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Governor Warner Receives Recommendations from DUI/BUI Task ForceRICHMOND — Governor Mark R. Warner today received the report and five legislative recommendations issued by the Governor’s Task Force to Combat Driving Under the Influence of Drugs and Alcohol, including initiatives that address high-risk populations such as underage drinkers and repeat DUI offenders. The Governor appointed the 42-member panel in August 2002 to assess current efforts in combating driving and boating under the influence and to recommend new strategies. The Task Force proposals will be reviewed for possible administrative action or inclusion in the Governor’s 2004 legislative package.
“Alcohol-related crashes are not accidents. These crashes can be prevented,” Governor Warner said. “In 2002, 375 fatalities occurred in Virginia as a result of 11,788 drunk driving crashes -- the highest number of fatalities since 1994. So we must redouble our efforts to reach all Virginians with the idea that drinking and driving is not acceptable.”
Governor Warner released the 2003 Governor’s Task Force report at a news conference at the Henrico County Jail, where he also announced the Checkpoint Strikeforce sobriety checkpoint and public awareness campaign. Stepped-up deployment of sobriety checkpoints and enhanced public education campaigns are among the Task Force’s recommendations.
Supported by a National Highway Traffic Safety Administration (NHTSA) grant through the Virginia Department of Motor Vehicles to the Washington Regional Alcohol Program, Checkpoint Strikeforce is a highly focused, zero-tolerance law enforcement effort to catch and arrest drunk drivers through use of sobriety checkpoints. Studies show that sobriety checkpoints can reduce alcohol-related crashes by as much as 20 percent.
“Because sobriety checkpoints and public education are among the most effective ways to combat drunk driving, I could not be a stronger supporter of the Checkpoint Strikeforce campaign,” Governor Warner said.
In 1983, then-Governor Chuck Robb established a commission that examined drinking and driving issues in the state and made a series of recommendations. Virginia Attorney General Mary Sue Terry led an update of the work of this commission on its ten-year anniversary in 1993.
Governor Warner’s Task Force, which included state lawmakers, judges, law enforcement officials, and leaders of industry, insurance, and the drunk driving prevention effort, was co-chaired by Secretary of Public Safety John Marshall and Secretary of Transportation Whittington W. “Whitt” Clement.
Virginia has made significant progress during the past 20 years in its efforts to reduce DUI and BUI. Despite these accomplishments, there is room for improvement. Both national and Virginia data suggest that some of the positive trends may be reversing. Estimated 2002 national crash data document 17,970 alcohol-related deaths, the third straight year of increase after a decade of decline. In Virginia, alcohol-related motor vehicle crashes increased between 1999 (10,942) and 2002 (11,788) at a rate of 7.73 percent. Three hundred seventy five fatalities occurred in 2002 as a result of drunk driving, comprising 41 percent of total highway fatalities that year. Since 1997, the percent of boating fatalities that were alcohol-related was almost double that for boating crashes in general.
Thirty-three recommendations were offered by the Task Force. The complete Task Force report can be accessed from DMV’s website. (PDF, 578 K)
Some highlights of these recommendations include:
Legislative Actions
Reinstate a form of the Habitual Offender Act to create administrative procedures to deter repeat offenses. In 1999, the Act was repealed and replaced with a third DUI felony provision. This removed the actual declaration of the driver as an habitual offender from the process, a step that many felt was a meaningful deterrent as well as a warning to those drivers who chose to continue to drink and drive. (Nominal administrative cost)
Lower the statutory definition of high blood alcohol concentration (BAC) level from .20 to .15 to allow for increased sanctions and more intensive treatment interventions. In 2001, 57 percent of all drivers and 41 percent of drivers under the age of 21 involved in an alcohol-related fatal crash had a BAC test result of .15 or higher. A change to .15 would represent the toughest standard in the nation. (Nominal administrative cost)
Increase penalties for persons arrested while driving with a restricted license as a result of a previous DUI conviction from a misdemeanor to a felony. (Nominal administrative cost)
Make an open container of alcohol in a vehicle a factor in determining probable cause to test the driver for DUI. (Nominal administrative cost)
Eliminate the requirement for a magistrate to issue a warning upon breath test refusal. (Nominal administrative cost)
Administrative Actions
Implement a more prominent visual cue on driver’s licenses for individuals under the age of 21 to make it easier for alcohol retailers and servers to more quickly and accurately identify underage individuals. (Nominal administrative cost)
Expand the use of sobriety checkpoints across the Commonwealth using model sobriety checkpoint standards and guidelines, to be developed by the Association of Chiefs of Police and the Virginia Sheriffs Association, with assistance from the Department of Criminal Justice Services. (Nominal administrative cost)
Create a coordinated, integrated data-management and tracking system to provide more accurate and timely information and follow DUI and BUI events, from arrest through resolution. (Projected cost: $44,000 first year, $20,000 in successive years)
Public Awareness and Education Actions
Integrate and expand research-proven substance abuse prevention programs in public schools. (No additional cost anticipated)
Expand public awareness and college campus education campaigns that target youth and other at-risk populations. (May be funded through grants)
Substance Abuse Prevention, Intervention and Treatment
Standardize substance abuse assessment procedures and improve access to and availability of substance abuse intervention and treatment programs. (Nominal administrative cost)
Training Actions
All Standard Field Sobriety Test (SFST) training in Virginia should meet the guidelines established by the National Highway Traffic Safety Administration and Virginia Department of Criminal Justice Services. (No additional cost anticipated)
Further Studies
Reduce the complexity of DUI and BUI laws and procedures. (Nominal administrative cost)
Checkpoint Strikeforce, launched by the Virginia Department of Motor Vehicles and Virginia State Police, will remind citizens through a half-million dollar media campaign, funded through a NHTSA grant, and other public outreach of the many dangers and consequences of impaired driving.
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