The Case for Increased Efforts to Stop Driving Under the Influence of Alcohol and Drugs

The Need for Renewed Commitment to Stop Drunk Driving
Drunk driving fatalities have increased for three years in a row, after a decade of declining rates. A total of 236 more people died on the road in California in 2001 than did in 1998. Felony drunk driving arrests have increased for two years after a similar decline. Drunk drivers kill someone every eight hours in California-leaving families devastated and communities threatened. Nearly 180,000 people were arrested for driving under the influence of drugs or alcohol in 2001, including 25% who were repeat offenders, highlighting the need to make accountable those individuals and families who continue to suffer from alcohol and drug abuse.

Driving under the influence of alcohol and drugs continues to be a significant threat to public health and safety. Despite significant progress in reducing incidents of DUI, repeat offenders who refuse to stop driving after sanctions by the courts threaten the public with reckless behavior. Several recent examples highlight the need for continued attention:

• In October 2003, Jimena Barreto was arrested for killing two children, Troy and Alana Pack of Danville, with her car. She had been arrested for driving under the influence four times in the last 13 years and was convicted of drunk and disorderly conduct last year. Her license has been suspended numerous times, her insurance was cancelled, and yet she continued to drive.

• In March 2001, Lyle Norbert was arrested for murder after he led police on a high-speed chase and smashed into a car. He had been arrested for drunk driving four times and his license had been suspended 6 times.

• In April 2001, Rodney Lee Stuart, a repeat deadly driver, who had 30 traffic violations, had been convicted of driving on a suspended license 19 times, and who had killed someone in Contra Costa County in 1997 in a hit-and-run, was back on the road after serving limited jail time.

Public Health and Safety Demands Comprehensive Approach
Combined use of fines, jail, assessment, treatment, ignition interlock devices, education, and drivers license suspensions, makes drivers accountable and allows for progress to reduce the incidents of impaired driving. The Department of Motor Vehicles concludes in the 2000 annual DUI statistical report that, "Alcohol treatment, in conjunction with license restriction, continued to be the most effective post-conviction sanction in reducing subsequent DUI incidents among DUI offenders."

The State's Little Hoover Commission reported in March 2003 that the benefits of alcohol and other drug treatment outweigh the costs to taxpayers by a ratio of 7 to 1. Funding for treatment is currently inadequate and many violators are unable to pay for treatment.

Legislative Achievements By Senator Torlakson
Senator Torlakson has worked each year in his legislative tenure to bring accountability and improve the effectiveness of the state's effort to reduce driver under the influence of drugs and alcohol. Education, treatment and sanctions all work together, giving law enforcement, the courts, treatment providers and educators the tools they need in this critical effort. The following bills have been signed into law:

AB 762 - Chapter 756, Statutes of 1998
Extends drivers license suspensions for DUI to 2 years for 2nd offenders, but allows earlier reinstatement with proof of treatment and with the installation of an ignition interlock device (IID). Requires IID installation for all who drive on suspended licenses, when suspended for DUI.

AB 1916 of 1998 - Chapter 656, Statutes of 1998
Requires courts to order minimum hours of education and counseling for DUI. Heightened blood/alcohol (BAC) levels require more hours of education and counseling. Requires courts to order repeat offenders who drop out of treatment to be "assessed" for drug and alcohol dependency.

AB 803 - Chapter 1063, Statutes of 2000
Requires courts to order minor DUI violators to attend education and counseling.

AB 2227 - Chapter 1064, Statutes of 2000
Requires courts to order IID installation for "plea downs" from driving on a suspended license that was suspended for DUI. Also ensures that county drug and alcohol administrators receive funds to develop "assessment programs."

SB 776 - Chapter 857 Statutes of 2001
Requires the Director of the Department of Motor Vehicles to report by July 1, 2002 to the Legislature any recommendations to improve programs to reduce DUI recidivism.

SB 408 - Chapter 254 Statutes of 2003
Limits a minor's eligibility to apply only one time for a "critical need" restricted driver's license to when his or her driving privilege has been suspended for a DUI violation.

New Proposals For Improved Public Safety
With recent increases in felony DUI arrests and fatalities, there is a need for increased efforts to apprehend violators, assess treatment needs, and make them accountable for their actions.

Stop the Cycle of Repeat Offenders and Dangerous Drivers
Repeat drunk drivers need to be held accountable for all related behavior. Violators need to be held accountable for cumulative records of dangerous behavior, eliminating the expiration of time limits on records (known as washouts) when other dangerous driving violations occur, such as reckless driving, driving with suspended licenses or without insurance, and for related drug and alcohol crimes. The courts should require assessment, treatment and increased sanctions.

Ensure that Nannies and other Caregivers Provide Driving Record to Parents
Parents should have access to the driving records for employees who are driving their children. Nannies and other caregivers should be required to provide driving records to employers to prove clean driving records.

Help Law Enforcement Get Highly Dangerous Drivers Off the Road
Dangerous drivers who are "slipping through the cracks" and driving in our communities with multiple violations, dangerous behavior, and suspended licenses lead to tragic consequences. Special enforcement and detection programs should be adequately funded to ensure that these high-risk drivers are taken off the road.

Consolidate Drivers License Revocation and Suspension
Assign the responsibility for drivers license suspensions and revocations to the Department of Motor Vehicles. Current law gives responsibility to both the Department and the courts, which creates confusion over the requirements and responsibilities on this sanction with violators. Consolidation would place adjudication entirely with the courts and allow time for other sanctions and orders for treatment.

Ensure that Violators with Suspended Licenses Don't Drive
Let's build a "firewall" between drivers with suspended licenses and all vehicles. People who lend cars or allow DUI violators to drive must be held accountable for these reckless decisions.

THE CASE FOR INCREASED EFFORTS TO STOP DRIVING UNDER THE INFLUENCE OF ALCOHOL AND DRUGS
back		The Need for Renewed Commitment to Stop Drunk Driving Drunk driving fatalities have increased for three years in a row, after a decade of declining rates. A total of 236 more people died on the road in California in 2001 than did in 1998. Felony drunk driving arrests have increased for two years after a similar decline. Drunk drivers kill someone every eight hours in California-leaving families devastated and communities threatened. Nearly 180,000 people were arrested for driving under the influence of drugs or alcohol in 2001, including 25% who were repeat offenders, highlighting the need to make accountable those individuals and families who continue to suffer from alcohol and drug abuse. Driving under the influence of alcohol and drugs continues to be a significant threat to public health and safety. Despite significant progress in reducing incidents of DUI, repeat offenders who refuse to stop driving after sanctions by the courts threaten the public with reckless behavior. Several recent examples highlight the need for continued attention: • In October 2003, Jimena Barreto was arrested for killing two children, Troy and Alana Pack of Danville, with her car. She had been arrested for driving under the influence four times in the last 13 years and was convicted of drunk and disorderly conduct last year. Her license has been suspended numerous times, her insurance was cancelled, and yet she continued to drive. • In March 2001, Lyle Norbert was arrested for murder after he led police on a high-speed chase and smashed into a car. He had been arrested for drunk driving four times and his license had been suspended 6 times. • In April 2001, Rodney Lee Stuart, a repeat deadly driver, who had 30 traffic violations, had been convicted of driving on a suspended license 19 times, and who had killed someone in Contra Costa County in 1997 in a hit-and-run, was back on the road after serving limited jail time. Public Health and Safety Demands Comprehensive Approach Combined use of fines, jail, assessment, treatment, ignition interlock devices, education, and drivers license suspensions, makes drivers accountable and allows for progress to reduce the incidents of impaired driving. The Department of Motor Vehicles concludes in the 2000 annual DUI statistical report that, "Alcohol treatment, in conjunction with license restriction, continued to be the most effective post-conviction sanction in reducing subsequent DUI incidents among DUI offenders." The State's Little Hoover Commission reported in March 2003 that the benefits of alcohol and other drug treatment outweigh the costs to taxpayers by a ratio of 7 to 1. Funding for treatment is currently inadequate and many violators are unable to pay for treatment. Legislative Achievements By Senator Torlakson Senator Torlakson has worked each year in his legislative tenure to bring accountability and improve the effectiveness of the state's effort to reduce driver under the influence of drugs and alcohol. Education, treatment and sanctions all work together, giving law enforcement, the courts, treatment providers and educators the tools they need in this critical effort. The following bills have been signed into law: AB 762 - Chapter 756, Statutes of 1998 Extends drivers license suspensions for DUI to 2 years for 2nd offenders, but allows earlier reinstatement with proof of treatment and with the installation of an ignition interlock device (IID). Requires IID installation for all who drive on suspended licenses, when suspended for DUI. AB 1916 of 1998 - Chapter 656, Statutes of 1998 Requires courts to order minimum hours of education and counseling for DUI. Heightened blood/alcohol (BAC) levels require more hours of education and counseling. Requires courts to order repeat offenders who drop out of treatment to be "assessed" for drug and alcohol dependency. AB 803 - Chapter 1063, Statutes of 2000 Requires courts to order minor DUI violators to attend education and counseling. AB 2227 - Chapter 1064, Statutes of 2000 Requires courts to order IID installation for "plea downs" from driving on a suspended license that was suspended for DUI. Also ensures that county drug and alcohol administrators receive funds to develop "assessment programs." SB 776 - Chapter 857 Statutes of 2001 Requires the Director of the Department of Motor Vehicles to report by July 1, 2002 to the Legislature any recommendations to improve programs to reduce DUI recidivism. SB 408 - Chapter 254 Statutes of 2003 Limits a minor's eligibility to apply only one time for a "critical need" restricted driver's license to when his or her driving privilege has been suspended for a DUI violation. New Proposals For Improved Public Safety With recent increases in felony DUI arrests and fatalities, there is a need for increased efforts to apprehend violators, assess treatment needs, and make them accountable for their actions. Stop the Cycle of Repeat Offenders and Dangerous Drivers Repeat drunk drivers need to be held accountable for all related behavior. Violators need to be held accountable for cumulative records of dangerous behavior, eliminating the expiration of time limits on records (known as washouts) when other dangerous driving violations occur, such as reckless driving, driving with suspended licenses or without insurance, and for related drug and alcohol crimes. The courts should require assessment, treatment and increased sanctions. Ensure that Nannies and other Caregivers Provide Driving Record to Parents Parents should have access to the driving records for employees who are driving their children. Nannies and other caregivers should be required to provide driving records to employers to prove clean driving records. Help Law Enforcement Get Highly Dangerous Drivers Off the Road Dangerous drivers who are "slipping through the cracks" and driving in our communities with multiple violations, dangerous behavior, and suspended licenses lead to tragic consequences. Special enforcement and detection programs should be adequately funded to ensure that these high-risk drivers are taken off the road. Consolidate Drivers License Revocation and Suspension Assign the responsibility for drivers license suspensions and revocations to the Department of Motor Vehicles. Current law gives responsibility to both the Department and the courts, which creates confusion over the requirements and responsibilities on this sanction with violators. Consolidation would place adjudication entirely with the courts and allow time for other sanctions and orders for treatment. Ensure that Violators with Suspended Licenses Don't Drive Let's build a "firewall" between drivers with suspended licenses and all vehicles. People who lend cars or allow DUI violators to drive must be held accountable for these reckless decisions.