DUI in California: Recommendations for Legislative Reform

Motor vehicle crashes are the leading cause of death for Americans aged 4 to 34. In the year 2000, a total of 41,821 people were killed in traffic crashes in America, and 16,653 (or about 40%) of those fatalities involved alcohol. After major reductions in driving-under-the-influence (DUI) achieved during the 1980's and early 1990's, progress against DUI has slowed and stalled, and the most recent (year 2000) California data show the first increase in DUI fatalities since 1987. The prevailing view of DUI in America since the mid-1990's has been that all of the easy targets of opportunity had been identified and remediated, and that additional reductions in DUI would only be gained incrementally, and in small measure. The slowdown of progress against DUI in the late 1990's, along with the recent negative reversal in DUI trends, seemed to validate the perception that "all had been done that could be done." In light of a current R&D Branch review (conducted pursuant to Senate Bill 776, Torlakson, 2001) of scientific literature on effective DUI countermeasures, however, this prevailing perception can be seen as self-defeating and unduly pessimistic. Based on the scientific evidence, there are at least four DUI legislative programs and initiatives that have the potential of producing major reductions in the incidence of DUI, as large or larger than the reductions seen in the 1980's. These include: 1) pharmaceutical treatment for convicted DUI offenders (there are promising new drug treatments for alcohol abuse, including naltrexone), 2) increase alcohol tax (existing research has clearly shown that increasing taxes on alcohol is associated with reduced consumption of alcohol and resultant reductions in alcohol-involved traffic crashes and fatalities), 3) reduce crashes associated with on-premise drinking (research has shown that roughly half of all alcohol-related crashes involve drinking at an on-premise establishment such as a bar or restaurant, while only a quarter of all alcohol is consumed on-premise), and 4) increase DUI prevention and general deterrence efforts, particularly those targeting youth (a shift in priorities from punishment to prevention will impact a larger number of potential offenders and might be more effective for our overall societal response to alcohol-impaired driving).

In addition to the four major initiatives identified above, based on the review of scientific evidence regarding existing DUI countermeasures, the following DUI legislation and programs also provides opportunities for reducing the incidence of DUI, and are also suggested for implementation or expansion in California:

Lower illegal per se BAC levels for target groups, such as repeat offenders

Mandatory license suspension for all convicted DUI offenders

Mandatory 7-day vehicle impoundment for persons arrested for a repeat DUI offense

Increased use of house arrest in lieu of jail

BAC testing for all crash-involved drivers

Permissive hospital BAC testing
Senator Torlakson has introduced legislation (Senate Bill 408) implementing provisions of this report, and is building a legislative coalition to make further improvements to California's DUI system.
There continues to be strong public support for anti-DUI efforts, including the raising of alcohol taxes, provided the funds are used against drunk driving.

Research Notes- 2003