CA DMV Study Shows IID Pilot Program Not A General Drunk Driving Deterrent

Currently, there are four counties in California that are participating in the ignition interlock device, IID, pilot program:  Los Angeles, Alameda, Tulare, and Sacramento, per California Vehicle Code Section 23700.  The pilot program requires all driving under the influence, DUI, defendants, including first time offenders, to pay for, install, and then maintain the IID for a period of time as determined by the number of drunk driving convictions the individual has.

An IID is a breathalyzer instrument that is professionally installed in the defendant’s vehicle by a court-approved company.  The driver must blow into the device, providing an alcohol-free sample.  If alcohol is detected, the car will not start.  Once started, the driver will be prompted to give another sample within 15-minutes of driving and then again about every 45-minutes.  If alcohol is detected during a random sample, the car will stall and become inoperable.  These are referred to as “sample failures” and are reported to the court.

Recently, the Department of Motor Vehicles released its report to the Legislature of the State of California of its findings regarding the “General Deterrent Evaluation of the Ignition Interlock Pilot Program in California.”  According to this sixty page report, the DMV study found “the IID pilot program was not associated with a reduction in the number of first-time and repeat DUI convictions in the pilot counties.  In other words, no evidence was found that the pilot program has a general deterrence effect.”  (See “Report Documentation Page.”)

However, the report mentioned another follow-up study that is being conducted to determine if the pilot program has any specific deterrence effects.”  The specific deterrent effects address the “specific behavior of individual drivers who were convicted of DUI subsequent to the implementation of the … law and thus were subject to the IID pilot program requirements…” (See page ix.)

The DMV recommended that the legislature consider the specific deterrence evaluation if/when they take any further action regarding the IID program.  That follow-up study is due to be completed in the fall of 2015.  (See ix and x.)

The Law Offices of Susan L. Hartman recently blogged about California State Senator Jerry Hill’s bill, SB 61.  If passed, this bill would require all those convicted of drunk driving, in all California counties, to install an IID.  Senator Hill’s position is that mandatory IID requirements reduce recidivism and first time DUI offenders, just the opposite of what the DMV’s own study found.

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The Tennessee Drug-Free Workplace Program and Drunk Driving

Flag of the State of Tennessee
Image from Wikimedia Commons

52.6 million American adults are binge[1] drinkers—more than Tanzania’s entire population, an East African country, of 49,639,138.[2] These binge drinkers are not simply unemployed town drunks—42.1 million work either full or part time.[3] However, alcohol is not the only abused substance affecting Americans; illicit drug use has contributed to approximately 23.9 unprescribed drug users in the United States—9.4 million are employed adults.[4] Substance abuse also contributes to approximately 30 million Americans who are driving under the influence of alcohol each year, and 10 million others driving under the influence of illicit drugs per year.[5] Who knows how many millions are driving under the influence of prescribed medication each year? In addition to the apparent negative affects of substance abuse on one’s personal health and relationships, it also cost businesses approximately $100 billion per year.[6]

A new impediment to drunk driving, albeit indirect, was been implemented by the State of Tennessee. The Workers’ Compensation Reform Act of 1996 created the Tennessee Drug-Free Workplace Program (DFWP) to promote drug-free workplaces, and discourage and penalize employee substance abuse.[7] Employers are incentivized to join the program. A drug-free workplace offers benefits such as: a 5% premium credit on workers’ compensation insurance policy, “for cause” discipline, discharge, or refusal to hire employees for policy violations, and shifts the burden of proof to the employee after a workplace injury if he or she receives a positive post-accident drug test or refuses to submit a test.[8]

Once an employer implements DFWP, they are also upheld to certain annual requirements. For instance, participating employers must administer five types of tests: pre-employment, post-injury, reasonable suspicion, fitness-for-duty (FFD), and compliance testing following an Employee Assistance Program (EAP).[9] Although not required, employers may also conduct random drug tests. These requirements could provide sufficient evidence to arrest the employee for drunk driving (driving under the influence of an intoxicant), even if the employee wasn’t driving at the time of an on-the-job accident.

First, DFWP pre-employment tests require that potential employees be screened for drugs, whereas alcohol screening is optional.[10] Second, if a workplace accident occurs, injured employees must submit blood or urine specimens to determine whether the influence of drugs or alcohol precluded the accident.[11] Third, an employer may require a drug or alcohol test with reasonable suspicion that an employee is under the influence.[12] The employer has seven calendar days to explicitly transcribe the circumstances giving rise to his or her suspicion.[13] An employee’s performance, appearance, and behavior may predicate reasonable suspicion.[14]

For employers interested in attaining a drug-free workplace, the United States Department of Labor offers a “Build a Drug-Free Workplace Policy” option to “develop a customized drug-free workplace policy statement for your organization.”[15] Employers should ensure that drug or alcohol-testing policies are reasonable, nondiscriminatory, and explicit in a written policy statement. This is especially pertinent for government employers, since taking employee specimens for drug or alcohol testing may implicate the Fourth Amendment’s protections against “unreasonable searches and seizures.”[16]

About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,000 DUI defendants.  Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.  Steve was the first lawyer in Tennessee to be certified as a DUI Defense Specialist by the Tennessee Commission on Continuing Legal Education and Specialization and the NCDD.

He is the author of DUI: The Crimes & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen).  Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions.  He is a popular international speaker, having spoken at legal seminars in 23 states, the District of Columbia and three foreign countries.

You may contact Steve through his website at www.tndui.com or by telephone at (865) 249-7200.

The author would also like to recognize and thank Matt Wayne, a second year law student at the University of Tennessee College of Law, for his research and editing contributions of this article.

Footnotes:

[1] “binge drinking” being defined as “a pattern of drinking that brings a person’s blood alcohol concentration (BAC) to 0.08 grams percent or above. This typically happens when men consume 5 or more drinks, and when women consume 4 or more drinks, in about 2 hours.” Alcohol and Public Health, Centers for Disease Control and Prevention, http://www.cdc.gov/alcohol/fact-sheets/binge-drinking.htm.

[2] Tennessee’s Drug-Free Workplace Program: Why Join, 39 Tenn. Attorneys Memo 47 (Nov. 24, 2014); https://www.census.gov/population/international/data/countryrank/rank.php

[3] Id.

[4] Id.

[5] Id. (“In an average year, 30 million Americans drive while impaired by alcohol, while 10 million drive while impaired by illicit drugs.”).

[6] Drug Free Workplace Program, Department of Labor and Workforce Development, http://www.tn.gov/labor-wfd/wcomp/dfwp.shtml; Id.

[7] See Tenn. Attorneys Memo, supra note 2.

[8] See Drug Free Workplace Program, supra note 6; Id.

[9] See Tenn. Attorneys Memo, supra note 2.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

[14] Id.

[15] Drug-Free Workplace Advisor, United States Department of Labor, http://www.dol.gov/elaws/asp/drugfree/drugs/screen1.asp.

[16] Id.; see also U.S. Const. amend. IV (stating “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . .”.) (emphasis added).

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Everything You Need to Know About the ARD Program for First Offense DUI’s in Delaware County, Pennsylvania

In Media, Delaware County, Pennsylvania the ARD program is offered to certain first time DUI offenders that opt to be accepted into the program. The major benefit of ARD is that you or your attorney will be entitled to file an expungement petition once you complete all of the requirements of the program. This will result in your criminal record being expunged and destroyed if the court so orders. Click on the following link Delaware County ARD program to read my prior blog for more information on the benefits of the ARD program.

Moving forward, this blog will take you through the ARD process in Delaware County, PA from start to finish.
1. Post-Arrest: Preliminary Hearing Paperwork will be Mailed to you by the District Court – after you are arrested and charged with a first offense DUI in Delaware County, Pennsylvania, paperwork will be sent to your house from the District Court that retains jurisdiction over you. After you are arrested, the Magisterial District Court will send you two letters: one certified and one by regular first class mail. Both of the letters are duplicates and contain the same information. Enclosed in your letters will be three items. The first is called a “Police Criminal Complaint.” This document contains the caption of the case, identifies you as the defendant and designates which crimes you are being charged with along with other information. The second item is called the “Affidavit of Probable Cause.” The Affidavit of Probable Cause is a brief recitation of the facts which occurred in your case as written by the police officer. The third item in your letters will be a scheduling notice. The scheduling notice will let you know the time and place of your preliminary hearing. The preliminary hearing will be heard before a Magisterial District Judge. The court may also mail you a fingerprint order, ordering you to report to the police department where you were arrested to be fingerprinted, if you were not fingerprinted on the night of the offense.

Please be patient. If you have been arrested for a DUI, these items may take a few weeks to get out to you. I have even seen it take months for clients to get their paperwork. However, if you have been arrested for a DUI in Delaware County, Pennsylvania, rest assured, you will receive these items in the mail. After you have been arrested I recommend that you hire an attorney at your earliest convenience to avoid any complications with the case. Jason R. Antoine, Esquire, Pennsylvania ARD DUI lawyer can be reached for free DUI advice at (610) 299-0295.

2. HIRE AN ATTORNEY – in Delaware County you will not be considered for the ARD program unless you retain an attorney. Even if you have not received your paperwork in the mail from the district court, it is not too early to hire an attorney. You should hire an attorney before you take any action on your case, especially talking to police or friends about your DUI. Your attorney should make the initial determination as to whether you are eligible for the ARD program. Although, most first offense DUI’s are eligible for the ARD program some factors may deem your case ineligible such as a prior criminal record, driving on a suspended license, no insurance, no registration or an accident with injuries to the victim. This list is not exhaustive; call my office (610) 299-0295 to determine if you should apply to the program.

If you cannot afford an attorney, contact the Delaware County Office of the Public Defender at (610) 891-4100. For a private attorney, you may call my office for a free consultation at (610) 299-0295. Having an eligible client placed on ARD is one of the least difficult things a trained criminal attorney can do. Therefore, legal fees for ARD are typically affordable for most clients. My office offers free consultations and free advice regarding first offense DUI cases and will try to make the process as fast and painless as possible. Call my office now to schedule a free consultation.

3. Preliminary Hearing – at the preliminary hearing your attorney will “waive” the hearing if you plan on going into the ARD program. Waiving the hearing means that your attorney will NOT cross-examine the police office and you will NOT contest the Commonwealth’s evidence for purposes of the preliminary hearing. It is the Commonwealth’s burden to establish prima facia evidence that the crime(s) as charged were committed. Prima facia simply means that there must be some evidence on each element of the crime. Waiving the hearing is easy. In Delaware County, your attorney will simply take you before the judge and the attorney or judge will ask you a series of questions such as: Do you understand that you have the right to a hearing?” “Do you understand that you have the right to an attorney?” “Do you understand that you have the right to cross-examine witnesses?” “Do you understand that you it is the Commonwealth’s burden to make out a prima facia case for each element of the crime?” Thereafter, the judge will have you sign paperwork stating that you know these rights and agree to give up your right to a hearing. The judge will then give you a piece of paper assigning you an arraignment date which is your next court date in the court of common pleas.

4. Complete Requirements for a Reduction in Community Service Hours – if you complete your CRN evaluation, Alcohol Safe Driving Course and community service hours within 60 days after the completion of the preliminary hearing you can receive a reduction in community service hours. Please see my Delaware County DUI lawyer website for more information on the possible reduction in community service hours.

5. Waiver of Arraignment/ARD Application/Rule 600 Paperwork – at this stage in the process your attorney will have to submit your Waiver of Arraignment form, ARD application and Rule 600 form to the Office of the Court Administrator in the Delaware County Courthouse, Media, Pennsylvania. Delaware County requires that all forms be typed on a typewriter. Some of the forms are carbon copies. These forms must be submitted 14 days prior to arraignment.
a.Entry of Appearance and Waiver of Arraignment Form- this form enters your attorney’s appearance on your behalf and serves as a waiver your formal arraignment so that an appearance by you or your attorney is not required.
b.ARD Application – this application asks a series of questions regarding identity, biographical information and prior criminal history so that the District Attorney’s Office may determine your eligibility for the ARD program. The ARD application must be signed by you and your attorney and notarized.
c.Rule 600 Waiver – Rule 600 of the Pennsylvania Rules of Criminal Procedure states that you must be brought to trial within 365 days from the date on which the criminal complaint is filed excluding certain delays caused by the defense. By signing this form you agree to waive (or give up) your right to a speedy trial for placement on the ARD program. In order to be accepted into ARD you must waive Rule 600. This means that from the time when you sign this form up until your pre-trial conference, this time does not count against the prosecution because they are considering your application for ARD.

If these forms are filled out appropriately by your attorney and submitted in a timely fashion, your attorney will receive notification from the Office of the Court Administrator that the Waiver of Arraignment was accepted and you will be given a delayed pre-trial conference date of approximately six (6) months after your scheduled arraignment date. If you go into ARD, you will NOT have to show up to the pre-trial conference because you will be placed into the ARD program prior to the pre-trial conference at a special hearing before the president judge of the county. However, be sure to put this delayed pre-trial conference date in your calendar because if you are denied ARD, you will have to appear for this pre-trial conference date.

6. Notification of Your or Acceptance or Denial into the ARD Program – you and your attorney will receive a letter from the Delaware County District Attorney’s Office indicating whether you are accepted into the program. If you are accepted into ARD, another letter will follow notifying you and your attorney of your ARD hearing date and time.

7. ARD Hearing – ARD hearings are held in Courtroom #1 of the Media, Delaware County Courthouse before President Judge Joseph P. Cronin, Jr. You should bring your Pennsylvania Driver’s License with you so that it can be surrendered to the court to start your license suspension. If you are NOT a Pennsylvania driver, your attorney should have you fill out and bring a Penndot form DL-16 Acknowledgement of Suspension form to be submitted to the court to begin your suspension. Your license suspension will begin on the day of the hearing, therefore, you should have someone drive you the day of the ARD hearing. You also must be prepared to pay the costs of the ARD program on the day of the hearing. ARD program costs for a first offense DUI are $1,336.50 and a supervisory fee of $45.00 per month. This fee MUST be paid by CASH, CHECK MONEY ORDER, VISA, or DEBIT CARD on the day of the scheduled ARD hearing. If you cannot afford the full amount of the ARD program costs and prior arrangements are made by your attorney, you may be able to pay a portion of the ARD program costs on the day of the hearing. Also, you may pay the $45.00 supervisory fee up front.

What to Expect at the Hearing – first your attorney should go to the front of the courtroom and obtain your ARD order. This is the order that will be signed by the judge placing you on ARD. It will give specific terms of the program pertaining to you, i.e – number of community service hours, number of months probation, restitution, etc. Your attorney should review this order for any mistakes. Your attorney should also have you fill out a community corrections intake form for you to take with you to adult probation.

When President Judge Cronin takes the bench, you will raise your right hand and be “sworn in” or sworn to tell the truth by the Court. From there, the judge will admit ARD applicants in groups of 12. You will go in front of the court with 11 other applicants and the judge will colloquy you and the other applicants to ensure that you understand the program. From there, the judge will take each case individually. Your attorney will introduce himself/herself to the Court and hand over your license and ARD order to the Court. The judge will then read you the specific terms of the program pertaining to you and ask if you wish to be accepted into the program. After this, you will wait out in the hallway and a court representative will take you down to probation where you will register and pay your ARD fees to court financial.

8. ARD Supervision – the following are the typical requirements to complete the ARD program in Delaware County. Please note that other terms or conditions may be ordered by the court and must be complied with.
a. CRN Evaluation – You may schedule your CRN evaluation by calling (610) 891-4571. The CRN evaluation performed by Diagnostic Services which is located in the basement of the Delaware County Courthouse at 201 West Front Street, Media, PA 19063. This interview will take approximately a half hour and questions will be asked regarding your social, work and substance and/or alcohol abuse history. You do not need to be accompanied by an attorney at this interview.
b. Alcohol Safe Driving School – you may schedule your Alcohol Safe Driving class by calling (610) 237-8630. More information about the date/time/location/cost of the courses can be found on the Delaware County Emergency Service Training Center website.
c. Community Service – to schedule your community service contact Walter R. Omlar, Jr. at (610) 891-4461. Your community service can be performed in two locations: Media or Sharon, Hill. However, on the day of your community service a van may pick you up and take you anywhere in the county to perform your work hours. If you miss your scheduled date, there will be an automatic 8 hour penalty. Delaware County will NOT allow you to transfer your community service to neighboring counties. Mr. Omlar reserves the right to hold your community service to another date if you have any special skills such as painting or welding.
d. Monitor Connect – once placed on ARD probation, you will not have to report to a probation officer in person. You will have to logon to the monitor connect system once a month. Logon to www.monitorconnect.com for more information on the system. You will have to pay $7.00 per month to use this system.

9. Denial - what if you are denied to the program? If the event you are denied, you will have to appear for your delayed pre-trial conference and the case will proceed in the Court of Common Pleas. However, your attorney should write a letter to the trial attorney handling your case asking for reconsideration of your placement into the program.

Jason R. Antoine, Esquire is a former Assistant District Attorney and a former DUI prosecutor. Contact his office at (610) 299-0295 for questions about the Delaware County ARD DUI program.

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New Jersey Intoxicated Driver Program for DUI convictions

Any time a person is convicted of DUI, New Jersey law requires that the individual complete an Intoxicated Driver Program at an Intoxicated Driving Resource Center. Those who are convicted and need addictions treatment but are unable to afford it may be eligible for funding from the Driving Under the Influence Initiative.

The IDP is a program that provides interventions for people who are convicted of DUI of alcohol or drugs. Every county of the state has an IDRC for persons who are convicted for the first and third time while every region has centers for people who are convicted for the second time.

The IDRCs detain, teach and screen the convicted drivers to determine whether they need additional treatment for addiction. During the educational phase, the individuals attend courses about highway safety and alcohol. The centers also provide recommendations to the Motor Vehicle Commission on whether to suspend or restore the individuals' licenses.

If after a clinical assessment the convicted drivers need addiction treatment, they must complete a treatment over a minimum of 16 weeks. The DUII provides financial assistance to those who are poverty-stricken and meet the financial eligibility limitations. This is a $7.5 million fund set aside to reduce the chances of the drivers returning to New Jersey roads while drunk driving. More than 6,500 residents receive financial help through this fund every year.

When an officer thinks that someone pulled over for a traffic stop could be intoxicated, the officer is likely to conduct field sobriety tests, chemical tests or both. Drivers who are detained and charged with DUI may seek the guidance of a lawyer to get the charges dismissed or at least negotiate a plea bargain to get the penalties reduced. If a plea bargain is agreed upon, the drivers could still be required to participate in an IDP.

Source: State of NJ Motor Vehicle Commission, "DUI: Driving Under the Influence", September 26, 2014

Tags: penalties

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Injured in a DUI? Understand the Difference between the California Victim Compensation Program and Victim Restitution

Victims who are injured in a DUI are entitled to compensation for their losses, such as hospital bills, car damage, loss of wages, etc. But the money to repay these losses comes from two different sources –the offender or the California Victim Compensation Program.

The California Victim Compensation Program is a state fund program that is designed to provide compensation to victims of violent crimes, including driving under the influence, for unreimbursed physical injuries associated with the crime. This compensation is available for victims and their immediate family members who suffer injury, threat of injury or death from drunk driving. If the victim suffers emotional damage…and requires therapy as a result…those expenses may also be approved. The California Victim Compensation Program does not apply to economic damage – those expenses are reimbursed from the DUI offender.

If you are involved in an accident with a driver who is convicted for DUI…and your car is damaged…the court will order the defendant to reimburse you for your damage. If he/she has car insurance, the insurance will cover the expenses. And if not, the judge will order the defendant to make payments directly to the victim. If the defendant is unable to pay, California has a separate fund to reimburse victims for these types of economic damages as well.

View the original article here

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