MADD/NHTSA Cooperative Agreement National Law Enforcement Impaired Driving Summit Cooperative Agreement # DTNH2215H00478/0006 November 13‐15, 2018 Final Grant Report
Table of Contents
Grant Proposal Executive Summary
MADD Grant Proposal
MADD/NHTSA Executed Cooperative Agreement
Final Work Plan
Presentations and Presenters
Survey and Results
Final Financial Summary
I. Grant Proposal Executive Summary Since its founding in 1980, Mothers Against Drunk Driving (MADD) has been instrumental in helping reduce drunk driving incidents by over 50 percent. However, alcohol‐related traffic crashes are still the biggest contributor of traffic deaths accounting for over 10,000 deaths every year on our nation’s roadways. In 2015 and 2016, significant increases occurred in these deaths and the numbers are currently trending in the wrong direction. Drug‐impaired driving is an emerging public safety threat. Lack of documented crash data leaves the exact severity of this problem unknown. In 2015, MADD added drugged driving to its mission statement and developed a task force to address this emerging problem. Law enforcement represents the front line in reducing almost all types of traffic deaths. Because deaths are up across the country, it is imperative that the law enforcement community has support and has the tools needed to keep our roads and communities safe. The general public has become complacent to this public safety threat while law enforcement has dropped significantly in this area over the last 6 years. In 2016, 10,996 people lost their lives on our nation’s roadways due to drunk driving. This was a 3.4 percent increase from the 10,320 lives lost in 2015. This comes after a 3.6 increase in the 2015 alcohol related fatality numbers. Twenty‐nine percent of the 37,806 people killed in traffic crashes in 2016 were alcohol‐related with a driver’s BAC at .08 or higher. Impaired driving is a 100 percent preventable crime. As previously stated, drug‐impaired driving is an emerging threat and its exact severity is unknown. The opioid overdose crisis, the abuse of prescription drugs and the legalization of the recreational use of marijuana are all‐emerging as public safety threats across the country, especially on our nation’s roadways. The public and safety community needs to understand what new strategies law enforcement needs in order to better address this issue and to be reinvigorated to develop new strategies to fight all aspects of the impaired driving threat. Under a Cooperative Agreement Project with the National Highway Traffic Safety Administration (NHTSA), MADD brought together law enforcement executives from across the country to highlight and address the impaired driving problem. MADD convened a 2½ day National Law Enforcement Impaired Driving Summit in the Washington DC area on November 13‐15, 2018. Cooperative Agreement Project funding allowed for 75 law enforcement executives and 10 MADD Staff to participate. MADD and NHTSA collaborated in the development of the attendee list, agenda, and speakers. Additionally, subject matter experts were brought in to address all areas of the impaired driving problem. The following report documents the details of this MADD National Law Enforcement Impaired Driving Summit and the challenges and strategies discussed and developed by attendees. Also included are plans for convening small agency summits to develop regional plans and establish a renewed effort and mission to fight impaired driving and to increase strong traffic safety enforcement efforts and programs. II. MADD Grant Proposal MADD submitted its proposal to host a 2 ½ day National Law Enforcement Impaired Driving Summit for 75 Law Enforcement Officers and 10 MADD Staff and National Board members. The original proposal is attached to this report (see Appendix A).
III. MADD/NHTSA Executed Cooperative Agreement The finalized Executed Cooperative Agreement for the National Law Enforcement Impaired Driving Summit was signed and initiated on April 13, 2018. IV. Final Work Plan The Final Work Plan was submitted and approved on May 22, 2018. The Work Plan was executed and followed for the implementation and completion of the National Law Enforcement Impaired Driving Summit. The Final Work Plan is attached to this report (see Appendix B). V. Attendee List The National Law Enforcement Impaired Driving Summit was attended by 73 Law Enforcement officers, officials, or liaisons, 26 MADD staff National Board members, 10 NHTSA staff at various times. The 99 attendees, from 39 states total, represented Police Chiefs (17), Municipal (38); State Police Colonels (7), State Police (21); Sheriffs (4), Sheriff’s Departments (6); and Associational representatives from International Association of Chiefs of Police, National Sheriffs’ Association, American Association of Motor Vehicle Administrators, and Governors Highway Safety Association (8). The grant funded 83 of the attendees. An attendee list is attached to this report (see Appendix C). VI. Summit Agenda The National Law Enforcement Impaired Driving Summit Agenda is attached to this report (see Appendix D). VII. Presentations and Presenters The following remarks and presentations were given during the National Law Enforcement Impaired Driving Summit. Where appropriate, a brief overview of the presentation is given along with the name and title of the presenters. Tuesday, November 13, 2018 Opening and Welcoming Remarks – Opening and Welcoming Remarks were given by Ron Replogle, MADD National Law Enforcement Initiatives Manager and MADD/NHTSA Cooperative Agreement Project Manager; Michael Brown, Chief of Police, Alexandria, Virginia; Heidi King, NHTSA Deputy Administrator; and Vicki Knox, MADD Acting Chief Executive Officer. Remarks and MADD Mission Moment ‐ Colleen Sheehey‐Church, MADD National President. The Mission Moment is a MADD tradition and testimonial from a victim who has lost a loved one in an impaired driving crash or incident. Every MADD meeting/training event is initiated with a Mission Moment. Colleen lost her son Dustin in 2006 in a crash involving a driver who was impaired by both alcohol and drugs. Review of MADD’s Campaign to Eliminate Drunk Driving – JT Griffin, MADD Chief Government Affairs Officer, reviewed and reinforced all four tenants of MADD’s Campaign to Eliminate Drunk Driving, which was initiated in 2006. These tenants include: 1) Support Law Enforcement: Support high‐visibility law enforcement to catch drunk drivers and discourage others from driving drunk; 2) Ignition Interlocks for
all offenders: Require ignition interlock devices, or in‐car breathalyzers, for all drunk drivers, to prove they are sober before their vehicle can be operated; 3) Support for Advanced Technology: Support the development of technology to determine automatically whether or not the driver is above the legal limit of .08 with the car failing to operate if the driver is drunk; and 4) Public Support: It’s everybody’s responsibility to eliminate drunk driving. Re‐engage the public in the fight against impaired driving. Review of Previous MADD Law Enforcement Summit Report – Stephanie Manning, MADD Consultant, reviewed highlights from the report published in 2004, after MADD convened a Law Enforcement Leadership Summit to discuss increasing traffic safety enforcement efforts, including funding needs, training needs, etc., and ways MADD can help provide support to maximize efforts to reduce drunk driving crashes, injuries and fatalities. Though the cultural climate around enforcement was different 14 years ago, the goal of this Summit was similar to the current 2018 Summit: to listen to law enforcement leadership discussions and feedback to develop evidence‐based recommendations designed to increase traffic safety enforcement. The recommendations from the 2004 Summit were as follows: 1) Advocate increased general deterrence enforcement approaches that prevent death and injury, 2) Re‐ prioritization of prevention by law enforcement leadership, 3) Promote paid advertising to ensure highly publicized enforcement efforts, 4) Increase resources for effective enforcement, 5) Emphasize the need to train officers, and 6) Enhance system efficiency and effectiveness. The 2004 MADD Law Enforcement Summit Report is attached to this report (see Appendix H). NHTSA Updates and Crash Stats ‐ Chou‐Lin Chen, Director, NHTSA Office of Traffic Records and Analysis, reviewed FARS data, noting the downward trend over the last ten years in overall traffic fatalities, with the exception of the last two years, in which we are back up to the 37,000 range. Ten states accounted for 51% of total fatalities. NHTSA Law Enforcement Engagement Initiative Review – Keith Williams, NHTSA Chief, Enforcement and Justice Services Division, reviewed the results from the 2017 Regional Forums conducted which elicited feedback from law enforcement groups with regards to the complexity of law enforcement today and the increase in fatalities and the three unanimous issues emerging from those sessions: 1) Leadership, 2) Resources (Personnel, Training, Equipment), and 3) Operational Deployment. Action items were determined based on the forums, and then all ten NHTSA regions were tasked with conducting these forums; each came up with these same three issues. GHSA/HSO Interaction/LEL (Law Enforcement Liaison) Program ‐ Director Darrin Grondel, Washington Traffic Safety Commission and Chair of the GHSA spoke of the benefit in law enforcement collaborating with their Governor’s Highway Safety offices on funding, lobbying, and partnerships. Vern Betkey, GHSA LEL Program Coordinator, shared about the Law Enforcement Liaison Program, which began in 2012 to promote the programs, coordinate activities nationally, enhance communication through webinars, email broadcasts and newsletters, and provide training and professional development training, all to help influence action. There are 226 LELs across the country in 47 states, and law enforcement may find their liaison and contact through the website directory. American Association of Motor Vehicle Administrators (AAMVA) Law Enforcement Programs ‐ Brian Ursino, AAMVA Director of Law Enforcement, informed attendees of the Law Enforcement Services provided within AAMVA. One such relevant example is the development and release of their Ignition Interlock best practices guide which provides short and long‐term solutions to the challenges of ignition interlock reciprocity and more.
IACP State and Provincial Police Division ‐ Colonel Tracy Trott, Retired Tennessee Highway Patrol and Past Chair, spoke of effective methods in his tenure which resulted in more DUI arrests and tremendous success by all measures. These methods included 1) Establish DUI enforcement as a priority, 2) DUI Enforcement as a vital influence in career building, 3) Create competitive atmosphere for recognition in DUI enforcement, and 4) Increased training and equipment. Review of MADD’s Child Endangerment Expert Panel Report ‐ Ron Replogle reviewed the results from MADD’s Child Endangerment Expert Panel, a recent cooperative agreement project with NHTSA, which resulted in a published report with key updated recommendations. Leadership Panels and Successful Programs, Municipal Agencies, Sheriff Departments, State Police Agencies – Law Enforcement leadership present at the Summit shared best practices, successful programs, and proven strategies to enhance traffic enforcement. Each of these panels are detailed below. Chiefs Panel Deputy Chief Andy Hall, Fresno Police Department, California, reminded Summit attendees that you must train officers that they are saving lives through traffic safety. If the Chief believes it, the troops will believe it. He shared his program built on the premise that law abiding citizens should not have to pay for traffic enforcement, in which they implement an Abuser Tax to charge violators, so violators are essentially paying for their own enforcement. If an offender is caught drunk driving without a license or on a suspended license, their car is impounded and released only for a fee (plus the tow fee). If it’s a DUI, the price goes up. This money goes back into traffic enforcement and traffic education. As a result, his agency went from 22 officers to 42 officers in three months. As well, after a spike in crime in 2003, traffic units were deployed in high gang related crime areas, and then a neighborhood traffic unit was established. These activities, coupled with Bar Watches and Checkpoints, have resulted in a drastic reduction in criminal activity. Chief Hall summarized that traffic safety affects crime; effective traffic enforcement is a crime catching unit. You do not have to give up one to gain the other. Chief Danny Sharp, Oro Valley Police Department, Arizona, also correlated community safety to traffic safety. It begins with educating elected officials and the community on the importance of traffic safety as a component to community policing. His targeted enforcement programs have included High‐Visibility Enforcement (HiVE), in which he educated city council, the public, the media, and his police officers that they’re trying to reduce crashes; he asked officers to cite everything they see in those high risk areas. As a result of their training, awareness, high visibility, transparency, and outreach, they saw a 27% reduction in traffic crashes over the next three years. Chief Sharp emphasized the importance of explaining the “why” to all involved, especially to young officers. Chief Jimmy Perdue, North Richland Hills Police Department, Texas, represented IACP Mid‐Sized Agencies Division (with 50‐999 officers) at the Summit. Due to the ability of some mid‐sized agencies to accomplish things very quickly, with less bureaucracy, they can have an impact on the direction of law enforcement agencies around the world. Chief Perdue highlighted their No Refusal weekends, funded through a county grant, in which they opted to be one of the central locations for the blood draws and magistrations for more efficiency and engagement.
Chief Tom Clemons, Seward Police Department, Alaska, representing the State Association of Chiefs of Police (SACOP), emphasized the importance of this association and its mid‐year and annual meeting. Sheriffs Panel Sheriff John Whetsel (retired), NSA Traffic Safety Committee Chair, Oklahoma County, Oklahoma, talked about what any law enforcement agency can do to enforce traffic laws and save lives as a matter of life and death. He began a traffic safety unit and program that began with high‐visibility traffic enforcement and seat belt enforcement as well as many other operations, programs and campaigns. He emphasized that traffic safety requires leadership with a commitment to save lives and must involve the entire agency. Over 20 years, he saw the traffic crash rate decrease by 91% and crime rate by 92%; the only difference is they created a traffic safety unit. The theme continues: Traffic enforcement equals crime enforcement and reduction. Sheriff James Voutour, Niagara County Sheriff’s Office, New York, and Vice Chair National Sheriffs Association (NSA) Traffic Safety Committee shared a personal encounter early in his career, which resolved his commitment to traffic safety and impaired driving reduction. One of the challenges he noted in New York are the unpaid DUI fines, in millions across the state, which go uncollected, resulting in decreased money to fight drunk driving. Sheriff Paul Milbrath, Jefferson County, Wisconsin, talked about the challenges in Wisconsin where there is a rich history of alcohol, inextricably tied to every industry. Checkpoints are illegal and OWI stops are ticketed. After successfully lowering fatalities significantly by high‐visibility enforcement, they struggled to get traffic grants. Therefore, they had to enact creative strategies to overcome lack of funding, inability to do checkpoints, and the alcohol‐rich environment, such as “OWI Enforcement Zone” signage (without a checkpoint), utilizing social media, and working with unlikely partners, such as the Tavern League to enact Project Safe Ride through a state grant. Colonels Panel Colonel Gene Spaulding, Florida Highway Patrol, discussed critical steps taken by Florida Highway Patrol to enhance enforcement, including increasing DREs from 9 to 48 with the goal of 300 in the next 2 years; community outreach; impaired driving education, social media, and PSAs; troopers participating with the community in Walk Like MADD; and the Arrive Alive Campaign. Lt. Colonel Wayde Webb, Arizona Department of Public Safety, presented six priorities that should guide troopers in their daily mission and how trooper accountability through the 28‐day Captain’s report has helped increase measures across the board since established three and a half years ago. Colonel Mike Rapich, Utah Highway Patrol and Deputy Commissioner of DPS confirmed that the inverse trend discussed in the Summit is consistent in Utah‐‐DUI arrests are going down and fatalities and crashes are going up. Manpower shortages, opioid crises, wildfire crises, and stakeholders looking at resources to augment other issues may be partly to blame. In Utah, Colonel Rapich had to deploy 50 troopers to the homeless district and maintain a presence there, further pulling resources away from traffic safety. He addressed another common issue in which it is not uncommon for an officer to spend two to three hours on a DUI arrest, where he has identified how to utilize other resources (video, data collection, reports) to get the officers back out on the road. Every officer is required to complete ARIDE training in the first two years. Some successful efforts and collaborations include high‐visibility
enforcement and public outreach, tremendous media support for DUI enforcement efforts, mock DUI crashes in schools, aggressive DUI sentencing matrix (aggressive sanctions, interlock restriction, alcohol restriction), USAAV Coordinating Council (includes defense council, judges, MADD, politicians, etc.) that highly influences legislation, 24/7 Pilot Program for repeat offenders, and a wrong‐way driver statute. An emerging issue in Utah is the increase of drug related fatal crashes as medical marijuana was just passed on the ballot. In addition, Colonel Rapich reported that Utah was the first state to pass .05 legislation, which goes into effect at midnight on December 30, 2018. Colonel Dereck Stewart, Tennessee Highway Patrol provided an administrator’s perspective on impaired driving enforcement in which he has seen a paradigm shift. They first identified the problem by looking at the data and realizing they were not doing the things that save lives. Troopers didn’t know how many people died on their roadways. They elevated the issue to the Governor’s office and developed a public safety sub‐cabinet group, which had to report out on traffic fatalities. Enhanced data led to accountability, trainings, choosing trooper shifts based on DUI arrests, identifying when troopers were needed on the road to make arrests, and trooper recognition and incentives all helped move this paradigm shift. Results from this culture of change included an increased interest in enforcement, increased DUI arrests by 150%, decreased alcohol‐related fatalities by 15.3%, and Troopers motivated by seeing the fruits of their labor. MADD Meeting – MADD Staff and National Board members invited 31 Summit attendees to a separate dinner meeting, funded outside of the NHTSA grant, following the first day of the National Law Enforcement Impaired Driving Summit, representing a cross‐section of the overall Summit attendance based on expertise, associations, and partnership with MADD, for further discussion about how MADD can better collaborate with Law Enforcement and to invite ideas around a newly developing Law Enforcement Sub‐Committee within MADD’s National Board of Directors. The purpose of this sub‐ committee will be to extract timely information from law enforcement in order to tell MADD what law enforcement needs from it so MADD’s Board of Directors may make decisions accordingly; as well, this sub‐committee will provide for better law enforcement representation on MADD’s Board. Major issues and strategies discussed in this meeting are attached to this report as they support the overall goal of the Summit (see Appendix E). Wednesday, November 14, 2018 MADD Mission Moment ‐ Sergeant Don Egdorf, Houston Police Department encouraged attendees that you do not have to be a Chief to be a leader. His leadership is evident in the Houston Police Department through his DUI enforcement efforts. He challenged Summit attendees to do more training, get the department (Chiefs) more involved, recognize officers, purchase new equipment/tools, find ways to make the process easier, involve DWI officers in training others, provide education and awareness, and visiting legislators and making the issue personal for them. The issue is personal for Sergeant Egdorf, whose father (also law enforcement) was struck and injured by a drunk driver, and who has himself survived five drunk driving crashes while working to keep our roads safe. NHTSA/Joplin Project: Building Community Support for Impaired Driving Enforcement ‐ Jennifer Davidson, NHTSA Highway Safety Specialist, shared about NHTSA’s mission and the FARS data being discussed in the Summit. She invited Chief Matt Stewart, Joplin Police Department, to share about the
NHTSA cooperative project to get the community involved in enforcement efforts to foster community collaboration to enhance local acceptance of the enforcement of impaired driving laws and modify community norms to reject impaired driving deaths as acceptable. Initial surveys revealed that the Joplin community were generally unaware of the police department’s checkpoints or campaigns. They developed a coalition, started a social media campaign, utilizing a dedicated DWI unit, and in this 15‐ month campaign will continue with media releases, ads and PSAs pushed out through partner groups and hospitals, media ride alongs, and other education and awareness efforts. They hope to replicate this low‐cost project in other states based on the positive community involvement and feedback they have seen. Drug Evaluation and Classification Program (DEC) Update and Impaired Driving Programs Update: SFST, ARIDE, and DRE ‐ Kyle Clark, IACP DEC Program Regional Coordinator/Project Manager explained the history and continued importance of standard field sobriety tests (SFST) and law enforcement training. The training manual continues to be updated to reflect current science and incorporate emerging issues, such as drugged driving. IACP recommends all officers attend a refresher course. Jim Maisano, IACP DEC Program Regional Coordinator/Project Manager shared about the development of ARIDE as officers are making stops that involve drug impairment and they do not know how to process it. This advanced training is intended to bridge the gap between basic SFST and DRE‐trained officers. Chuck Hayes, IACP DEC Program Regional Coordinator/Project Manager presented information about the Drug Recognition Expert (DRE) program, the ultimate training for officers to become experts in drug detection and assist in impaired driving investigations. 50.5% of drug‐positive drivers were positive for two or more drugs; this represents a growing challenge in impaired driving enforcement and necessitates more officers to be trained as DREs. Recreational Marijuana Roundtable Panel in the First States ‐ Major Jeff Goodwin, Colorado State Patrol, warned of the progression toward legalized recreational marijuana, beginning with medical marijuana, then intense lobbying, and then recreational marijuana, always with the hard sell of how taxes will benefit education, highway safety, etc. For example, in 2017, marijuana sales in Colorado totaled $1.7 billion, with $265,127,003 in taxes collected. The legalization of recreational marijuana has presented several challenges to law enforcement, such as live marijuana plants (caregiver ownership and commerce transport), legal possession, and canine replacement (once marijuana is legalized, dogs trained to detect marijuana among other drugs cannot be utilized, necessitating a costly replacement of the former dogs with new ones). Enforcement strategies have included blood testing, a pilot program for oral fluid drug testing, modified internal policies to reflect the change in law, new and emerging technology, Summits, and new partnerships. Major Goodwin recommended that agencies likely to see the legalization of recreational marijuana in their states should ensure accurate data compilation for DUI/DUID arrests because the media will come asking for statistics on arrests and crashes related to alcohol, alcohol and marijuana, marijuana only, and marijuana and other drug combinations. In addition, the marijuana industry is sending consistent false messages, attempting to show that marijuana is not producing negative changes. Data show 42% of all arrests had some form of THC on board but it was missed because of the masking of alcohol; 71% had some form of substance on board. Chief Bob Ticer, Loveland, Colorado Police Department, informed attendees of some of the challenges faced in Colorado due to the legalization of medical and recreational marijuana. Challenges such as
continuous updates to changing laws, questions surrounding what is legal and what is not, liability for seizures of “legal marijuana”, dealing with tourists who end up in emergency rooms, search and seizure drug sniffs (recommend not training canines to sniff marijuana due to the possibility of legalization, rendering those dogs useless), Carroll Doctrine, street dealers and taxation, prosecution issues, and motivation of law enforcement to enforce. Chief Ticer also highlighted strategies utilized to meet the challenges, including traffic safety law recommendations, ARIDE training post Academy, deployment of Data‐Driven Approaches to Crime and Traffic Safety (DDACTS), development of a state agency Marijuana Enforcement Division, building partnerships with the industry for the Colorado Task Force on Drug and Impaired Driving, and influencing communities to opt out of licensed medical and recreational businesses. A positive outcome has come through the proactive solution of training more officers in ARIDE; this training is made possible by marijuana tax dollars. Assistant Chief, Jeff Sass, Washington State Patrol, recalled that in Washington, fatal crashes due to alcohol continue to decrease, but fatal crashes due to drugs have increased. Therefore, they require all officers in their district to be trained in ARIDE. As a result, drug arrests have increased and alcohol to drug arrest ratio has decreased. A challenge remains in that DUI processing with blood draws has increased by an hour over the last decade while processing DUIs without blood draws only 26 minutes. Further, since legalization of marijuana, DUI/DRE cases have significantly increased. Toxicology turnaround time has significantly increased as the impact of legalization of marijuana has significantly impacted state toxicology, which now tests for marijuana, alcohol, and seven other drugs. Darrin Grondel, Director Washington Traffic Safety Commission, shared about State Highway Safety Office grant funds available and about the Washington Traffic Safety Council which is funded primarily by two federal grants. He presented the statistics in Washington that concur with the upward trend in traffic fatalities, with impairment involved in 50% of them. As the legalization of marijuana approached, they did not have robust data on hand to combat arguments for legalization, and he encouraged attendees to gather this data before the legislation comes to their state. One data point that they have captured as a result of marijuana legalization is the increase in daytime impaired drivers, and this is necessitating more daytime resources for DUI/DUID stops. Grondel also explained the rise in THC levels, and how marijuana use doubles crash risk as a result. Poly‐drug driving is also rising; however, the most prevalent drugs found in arrests are still alcohol and marijuana. As other presenters also mentioned, traffic enforcement can help reduce crime; Grondel shared that speeding was the #1 reason for the traffic stops that resulted in intoxicated driving arrests. They are in the process of developing an electronic DUI packet, and electronic search warrants, and they have over 30 officers who are now phlebotomists. But the increase in blood draws has taken a toll on toxicology labs and increased wait time. Captain Teresa Bloom, Oregon State Police, oversees the DRE and DUI program in Oregon. She also commented on how marijuana has impacted the police K9 unit, and the amount of marijuana being carried across the border. She advised that when the marijuana legislation comes to other states, beware that the cash flow promised through percentage of tax revenue will be slow coming. Lieutenant Mike Iwai, also Oregon State Police, presented some challenges and recommendations based on his experience in Oregon with legalized recreational marijuana, including keeping an accurate numerical value for the number of DUI drug arrests; ordering toxicological exams on all DUI offenders— vehicle crashes and impaired driving arrests (even if the BAC is over the statutory level of .08); all DUI
toxicological results must be timely and made available to law enforcement and stored by one primary agency; DREs must be notified and respond to all DUI drug requests where the BAC is below .08 percent; and a robust and accessible DUII database. Dave Pinsker, MADD State Executive Director and Larry Coggins MADD West Central Florida Executive Director presented to the Summit attendees a survey they conducted to find out why DUI arrests are down. It was designed by their impaired driving coalition as a one‐page survey with six pre‐populated answers to choose from and an “other” category. Responses were collected over 3 months, and they received 1,890 surveys (totaling 5% of Florida law enforcement). The majority of respondents (71%) indicated “other” as the problem with DUI enforcement. These responses were sifted into 15 different reasons why respondents thought DUI enforcement is down (the top 10 listed here): 1. Too much work for a misdemeanor (614 respondents) 2. Lack of training for patrol level (265)
3. Easier to call a cab (136) 4. ASAs are inadequate (131) 5. FDOT overtime funding gone (118) 6. Uber/Lyft being used (117) 7. Body cameras reduce proactive work (71)
8. New work force is lazy (64) 9. Too much time off road (56) 10. Fewer DUI Units in Florida (45)
Thursday, November 15, 2018 MADD Programs Update – Kim Morris, MADD National Senior Director of Programs, provided an update of MADD programs and services, in particular those that support and impact law enforcement, such as MADD Victim Impact Panels, Victim Services, Letters from MADD for line of duty deaths, Court Monitoring, Roll Call Briefings, Sobriety Checkpoints, and Law Enforcement Recognition Events. MADD Mission Moment ‐ Sheriff John Whetsel (retired), Oklahoma County, Oklahoma, and National Sheriff’s Association Traffic Safety Committee Chair, gave an impactful presentation “Dancing in the Rain” about a suspected drunk driving high‐speed pursuit that resulted in the tragic crash that killed his wife and daughter, injuring his second daughter. IACP Highway Safety Committee Report ‐ Chief Danny Sharp, Oro Valley, Arizona Police Department, IACP Highway Safety Committee Chair provided update on projects to reenergize and reengage law enforcement, such as videos, training for executives on traffic and enforcement, helping legislators understand the barriers to effective enforcement, supporting e‐warrants for blood draws, and recognizing law enforcement officers. National Sheriffs’ Association Traffic Safety Committee Report ‐ Sheriff John Whetsel (retired), National Sheriffs’ Association Traffic Safety Committee Chair, provided information on traffic safety resources through the National Sheriffs’ Association, such as informational resources, model policies, model legislation, and awards as well as specific projects, such as free ARIDE training at the NSA Conference, DDACTS, coordinating efforts with Sheriffs in high fatality areas, partnership with Lyft, and others.
Traffic Safety Resource Prosecutor (TSRP) Program ‐ Jared Olsen, Idaho TSRP, Ken Stecker, Michigan TSRP, spoke of the evolution of the TSRP Program; the TSRP’s role within law enforcement and the significant connection between them; information on resources such as Traffic Tuesday webinars, quarterly newsletters, statewide publications; training manuals, such as the DWI Prosecutor’s Handbook; programs such as the Cross‐Examination for Prosecutors; and the need to empower prosecutors and officers in the courtroom through training. Closing Remarks – Ron Replogle drew the Summit to a close with thanks to NHTSA and to the law enforcement present and MADD’s hopes of effecting positive change in traffic enforcement as a result with the goal of no more victims. Ron highlighted MADD’s plans on upcoming projects to develop a Roll Call Briefing video as well as to drill this Summit down to recommendations that will be presented and discussed in 10 meetings, one in each of the NHTSA regions. Skip Carter Deputy Commissioner (retired) of the California Highway Patrol and MADD National Board member closed the Summit emphasizing MADD’s commitment to Law Enforcement, demonstrated in the sub‐committee being formed in which he will Chair. He encouraged law enforcement officers to keep up the fight and have confidence that MADD will support them. VIII. Conclusions a. Major issues facing law enforcement with respect to impaired driving During the Summit, law enforcement attendees were asked to share the issues they are facing in their agencies and states that may be contributing to the rise in DUI‐related crash fatalities and decline in arrests. These answers were compiled into a list to be utilized in subsequent roundtable discussions. The top issues discussed were combined based on overlap of issues (for example, lack of funding created several other barriers) and are listed here while the full list of issues cited are attached to this report (see Appendix F):
1. Leadership : Law enforcement leadership at the Summit all believe in strong traffic enforcement but were quick to note that many of their peers have other priorities. Issues like the “Ferguson Effect,” fewer officers and not enough manpower, and a surge in other crimes are reasons why traffic enforcement has steadily declined. Chiefs may lose their job over homicides but not over traffic enforcement, although traffic fatalities far exceed homicides. Leaders at the Summit spent substantial time talking about the lack of leadership or leadership priorities in the area of traffic enforcement. 2. Funding: Many of the barriers to better traffic enforcement discussed could be addressed with more funding, particularly in areas of more manpower, overtime, assistance for toxicology labs to decrease wait time, sobriety checkpoints, and training. 3. Training : Several issues that were presented could be traced back to a lack of experience among officers in the area of impaired driving enforcement or lack of training, one of the biggest barriers discussed. This issue also ties back to funding, as it is a challenge to fulfill the dual needs of officer training and maintaining enforcement on the streets. 4. Motivation : A major barrier that was addressed from several angles was lack of motivation among officers to make impaired driving arrests. This is due to a
lack of community support and lack of effective prosecution for impaired driving. b. Recommendations by law enforcement as to how MADD could best support their efforts to overcome these obstacles Law Enforcement and MADD attendees divided into four break‐out groups, separated by NHTSA Regions, in order to discuss the compiled challenges and barriers to impaired driving enforcement and to develop new strategies and implementation plans for law enforcement to re‐establish strong enforcement around impaired driving. Specifically requested were ideas for particular ways MADD might support these efforts. The break‐ out groups were comprised of 1) NHTSA Regions 1, 2, and 3; 2) NHTSA Regions 4 and 6; 3) NHTSA Regions 5 and 7; and 4) NHTSA Regions 8, 9, and 10. Though an extensive list of issues was generated through discussion, attendees made recommendations in four general areas, which addressed quite a few of these issues: 1. Leadership : This is an area that law enforcement leadership identified as one where MADD can help. It was recommended that MADD utilize partnerships with law enforcement to hold meetings with police chiefs as well as city council, city managers, commissioners, and mayors to educate them on the importance of traffic safety and impaired driving as a higher priority and encourage them to take a proactive approach. MADD can utilize powerful victim stories to play an important role in promoting traffic enforcement by helping officers make the connection to why they are making these arrests. Chiefs and other law enforcement leadership need to be educated on the direct relationship between traffic enforcement and crime reduction. They may be allocating staffing to other crime reduction that could be used for traffic enforcement that will also stop other crimes (see DDACTS recommendation later on in this report). MADD can play a key role in educating them on this proactive approach that saves lives. Attending IACP and NSA meetings should remain paramount to MADD as they keep this message front and center to law enforcement leadership. In addition to top level law enforcement leadership, patrol officers also need to be educated and trained. The Chief may tell them to make DUI arrests, but they have to believe in this mission. Oftentimes they do not because either they do not know how to make the arrest, they think the impaired driving task force is handling it, or the process of arresting. All patrol officers should be involved in making impaired driving arrests, not just those on the task force. A MADD Roll Call Briefing Video could bring this message to patrol officers, perhaps through the Academy as well. Further, MADD could present to new Chiefs or Sheriffs and allow victims to share their stories, to inspire them from the start. Similarly, MADD should present in first line supervision courses to train Sergeants. A good Sergeant has the ability to affect and influence other officers for their entire career. Finally, MADD can share stories and information to inspire all law enforcement agencies, such as shared at this Summit, showing how determined leadership can change the focus of an agency with proven effectiveness.
MADD could reach out to Police Chiefs’ and Sheriffs’ Associations and ask three questions: 1) How can we be a voice for something you cannot say?, 2) How can we be a voice for something you want emphasized?, and 3) How can we be a voice for something that needs to be said? Law enforcement leadership at the Summit called on each other to make tough decisions in order to enhance traffic enforcement. For example, direct duties to fit skill levels. Typically younger officers work nights but have the least training in impaired driving arrests and courtrooms, and this may necessitate an unpopular but necessary change. Younger officers may even need courtroom training to embolden them to follow through with impaired driving arrests. Law enforcement leadership must find ways to motivate their officers to enforce traffic safety laws. See the recommendation on motivation for strategies discussed. 2. Funding: Some agencies provided creative examples of how they obtained more funding for traffic enforcement when they were given none. But most agencies ran up against the barrier of funding in at least one area. First, there is a need for more crime labs to reduce the backlog of testing for blood alcohol and drug use. One major reason that drug impaired driving is so difficult to prove in court is that the labs are severely behind in testing blood for drugs. More funding for these labs could help expedite these cases. In the Pacific Northwest, they are looking into regionalizing toxicology to help with the response times, but this requires additional funding. As well, more funding could be utilized for possibly new criminalists for crime labs to address the backlog. DUI task force grants are helpful, but flexibility is needed to allow agencies to backfill for training. Additional recommendations included paying those who participate in a checkpoint and not locking people in to 6pm to 6am. Smaller agencies need flexibility the most. Also within that funding, discourage any measure that would make it difficult to execute checkpoints, such as having a certain number of impaired driving arrests per shift. More officers are needed nearly everywhere and additional funding to hire these officers is critical. Some Chiefs have the money to send officers to training but not enough to back fund their position. It was recommended to seek state funding to pay officers overtime in order to backfill for training. DRE training creates a manpower issue on a department during training; it was recommended that agencies request state funding through the State agency to cover the back flow.
3. Training : The Summit attendees talked about training options for recognizing impairment. They unanimously believed that Standardized Field Sobriety Testing (SFST) is critical training for all officers. This is something taught at academy, but usually as part of a broader agenda, so it would benefit all officers to receive a refresher course periodically. The Drug Recognition Expert (DRE) Program is a highly specialized training course for officers that gives them the ability to determine impairment (normally not done roadside but after the arrest and in a facility). This program has long been touted as the gold standard for officers in order to make drugged driving arrests. An intermediate step between the DRE and SFST programs is the Advanced Roadside Impaired Driving Enforcement (ARIDE) program. ARIDE training is less intense and takes less time to complete. It is designed to alert officers that drug impairment may be present and that a DRE trained officer should be called to examine the offender in more detail. MADD has previously recommended that all enforcement officers be trained in ARIDE, and many agencies are doing this. DRE training is difficult for some agencies because the training is very intensive, and an agency short on officers would struggle to send officers to the training. In addition, officers are lost to attrition. Several recommendations included DRE trained officers providing ARIDE training and reducing ARIDE training to one day. It was also recommended that MADD help support law enforcement in the area of training, which would require funding; as well, law enforcement could utilize MADD victims during training sessions to reinforce the importance of strong enforcement. 4. Motivation : Many creative strategies were suggested that would bolster community support to change public perception around impaired driving, in turn helping officers feel more supported in their enforcement efforts; and that would help the judicial system see the importance and critical nature of impaired driving arrests and respond accordingly. One area of public perception to target is the idea that drunk driving, or impaired driving for that matter, is a fixed issue. Or that ridesharing has fixed it. Though ridesharing is a critical tool in keeping impaired drivers from driving, it has not solved the issue, and millennials in particular are susceptible to this belief as the target group for rideshare promotions. Garnering community support and changing public perception involves MADD and law enforcement educating the public through the media; utilizing media outlets and drawing traffic and crime reporters in with a compelling message and asking for their support to put our message out there—that safety involves being able to drive or walk without worrying about an impaired
driver. Advise media when checkpoints will be held. Use major league players or star power to help get more coverage with a traffic safety message or awareness. Public perception does not easily sway with statistics. It is important to put a face to a crime and help the public as well as law enforcement officers see the reality of impaired driving through the lens of its victims. These visuals can be accomplished in a number of ways: dedicate checkpoints to victims; park crashed cars in police or school lots; pair a law enforcement officer with a victim to share the story of their crash; and incorporate victim stories into roll call briefings. MADD could develop a powerful media campaign with images of victims and the families of those who lost them; emphasize drunk driving as murder and a crime, not an accident. Create a generation that will see drunk driving as totally unacceptable, and help the public realize the real scope of 11,000 lives a year and how much that eclipses other issues that are perceived as major issues. We cannot expect from the public what we do not believe or do ourselves; this was a difficult message expressed by some law enforcement leaders at the Summit who have had to hold their own officers accountable for drunk driving. Good behavior must begin with the agency and impaired driving should not be tolerated. When drug impaired driving cases are dismissed or pled down, officers often become discouraged, which impacts their motivation in making impaired driving arrests. One way to combat this issue is to change judicial perspective as well—by educating and training prosecutors and judges in the DRE program. MADD could: Meet with state attorneys and let them know how important the issue is. Push for dedicated misdemeanor DUI prosecutors and ask that that position is not always a new prosecutor who gets promoted up after they become successful. MADD’s Court Monitoring program can help change the overall judicial culture around impaired driving by holding the system accountable. MADD currently has court monitors in 13 states and would like to see the program expand. Many officers praised the program and the results it was producing in the court system. They recommended MADD publicize report cards for judges and prosecutors for further accountability. Moreover, motivation can often be bolstered through simple recognition. MADD holds a Law Enforcement Recognition program in many areas across the nation, but law enforcement leadership should find additional ways to
recognize officers’ efforts; young officers in particular thrive on recognition. Recognition might come through awards, being called out among peers, new equipment, gaining leadership opportunities, and friendlier schedules. Other ways to motivate officers that were suggested include providing them with MADD’s Death Notification training, sending a MADD representative into Academy or Cadet trainings, involving MADD in roll call briefings and dedicating roll call briefings to a different victim each time, and showing them that the Chief or Sheriff still makes an occasional impaired driving arrest. One law enforcement leader at the Summit shared that after hearing Sheriff Whetsel’s story at the Summit, he has decided to start an Officer of the Month for traffic safety in his agency and recommended that others utilize a similar motivational approach. c. Additional recommendations and observations A few recommendations and observations were made throughout the Summit that did not particularly tie back to a specific barrier to traffic enforcement, but was rather a suggestion to enhance traffic enforcement and MADD’s support overall: 1. A recommendation was made for MADD to compile best practices containing information on what MADD is doing to support law enforcement in all states. This document would benefit both MADD and law enforcement as they seek support from each other to achieve common goals. For example, it could be informative as to where to successfully obtain funding for necessary resources or programs, provide ideas for more collaboration at sobriety checkpoints, or show examples of how MADD, officers, and victims can come together to successfully influence legislators. 2. Data‐Driven Approaches to Crime and Traffic Safety (DDACTS) is a data‐driven way to combine traffic safety and more traditional policing. The program integrates location‐based crime and traffic crash data to determine the most effective methods for deploying law enforcement and other resources. Drawing on the deterrent value of highly visible traffic enforcement and the knowledge that crimes often involve motor vehicles, the goal of DDACTS is to reduce crime, crashes, and traffic violations across the country. Law enforcement likes the program because it targets more traditional types of “serious” crime and at the same time catches traffic offenders. It is a win‐win. This is a program that MADD could aggressively push at the local level by partnering with law enforcement officers who are experts in the program and help to spread the program throughout the country. From a federal perspective, this could be a program to build in the next highway bill. 3. Several themes emerged through the Summit and are noteworthy in that they were persistent throughout the remarks, presentations, challenges, and solutions discussed. These themes are as follows: a. Impairment is impairment is impairment. Whether drugs or alcohol, the type of impairment does not matter. Officers need tools to recognize impairment and resources to keep impaired drivers off the roadways.
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