Darrin T. Grondel, Director

Washington Traffic Safety Commission

March 15, 2015 1

Washington StateImpaired Driving Countermeasures Without Checkpoints

2

WA WA Traffic Safety Commissioners (WTSC)Commissioners

Chief John BatisteWashington State Patrol

Pat KohlerDepartment of Licensing

John WiesmanDepartment of Health

Judge James P. SwangerClark County District Court

Randy DornSuperintendent of Public Instruction

Kevin QuigleyDepartment of Social and Health Services

VACANTWashington State Association of Counties

Jon SnyderAssociation of Washington Cities

Governor Jay InsleeCommission Chair

Lynn PetersonDepartment of Transportation

What’s Your Goal?

Impaired Driving

• Impaired driving is the single largest factor for traffic deaths in Washington State.

•1,345 of 2,804 (48%) between 2008 and 2013.

6

Sobriety Checkpoint White Paper

• Being developed by Washington Impaired Driving Advisory Council (WIDAC) - To be presented to Gov. Inslee in 2015.

• Checkpoints currently authorized in 38 states, DC, and Puerto Rico.

• Countermeasures That Work (NHTSA 2013) identified checkpoints as a proven strategy.

• Effective tool as part of a high-visibility enforcement strategy.

• Centers for Disease Control (CDC) found that checkpoints reduced alcohol-related fatal, injury, and property damage crashes by approximately 20 percent.

7

Sobriety Checkpoint White Paper

• One purpose of a sobriety checkpoint is to increase the perceived risk of detection and arrest for individuals who might otherwise decide to drive impaired. This is a checkpoint’s general deterrence effect.

• In Michigan Department of State Police v. Sitz, the U.S. Supreme Court held that the removal of impaired drivers pursuant to a sobriety checkpoint program did not violate the Fourth Amendment.

• The most effective program our state could have would combine sobriety checkpoints and saturation patrols. 8

WA = No Sobriety Checkpoints

• Seattle vs. Messiani (1988)

• Washington State Supreme Court ruled that sobriety checkpoints violate the Washington State Constitution. Article 1, Section 7 protects against warrantless searches and seizures with no express limitations.

• No local ordinance or statutory authority.

9

Governor’s Results Washington Initiative

10

Personal Rights to Privacy

• We realize Sobriety Checkpoints can be a difficult public policy to gain citizen trust and support. States must communicate the details of this important safety tool.

• It’s about saving lives:

• Seat Belt Law – Click It or Ticket

• Impaired Driving Laws

• Cell Phone and Texting (Distracted)

• Speed Cameras

• Red Light Running Cameras11

11% Decrease

12

44% Decrease

13

Fostering Leadership to Facilitate Impaired Driving System Improvements

Washington Target Zero Leadership Framework

19

FosFostering Leadership Goal

Further define the Leadership Model to identify deficiencies, develop strategies

to address those deficiencies, and garner support and resources to implement and oversee identified strategies to improve

its comprehensive impaired driving program. The ultimate objective is to

develop a process that is transferable to other states.

20

Washington Impaired Driving Advisory Council (WIDAC)• Through WIDAC, the Traffic Safety Commission receives

input from all agencies and organizations working to reduce impaired driving. WIDAC helps coordinate their work. The Advisory Council is made up of:

• 10 voting members from 7 state agencies with direct responsibility for traffic safety

• 15 advisory members with expertise in prevention, deterrence, treatment, rehabilitation, and program management

•Projects 21

WIDAC Project Description Budget

Ignition Interlock Expansion 144000.00

Pierce County PIP 90,000.00

Judicial Bench Book 60,000.00

SFST Training 35,000.00

MCA DUI Probation Handbook and Support 100,000.00

New Prosecutor DUI Training 16,000.00

TZ Prosecutor in EA Washington 135,000.00

TZ Teams Prosecutor Assistance 30,000.00

TZ Teams Local Law Enforcement Funding 31,000.00

Impaired Driving Symposium 55,000.00

Electronic Blood Warrant Statewide System 10,000.00

Electronic DUI Study 58,000.00

Pierce County SECTOR 50,000.00

LEL Support– Draeger Alcotest 9510 22,000.00

Power of Parents 25,000.00

MADD WA Program Coordinator 57,000.00

DUI Education Materials 20,000.00

Court Watch 7,000.00

WIDAC Support 55,000.00

Fostering Leadership Project Total $1,000,000 22

WA Interlock LawsYear Law

1987 Interlocks allowed

1988 Interlocks required for repeat and high BAC offenders

2004 Interlocks required for all DUI offenders

2009 Ignition Interlock Driver’s License—Driver’s allowed to drive during their suspension as long as they install an interlock

2011 Compliance-based removal—four months without failures

2012 Interlock required for reduced DUIs (reckless, negligent)

2013 Interlock devices required to have cameras

2013 Repeat offenders required to install interlock as condition of pre-trial release.

2015 Interlock devices required to have GPS (HB 1276 pending legislative approval).

23

2013 Camera Interlock Devices

24

Ignition Interlock Compliance

• IID video DUI offenders must watch during install

• Also used for judges, probation and treatment providers

• State and national law enforcement training videos

Highlights

25

• Law enforcement officers dedicated to nighttime DUI enforcement

• 24-month traffic safety demonstration project that began in July 2010 in King, Pierce, and Snohomish Counties (three most populated counties in WA)

• Based on success, expanded the project to Spokane and Yakima counties

• Governor Inslee requested a plan to sustain project and expand to other counties

• Analysis shows that TZT counties are experiencing traffic death reductions at twice the rate of non-TZT counties when compared to previous five-year average 26

Target Zero Teams

27

Target Zero Teams

28

Party Intervention Patrol

• Conduct a comprehensive evaluation of Pierce County’s Party Intervention Patrol model.

Assessment Recommendation

• Youth involved in a PIP are more likely to see harm from alcohol use, think that it’s wrong to drink, and to think that it’s likely they will be caught.

• Parents involved in a PIP say they are more likely monitoring of youth behavior and talking with youth about alcohol-related risks.

Highlights of Evaluation

29

Party Intervention Patrols

30

SFST Training

• Implement all recommendations from the 2008 NHTSA Standardized Field Sobriety Testing Assessment including developing a statewide instructor and practitioner tracking system.

Assessment Recommendation

• Statewide SFST Coordinator established.

• SFST training standardized and refresher training required.

• Training tracking system developed.

• DUI A to Z: From Traffic Stop to Verdict.

Highlights

31

Judge’s DUI Bench Book

• Fund an update of the DUI Bench Book for judges.

Assessment Recommendation

• Contracted with a judge and a committee of 24 volunteer judges to write it.

• Completed, updated version delivered to every district court judge in the state.

Highlights

32

Prosecutor’s DUI Boot Camp

• Continue aggressive DUI training for prosecutors.Assessment

Recommendation

• Four-day Boot Camp trained 32 new prosecutors.

• Elected prosecuting attorneys, TSRP, WAPA, CJTC worked together to develop class.

• Annual classes continue.

Highlights

33

Target Zero Prosecutors

• Create a network of Target Zero prosecutors.Assessment

Recommendation

• Stephanie Olsen hired as Eastern WA TZ Prosecutor, housed in Spokane Prosecutor’s Office.

• Supported the additional TZT workload at TZT county prosecutors’ offices.

• Network of 17 TSRP fellows trained.

Highlights

34

Power of Parents

• Procure resources to continue the prevention strategies of the Washington Healthy Youth (WHY) Coalition (formerly RUaD).

Assessment Recommendation

• 17 trainers received MADD POP training.

• Goal is to train 1,000 parents.

• Reductions in DBHR budgets challenging for this project.

Highlights

35

Law Enforcement Liaison Support

• Implement fully the Law Enforcement Liaison Program to include systematic meetings and establish a recognition program that highlights law enforcement accomplishments.

Assessment Recommendation

• 26 Law Enforcement Liaisons established.

• Sponsored first Washington State Law Enforcement Challenge.

• Purchased two training units for the change to Draeger breath test equipment.

Highlights

36

Judicial Outreach Liaison

• Expand judicial outreach and training programs.

Assessment Recommendation

• Received NHTSA JOL grant.

• Hired Judge Scott Bergstedt. Actively involved at all levels of the system.

Highlights

37

Model DUI Probation Pilot

• Provide adequate resources that allow probation services to be available to all courts adjudicating DUI.

Assessment Recommendation

• Probation Handbook complete.

• Model DUI Probation Handbook complete.

• PBTs distributed to all probation offices.

Highlights

38

DUI Courts

• Increase the number of DUI Courts by at least one per year.

Assessment Recommendation

• New DUI Courts in Yakima and Okanogan Counties.

• DUI Courts—Changing Behavior, Changing Lives Video http://vimeo.com/19981496.

Highlights

39

Electronic DUI Report Feasibility Study

• Expand development and deployment of the statewide electronic collision and ticket online records application (SECTOR) to include an electronic DUI report.

Assessment Recommendation

• Feasibility Study complete.Highlights

40

Electronic Blood Warrants

• Marijuana legalization (December 2012)

• Missouri v. McNeely US Supreme Court (April 2013)

• WA Implied Consent Law Changes (Sept 2013)

41

Electronic Blood Warrants

• ELIAS—Electronic Law Enforcement Interface for Acquisition of Search Warrants

• Statewide, web-based electronic search warrant system for law enforcement, judiciary, prosecutors, and court staff

42

MADD WA Program Coordinator

• Provide schools with current, accurate, impaired driving and other traffic safety learning information.

Assessment Recommendation

• Seven Seattle high schools engaged with Power Talk 21.

• 30,000 Power of Parent handbooks distributed.

Highlights

43

WA Impaired Driving Advisory Council (WIDAC)

• Implement the Fostering Leadership to Facilitate Impaired Driving Improvement Systems demonstration project.

Assessment Recommendation

• 2011 state Legislature increased BAC Test fine and provided WTSC with $25 of each fine for impaired driving grants. WIDAC will recommend process for grants.

Highlights

44

Fostering Leadership Model

• Implement the Fostering Leadership to Facilitate Impaired Driving Improvement Systems demonstration project.

Assessment Recommendation

• Worked with NHTSA and TSI staff to develop a Fostering Leadership curriculum for other states.

Highlights

45

Marijuana Legalization in WA

• I-502, Nov. 6, 2012

• ACLU, Rick Steves, Peter Lewis

• $6 million

Medical Marijuana• 1998• No provider list• No patient list• No stringent regulatory

oversight46

Today’s marijuana potency: “Not Your Daddy’s Woodstock Weed”

3%

10%

20% -30%

1973

2008

2014 marijuana being sold in stores 47

Drive High – Get a DUI

• Data about drug involvement in fatals is incomplete

• Drug levels not noted in fatal collision data

• 34% increase in WSP lab cases (2012-2013)

• Appeared in 25% of WSP lab cases (2013); 19% 2012

• No breathalyzer for MJ• THC vs carboxy DUI

arrests down 29% from 2009-2013 49

Marijuana and Traffic Safety:

• Doubles your risk of a fatal crash

• Affects concentration, mental tracking, motor coordination, drowsiness

• People combine pot and alcohol (1 + 1 = 6)

• WA drug-involved fatal crashes are down

• DUI citations are down 50

Marijuana Regulatory Process• Liquor Control Board set up

regulatory system• Regulations govern growing,

processing, distribution, sales, pesticides, and testing of marijuana

• Stores started opening in July 2014

• 65 stores in operation• 334 producer/processor

licenses issued• Grow canopy covers 16

football fields• $134 million in tax revenue

2015-17 Biennium

51

52

53%61%

44%

56%

53%

71%

54%

54% 52% 60%

86

82

75

84

73

78 78

5658

47

0

10

20

30

40

50

60

70

80

90

100

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013*

Number of Drivers in Fatal Collisions Positive for Marijuana 2004-2013

Marijuana and Alcohol (Any BAC>0)

53

Drug Recognition Experts & Advanced Roadside Impaired Driving Enforcement

• 233 DREs statewide / ARIDE training delivered after year in field

54

PIREPacific Institute for Research & Evaluation

• Data collection June 2014 and January 2015

• Statewide sample

• Alcohol and drugs (75 types, with levels)

55

What Survey Sites Look Like:

56

Advance Warning Signs:

“PAID VOLUNTARY SURVEY”

57

58

59

Target Zero: Our Plan For The Future:

60

Darrin T. Grondel, DirectorWashington Traffic Safety Commission360-725-9899dgrondel@wtsc.wa.gov

61