Transcript First Time offenders, Multiple Offenders Only Alcohol

First Time Alcohol Offenders
AAMVA Region IV Conference
Big Sky, Montana
Thomas Manuel
Program Director, Driver Fitness
AAMVA
Jurisdictions Requiring Interlock
Multiple Offenders (7 jurisdictions)
Welcome Alabama
1st & Multiple Offenders (14 jurisdictions)
AK, AZ, AR, CO, HI, IL, LA, NE, NM, NY,
OR, UT, WA, CA (4 Counties)
Multiple Offenders & 1st Offenders With A
High BAC - Usually > .15% (11 jurisdictions)
Discretionary – Judicial and/or MVA (18
jurisdictions & District of Columbia)
Program Effectiveness
5 Factors:
Administrative
Program
Ignition Interlock Device
Ignition Interlock License Restriction
Close Monitoring of Offenders for Program
Compliance
High Acceptance Rate by Offenders
Monitoring Procedures
• Congratulatory Letter if No Violations
– Warning of Future Consequences if a Violation Occurs
• Warning Letter for 1st Violation
– Warning of Future Consequences if Another Violation
• Two-Week Monitoring Letter Mailed for 2nd Violation
– Extra Monthly Visit to Interlock Vendor Required (No
Additional Cost)
– Warning of Interview with MAB if Another Violation
• MAB Interview Letter Mailed for 3rd Violation
– On Case-by-Case Basis, MAB Physician Required Self-Help
Group, Treatment, Extended Interlock Program Participation,
Other
First Offender vs Multiple Offender
• Concern about protecting and
prosecuting a first time offender.
– Progressive discipline
• Severe punishment for crime committed
repeatedly
• Lesser severity for initial criminal activity
First Offender vs Multiple Offender
• Judiciary = Criminal punishment
– Determine guilt and punishment
– Allows for leniency
– Allows mitigation and extenuation
– Permits progressive punishment
– Dispenses justice
– Protect the rights of the defendant
– Appropriate to their purpose
First Offender vs Multiple Offender
• Executive = Driver Licensing Agency
– Regulates and grants driving privileges
– Determines criteria to operate motor
vehicle safely
– Balance between individuals and public
health and safety
First Offender vs Multiple Offender
• The safeguards the court provides the alcohol
offenders are opposed to the mission of the
drivers license agency.
• The Driver Licenses Agency determines the
driver’s qualifications based upon the Courts
historical conviction record of the driver.
First Offender vs Multiple Offender
• Judiciary has no authority to revoke or
suspend driver licenses
• Executive revokes or suspends based
upon the actions (convictions) by the
Court
– Laws or points
First Offender vs Multiple Offender
• First Offender Myths
– A little too much to drink, a couple of beers,
few glasses of wine with dinner
– One sip over the limit
– Single solitary isolated incident
– Not to be repeated
– Law abiding citizen
– “Social Drinker”
First Offender vs Multiple Offender
• First Offender Myths
– Therefore deserve a second chance
– Deserve leniency
– Deserve little or no punishment
– No sanction or restriction on the license
– Not as dangerous as the multiple offender
or High BAC offenders
First Offender vs Multiple Offender
• First Offender Truths
– Nothing is further from the truth
– No evidence support first time offenders
are qualified to drive.
– First time offenders closely resemble
multiple offenders
– No variations in behavior of alcohol
offenders
First Offender vs Multiple Offender
Just the facts
• First Offender Truths
– First offenders have broken
the law without being caught
– 200 – 2000 times impaired prior to 1st
arrest
– 4 years of Saturday night drinking without
arrest.
– Escape detection
First Offender vs Multiple Offender
• How do we know this?
– NHTSA literature review concluded:
• 1st time offenses share similar characteristics.
– The American Journal of Preventive Health
recent study concluded:
• 100 million driver records definitively identifies
1st and multiple offenders act the same.
Offender vs Multiple Offender
• 100 million driver record review:
– Puts to rest the fictitious belief 1st time
offenders deserve extraordinary sympathy
– 1st time offenders are not involved in a
single isolated incident as a result of bad
fortune
– 1st time and multiple offenders should no
longer be separated into categories
First Offender vs Multiple Offender
• 100 million driver record review:
– No longer is there a foundation or rationale
to make a distinction
– Eliminate the categories 1st and multiple
offenders
– Any persons with any alcohol offense are
at a greater risk of recidivism
– Given enough time a 1st offender will
become a multiple offender.
First Offender vs Multiple Offender
• Is it possible to find a true first time
offender?
– Extremely unlikely
– Exception to the rule, merits no
consideration and is an unrealistic
justification
First Offender vs Multiple Offender
• Importance in indentifying alcohol
offenders
– Court proceedings hide or minimize first
offenders
– Masking, deversions, and expunging records
are deterimental to determining qualified
drivers
– Any alcohol offender should be disqualified to
drive.
– No distinction or special consideration given to
drivers with any alcohol event.
First Offender vs Multiple Offender
• Alcohol abusers and/or dependant should be disqualified
from driving without regard to number of convictions
–
DSM IV Substance use history which includes the following: (1) substance abuse (see
below); (2) continuation of use despite related problems; (3) increase in tolerance
(more of the drug is needed to achieve the same effect); and (4) withdrawal symptoms.
–
A pattern of substance use leading to significant impairment in functioning. One of the
following must be present within a 12 month period: (1) recurrent use resulting in a
failure to fulfill major obligations at work, school, or home; (2) recurrent use in
situations which are physically hazardous (e.g., driving while
intoxicated); (3) legal problems resulting from recurrent use; or
(4) continued use despite significant social or interpersonal problems caused by the
substance use. The symptoms do not meet the criteria for substance dependence as
abuse is a part of this disorder
• Alcohol offenders by definition are either abuser or
dependent
Judge Albert Kramer
• Court-Ordered Clinical Evaluations for All 1st
Offenders Convicted of Drunk Driving (1,252 First
Offenders)
• Two Day Evaluations Conducted by 3 Leading
Alcohol Treatment Agencies in New England
– 1,032 Out of 1,252 Offenders (82%) were
Assessed as Alcoholics or Problem Drinkers
– Only 221 (18%) were Assessed as Social Drinkers
First Offender vs Multiple Offender
• The term "first-time offender" can create
a false impression. It is used to mean a
person has no prior convictions. This is
not a true first-time offender.
• Drunk drivers are not caught on their
first time driving drunk.
First Offender vs Multiple Offender
• Need to change
– Court convictions
• Fail as a basis to determine if a person should
continue to drive.
– Chemical refusal, failed breath or roadside
test - not convictions
• Swift, decisive, certain countermeasures at
time of arrest
• Arrest and confiscate license at the scene
• Issue a 15 day temporary license to enroll in an
interlock program (installed) and/or
administrative hearing
Once upon a time…
• There is a distinctive difference between a
person with no prior convictions and a true
first-time offender. "First-time convicted" does
not mean "first-time offender.”
• The first time offender is a diversion to take
the attention away from the problem – the
drunk driver.
First Offender vs Multiple Offender
• Need to change
– Eliminate first time offense language and
multiple language in
•
•
•
•
DWI/DUI laws regulation
CDL laws
Ignition interlock laws
Revocation and reinstatement laws
First Offender vs Multiple Offender
• First Offense Changes
– Adopt appropriate sanctions to any alcohol
offender on their first documented offense
– No sanctuary by pretentious virtue of a first
documented offense
– Offer rehabilitation and treatment
– Offer ignition interlock
– Demonstrate sobriety before lifting any
sanctions
Rate-Based Analysis
• On average, the annual rate of a subsequent
violation is 7.15 times higher among drivers with one
prior than drivers with no prior violations. Thus, the
rate of a subsequent violation was increased by
615% by the first violation.
• Drivers with two priors have 10.6 times the rate of
recidivism than drivers with no priors (1,055%
Increase)
• Drivers with three or more priors have 14.9 times the
rate of recidivism than drivers with no priors (1,494%
Increase)
• First offenders “similar” to multiple offenders
Percent Increase of Alcohol-Related Events
Relative to Drivers with No Prior Events
Relative Risk of Alcohol-Related Event
for Females
• Relative Risk of First Offense is 4.3 Times
Higher for Males than Females
• Once a First Offense has Occurred, Relative
Risk is Virtually the Same for Males and
Females
• 1.2 for One Prior Event
• 1.0 for Two Prior Events
• 1.0 for Three or More Prior Events
Conclusions
• First Alcohol-Related Event Proved to be a
More Powerful Statistical Risk Factor for
Recidivism than Subsequent Recidivism
Among Multiple Offenders
• Recidivism Among First Offenders More
Closely Resembles Recidivism Among
Multiple Offenders than Among Drivers with
No Priors
Discussion
• Traditional Approach to Deterring AlcoholImpaired Driving Focuses on Convictions for
Determining Highway Safety Risk Overlooks
Other Alcohol-Related Events
• Substantial Number of Episodes of AlcoholImpaired Driving Do Not Appear on the Driver
Record Or Are Not Considered an Alcohol
Violation
Discussion
• Having Even 1 Prior Alcohol-Related Event
Substantially and Significantly Increases the
Risk of a Subsequent Alcohol-Related Event
Regardless of the Way in Which the Event
was Handled Administratively, Judicially, or
through a Diversion Program
• No History of Alcohol-Impaired Driving
Should be Segregated, Expunged, or Purged
from a Driver’s Record
Discussion
• Any Alcohol-Related Traffic Event (Not Just
Convictions) Should be Perceived by the Courts,
State Licensing Agencies, Medical Advisory Boards,
State Legislators, Public Health Officials and
Physicians as a Marker for Future Alcohol-Related
Recidivism
• Public Health Policy Should Classify First Offenders
Using a Broader Definition of Alcohol-Related Events
Instead of the Legal Criminal Definition (Conviction)
– Early Intervention, Treatment, Ignition Interlock License
Restriction with Criterion Based Removal
Questions?
Thomas Manuel
Program Director
Driver Fitness
AAMVA
[email protected]
Telephone (703) 908-8283