A Drunk Driving Systems Approach

A DRIVING FORCE FOR SAFETY TRAFFIC INJURY RESEARCH FOUNDATION

A Drunk A Drunk Driving Driving Systems Systems ApproachApproach

Robyn Robertson, M.C.A.Robyn Robertson, M.C.A.

Traffic Injury Research FoundationTraffic Injury Research FoundationMichigan Traffic Safety SummitMichigan Traffic Safety Summit

Lansing, MILansing, MI

March 14March 14thth, 2007, 2007


OverviewOverview History of research initiative.History of research initiative. Priority problems and Priority problems and solutions in Michigan.solutions in Michigan. Applications of the system Applications of the system improvements approach:improvements approach:

a strategic review of the DWI systema strategic review of the DWI systemusing supervision technologies – using supervision technologies – interlocks/SCRAMinterlocks/SCRAM


HistoryHistory Hard core repeat offenders account for Hard core repeat offenders account for a substantial part of the alcohol-crash a substantial part of the alcohol-crash problem. problem. Agencies have uniformly shifted their Agencies have uniformly shifted their focus to these persistent offenders.focus to these persistent offenders. Efforts are needed to close loopholes Efforts are needed to close loopholes that allow offenders to evade that allow offenders to evade apprehension, prosecution, sanctioning apprehension, prosecution, sanctioning – there is evidence that the justice – there is evidence that the justice system is not achieving its goals. system is not achieving its goals. Continued progress will depend on our Continued progress will depend on our ability to address this problem.ability to address this problem.


Project backgroundProject background TIRF conducted a 3-year TIRF conducted a 3-year comprehensive review of the comprehensive review of the criminal DWI system under funding criminal DWI system under funding from Anheuser Busch Companies.from Anheuser Busch Companies. The goal was to identify priority The goal was to identify priority problems and practical solutions to problems and practical solutions to improve the efficiency and improve the efficiency and effectiveness of the criminal DWI effectiveness of the criminal DWI system.system. Unique project approach involving Unique project approach involving several thousand front-line several thousand front-line professionals.professionals.


AcceptanceAcceptanceAmerican Judges AssociationAmerican Judges AssociationAmerican Probation and Parole AssociationAmerican Probation and Parole AssociationAmerican Prosecutors Research InstituteAmerican Prosecutors Research InstituteAssociation of Transportation Safety Information Association of Transportation Safety Information ProfessionalsProfessionalsCalifornia District Attorneys AssociationCalifornia District Attorneys AssociationCenter for Substance Abuse TreatmentCenter for Substance Abuse TreatmentConference of State Court AdministratorsConference of State Court AdministratorsCouncil of State GovernmentsCouncil of State GovernmentsGovernors Highway Safety AssociationGovernors Highway Safety AssociationInternational Association of Chiefs of PoliceInternational Association of Chiefs of PoliceInstitute of Police Technology and ManagementInstitute of Police Technology and ManagementJournal of Offender MonitoringJournal of Offender MonitoringNational Association of Prosecutor Coordinators National Association of Prosecutor Coordinators National Association of State Alcohol and Drug Abuse National Association of State Alcohol and Drug Abuse DirectorsDirectors


AcceptanceAcceptanceNational Association of State Judicial EducatorsNational Association of State Judicial EducatorsNational Criminal Justice AssociationNational Criminal Justice AssociationNational Center for State CourtsNational Center for State CourtsNational Conference of State LegislaturesNational Conference of State LegislaturesNational District Attorneys Association National District Attorneys Association National Employers for Traffic Safety National Employers for Traffic Safety National Highway Traffic Safety AdministrationNational Highway Traffic Safety AdministrationNational Institute on Alcohol Abuse and AlcoholismNational Institute on Alcohol Abuse and AlcoholismNational Institute of CorrectionsNational Institute of CorrectionsNational Institute of Justice National Institute of Justice National Transportation Safety BoardNational Transportation Safety BoardNational Judicial CollegeNational Judicial CollegeNational Traffic Law CenterNational Traffic Law CenterSubstance Abuse and Mental Health AdministrationSubstance Abuse and Mental Health AdministrationWashington Traffic Safety CommissionWashington Traffic Safety Commission


Enforcement:Enforcement: problem listproblem list PaperworkPaperwork Test refusalTest refusal DetectionDetection Incomplete evidenceIncomplete evidence Medical cooperationMedical cooperation Failure-to-appearFailure-to-appear RecordsRecords TestimonyTestimony ResourcesResources


Enforcement:Enforcement: problem listproblem list Paperwork Test refusal Detection Incomplete evidence Medical cooperation Failure to appear Records Testimony Resources


Paperwork: problemPaperwork: problem Paperwork associated with DWI Paperwork associated with DWI arrests, especially those involving arrests, especially those involving repeat offenders, is voluminous.repeat offenders, is voluminous. Nationwide, officers may complete as Nationwide, officers may complete as many as many as 1616 different forms, containing different forms, containing repetitive information.repetitive information. Officers require an average of Officers require an average of 2-32-3 hours to complete an arrest. hours to complete an arrest. While progress has been made, While progress has been made, paperwork requirements are still paperwork requirements are still substantial.substantial.


Paperwork: solutionPaperwork: solution Reduce it:Reduce it: standardize and standardize and streamline paperwork.streamline paperwork. Technology:Technology: to reduce processing to reduce processing time and errors.time and errors.

computerize forms, with branching computerize forms, with branching systems and linkages to other forms.systems and linkages to other forms.electronic roadside equipment such as electronic roadside equipment such as mag-stripe readers to make form mag-stripe readers to make form completion faster and more accurate.completion faster and more accurate.


Testimony: problemTestimony: problem Police officers testify Police officers testify

infrequently in DWI cases – infrequently in DWI cases – 78%78% of officers report that they of officers report that they rarely or occasionally testify.rarely or occasionally testify.

Officers are most likely to Officers are most likely to testify in cases involving repeat testify in cases involving repeat offenders where accuracy and offenders where accuracy and detail are extremely important.detail are extremely important.


Testimony: solutionTestimony: solution Preparation:Preparation: by prosecutors in by prosecutors in how to effectively testify in how to effectively testify in court.court. Mock trials:Mock trials: to simulate to simulate presentation of evidence and presentation of evidence and cross-examination.cross-examination. Mentoring:Mentoring: working with working with experienced officers and using experienced officers and using direct observation.direct observation.


Prosecution:Prosecution: problem listproblem list

Evidentiary issues Test refusal Motions &

continuances Records Inadequate penalties Failure-to-appear Legislative

complexities Expert witnesses Plea agreements Prosecutor training

Nationwide

Michigan Evidentiary issues Expert witnesses Inadequate penalties Test refusal Records Motions &

continuances Legislative

complexities Failure to appear Plea agreements Prosecutor training


Prosecution:Prosecution: problem listproblem list Evidentiary issues Test refusal Motions and continuances Records Inadequate or inconsistent penalties Failure to appear Legislative complexities Expert witnesses Plea agreements Prosecutor training


Evidentiary issues: Evidentiary issues: problemproblem

Collection of evidence:Collection of evidence: Complex investigation and arrest procedures create opportunities for errors. Lack of standardization in police training and DWI testing procedures produces inconsistency.

Documentation of evidence:Documentation of evidence:Numerous and detailed forms provide opportunities for error.Lack of standardization of breath testing equipment.Storage and chain of custody issues.Admissibility of prior convictions.


Evidentiary issues: Evidentiary issues: solutionsolution

Training:Training: improved and improved and standardized police training and standardized police training and DWI testing procedures.DWI testing procedures. Cooperation:Cooperation: improved improved police/prosecutor cooperation.police/prosecutor cooperation. Recognition:Recognition: improved police improved police motivation -- recognition of motivation -- recognition of officers doing a good/consistent officers doing a good/consistent job.job.


Motions and continuances: Motions and continuances: problemproblem Motions are written applications to the Motions are written applications to the

court to obtain a favorable decision or court to obtain a favorable decision or ruling.ruling.

Motions, including those for Motions, including those for continuances, can be overused or used in continuances, can be overused or used in a “frivolous” manner to delay a “frivolous” manner to delay proceedings and “bury” prosecutors in proceedings and “bury” prosecutors in paperwork. paperwork.

Prosecutors have difficulty responding to Prosecutors have difficulty responding to some motions due to problems accessing some motions due to problems accessing legal research and reference materials.legal research and reference materials.


Motions and continuances: Motions and continuances: solutionsolution

Access:Access: consistent, computerized access to

Westlaw and related legal websites. greater access to legal research

materials and court rulings.

Case processing:Case processing: stricter adherence to guidelines to ensure the case is processed in a reasonable timeframe.


Adjudication:Adjudication: problem listproblem list

Sentence monitoringSentence monitoring Evidentiary issuesEvidentiary issues CaseloadCaseload Motions & Motions &

continuancescontinuances Failure to appearFailure to appear RecordsRecords Sentencing disparitySentencing disparity Mandatory minimum Mandatory minimum

sentencessentences JuriesJuries

Nationwide

Michigan Sentence Sentence

monitoringmonitoring CaseloadCaseload Failure to appearFailure to appear Evidentiary issuesEvidentiary issues Motions & Motions &

continuancescontinuances JuriesJuries RecordsRecords Sentencing Sentencing

disparitydisparity Mandatory Mandatory

minimum sentencesminimum sentences


Adjudication:Adjudication: problem listproblem list Sentence monitoringSentence monitoring Evidentiary issues Caseload Motions and continuances Failure to appear Records Sentencing disparity Mandatory minimum sentences Juries


Sentence monitoring: Sentence monitoring: problemproblem Commonly assumed that offenders Commonly assumed that offenders comply with imposed sentences.comply with imposed sentences. Offenders frequently fail to comply, Offenders frequently fail to comply, either in whole or in part.either in whole or in part. Judges in Michigan estimate that Judges in Michigan estimate that 29%29% of offenders are returned to court for of offenders are returned to court for failing to comply with dispositions - failing to comply with dispositions - comparable to the national average.comparable to the national average. Petitions to revoke probation are Petitions to revoke probation are rarely filed in some states.rarely filed in some states.


Sentence monitoring: Sentence monitoring: problemproblem Courts have Courts have limited resourceslimited resources to to monitor offender compliance – monitor offender compliance – almost almost 2/32/3 of Michigan judges of Michigan judges report resources are insufficient. report resources are insufficient.

Lack of communication was Lack of communication was identified by identified by 50%50% of Michigan of Michigan judges as the most significant judges as the most significant factor factor impeding the effective impeding the effective monitoringmonitoring of offenders. of offenders.


Sentence monitoring: Sentence monitoring: solutionsolution Streamline reporting: Streamline reporting: simplify reports simplify reports to facilitate judicial review and ensure to facilitate judicial review and ensure statutory limitations on revocation statutory limitations on revocation orders are met.orders are met.

Centralize reporting:Centralize reporting: through probation through probation and parole officers – and parole officers – 83%83% of Michigan of Michigan judges support this recommendation.judges support this recommendation.

Contact and communication:Contact and communication: greater greater integration between courts, probation, integration between courts, probation, treatment, and offenders would improve treatment, and offenders would improve compliance – compliance – 95%95% agree, compared to agree, compared to 74%74% nationally. nationally.


Adjudication:Adjudication: problem listproblem list Sentence monitoring Evidentiary issues CaseloadCaseload Motions and continuances Failure to appear Records Sentencing disparity Mandatory minimum sentences J


Caseload: Caseload: problemproblem With 1.4 million arrests With 1.4 million arrests annually, DWI offenses are the annually, DWI offenses are the most frequently adjudicatedmost frequently adjudicated misdemeanor in the lower courts.misdemeanor in the lower courts. Caseloads are substantial -- in Caseloads are substantial -- in Minnesota almost Minnesota almost 40%40% of the of the criminal calendar is DWI related.criminal calendar is DWI related. Repeat offenders are more likely Repeat offenders are more likely to plead not guilty and go to trial to plead not guilty and go to trial – – 56%56% of Michigan judges agree. of Michigan judges agree.


Caseload: solutionCaseload: solution More judges: More judges: judges support more hiring to judges support more hiring to reduce caseloads and improve sentencing reduce caseloads and improve sentencing decisions – decisions – 26%26% of Michigan judges agree. of Michigan judges agree.

Specialized courts:Specialized courts: result in swifter result in swifter resolutions, reduce backlogs and improve resolutions, reduce backlogs and improve outcomes – outcomes – 58%58% of Michigan judges agree of Michigan judges agree (compared to (compared to 50%50% nationally). nationally).

Mandatory alcohol assessments:Mandatory alcohol assessments: the timely the timely production of these will allow judges to production of these will allow judges to evaluate plea agreements and expedite evaluate plea agreements and expedite sentencing – sentencing – 95%95% of Michigan judges agree. of Michigan judges agree.


Monitoring:Monitoring: problem problem listlist

Non-compliance Non-compliance with court orderswith court orders

CaseloadCaseload Conflicting goalsConflicting goals Sentencing Sentencing

disparitydisparity Program designProgram design PaperworkPaperwork Net-wideningNet-widening RecordsRecords

Nationwide

Michigan CaseloadCaseload Non-compliance Non-compliance

with court orderswith court orders Program designProgram design Conflicting goalsConflicting goals PaperworkPaperwork Sentencing Sentencing

disparitydisparity RecordsRecords Net-wideningNet-widening


Probation/parole:Probation/parole: problemproblem Non-compliance with court ordersNon-compliance with court orders Caseload Conflicting goals Sentencing disparity Program administration Paperwork Net-widening Records


Non-compliance: Non-compliance: problemproblem

Hard core repeat offenders Hard core repeat offenders simply do not comply with simply do not comply with court-ordered sanctions:court-ordered sanctions:Do not have ignition interlocks Do not have ignition interlocks

installed. installed. Do not show up for treatment.Do not show up for treatment.Do not pay fines and fees.Do not pay fines and fees.Do not abstain from alcohol or Do not abstain from alcohol or

drugs.drugs.


Non-compliance: Non-compliance: problemproblem Offenders frequently fail to comply Offenders frequently fail to comply to varying extents; non-compliance to varying extents; non-compliance is not consistently detected.is not consistently detected. Officers nationwide estimate that Officers nationwide estimate that 44%44% of offenders fail to comply of offenders fail to comply with the terms and conditions of with the terms and conditions of sentence.sentence. Offenders least compliant with Offenders least compliant with license sanctions license sanctions (36%)(36%); treatment ; treatment (28%)(28%)..


Non-compliance: Non-compliance: solutionsolution

Better communication:Better communication: between between probation and treatment agencies probation and treatment agencies – – 88%88% agree. agree.

Contact & testing: Contact & testing: more more client contact, with random client contact, with random testing -testing - 44% 44% of officers of officers support. support.

Technical assistance: Technical assistance: greater greater use of new technologies. use of new technologies.


Probation/parole:Probation/parole: problemproblem Non-compliance with court orders Caseload Conflicting goals Sentencing disparity Program administrationProgram administration Paperwork Net-widening Records


Program administration: Program administration: problemproblem Over Over 65%65% of officers report that of officers report that program requirements or design program requirements or design contribute to non-compliance, contribute to non-compliance, occasionally or often. occasionally or often.

Offenders circumvent screening Offenders circumvent screening mechanisms.mechanisms.

Conditions cannot be complied with.Conditions cannot be complied with.

Programs administered inconsistently.Programs administered inconsistently.


Program Program administration: solutionadministration: solution Indigent offender funds: Indigent offender funds: a a priority need. priority need.

Realistic program requirements:Realistic program requirements: to to facilitate entry and improve the facilitate entry and improve the likelihood of compliance.likelihood of compliance. Program matching: Program matching: to make better to make better use of resources and increase use of resources and increase success rates.success rates. Certification and standards:Certification and standards: for for service providers.service providers.


Systems approachSystems approach System parts are interdependent.System parts are interdependent. Collectively examining the findings from Collectively examining the findings from the series of reports, it is evident that the series of reports, it is evident that many of the same problems impact the many of the same problems impact the system at all levels:system at all levels: caseload caseload evidenceevidence test refusaltest refusal recordsrecords failure to appearfailure to appear legislationlegislation

Fixing a problem can have beneficial Fixing a problem can have beneficial reverberations throughout the entire reverberations throughout the entire system.system.


What is needed?What is needed? Enhanced training and education.Enhanced training and education. Improved communication and Improved communication and cooperation among professionals.cooperation among professionals. Improved records: timeliness, Improved records: timeliness, linkages, and access.linkages, and access. Greater use of technology.Greater use of technology. Legislation and regulation.Legislation and regulation. More resources.More resources.


Summary reportSummary reportSummary report contains 64 Summary report contains 64 recommendations for improving the DWI recommendations for improving the DWI system:system:

Communication and cooperationCommunication and cooperationTraining and educationTraining and educationTechnologyTechnologyRecordsRecordsLegislationLegislationResourcesResources

Leadership from key agencies Leadership from key agencies (AJA, APPA, NTLC, IACP) (AJA, APPA, NTLC, IACP) stimulated involvement of others, stimulated involvement of others, resulting in a consensual roadmap resulting in a consensual roadmap for change. for change.Report facilitated the formation ofReport facilitated the formation of

the the Working Group on DWI System Working Group on DWI System ImprovementsImprovements..


Working GroupWorking GroupOur Our Working Group on DWI System Working Group on DWI System ImprovementsImprovements has become an effective has become an effective coalition that is advancing the priority coalition that is advancing the priority recommendations. recommendations. 14 agencies are involved. 14 agencies are involved. Inclusive process; some agencies have Inclusive process; some agencies have never been seen as part of the process. never been seen as part of the process. Our initiative is breaking down barriers, Our initiative is breaking down barriers, improving communication and improving communication and cooperation.cooperation.This This Working GroupWorking Group has the credibility, has the credibility, profile and expertise to facilitate the profile and expertise to facilitate the implementation of priority implementation of priority recommendations.recommendations.


Working GroupWorking GroupThe Working Group held its inaugural meeting in 2004.

Milestone in the history of DWI.A major outcome was the development of guiding principles to make the recommendations more practical and feasible.

In 2005 the meeting provided concrete illustrations of progress.

In 2006 meeting focused on

a strategic review of the DWI system and interlock programs.


DWI system strategic DWI system strategic reviewreview

Some states have already Some states have already undertaken a strategic review.undertaken a strategic review. The process has varied across states.The process has varied across states. Outcomes have been mixed.Outcomes have been mixed. Research can guide the review Research can guide the review process.process. An emphasis should be on making An emphasis should be on making the system work better.the system work better. A review can be undertaken at a A review can be undertaken at a state, county, or local level.state, county, or local level.



Step 1:Step 1: select a review select a review strategy and build a teamstrategy and build a team

identify a strategy for conducting identify a strategy for conducting a reviewa reviewestablish a review team of establish a review team of qualified stakeholdersqualified stakeholderslimit the size of the teamlimit the size of the teamuse a two-tiered process to use a two-tiered process to create buy-increate buy-in



Step 2:Step 2: identify purpose, identify purpose, goals, and objectivesgoals, and objectives

establish and prioritize short-term establish and prioritize short-term and long-term objectivesand long-term objectivesassign responsibilities to team assign responsibilities to team membersmemberspromote communication and promote communication and cooperation among cooperation among members/agenciesmembers/agenciesavoid partisanshipavoid partisanship



Step 3:Step 3: establish guiding principles establish guiding principlesachievableachievablecontextcontextcomprehensivecomprehensivecompromisecompromiseconstructiveconstructiveculturally and socio-economically sensitiveculturally and socio-economically sensitiveevidence-basedevidence-basedinclusiveinclusivemeasurablemeasurableresponsiveresponsivesystem-centeredsystem-centered



Step 4:Step 4: assess the system assess the systeminterview key players in the system – conduct interview key players in the system – conduct agency assessments to gather input from agency assessments to gather input from front-line professionalsfront-line professionalsgather hard datagather hard datalocate source of problemslocate source of problems

Step 5:Step 5: evaluate potential solutions evaluate potential solutionsevaluate solutions for problems using clear evaluate solutions for problems using clear criteriacriteriaavoid unintended negative consequencesavoid unintended negative consequencesemphasize assessment and treatmentemphasize assessment and treatment



Step 6:Step 6: select a viable strategy select a viable strategyachieve consensus on most effective achieve consensus on most effective strategiesstrategiesintegrate system components and integrate system components and facilitate communicationfacilitate communication

Step 7:Step 7: create consensus create consensusremain focused on goalsremain focused on goalsencourage cooperation and compromiseencourage cooperation and compromisedevelop support for changes among develop support for changes among stakeholdersstakeholders



Step 8:Step 8: develop recommendations develop recommendations and support delivery with a well-and support delivery with a well-communicated strategycommunicated strategyStep 9:Step 9: set responsibilities and set responsibilities and timelines as part of an timelines as part of an implementation planimplementation planStep 10:Step 10: measure outcomes and measure outcomes and establish an ongoing review; establish an ongoing review; share successesshare successes


DWI system strategic DWI system strategic review review

Caveats to the review process:Caveats to the review process:scanning the systemscanning the systemavoiding unintended negative avoiding unintended negative consequencesconsequencesfeedbackfeedbackspecial populationsspecial populationsassessment and treatmentassessment and treatmentpublic educationpublic educationa “model” systema “model” systemsharing successessharing successes


SummarySummaryThe review process can bring The review process can bring agencies together to discuss common agencies together to discuss common problems and foster communication problems and foster communication and cooperation among agencies.and cooperation among agencies. A review team can be an effective A review team can be an effective vehicle to leverage consensus and vehicle to leverage consensus and create effective change to improve create effective change to improve the system. the system. A review can ensure agencies are A review can ensure agencies are making the best use of limited making the best use of limited resources.resources.


Technology: a systems Technology: a systems approachapproach An interlock is a An interlock is a breath-testing device breath-testing device attached to a car attached to a car starter.starter.

It prevents ignition It prevents ignition when a pre-set level when a pre-set level of alcohol is detected of alcohol is detected in the breath sample in the breath sample provided by, provided by, presumably, the presumably, the driver.driver.


How does it How does it work?work?

BAC = 0 Ignition

Running Retest

BAC > 0.02 Interlock

BAC <= 0.02 Warn


Technology: a systems Technology: a systems approachapproach

Devices have been Devices have been commercially available since commercially available since the 1980s.the 1980s. Most states have enabling Most states have enabling legislation and programs.legislation and programs. Interlocks are used Interlocks are used irregularly – only about irregularly – only about 120,000 in NA.120,000 in NA.



In the past 7 years the research In the past 7 years the research and technology have advanced and technology have advanced considerably.considerably.Programs have been implemented Programs have been implemented in almost all jurisdictions.in almost all jurisdictions.Yet despite compelling research, Yet despite compelling research, and enabling legislation, and enabling legislation, interlocks are used irregularly – interlocks are used irregularly – why?why?



Program implementation and Program implementation and delivery have received far less delivery have received far less attention. attention. This has hindered participation This has hindered participation in and the expansion of interlock in and the expansion of interlock programs.programs.Attention must now be focused Attention must now be focused on improving implementation on improving implementation and delivery of all programs. and delivery of all programs. Front-line professionals are Front-line professionals are partners in this process, not partners in this process, not adversaries. adversaries.



Research results and Research results and technological advances are not technological advances are not well-translated in the criminal well-translated in the criminal justice literature. justice literature. Training and education are Training and education are inconsistent or largely unavailable inconsistent or largely unavailable to professionals. to professionals. Professionals have been generally Professionals have been generally uninvolved in program setup.uninvolved in program setup.Myths and legends surrounding Myths and legends surrounding interlocks have never been interlocks have never been adequately addressed outside of adequately addressed outside of the research community.the research community.



Consequently, criminal Consequently, criminal justice professionals are justice professionals are unfamiliar with interlock unfamiliar with interlock devices or programs.devices or programs.

Yet these professionals play Yet these professionals play a key role in program delivery a key role in program delivery in many jurisdictions, and are in many jurisdictions, and are a linchpin to improving a linchpin to improving participation rates.participation rates.


Role of law Role of law enforcementenforcementTo determine at the roadside if the To determine at the roadside if the driver is interlock-restricted – driver is interlock-restricted – requires means of identification.requires means of identification.To determine that the proper To determine that the proper device is installed and functioning device is installed and functioning as it should – requires knowledge as it should – requires knowledge of the device.of the device.To file necessary charges – To file necessary charges – requires knowledge of legislation. requires knowledge of legislation.


Role of prosecutorRole of prosecutorMake sentence Make sentence recommendations and provide recommendations and provide information to the judge – information to the judge – requires knowledge of devices requires knowledge of devices and program. and program. Handle probation violation and Handle probation violation and revocation hearings – requires revocation hearings – requires availability and time in court.availability and time in court.Handle evidentiary hearings and Handle evidentiary hearings and respond to motions – requires respond to motions – requires extensive knowledge of science.extensive knowledge of science.


Role of prosecutorRole of prosecutorExamine/cross-examine expert Examine/cross-examine expert witnesses – requires availability of witnesses – requires availability of witness and knowledge of science.witness and knowledge of science.Prove defendant gave the breath Prove defendant gave the breath sample – requires evidence. sample – requires evidence. Prove the device was valid and Prove the device was valid and operating properly – requires operating properly – requires evidence that meets federal rules.evidence that meets federal rules.Scientifically refute alternate Scientifically refute alternate explanations such as mouth explanations such as mouth alcohol, medical conditions, food.alcohol, medical conditions, food.


Role of judgeRole of judge Sentence defendant:Sentence defendant:

according to principles of according to principles of sentencingsentencingaccording to facts of caseaccording to facts of caseensure that justice is servedensure that justice is servedensure there are resources ensure there are resources available for sentenceavailable for sentenceconsider financial means of consider financial means of defendantdefendantconsider family situationconsider family situation


Role of judgeRole of judgeJudges need knowledge at the Judges need knowledge at the time of sentencing to address the time of sentencing to address the following issues: following issues:

claim that offender does not intend to driveclaim that offender does not intend to drive

claim that offender does not own a vehicleclaim that offender does not own a vehicle

claim that offender is unable to provide a claim that offender is unable to provide a sufficient breath samplesufficient breath sample

offenders routinely fail to install interlockoffenders routinely fail to install interlock

offenders fail to drive the interlocked offenders fail to drive the interlocked vehiclevehicle


Role of judgeRole of judgeEnsure compliance with conditions of Ensure compliance with conditions of sentencing – requires multiple reports.sentencing – requires multiple reports.Preside over violation/evidentiary Preside over violation/evidentiary hearings – requires time on docket hearings – requires time on docket and knowledge of science, availability and knowledge of science, availability of counsel. of counsel. Evaluate evidence in motions, from Evaluate evidence in motions, from expert witnesses; include/exclude – expert witnesses; include/exclude – requires knowledge and evidentiary requires knowledge and evidentiary test. test. Rule on hearing and impose sentence Rule on hearing and impose sentence – must have available sanctions, – must have available sanctions, resources.resources.


Role of probationRole of probationMake sentence recommendations- Make sentence recommendations- requires knowledge of program.requires knowledge of program.Supervise and enforce all Supervise and enforce all conditions imposed – requires conditions imposed – requires time and resources.time and resources.Respond to non-compliance.Respond to non-compliance.Handle probation violation or Handle probation violation or revocation hearings – requires revocation hearings – requires knowledge of law, science. knowledge of law, science. Enforce any sanctions imposed – Enforce any sanctions imposed – requires time and resources.requires time and resources.


System challengesSystem challengesInexperience of DWI professionalsInexperience of DWI professionalsMisdemeanor cases vs. felony casesMisdemeanor cases vs. felony casesMandatory minimums – no alternativesMandatory minimums – no alternativesIndigent offenders and use of finesIndigent offenders and use of finesCaseload/workload – trends in Caseload/workload – trends in probationprobationRevocations and overcrowding in jailsRevocations and overcrowding in jailsShort-term vs. long-term public safetyShort-term vs. long-term public safety


What is needed?What is needed? Education and training within Education and training within the criminal justice the criminal justice community.community. Translation of the research.Translation of the research. Dialogue with the criminal Dialogue with the criminal justice community to address justice community to address program delivery issues. program delivery issues. Streamlined reporting.Streamlined reporting. Linkages with treatment. Linkages with treatment.



ConclusionsConclusionsMany states have criminal justice Many states have criminal justice based interlock programs. based interlock programs. To date, professionals have been To date, professionals have been largely uninvolved in programs. largely uninvolved in programs. Program implementation has been Program implementation has been inconsistent. Program guidelines inconsistent. Program guidelines are critical to ensure growth. are critical to ensure growth. More education is need to ensure More education is need to ensure broad acceptance.broad acceptance.Dialogue with the criminal justice Dialogue with the criminal justice professionals is encouraged.professionals is encouraged.


Technology: a systems Technology: a systems approachapproach This is a secure, This is a secure, continuous, remote, continuous, remote, alcohol monitoring alcohol monitoring device - SCRAM.device - SCRAM.

It measures alcohol It measures alcohol that is excreted that is excreted through the skin in the through the skin in the form of constant, form of constant, insensible perspiration.insensible perspiration.



Almost all impaired driving Almost all impaired driving offenders are ordered, as a offenders are ordered, as a condition of probation, to refrain condition of probation, to refrain from consuming alcohol.from consuming alcohol. Monitoring, in the form of Monitoring, in the form of existing blood, breath and urine existing blood, breath and urine protocols, is used infrequently protocols, is used infrequently and inconsistently. and inconsistently. As a result, sobriety among As a result, sobriety among offenders has been notoriously offenders has been notoriously difficult to enforce. difficult to enforce.



In the past decade, In the past decade, continuous alcohol testing continuous alcohol testing technology has emerged – technology has emerged – transdermal alcohol testing. transdermal alcohol testing. This passive, non-invasive This passive, non-invasive test permits the continuous test permits the continuous monitoring of offenders for monitoring of offenders for alcohol consumption 24/7 at alcohol consumption 24/7 at any location. any location. It is currently being used in It is currently being used in 36 states.36 states.


TIRF initiativeTIRF initiative DDevelop a package of 3 reports to evelop a package of 3 reports to assist criminal justice assist criminal justice professionals. professionals.

overview of the research, technology overview of the research, technology and programs related to transdermal and programs related to transdermal testing;testing;

a practitioner’s guide for frontline a practitioner’s guide for frontline professionalsprofessionals

an agency administrator’s handbook.an agency administrator’s handbook.


ConclusionsConclusionsThe criminal justice system is complex The criminal justice system is complex – pieces are interdependent.– pieces are interdependent.There are cross-cutting issues that There are cross-cutting issues that impact all phases of the system.impact all phases of the system.Fixing just one problem in one phase Fixing just one problem in one phase can have positive reverberations can have positive reverberations throughout the system.throughout the system.Agencies should take an integrated Agencies should take an integrated approach instead of working as silos.approach instead of working as silos.Agencies can work cooperatively and Agencies can work cooperatively and leverage consensus to effect change. leverage consensus to effect change.

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A Drunk Driving Systems Approach

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