Driving Under the InfluenceDriving Under the Influencein the City & County of in the City & County of

HonoluluHonoluluA Profile of Arrestees, Case Outcomes, Collisions,A Profile of Arrestees, Case Outcomes, Collisions,

Injuries, and Stakeholder RecommendationsInjuries, and Stakeholder Recommendations

Michael Hallstone, Ph.D., Principal InvestigatorDepartment of Justice Administration

University of Hawaii–West Oahuand

Paul Perrone, Chief of Research and StatisticsCrime Prevention & Justice Assistance Division

Department of the Attorney General

AcknowledgmentsAcknowledgmentsThe City & County of Honolulu Police Department (HPD)

Sgt. Robert Lung of HPD for coordinating the collection of arrest report data

The Department of the Attorney General’s Hawaii Criminal Justice Data Center (HCJDC)

Liane Moriyama and John Maruyama of the HCJDC for their assistance in providing criminal history data.

StakeholdersStakeholdersSergeants Robert Lung and Clyde Yamashiro of HPD; William C. Bagasol of the Office of the Public Defender; Jim Fulton and Charles P. Izumoto of the City & County of Honolulu’s, Department of the Prosecuting Attorney; Connie Abram, Carol McNamee, and Annelise Rossi of Mothers Against Drunk Driving–Hawaii, and R. Patrick McPherson, a private attorney who specializes in handling DUI cases.

Study GoalsStudy Goals

To provide a more comprehensive To provide a more comprehensive statistical description of DUI in C&C statistical description of DUI in C&C HonoluluHonolulu

To document the concerns and policy To document the concerns and policy recommendations of stakeholders recommendations of stakeholders associated with DUI issues in Hawaiiassociated with DUI issues in Hawaii

Data SourcesData Sources

503 DUI arrest reports randomly selected from 503 DUI arrest reports randomly selected from calendar year 2001 (approx. ¼ of all arrests)calendar year 2001 (approx. ¼ of all arrests) Used 2001 as wanted a majority of cases to go Used 2001 as wanted a majority of cases to go

through courtsthrough courts

Criminal history data for each DUI arrestee from Criminal history data for each DUI arrestee from Criminal Justice Information System (CJIS)Criminal Justice Information System (CJIS)

Stakeholder meeting, comments, and Stakeholder meeting, comments, and recommendationsrecommendations

No crime data are perfect but these are unique No crime data are perfect but these are unique to Hawaii and are “case-level” and rare for DUIto Hawaii and are “case-level” and rare for DUI

““Typical DUI Arrestee”Typical DUI Arrestee” Please see report for complete demographics A male in his twenties to early thirties A county resident Only somewhat more likely to have a lower or

middle income-level occupation than a higher paid profession

A Blood Alcohol Concentration (BAC) in the .129 to .141 range at the time of his arrest (the legal limit in Hawaii is .08)

And is a first-time DUI arrestee without an extensive criminal history.

Average BACAverage BAC

Average BAC= .135Average BAC= .135 Varies tremendously from .000 to .323Varies tremendously from .000 to .323

Especially top 25% - ranges from .174 to .323Especially top 25% - ranges from .174 to .323 BAC is affected by complexities of “real BAC is affected by complexities of “real

world” policingworld” policing Must transport to a station with “legally Must transport to a station with “legally

admissible” testing deviceadmissible” testing device Making “PAS” device legally admissible Making “PAS” device legally admissible

evidence could possibly increase number of evidence could possibly increase number of DUI convictions (see recommendations)DUI convictions (see recommendations)

Criminal HistoriesCriminal Histories

As a groupAs a group DUI arrestees do not have DUI arrestees do not have extensive DUI or overall criminal historiesextensive DUI or overall criminal histories

Future research should compare DUI Future research should compare DUI arrestees to both the general population arrestees to both the general population and criminal subpopulationand criminal subpopulation ““Are DUI arrestees more criminally involved Are DUI arrestees more criminally involved

than the general population or criminals in than the general population or criminals in general?”general?”

DUI Criminal HistoryDUI Criminal History DUI History

Over three-quarters of the sample had no prior DUI convictions

Almost 90 percent had no more than one. Only 5 percent of the sample had three or more prior

DUI convictions at the time of their arrest. Three prior convictions mark the threshold for being charged under Hawaii’s 2001“habitual drunk driver” law (HRS §291-4.4) as well as the current statute (HRS § 291E-61.5).

Thus, small group of “persistent offenders”– (see recommendations)

• Most likely for most of this group their DUI offenses are a part of general criminal involvement and social disorganization --very highly correlated (.697, p<.001) NOT IN REPORT. Plain English: people who have many DUI convictions also have many other types of criminal convictions

• Errata sheet “DUI misdemeanors”

General Criminal HistoryGeneral Criminal History Approximately two-thirds of the sample had no Approximately two-thirds of the sample had no

arrests or convictions of any type at the time of arrests or convictions of any type at the time of their arrest and, of those who did, three-quarters their arrest and, of those who did, three-quarters of the offenses fell in the misdemeanor and petty of the offenses fell in the misdemeanor and petty misdemeanor/violation categories.misdemeanor/violation categories.

Small group with extensive criminal historiesSmall group with extensive criminal histories Again, future research should compare the Again, future research should compare the

criminal histories of DUI arrestees to those of criminal histories of DUI arrestees to those of both the general population and the criminal both the general population and the criminal subpopulation.subpopulation.

Relating Criminal History and BACRelating Criminal History and BAC

DUI arrestees with prior DUI arrests and/or DUI arrestees with prior DUI arrests and/or convictions, and/or prior criminal convictions of convictions, and/or prior criminal convictions of any type (but not prior arrests) have significantly any type (but not prior arrests) have significantly higher average BACs than do DUI arrestees higher average BACs than do DUI arrestees without such priorswithout such priors Plain English: DUI arrestees with “priors” have more Plain English: DUI arrestees with “priors” have more

alcohol in their systemalcohol in their system

However, the average difference is in the range However, the average difference is in the range of .02 BAC. As explained in the report, of .02 BAC. As explained in the report, these these results should be interpreted with caution.results should be interpreted with caution.

Case OutcomesCase Outcomes

High Conviction RatesHigh Conviction Rates ~83% of all arrestees~83% of all arrestees ~90% of arrestees with BACs above legal limit ~90% of arrestees with BACs above legal limit

of .08of .08 Perhaps gives support to the idea going Perhaps gives support to the idea going

through the trouble of making the “PAS” through the trouble of making the “PAS” device “legally admissible evidence”device “legally admissible evidence”• ““public/private partnership” – would advocacy public/private partnership” – would advocacy

groups would be willing to help fund this?groups would be willing to help fund this? alcohol industry could be asked to contributealcohol industry could be asked to contribute

DUI-Related Motor Vehicle DUI-Related Motor Vehicle Collisions (“MVCs”)Collisions (“MVCs”)

DUI-related fatalities not included (or known), but topic for DUI-related fatalities not included (or known), but topic for further researchfurther research

About 30% of DUI arrests involved MVCAbout 30% of DUI arrests involved MVC Half single and multiple MVCsHalf single and multiple MVCs

Slightly less than one-third of the people who were involved Slightly less than one-third of the people who were involved in DUI-related MVCs were injured. Of those who were in DUI-related MVCs were injured. Of those who were injured, just over two-thirds sustained injuries that required injured, just over two-thirds sustained injuries that required emergency transportation to a hospital.emergency transportation to a hospital.

Additional research should be conducted to determine if Additional research should be conducted to determine if DUI-related MVCs are more dangerous than non-DUI-DUI-related MVCs are more dangerous than non-DUI-related collisions in terms of the likelihood and/or severity of related collisions in terms of the likelihood and/or severity of injuries.injuries.

Average BAC and MVCsAverage BAC and MVCs

Surprising result: Average BAC actually Surprising result: Average BAC actually lower in MVCs which result in an injury lower in MVCs which result in an injury than in accidents that did not result in an than in accidents that did not result in an injury injury Small difference of about .01 to .02 BAC – Small difference of about .01 to .02 BAC –

about one drink?about one drink?

BAC Test “Refusers” and “Consenters”BAC Test “Refusers” and “Consenters”Criminal HistoriesCriminal Histories

28 (5.6%) arrestees refused to take BAC test28 (5.6%) arrestees refused to take BAC test On average, BAC test “refusers” have greater On average, BAC test “refusers” have greater

number of prior DUI arrests (1.25 vs. 0.59) than number of prior DUI arrests (1.25 vs. 0.59) than “consenters”“consenters” Also more misdemeanor, petty misdemeanor, and Also more misdemeanor, petty misdemeanor, and

violation convictions of any typeviolation convictions of any type

Plain English: BAC test refusers have had more Plain English: BAC test refusers have had more DUI arrests and overall contact with the criminal DUI arrests and overall contact with the criminal justice system than do BAC test consentersjustice system than do BAC test consenters This makes sense: more “savvy” defendantThis makes sense: more “savvy” defendant

Conviction Rates of “Refusers” and Conviction Rates of “Refusers” and “Consenters”“Consenters”

Although Although not statistically significant:not statistically significant:

Conviction Rate for Refusers = 69%Conviction Rate for Refusers = 69%

Conviction Rate for Consenters = 83%Conviction Rate for Consenters = 83%

MEDIA PLEASE DO NOT REPORT!! MEDIA PLEASE DO NOT REPORT!! Too few “refusers” in sample for statistical Too few “refusers” in sample for statistical

tests -- additional research need to tests -- additional research need to determine whether difference is “real”determine whether difference is “real”

Recommendations OverviewRecommendations Overview

Simplify BAC test consent formSimplify BAC test consent form Approve PAS device BAC as admissible Approve PAS device BAC as admissible

evidenceevidence Focus on deterring “average citizen”Focus on deterring “average citizen” Conduct additional researchConduct additional research

Simplify BAC Test Consent FormSimplify BAC Test Consent Form

Strong consensus amongst stakeholders Strong consensus amongst stakeholders that current form is too long and can be that current form is too long and can be dramatically shorteneddramatically shortened Arrestees are intoxicated while a long form is Arrestees are intoxicated while a long form is

being read to thembeing read to them Neighbor islands use much shorter forms Neighbor islands use much shorter forms

successfullysuccessfully Proposed revision in AppendixProposed revision in Appendix

Make PAS BAC Legally AdmissibleMake PAS BAC Legally Admissible

PAS results likely higher than “station” BACPAS results likely higher than “station” BAC To make PAS legally admissibleTo make PAS legally admissible

Urge the State Department of Health to approve the Urge the State Department of Health to approve the PAS as a blood testing device in Hawaii.PAS as a blood testing device in Hawaii.

Set up a program to field test individual PAS devices Set up a program to field test individual PAS devices on a monthly basis in order to assess and ensure on a monthly basis in order to assess and ensure accuracy.accuracy.

• Opportunity for “public/private” partnership?Opportunity for “public/private” partnership? Set up a training program to ensure that police Set up a training program to ensure that police

officers use the PAS properly in the field.officers use the PAS properly in the field.• Opportunity for “public/private” partnership?Opportunity for “public/private” partnership?

Focus on Deterring “Average Citizen”Focus on Deterring “Average Citizen”

Huge reductions in DUI over past 25 years Huge reductions in DUI over past 25 years probably due to deterring average citizen rather probably due to deterring average citizen rather than hardcore alcohol/drug addictthan hardcore alcohol/drug addict

Average citizen is largest pool of potential DUI Average citizen is largest pool of potential DUI offendersoffenders

Threat of punishment (deterrence) most effective Threat of punishment (deterrence) most effective for people with “a stake in conventional life”for people with “a stake in conventional life”

Government agencies and advocacy groups should work cooperatively to obtain both public and private funding, as appropriate, for these efforts.

What Works According to ResearchWhat Works According to Research DUI deterrence results from DUI deterrence results from combined effectscombined effects of of

a number of variables that result in:a number of variables that result in:more DUI enforcementmore DUI enforcement and and news coveragenews coverage

These result in These result in a greater perceived risk of arresta greater perceived risk of arrest and thus a reduction in DUIand thus a reduction in DUI

Government and advocacy groups should work Government and advocacy groups should work cooperatively to find “private/public partnerships” cooperatively to find “private/public partnerships” create funding to create more DUI enforcement create funding to create more DUI enforcement and news coverageand news coverage Taxpayers unlikely to support “government doing it Taxpayers unlikely to support “government doing it

all.”all.”

Download a Copy of the ReportDownload a Copy of the Report

cpja.ag.state.hi.uscpja.ag.state.hi.us

Mahalo!Mahalo!