CLAAD/ Safe BTW

CLAAD & Safe BTW National Dialogue onDrug-Impaired Driving April 10-12, 2012Walt Disney World Swan Resort

Policy Goals•  Identifying Drug-Impaired Drivers•  Distinguishing mere medication use from actual cognitive impairment.

StatisticsDrug-impaired driving can have fatal consequences:•  In 2009, 13,801 drivers who died in car crashes tested positive for drugs.•  63% of all tested drivers who died in car crashes tested positive for drug use.•  A California study found 1 in every 10 people killed in car crashes was drug-impaired.

Dangers of Drug-Impaired Driving•  Drivers ignore labels warning against operating heavy machinery.•  Driving after taking medication affects the brain.•  Medications can impair judgment, motor skills, perception, and memory.•  Drivers, passengers, and others on the road are at risk.

Prevention: DUID LawsAll states have DUID statutes. Most states use oneof three types of drugged-driving laws:1. Statutes requiring driver to be incapable of driving safely (14states);2. Statutes requiring driver to be under the influence or affectedby an intoxicating drug (8 states); and3. Per se or zero tolerance statutes. (17 states)5 states prohibit any addicted person or habitualuser to drive at all.

DUID Law Defenses•  20 states: valid prescription is not legal defense.•  5 states: valid prescription as long as used as directed is legal defense.•  Maryland: valid prescription is legal defense if defendant was unaware of drug s effect.

Statutes with Subjective StandardsDUID Statutes contain subjective standards:•  Incapacity : connection between drug ingestion and the incapacity of the driver•  Under the influence : impairment is directly related to drug ingestion•  Per se : drug is in the driver s system.•  Determination of drug use based on blood, urine, saliva, or other bodily fluid tests.

Prevention: Common LawStates have also developed common law doctrines to prevent drug-impaired driving. –  Massachusetts: liability for physicians for failure to warn against driving if such failure results in third-party death. –  Alabama: imposed liability on a Methadone Clinic for administering methadone and releasing a patient who killed a third party while driving.

Prevention: Common Law•  Florida: Judge will suspend drivers licenses for using oxycodone.•  Patients are responsible for obtaining a doctor s letter.•  Prescribers are at a greater risk for liability.

Drug-Impaired Laws Lag Behind Alcohol-Impaired Laws•  Drugged-driving laws lag behind alcohol-impaired driving law.•  Why? –  Technological limitations in testing. –  No agreed-upon impairment limit. –  Drugs linger in the body.

Current Methods of Identifying Impaired DriversDrug Recognition and Classification Programs (DEC) •  49 states and D.C. have Drug Evaluation and Classification Programs. •  DREs receive training to identify drug-impaired drivers and determine the drug category. •  Programs rely on observations. •  Categories are based on signs and symptoms.

Current Methods of Identifying Impaired DriversBlood and Urine Testing •  34 states test blood, urine, saliva, or other bodily substances. •  8 states allow blood only. •  6 states permit saliva. •  8 states permit other bodily substances.

Problems with Drug Evaluation and Classification Programs•  Drug Evaluation and Classification Programs lack scientific precision.•  Blood and urine tests cannot determine whether drivers were actually impaired while driving.

What can we do?•  Encourage states to adopt clearer standards for Per Se laws;•  Collect additional data on drug-impaired driving;•  Prevent drug-impaired driving by educating communities and professionals;•  Provide increased training to law enforcement on identifying drug-impaired drivers; and•  Develop standard methodologies for drug-testing labs to use in detecting the presence of drugs.•  Encourage prescribers to help by recognizing patients with substance-abuse problems and developing strategies with their patients to overcome such problems.

Suggestions?What preventative strategies do you think would help with the following issue? •  Identify impaired drivers. •  Distinguish mere medication use from actual cognitive impairment. •  Incentivize individuals to refrain from driving while drug-impaired.

For More Information on Drug- Impaired Driving Contact: Paul Scott O Neill, CLAAD Policy Advisor (703) 527-4550 pso@claad.org www.claad.org Stacey Sklaver, Safe BTW Policy Advisor (703) 527-8800 sls@safebtw.org www.safebtw.org

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