Implementation of Washington State's zero tolerance law: patterns of arrests, dispositions, and recidivism

OBJECTIVES: Zero tolerance (ZT) laws have been effective in reducing alcohol-related crashes among underage drivers. However, enforcement in some states has not been rigorous, and ZT offenses may not be viewed as serious offenses. On July 1, 1994, the state of Washington implemented a ZT law that allowed police to request a test for alcohol on suspicion of either a ZT or driving-under-the-influence (DUI) offense. The present study examined effects of the ZT law on arrests and case dispositions among underage offenders as a function of blood alcohol concentration (BAC) and post-law patterns of recidivism. METHODS: Times-series analyses examined the effects of the ZT law on trends in arrests of underage drivers between 1991 and 1999. Based on arrest records matched with driver's license records, the effects of the law on dispositions of alcohol-related offenses among underage drivers were examined, and rates of recidivism among underage offenders were examined for the period following the ZT law. RESULTS: There was a substantial increase in arrests of underage drivers beginning immediately after implementation of the ZT law, especially among drivers with low BACs. The types of court or administrative dispositions received by underage offenders changed markedly after the ZT law was implemented. Underage offenders with lower BACs became far more likely to receive alcohol-related convictions and/or license suspensions. However, the percentage of underage offenders with higher BACs receiving DUI convictions declined as some of these offenders received the lesser ZT disposition. After the ZT law, underage offenders with BACs of 0.10 g/dL or higher were more likely to recidivate than those with lower BACs, but appreciable proportions of drivers were re-arrested for another alcohol offense, whatever the BAC and however they were penalized. CONCLUSIONS: Implementation of Washington's law indicates that a ZT law can increase the likelihood that an underage person will be sanctioned for drinking and driving. However, recidivism remains an issue as more than one in four underage drivers arrested with low BACs subsequently were re-arrested.     

Alcohol-impaired motorcyclists versus car drivers: A comparison of crash involvement and legal consequence from adjudication data

Introduction: Driving under the influence (DUI) increases the probability of motor-vehicle collisions, especially for motorcycles with less protections. This study aimed to identify commonalities and differences between criminally DUI offenses (i.e., with a blood alcohol concentration (BAC) of 80 mg/dL or higher) committed by motorcyclists and car drivers. Methods: A total of 10,457 motorcycle DUIs and 8,402 car DUIs were compared using a series of logistic regression models, using data extracted from the documents of adjudication decisions by the courts of Jiangsu, China. Results: The results revealed that offenders from the high-BAC group (i.e., 200 mg/dL or higher) accounted for more than 20% of the total DUI offenses, and were more likely to be involved in a crash and punished with a longer detention. Motorcyclists had a higher likelihood of crash involvement, and were also more likely to be responsible for single-vehicle crashes associated with higher odds of injury sustained, compared to alcohol-impaired car drivers. In the verdict, motorcycle offenders were more likely to receive a less severe penalty. Conclusions: Interventions are clearly required to focus on reducing in the high-BAC group of offenders. For alcohol-impaired motorcyclists, their risks of crash and injury against BAC climb more steeply than the risks for car drivers. The factors including frequent occurrences, uncertainty of detection, and short-term sentences may weaken the deterrence effect of the criminalization of motorcycle DUI. Practical Applications: The traffic-related adjudication data support traffic safety analysis. Strategies such as combating motorcycle violations (e.g., unlicensed operators or driving unsafe vehicles), undertaking education and awareness campaigns, are expected for DUI prevention.     

An evaluation of the implementation of ignition interlock in California

Problem: This study evaluates the degree to which courts have implemented California's ignition interlock program, and surveys judges and district/city attorneys to identify barriers to implementing a successful interlock program. Method: There are three parts to the evaluation. In the first, a sample of drivers arrested for driving on a driving under the influence (DUI)-suspended driver license was examined to calculate the rate at which courts order interlocks for DUI-suspended drivers, as required by California law. The second part of the study used Department of Motor Vehicle (DMV) records to count the statewide rate of court-ignition interlock device (IID) orders across time and jurisdictions. The final part surveyed judges, district/city attorneys, and offenders installing an interlock to obtain information about their use of interlock, barriers to implementing an interlock program, and the effectiveness of the devices in preventing drinking and driving. Results: It was found that conviction rates for driving while suspended are low; that judges order interlocks for only a fraction of the convicted driving-while-suspended (DWS) offenders who should receive such an order; and that the majority of offenders who are ordered by the court to install an ignition interlock in their vehicle do not do so. Impact on Industry: Any successful interlock program will need to find a way to balance the inability of many offenders to pay for the devices, with the need for the industry to remain economically viable.     

A note on the effectiveness of the house-arrest alternative for motivating DWI offenders to install ignition interlocks

Introduction

The effectiveness of ignition interlocks at reducing drunk driving has been limited by the ability of driving-while-intoxicated (DWI) offenders to avoid court orders to install the devices.

Methods

In a pilot program in New Mexico, four Santa Fe County judges imposed home confinement (via electronic monitoring bracelets) on offenders who claimed to have no car or no intention to drive. Interlock installation rates for Santa Fe County were compared with all other counties in New Mexico over a 2-year program and 2-year post-program period.

Results

During the two program years, 70% of the drivers convicted of DWI in Santa Fe County installed interlocks, compared to only 17% in the other counties, but when the program was terminated, the Santa Fe installation rate fell by 18.8 percentage points.

Summary

Mandating the alternative sanction of house arrest led to the highest reported interlock installation rate for DWI offenders.

Impact on Industry

Impaired driving is a substantial expense to employers, particularly when it bars driving that interferes with employment. Interlocks provide a method of protecting the public while permitting the offender to drive sober. This study was directed at increasing interlock use by DWI offenders.     

The deterrent effect of increasing fixed penalties for traffic offences: the Norwegian experience

PROBLEM: Many motorized countries use fixed penalties to deter the most common traffic violations. Fixed penalties are usually given at the spot by a police officer. If the offender accepts the fixed penalty, no court hearing or trial is held. During the years 1995-2004, the rates for fixed penalties for traffic offences in Norway increased substantially. This paper evaluates the effects on compliance of these increases. METHOD: Regression analysis was performed to determine the effects of increases in fixed penalties. RESULTS: For speeding in general, no effect of increasing fixed penalties can be found. For speeding close to speed camera sites, there is a weak tendency for the violation rate to go down. This tendency is not statistically significant at conventional levels. For seat belt wearing, wearing rates are found to increase as fixed penalties have increased. In recent years, however, enforcement of the seat belt law has stepped up, making it impossible to separate the effect of enforcement from that of fixed penalties. IMPACT ON INDUSTRY: It has been suggested that the police may adapt to stricter penalties by reducing enforcement or by adopting larger tolerance margins for violations. Available evidence does not support this hypothesis.     

Barriers to interlock implementation

This commentary reviews current and past vehicle interlock programs for impaired driving offenders with a focus on the challenges that courts and motor vehicle departments face in attempting to implement mandatory programs as required by current federal legislation. There are few offenders in interlock programs compared to the large number of impaired drivers arrested each year. This suggests that, to increase participation, courts will have to threaten more severe sanctions for those offenders who reject interlock programs. A combination of electronic house arrest with interlock programs is suggested as a method of maximizing interlock use.     

Attitudes toward mandatory ignition interlocks for all offenders convicted of driving while intoxicated

Introduction: Ignition interlocks are effective in reducing alcohol-impaired driving recidivism for all offenders, including first-time offenders. Despite their effectiveness, interlock use among persons convicted of driving while intoxicated from alcohol (DWI) remains low. This cross-sectional survey of U.S. adults assessed public support for requiring ignition interlocks for all convicted DWI offenders including first-time offenders. The goal was to update results from a similar 2010 survey in light of new state requirements and increased interlock installations. Methods: Questions were included in the Porter Novelli FallStyles survey, which was fielded from September 28 to October 16, 2015. Participants were the 3,536 individuals who provided an opinion toward requiring ignition interlocks for all offenders. For analyses, opinion toward requiring interlocks for all offenders was dichotomized into ‘agree’ and ‘neutral/disagree.’ To handle missing data, 10 imputed datasets were created and pooled using fully conditional specification (FCS). Results: Fifty-nine percent of adults supported requiring interlocks for all DWI offenders. Multivariate analysis revealed that persons who did not report alcohol-impaired driving (AID) were 60% more likely to support requiring interlocks than those who reported AID. Having heard of interlocks also increased support. Support was generally consistent across demographic subgroups. Conclusions: Interlocks for all offenders have majority support nationwide in the current survey, consistent with previous reports. Support is lowest among those who have reported alcohol-impaired driving in the past 30 days. These results suggest that communities with higher levels of alcohol-impaired driving may be more resistant to requiring ignition interlocks for all convicted DWI offenders. Future studies should examine this association further. Practical applications: These results indicate that the majority of adults recognize DWI as a problem and support requiring interlocks for all offenders.     

Barriers to interlock implementation

This commentary reviews current and past vehicle interlock programs for impaired driving offenders with a focus on the challenges that courts and motor vehicle departments face in attempting to implement mandatory programs as required by current federal legislation. There are few offenders in interlock programs compared to the large number of impaired drivers arrested each year. This suggests that, to increase participation, courts will have to threaten more severe sanctions for those offenders who reject interlock programs. A combination of electronic house arrest with interlock programs is suggested as a method of maximizing interlock use.     

Characteristics of drivers testing positive for heroin or ecstasy in Norway

An increasing number of heroin and ecstasy seizures were recorded by the Norwegian police and customs authorities in the 1990s. The number of apprehended drivers in whom heroin and ecstasy were detected also rose in the same period (Heroin, 1991: n = 17, 1999: n = 320. Ecstasy, 1995: n = 6, 1999: n = 123). Drivers who tested positive for heroin (detected in urine as the metabolite 6-monoacetyl-morphine, 6-MAM) or ecstasy (3,4-methylenedioxy-metamphetamine, MDMA, detected in blood) were characterized with regard to age distribution, drug use pattern, and earlier arrests. In 1998-1999, the police apprehended 9013 drivers on suspicion of being under the influence of drugs other than alcohol. Blood and urine samples from the drivers were sent to the Norwegian Institute of Public Health, Division of Forensic Toxicology and Drug Abuse and analyzed for the most commonly abused drugs. 6-MAM was detected in urine in 7% of the cases (n = 637), representing 542 different drivers (male: 85%, n = 463, female: 15%, n = 79) as some drivers were rearrested several times during the selection period. MDMA was detected in 2% of the cases (n = 190), representing 177 drivers (male: 90%, n = 160, female: 10%, n = 17). The median ages of drivers who tested positive for 6-MAM or MDMA were 32 and 24 years, respectively. Multi-drug use was very common in both groups (83% and 98% for the heroin and ecstasy group, respectively). Drivers in both groups were followed back to 1985 to detect earlier arrests for the same offence. Of the heroin group, 78% (n = 417) had earlier been arrested for drunken or drugged driving. Alcohol was the drug most frequently detected on first arrest. Of the ecstasy group, 47% (n = 83) had earlier been arrested, and amphetamine was most frequently found on first arrest.     

Improved recovery of repeat intoxicated drivers using fingernails and blood spots to monitor alcohol and other substance abuse

Objectives: This study reports the results of a pilot program in Kenosha County that used a combination of direct biomarkers extracted from blood spots and nails to monitor repeat intoxicated drivers for their use of alcohol and drugs with a detection window spanning from 3 weeks to several months. The objectives were to test whether the direct biomarkers phosphatidylethanol (PEth), ethylglucuronide (EtG), and 5 drug metabolites would (1) help assessors obtain a more objective evaluation of repeat offenders during the assessment interview, (2) allow for timely identification of relapses and improve classification of drivers into risk categories, and (3) predict recidivism by identifying offenders most likely to obtain a subsequent operating while intoxicated (OWI) offense within 4 years of enrollment in the program.

Methods: All (N = 261) repeat offenders were tested using PEth obtained from blood spots and EtG obtained from fingernails; 159 participants were also tested for a 5 drugs of abuse nail panel. Drivers were tested immediately after the assessment interview (baseline) and at 3, 6, 9, and 12 months after baseline. Based on biomarker results and self-reports of abstinence, offenders were classified into different risk categories and required to follow specific testing timelines based on the program's decision tree.

Results: The baseline analysis shows that 60% of drivers tested positive for alcohol biomarkers (EtG, PEth, or both) at the assessment interview, with lower detection rates (0–11%) for the 5 drug metabolites. The comparison of biomarkers results to self-reports of abstinence identified 28% of all offenders as high risk and assigned them to more frequent testing and more intense monitoring. The longitudinal analysis shows that 56% (completers) of participants completed the program successfully and the remaining 44% (noncompliant) terminated prematurely. Two thirds (68%) of the completers were able to reduce or control their drinking and one third relapsed at least one time during their mandated monitoring periods. After a brief intervention by the assessors, 79% of relapsers tested negative for biomarkers in their repeat tests. The rearrest analysis showed that offenders classified in the noncompliant and relapsers groups were 7 times more likely to receive a new OWI 4 years after enrollment compared to drivers classified as abstainers or controllers. Refractory drivers were monitored the longest and reported no subsequent rearrests.

Conclusion: These findings demonstrate the benefits of more individualized interventions with repeat OWI offenders and calls for further development of multimodal approaches in traffic medicine including those that use direct alcohol biomarkers as evidence-based practices to reduce recidivism.     

Key aspects of successful rehabilitation after repeated or serious driving offenses

Objective: In Germany, license restoration after serious or repeated offenses requires a positive medical psychological assessment (MPA), a test to determine the driver's aptitude. Fulfilling the conditions necessary for a positive MPA often takes longer than the period of license revocation, which is perhaps due to the involvement of different personal, organizational, and environmental factors. To optimize the rehabilitation process, the present study analyzed the key aspects of successful rehabilitation after repeated or serious driving offenses.

Methods: After participating in the MPA, 1,631 subjects completed a questionnaire about rehabilitation efforts. The selection of items for this questionnaire was made according to our own prior research, interviews with problem drivers, and the diagnostic criteria for the MPA. Participants were asked when and from whom they obtained certain information and how relevant this information was for their success. In contrast to other studies, which used reoffense rates as a criterion for successful rehabilitation, we used a positive MPA result (positive, negative, or training) as the criterion for success.

Results: Just over half (52%) of the participants considered themselves optimally informed about the rehabilitation process. The others (47.4% of participants) judged the adequacy of information received as less than satisfactory. Offenders who did not partake in counseling before the MPA achieved a successful result only about half as often (37.1%) as those who did (70%) and were around 3 times as likely to have additional courses imposed upon them (21 vs. 7.6%). Of the offenders who received crucial and helpful information at an early stage, 62.4% attained a positive MPA at the first attempt (regardless of having attended any training courses). The success rate for the first attempt rose to 81% for offenders who were well informed at an early stage and participated in counseling before their first MPA.

Conclusion: The results clearly indicate that the provision of relevant information at an early stage combined with counseling has a beneficial influence on success rates for the rehabilitation process (an increase from 37.1 to 81%). As such, we recommend the introduction of obligatory license consultations, offered by MPA experts, involving a status assessment to customize offenders' rehabilitation and thereby provide more or less intensive guidance or coaching depending on offenders' characteristics throughout their progression through the MPA system.     

An evaluation of the Swedish ignition interlock program

The Swedish alcohol ignition interlock program for driving while intoxicated (DWI) offenders, both first-time as well as multiple offenders, was launched as a pilot project in 1999. It is a volunteer program and differs in some respects from other programs: It covers a period of 2 years, it includes very strict medical regulations entailing regular checkups by a physician, it does not require a prior period of hard suspension, and it focuses strongly on changes in alcohol habits. Records from the 5 years prior to the offence showed that DWI offenders are generally in a high-risk category long before their offense, with a four to five times higher accident rate (road accidents reported by the police) and a three to four times higher rate of hospitalization due to a road accident. Only 12% of the eligible DWI offenders took part in the program and, of these, 60% could be diagnosed as alcohol dependent or alcohol abusers. During the program, alcohol consumption is monitored through self-esteem questionnaires (AUDIT) and five different biological markers. Our data show a noticeable reduction in alcohol consumption among the interlock users. This, combined with the high rate of compliance with the regulations, probably accounts for the fact that there was no case of recidivism during the program. Preliminary findings also suggest a reduction in the annual accident rate for interlock users while in the program. It still is too early to draw any conclusions concerning the rate of recidivism after completion of the program due to an insufficient amount of data for analysis. Nevertheless, the preliminary results are so promising that the program will now be expanded to cover all of Sweden as well as to include all driver's license categories.     

The Illinois .08 law. An evaluation

Lowering state blood alcohol concentration (BAC) limits to 0.08, though controversial, has been supported by most evaluation studies to date. The Illinois .08 BAC law implemented in 1997 provided a unique opportunity to evaluate the effect of the law without the simultaneous passage of an administrative license revocation (ALR) law, which has clouded some previous evaluations of the .08 laws. The proportion of all drinking drivers in fatal crashes was compared before versus after implementing the .08 law using time-series analysis to evaluate 12 years of fatal crash data for Illinois and five bordering states. The results showed that the proportion of drinking drivers in fatal crashes decreased by 14% in Illinois and increased by 3% in bordering states. The proportion of drinking drivers in fatal crashes in Illinois, though increasing since 1995, was sharply reduced after passage of the .08 law in 1997, saving more than 100 lives in 1998 and 1999 than it would have without the .08 law.     

Forfeiture programs in California: why so few?

PROBLEM: It is estimated that at least 75% of suspended or revoked drivers continue to drive illegally. In states like California, there are also a substantial and growing number of people who drive without ever having been licensed. Some states, such as Ohio and California, have enacted vehicle impoundment and forfeiture programs as sanctions to reduce these offenses. Published evaluations indicate that vehicle impoundment laws reduce recidivism and crash rates. However, vehicle forfeiture programs have been less successful, mostly because of low levels of enforcement. METHOD: Police officers and district attorneys from 17 jurisdictions were interviewed by phone or in person to determine current enforcement levels and impediments to more aggressive application of statutory authority. RESULTS AND DISCUSSION: The survey found that most California jurisdictions are enforcing vehicle impoundments for first-time offenders. However, very few jurisdictions were enforcing the vehicle forfeiture law for repeat offenders. Among the reasons for not enforcing the vehicle forfeiture law was a perception that it was too time-consuming and/or not a priority among prosecutors. However, a number of authorities indicated that the simple vehicle impoundment procedure is often functionally equivalent to forfeiture because many drivers fail to retrieve the vehicle at the end of the impoundment period. IMPACT ON INDUSTRY: Vehicle impoundment programs are effective mechanisms in deterring illicit driving, and states should be encouraged to initiate vehicle impoundment laws. States could achieve even greater safety benefits if vehicle forfeiture sanctions were extensively used for repeat offenders. However, based on California's experience, the incremental benefits of vehicle forfeiture (over vehicle impoundment) may not be very great.     

Marijuana use and driving in Washington State: Risk perceptions and behaviors before and after implementation of retail sales

Objective: Washington is among the first states to legalize recreational use of marijuana. This study examined marijuana use and risk perceptions before and after retail sales of recreational marijuana began in July 2014, the relationship between risk perceptions and marijuana use, and the relationship between self-reported marijuana use and drug test results.

Methods: Roadside surveys were conducted in 3 waves: June 2014, the month before retail sales of marijuana began; 5–6 months later (November–December 2014); and 1 year later (June 2015). A total of 2,355 drivers completed a marijuana questionnaire about their past and current marijuana use and perceived risks associated with driving after using marijuana. Data collection also included biological specimens (oral fluid and/or blood for marijuana testing and breath for alcohol testing). Drivers who tested positive for delta-9-tetrahydrocannabinol or 11-hydroxy-delta-9-tetrahydrocannabinol in oral fluid or blood were defined as THC-positive.

Results: The proportion of drivers who reported recent marijuana use was similar across the 3 surveys. However, the proportion of THC-positive daytime drivers increased from 8% before retail sales to 23% 6 months after retail sales; this proportion did not change among nighttime drivers (19 and 20%). Drivers’ perceived risk of impairment by marijuana and perceived risk of being arrested for marijuana-impaired driving were similar before and after retail sales. The odds of being THC-positive were 40% lower among drivers who perceived that marijuana was very likely to impair driving, compared to other drivers. Drivers’ perceived risk of being arrested for marijuana-impaired driving was not predictive of THC-positive driving.

Conclusions: The prevalence of daytime THC-positive drivers increased substantially a few months after retail sales of marijuana were legal. Daytime and nighttime prevalence of THC-positive drivers was similar after retail sales. This pattern differs from that typically found for alcohol use, which is consistently higher among drivers at nighttime, compared to daytime. Reports of marijuana use were not always consistent with drug test results, which suggests that comparisons of self-reported marijuana use before and after legalization could be biased. This study examined marijuana use and risk perceptions over the course of 1 year. However, law changes may influence cultural norms gradually over a longer period of time. Future studies should continue to monitor marijuana use over time, as well as identify ways to determine whether drivers are impaired by marijuana.     

Survey regarding the 0.05 blood alcohol concentration limit for driving in the United States

Background: On May 14, 2013, the National Transportation Safety Board (NTSB) proposed that states lower the blood alcohol concentration (BAC) illegal limit from 0.08 to 0.05 g/dL (also referred to as the 0.08 law and the 0.05 limit, respectively). In March 2017, this recommendation was signed into law in the State of Utah.

Objective: The objective of this survey is to investigate perceptions regarding enforcement of the 0.05 g/dL BAC limit.

Method: Opinions of law enforcement officers, prosecutors, and defense attorneys were obtained through a series of questionnaires and focus groups.

Results: Survey data were collected from 32 law enforcement officers, 20 prosecutors, and 4 defense attorneys. The participants rated the usefulness of the NHTSA's driving while intoxicated (DWI) driving cues lower for the 0.05 limit than for the 0.08 law. Some of the participants believed that training would be needed in regard to sobriety testing under the 0.05 limit. Participants also stated that adequately preparing for prosecution of drunk drivers would be more difficult under the 0.05 limit. In addition, it was believed that drunk driving cases are more likely to be withdrawn and fewer plea agreements and guilty pleas are likely under the 0.05 limit. Prosecutors were concerned that the 0.05 limit would result in poorly investigated cases and overburden the court system. Defense attorneys were concerned about the social and economic costs of a 0.05 limit.

Discussion: Overall, it appears that the 0.05 limit is viewed as enforceable and it will save lives; however, the usefulness of the NHTSA DWI Detection Guide and of the standardized field sobriety tests need to be established for lower BACs, and efforts must be made to educate people regarding the relationship between BAC and impairment and impairment and driving with the risk of injury and death.

Conclusion: Though the 0.05 limit offers promise in saving lives, the following issues associated with changing the limit to 0.05 need to be resolved prior to implementation: Validating the sobriety tests for the 0.05 limit; if needed, modifying the sobriety tests to make them effective and valid at the 0.05 limit; and training law enforcement personnel and educating the public regarding the 0.05 limit.     

Blood alcohol concentration in fatally injured drivers and the efficacy of alcohol policies of the new law on road traffic safety: A retrospective 10-year study in autonomous province of Vojvodina,Republic of Serbia

Objective: The aim of this study was primarily to evaluate inebriated fatally injured drivers (FIDs) according to blood alcohol concentration (BAC) in a 10-year period (2004–2013) in Autonomous Province (AP) of Vojvodina, Republic of Serbia, to analyze the efficacy of alcohol polices in the new law on road traffic safety through changes in the number of inebriated FIDs before and after implementation of the law, as well as to identify factors that influence the occurrence of FIDs with BACs above the legal limit.

Methods: All data for this retrospective study were obtained from the Centre of Forensic Medicine, Toxicology and Molecular Genetics of Clinical Centre of Vojvodina, Novi Sad. Autopsy records for each case included age, gender, BAC, type of vehicle, and date of accident (year, month, and recalculated day of the week). BAC was determined by gas chromatography with flame ionization detection. Statistical analysis was carried out by chi-square tests and Student's t test, with P < .05 as a statistical significance, and multiple binary logistic regression.

Results: Of the 354 inebriated FIDs (60% of all FIDs), the majority had BACs between of 0.031 and 0.3 mg/ml (28%), followed by those with BAC > 2.01 mg/ml (23%). The average BAC of those driving under the influence of alcohol (DUIA) for the whole period was 1.235 ± 1.00 mg/ml and the average number of DUIA/year was 35. Among the total number of FIDs there were significantly more males (93.7%; P < .001) than females (6.3%), though the distribution of intoxicated men and women was not different (P > .05). There was a statistically significant difference in the distribution of sober and inebriated FIDs according to age (P < .001) with the predominance of inebriated FIDs between 21 and 30 years. Although gender and age were found to be significant predictors of BAC above legal limit in FIDs, the area under the receiver operating characteristics (ROC) curve showed that the model had poor discrimination (ROC = 0.673). Of all observed FIDs, 65 cases per year were attributed to the first 5-year period (2004–2009) and 49 to the second 5-year (2010–2013) period, which indicates that there was no statistically significant decrease in the number of FIDs after implementation of the new law.

Conclusion: The highest number of intoxicated FIDs during the period in AP Vojvodina were mildly and completely inebriated. In the 4-year post-policy period (2010–2013), the number of FIDs and average BAC levels of inebriated FIDs did not significantly change. The abolition of a permissible BAC should be considered.     

Delays in DUI blood testing: Impact on cannabis DUI assessments

Objective: This study examined the time from law enforcement dispatch to the first blood draw in cases of driving under the influence (DUI) vehicular homicide and a subset of DUI vehicular assault cases in Colorado in 2012. Laboratory toxicology results were also examined to understand the implications of delays in blood draws in cases of driving while under the influence of marijuana's delta-9-tetrahydrocannabinol (THC).

Methods: Colorado court records were reviewed and information regarding charges, presence of alcohol and/or drugs, time of law enforcement contact and blood draw, crash location, and other contextual factors were identified. The distributions of first blood draw times were studied by charge and by responding law enforcement agency. Toxicology data from a different cohort of DUI traffic arrests in Colorado and Washington were examined to determine the proportion of blood tests for THC that were above specified legal limits in those states.

Results: The average time from law enforcement dispatch to blood draw in cases of vehicular homicide and vehicular assault was 2.32 h (SD ± 1.31 h), with a range of 0.83 to 8.0 h and a median of 2.0 h. Data from DUI traffic arrests found that between 42 and 70% of all cannabinoid-positive traffic arrests tested below 5 ng/ml THC in blood, which is the legal limit in Colorado and Washington.

Conclusion: Given the current delays to blood testing in cases of arrests for vehicular homicide and vehicular assault in Colorado, many blood tests are unlikely to confirm that drivers who are impaired from smoking marijuana have THC levels above established legal limits.     

The effects of breath alcohol concentration on postural control

Background: Two of the 3 standardized field sobriety tests that U.S. law enforcement uses at roadside checks have a postural equilibrium component to them. Those tests have been validated to detect impairment caused by blood alcohol concentrations (BACs) of 0.08 g/dL or above. Many medical and traffic safety associations support a lower limit, and one state, Utah, has passed a law to lower the limit to 0.05 g/dL. Many studies have examined the effects of alcohol on postural control (of which postural equilibrium is a component), with a consensus emerging that impairment is usually found at BACs greater than 0.06 g/dL. Most of these studies, however, had a relatively small number of subjects, usually between 10 and 30. The current study collected data from a much larger sample.

Objective: The objective of this study was to provide additional evidence that posture control is negatively affected at BACs greater than 0.06 g/dL or breath alcohol concentrations (BrACs) of 0.06 g/210 L.

Method: This was a between-subjects study, with BrAC group as the independent variable (5 levels: 0.00, 0.04, 0.06, 0.08, and 0.10 g/210 L); 4 measures of postural control as the dependent variables; and age, height, and weight as the covariates. Posture control was measured with a force-sensing platform connected to a computer. The feet's center of pressure (CoP) on the platform was recorded and the corresponding movement of the body in the anterior–posterior and lateral planes was derived. Participants (N = 96) were randomly assigned to one of the BrAC groups. Positive BrAC groups were compared to the zero BrAC group. Data were examined with hierarchical multiple regression.

Results: Adjusted for age, height, and weight, the main effect of lateral CoP with eyes open was not statistically significant. There was a statistically significant main effect of alcohol on anterior–posterior CoP excursion with eyes open and with eyes closed and lateral CoP excursion with eyes closed. For all 3 of those variables, only BrACs of 0.08 and 0.10 g/210 L produced differences against zero BrAC. Although the main effect of alcohol on Lateral CoP Excursion with eyes open was not statistically significant, the contrasts between 0 and 0.08 and 0 and 0.10 g/210L BrAC were in the hypothesized direction.

Conclusion: The current study did not directly address the issue of whether the sobriety tests are sensitive to BrACs of 0.05 g/210 L or above; rather, it provides additional evidence that postural control, one of the components of those tests, is relatively unaffected by BrACs lower than 0.08 g/210 L. Additional research is needed on the diagnostic characteristics of the sobriety tests at BrACs lower than 0.08 g/210 L.