinking by Age, NC 2001-03

0

400

800

1,200

1,600

2,000

2,400

16Yrs

17Yrs

18Yrs

19Yrs

20Yrs

21 to24

25 to29

30 to34

35 to39

40 to44

45 to49

50 to54

55 to59

60 to64

65 to69

70 to74

75 to79

80 to84

85 to89

90 +

Percent of Crash-involved Drivers Who Had Been Drinking by Crash Location, NC

2.5% 2.7%3.2%

6.4%

2.7%

0%

2%

4%

6%

Interstate US Route NC Route SecondaryRoute

Local Street

Percent of Crashes Involving Alcohol, North Carolina 2003-2007

Why a BAC of .08?

Current BAC Limit

Old BAC Limit

Why a BAC of .08?

Average arrest BAC

24 times as likely

“Hard Core” Drinking Driver

Repeat offender or those with a BAC of .15 or higher

One-third of those arrested are repeat offendersOne-half of those arrested have a BAC > .15

Resistant to changeUp to 80% meet criteria for alcohol abuse or dependence

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

Best bet for large effect is

here Too many to ever catch/prosecute

all of them


Deterrence – “Enacting laws that prohibit driving while impaired, publicizing and enforcing those laws, and punishing offenders”

Drivers must believe they will get caughtConsequences must be swift, sure and severe


DeterrenceGeneral deterrence – Strategies aimed at the general populationSpecific deterrence – Strategies aimed at those who have been arrested for DWI

Expert DWI Research Panel Recommendations

Guide for reducing alcohol-related crashesFocus first on deterrence, then arrest/sanctionDo as much as possible administrativelyRecommended15 countermeasures



DWI EVENT

Got Stopped/Caught

Got Arrested





Strategies to Reduce Underage Drinking and DWI

Minimum legal drinking age 21Compliance checksResponsible beverage serviceAlternative transportation and designated drivers

Reducing Underage Drinking and DWI

Minimum Legal Drinking Age 21All states since 1987Strong evidence…

Raising the MLDA:17% in fatal crashesLowering the MLDA:8% in fatal crashes

NHTSA estimates that MLDA 21 saves 700 to 1,000 lives annually


Compliance Checks of Retailers

Teens successfully purchase beer in 44% to 97% attemptsPenalties are minorLouisiana studyPublicity is keyPenalties should be administrative


Responsible Beverage Service

Server training programsOregonMust be mandatory (not voluntary)Enforcement

“Dram Shop” lawsMarketing practices (e.g., happy hour specials)


Alternative Transportation and Designated Drivers

Alternative transportationPrograms must be large scale

Designated driversEvidence insufficientMay encourage drinking



DWI EVENT

Got Stopped/Caught

Got Arrested





Strategies to Enforce DWI Laws

Well-publicized sobriety checkpointsEnforcement of zero-tolerance lawsBAC test refusal penalties


Well-publicized sobriety checkpoints

May be the single most beneficial countermeasure known

Reduce fatal & injury crashes by 20%Main goal: deterrenceMust be publicizedPassive Alc. SensorsCan be low-staffedSaturation patrols


Enforcement of zero-tolerance laws

Since 1998, all states have a BAC limit of .02 or less for drivers under 21Why zero tolerance?

Likelihood of Being in a Fatal Crash Compared to a BAC of Zero (males only)

0

1

2

3

4

5

6

7

8

9

10

.010-.019 .020-.049 .050-.079

Age 16-20Age 21-34Age 35+


Enforcement of zero-tolerance laws

Surveys:One-third of teens in CA, NY unaware of lawHalf say it’s not enforced

Research: MD study21% drop in alcohol-involved crashesDropped 30% more after publicity

Deterrence!


BAC test refusal, by state

NHTSA, 2005


BAC test refusal penalties

BAC is a critical piece of evidenceLess severe penalties for test refusal = higher refusal ratesRepeat offenders have higher refusal rates



DWI EVENT

Got Stopped/Caught

Got Arrested






Diversion & plea agreementsDWI courts


Diversion & Plea Agreements

Diversion programs Defer sentencing while a DWI offender completes education/treatmentResearch: No evidence for reduced recidivism

Plea agreements to non-alcohol offenseUndermine the DWI system

Avoid sanctions/treatment – punishment “lite”Won’t be recognized as repeat offendersOffender and public’s perception


DWI Courts

81 DWI courts nationwideProsecutors/judges specialize in DWI casesExtended judicial monitoringTreatment of underlying alcohol problemRequirement to maintain sobrietyRestrictions relaxed over time

Effectiveness: evidence for lower recidivismCost: less than jail



DWI EVENT

Got Stopped/Caught

Got Arrested






Administrative license suspensionVehicle & license plate sanctionsIgnition interlocksAlcohol assessment/treatmentOffender monitoringIncarceration

Sanctions, Treatment & Monitoring

Administrative License Suspension (ALS)

Most states have ALS lawsResearch: alcohol-related crashes 13%

DeterrenceSwift and certain

Other issuesUnlicensed drivingHearings “Double jeopardy”


Vehicle/license plate sanctions

Several options—Plate impoundmentSpecial license platesVehicle impoundmentVehicle immobilization

Research: some evidence of successRepeat & high BAC offenders


Ignition Interlocks

Purpose: to prevent impaired drivingResearch: reduces recidivism by 50% while installedAllowed, but seldom used

Should be a condition for license reinstatementAlternatives should be more inconvenient


Alcohol Assessment & Treatment

Alcohol dependency is common25% of first-time offenders50% of repeat offenders

ScreeningAssigned treatmentResearch: reduces recidivism/crashesBest when individually tailored


Offender Monitoring

Critical to ensure follow throughIntensive supervised probationHome confinement w/electronic monitoringDedicated detention facilities

Research: reduce recidivism by ~50%Expensive, but less so than jail


Incarceration

Research: little evidence of effectivenessVery expensive ($15k-$30k per year)“Last resort”

DWI Law Review

Establish a task forceOperationally soundNo structural flawsNo internal inconsistenciesAffordable & logistically feasibleThoroughly & faithfully implemented

SummarySuccessful System / Program:

Deterrence, deterrence, deterrence!Education not enough, motivation neededCertainty 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

For more information or slides:

Email: [email protected]

www.hsrc.unc.edu

www.hsrc.unc.edu/ncaf/

Keys to Designing and Implementing Effective DWI Policies · Strategies to Enforce DWI Laws...

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