DUI prosecution is not prioritized and supported, too few judges taking the full ownership necessary to treat DUI seriously, and too little DUI training for officers and judges. We call for change in the following areas: • Overhaul the state’s DUI statutes with an eye toward simplification and eliminating loopholes that are more about helping offenders escape justice than protecting the rights of the accused. Every statute should be viewed from the perspective of whether it is aiding public safety or contributing to our state’s terrible impaired driving statistics. Areas to focus should include the statutes around the dash cam recording, blood draws, and breath test refusal penalties. • Expand the newly passed ignition interlock law to include a requirement for IID installation to get a Temporary Alcohol License after a refusal suspension. • Improve resources for prosecution in areas that currently offer little support in that area. Improved conviction rates are likely possible when there is commitment and resources put toward impaired driving cases as evidenced by our data. This could look like ensuring no officers are prosecuting their own cases, policies exist to prevent overly frequent plea deals, trying cases in front of a jury, and coordinating with the courts for focused DUI weeks. • Intentionally foster healthy relationships between prosecution and law enforcement. This can significantly boost DUI conviction rates by facilitating seamless coordination and communication during investigations and court proceedings. When prosecutors and law enforcement collaborate effectively, they can present compelling cases, navigate legal complexities, and ensure that all relevant evidence is effectively utilized to secure convictions. • Support law enforcement officers and prosecutors in attending administrative hearings for individuals who refuse to take a breath test. When officers are present and ready to justify the six-month license suspension for the arrestee and have prosecution support, they uphold accountability. Additionally, this presence can lead to other advantages, such as individuals opting to plead guilty to DUI charges in exchange for avoiding the suspension. • Encourage judges to take responsibility for the procedural norms in their courtrooms regarding DUI cases and acknowledge how delays caused by the defense can affect the chances of a conviction. It is also important for judges to balance protecting the rights of defendants representing themselves (pro se) without overstepping by rejecting guilty pleas or offering legal advice. • Enhance training for officers in the meticulous handling of DUI arrests, as errors by officers in these complex cases can jeopardize potential convictions. Additionally, measures should be implemented to boost motivation among officers to conduct thorough investigations.
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