HAWAII DEPARTMENT OF TRANSPORTATION BLUEPRINT FOR DRIVING UNDER THE INFLUENCE OF DRUGS (DUID) Updated October 2018 What is the problem? Like the rest of the nation, Hawaii is facing an increase in drug-impaired driving, which is further exacerbated by medical marijuana, prescription drug abuse and a more lenient societal view of recreational marijuana use. THE FACTS • Drug-related traffic fatalities have been rising in Hawaii. Hawaii Drug-Related Traffic Fatalities 120 107 102 95 93 52 (43.3%) 34 (33.3%) 2013 32 (33.7%) 2014 34 (36.6%) 2015 Fatalities 2016 39 (36.4%) 2017 Tested positive for drugs Source: FARS & preliminary state data Hawaii DUID Blueprint P a g e 1 o In 2013, out of 102 traffic-related fatalities in Hawaii, 34 (or 33.3 percent) tested positive for having drugs in their systems. o In 2014, out of 95 traffic-related fatalities in Hawaii, 32 (or 33.7 percent) tested positive for having drugs in their systems. o In 2015, out of 93 traffic-related fatalities in Hawaii, 34 (or 36.6 percent) tested positive for having drugs in their systems. o In 2016, out of 120 traffic-related fatalities in Hawaii, 52 (or 43.3 percent) tested positive for having drugs in their systems. o In 2017, out of 107 traffic-related fatalities in Hawaii, 39 (or 36.4 percent) tested positive for having drugs in their systems. • Hawaii Fatality Analysis Reporting System (FARS) data also shows that drug use amongst our youth is an issue. The following chart highlights the percentage of youths between the ages of 0 and 19 involved in fatal crashes who tested positive for having alcohol and/or drugs in their systems. Alcohol and/or Drug Use Amongst Hawaii Youths Involved in Fatal Crashes 90 84.6% 80 70 66.7% 66.7% 60% 60 53.8% 50 40 30 20 10 0% 0 2012 2013 2014 2015 2016 2017 Hawaii DUID Blueprint P a g e 2 The following data tables provide more detailed information: 2012 Age 16 19 19 18 18 19 18 17 Driver/Pass/Ped/Bike Driver Driver Driver Passenger Passenger Passenger Pedestrian Pedestrian Alcohol .07 .12 .12 .16 .34 .02 Drug Unknown results THC None Meprobamate None THC Other Drug THC Deceased Y/N No No Yes Yes Yes Yes Yes Yes 2013 Age 17 19 19 19 17 16 18 Driver/Pass/Ped/Bike Driver Driver Driver Driver Passenger Passenger Bicyclist Alcohol .33 Drug Benzoylecgonine Methylone Benzoylecgonine None THC THC Methylone Deceased Y/N Yes Yes Yes Yes Yes Yes Yes 12/125 fatality victims were b/w 0 to 19. 6/12 fatalities had alcohol & or drugs in their system. 2 crash survivors tested + for alcohol/drugs (66%) 13/102 fatality victims were b/w 0 to 19. 7/13 fatalities had alcohol & or drugs in their system. (53.8%) .17 .08 .22 .05 Methylone is a form of MDMA (Hallucinogen) 2014 Age 18 19 19 Driver/Pass/Ped/Bike Driver Driver Passenger Alcohol .12 .34 Drug THC None THC Deceased Y/N Yes Yes Yes 2015 Age 18 19 18 18 19 19 17 19 17 19 18 Driver/Pass/Ped/Bike Driver Driver Driver Driver Passenger Passenger Passenger Pedestrian Passenger Passenger Passenger Alcohol Drug Meth Diazepam THC None None None None THC THC Alprazolam Bezoylecgonine Deceased Y/N No Yes No Yes Yes No Yes Yes Yes Yes Yes Drug MDMA Meth THC Unk. Depressant None THC THC THC THC LSD THC Deceased Y/N No No Yes Yes No Yes Yes Yes Yes Yes Yes 5/95 fatality crash victims were b/w 0 to 19. 3/5 fatalities had alcohol & or drugs in their system. (60%) 13/93 fatality victims were b/w 0 to 19. 8/13 fatalities had alcohol & or drugs in their system. 3 crash survivors tested positive + alcohol/drugs (84.6%) .24 .09 .13 .09 .17 .09 .20 Benzoylecgonine is the main metabolite in cocaine. 2016 12/120 fatality victims were b/w 0 to 19. 8/12 fatalities had alcohol & or drugs in their system (66%). 3 crash survivors tested positive + alcohol/drugs Age 18 19 17 18 19 19 18 19 19 16 19 Driver/Pass/Ped/Bike Driver Driver Driver Driver Driver Driver Passenger Passenger Pedestrian Pedestrian Pedestrian Alcohol .02 .26 .10 Hawaii DUID Blueprint P a g e 3 2017* 5/107 fatality victims were b/w 0 to 19. Of those tested, none of the fatalities had alcohol & or drugs in their system. Age Driver/Pass/Ped/Bike Alcohol Drug Deceased Y/N 15 Driver Yes 14 Driver Yes 19 Driver Yes 2 Passenger Yes 17 Pedestrian Yes * Preliminary state data Yellow indicates alcohol only. Hawaii DUID Blueprint P a g e 4 What are our challenges? MARIJUANA Hawaii has been a medical marijuana state since 2000. However, medical marijuana card holders could only grow their own supply of marijuana since Hawaii’s law did not allow for retail dispensaries. That changed in 2015, when Hawaii’s State Legislature legalized the opening of medical marijuana production facilities and retail dispensaries beginning July 15, 2016. To begin with, eight licenses were awarded to companies interested in operating production centers and dispensaries – three on Oahu, two licenses each on Maui and the Big Island; and one license on Kauai. Each licensee is allowed to operate two production centers and two dispensaries, which means that there may be a total of 16 dispensaries statewide. According to data from ADLRO, marijuana appears to be the drug of choice amongst drug-impaired drivers in Hawaii. FARS data paints a similar picture. From 2013 through 2015, out of 272 fatal crashes in Hawaii, 53 (or 19 percent) involved tetrahydrocannabinol (THC). Based on prior years’ data, the Hawaii Department of Transportation (HDOT) expects these numbers to increase as a result of the opening of the dispensaries and the availability of medical marijuana products. In Hawaii, there was a significant increase in marijuana-impaired driving following the legalization of medical marijuana. According to Hawaii FARS data, during the premedical marijuana period (1991-2000), 4.89 percent of fatally injured drivers tested positive for having marijuana in their systems. After the medical marijuana program went into effect, during the post-medical marijuana period (2001-2011), the proportion of fatally injured drivers who tested positive for THC increased to 14.61 percent. Hawaii DUID Blueprint P a g e 5 IMPACT OF MEDICAL MARIJUANA IN HAWAII NUMBER AND PERCENTAGE OF THC-POSITIVE FATALITIES Post Medical Marijuana (2001-2011) THC-POSITIVE FATALLY INJURED DRIVERS 14.61% 4.89% 34 116 Pre Medical Marijuana (1991-2000) PERCENTAGE THC-POSITIVE FATALLY INJURED DRIVERS Source: FARS We will monitor the effects of the opening of the retail dispensaries. At this time (as of September 2018), there are six retail dispensaries open in Hawaii – three on Oahu, two on Maui and one on Kauai. With more states legalizing recreational use of marijuana, it seems that Hawaii’s medical marijuana law is just the stepping stone towards the inevitable. Observations of the marijuana-related legislative bills that have been proposed and heard in recent years lead the HDOT to conclude that we are moving in that direction. Hawaii DUID Blueprint P a g e 6 HAWAII’S STATUTES Hawaii’s OVUII statute (§291E-61 HRS) states that: A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: (1) While under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty; (2) While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner; (3) With .08 or more grams of alcohol per two hundred ten liters of breath; or (4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. However, according to §291E-1 HRS, the definition of “drug” in the OVUII statute means “any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites.” As a result, the OVUII statute does not apply to drivers impaired on substances not included in the schedules, such as kava and new synthetic drugs. This is especially problematic if Hawaii’s legislators decide to remove THC from the schedules. LIMITED DATA Although Hawaii has been taking steps to improve collection of drugged driving data, we are still limited by obstacles that are out of control, such as interpretations of and compliance with the mandatory blood draw law. To measure impacts, progression and/or regression, our State needs to first collect meaningful data to be used as baselines, and then collect data to be measured against those baselines. There is also a need for data analysis to turn the raw data into “usable data” that is essential for problem identification and evaluation of strategies. LIMITED FUNDING At this time, federal funding from the National Highway Traffic Safety Administration (NHTSA) is the primary source of funding used to support much of Hawaii’s driving under the influence of drugs (DUID) initiatives, including travel to Drug Recognition Expert (DRE) training on Oahu for neighbor island law enforcement officers. Hawaii DUID Blueprint P a g e 7 County police departments use their own funding for certain trainings like the Advanced Roadside Impaired Driving Enforcement (ARIDE) trainings and for forensic toxicology testing for drugged driving cases. Limited funding restricts Hawaii’s traffic safety partners from pursuing strategies and conducting activities to combat impaired driving. Restrictions on federal funding is another roadblock we must contend with. Like other states, Hawaii is only allowed to utilize Section 154 and 164 penalty transfer funds for alcohol-impaired driving initiatives. This current restriction should be lifted to allow states to use the funds to combat impaired driving, whether it’s alcohol or drug related, based on data-driven problem identification. NO STATE LAB Hawaii’s isolation from the U.S. mainland, existing statutes and judicial system all contribute to the urgent need for a State forensic toxicology lab. Currently, Clinical Laboratories of Hawaii, a privately contracted lab, conducts all analyses of OVUIIalcohol and OVUII-drugs urine samples for Maui, Kauai and Hawaii counties. The Honolulu Police Department has its own county lab that tests OVUII-alcohol urine and blood samples. All blood samples for drug testing from all counties are sent to Clinical Labs, who then sends them to Central Valley Diagnostic Lab in California. Under Hawaii’s current OVUII statute, toxicology results must be submitted to ADLRO within eight days for OVUII-alcohol cases and within 22 days for OVUII-drugs cases. Noncompliance with this results in dismissals. In criminal court, the costs associated with bringing in lab personnel to testify gets costly, especially if the samples are sent to a mainland laboratory and cases are continued. The presence of a comprehensive forensic toxicology lab – that tests all types of samples and includes an extensive panel of drugs tested – within the State will help to alleviate a majority of these issues. However, the costs to establish and maintain a new State lab are prohibitive, and the responsibilities associated with operating the lab are daunting. ADJUDICATION ISSUES • There needs to be increased prosecution of DRE cases • There needs to be annual training for judges, prosecutors and other stakeholders to be updated on current trends and common misconceptions • Horizontal Gaze Nystagmus (HGN) is not being admitted into courts Hawaii DUID Blueprint P a g e 8 So what are we going to do about it? A LIVING DOCUMENT This blueprint is a “living document,” intended to be continuously reviewed and updated as trends and circumstances change. It is meant to be used as a guide for all partners, adapting the strategies to their unique expertise, challenges and resources, to achieve progress in successfully addressing the problem of drug-impaired driving. AREAS OF CONCENTRATION Hawaii is taking a multi-faceted, holistic approach to address the ultimate issue of impaired driving. As such, partnerships are key to implementing strategies and achieving progress. We have broken down our strategies into three main areas: 1) Prevention, Education and Communication 2) Enforcement/Adjudication 3) Post-Adjudication Each of these three areas will tackle issues specific to their fields, but there are consistent topics that span all sections, including training, education, funding, legislation, and policy. Of course, partnerships and collaborations amongst the three areas are also essential. Hawaii DUID Blueprint P a g e 9 PREVENTION, EDUCATION & COMMUNICATION STRATEGIES STRATEGIES 1 2 3 4 5 6 7 Conduct educational marketing research Increase public awareness and education on drugged driving (legal and illegal) Educate legislators on the dangers and consequences of drugged driving Develop programs and continue to support best practices, focusing on educating young drivers, families and at-risk groups Identify funding sources and apply for funding Implement widespread and comprehensive educational initiatives to address drug-impaired driving Establish and maintain partnerships to increase drugged driving awareness within the communities, the private business sector and other industries within Hawaii STRATEGY #1: Conduct educational marketing research 1a Identify communication messages to combat the common misperception that users drive better/safer when under the influence of marijuana and that marijuana is safe. “I drive slower, so it must be safer.” “It allows me to concentrate better, so I am a better driver.” “No one has ever died from smoking marijuana.” 1b Assess local application of non-accusatory but strictly informative public education campaign like Colorado’s “Good to Know” campaign 1c Develop “Drive High Get a DUI” public education campaign like Washington State and Colorado 1d Conduct marketing surveys/focus groups to develop public education messaging (different segments of the population may react differently to different messaging) 1e Collaborate with appropriate agencies to obtain correct data to combat common misconceptions Hawaii DUID Blueprint P a g e 10 1f Conduct surveys in Judiciary Driver Education program for convicted OVUII offenders • Initial progress on survey of students on cannabis use; findings include: o 19-61 ages o Mostly recreational use o Majority grow their own cannabis o If purchase, mostly from dealer o Do not believe impairs driving o First time use was 14-16 years old • Future surveys should include questions asking young adults where they hear about drugs; where they get their news from (social media, radio, word of mouth, etc.); and what they believe to be credible sources of information STRATEGY #2: Increase public awareness and education on drugged driving (legal and illegal) 2a Gather existing educational resources from various agencies (Coalition for a Drug-Free Hawaii, NHTSA, etc.) • MADD Conference • TLC PR-developed prescription drug flyer; distribute to pharmacist groups 2b Identify agencies that can implement action items [DOH Alcohol & Drug Abuse Division (ADAD), Judiciary Driver Education Program, etc.] 2c Identify appropriate groups and agencies to disseminate message that driving after ingesting drugs, whether illicit, prescription or over the counter, is a safety risk that can amount to a violation of the law 2d Develop a webinar to be used by state and county agencies to train supervisors on basic detection of drug impairment (webinar may also be used for private companies in the future) 2e Utilize Hawaii Partnership to Prevent Underage Drinking’s (HPPUD) Youth Council, National Prevention Week and social media to expand reach 2f Partner with local businesses to provide traffic safety and DUID education and awareness to supervisors and employees STRATEGY #3: Educate legislators on the dangers and consequences of drugged driving 3a Prepare a motor vehicle crash study using fatal data from FARS and toxicology data from the Emergency Departments 3b Develop a “Day in the Trauma Bay” walk-through experience at Queen’s Medical Center, with a mock scenario of blood draw issues Hawaii DUID Blueprint P a g e 11 STRATEGY #4: Develop programs and continue to support best practices, focusing on educating young drivers, families and at-risk groups 4a Survey existing programs and local resources through HPPUD, Coalition for a Drug-Free Hawaii, NHTSA, etc. 4b Provide training to teachers and driver’s education instructors to recognize alcohol and other drug impairment 4c Promote programs such as the Drug Impairment Training for Educational Professionals (DITEP) to help educators detect drug impairment in students 4d Include drugged driving in driver education, high school programming and employer programs 4e Get youth involved and engaged STRATEGY #5: Identify funding sources and apply for funding 5a Partner with Neurotrauma Fund Board of Directors 5b Tap into marijuana-related funds that have been legislatively appropriated for public safety education campaigns STRATEGY #6: Implement widespread and comprehensive educational initiatives to address drug-impaired driving 6a Partnerships and collaboration between DOH, HDOT, Department of Public Safety and other law enforcement agencies to develop public education campaigns 6b Partnerships with Hawaii’s medical marijuana industry and retail dispensaries to provide education materials and information on personal responsibility and public safety to their clientele 6c Partnerships with local businesses to provide drugged driving and drug impairment trainings to their supervisors and employees 6d Partnerships with local government agencies to provide drugged driving and drug impairment training to their supervisors and employees 6e Request that police departments mention in sobriety checkpoint news releases, media statements, social media placements and local stories that specially trained drug detection officers will be working the checkpoints 6f Request that police departments mention possible involvement of drugs in fatal crash news releases and reports to the media, just like how they notate that speed, alcohol, helmet use and seat belt use may be factors in a crash 6g Publicize Legacy Checkpoints Hawaii DUID Blueprint P a g e 12 STRATEGY #7: Establish and maintain partnerships to increase drugged driving awareness within the communities, the private business sector and other industries within Hawaii 7a Provide training to the community, including medical staff, emergency medical services technicians, etc. to recognize alcohol and other drug impairment 7b Establish and maintain partnerships within Hawaii’s visitor industry to educate key decision makers and stakeholders (Hawaii Tourism Authority, Hawaii Lodging & Tourism Association, Hawaii Visitors Convention Bureau, cruise ship operators, etc.) • Educate on the potential consequences of marijuana legalization; impacts to meetings and conventions business • Educate visitors on the dos and don’ts of ingesting and transporting marijuana (illegal to transport interisland and out of state; permissible locations to consume cannabis; reciprocity rules; drugged driving laws; etc.) 7c Establish and maintain partnerships with homeless advocates to educate on the impacts of marijuana legalization and to provide safeguards for impaired, homeless pedestrians 7d Build upon existing partnerships amongst organizations such as MADD, HPPUD, DTRIC Insurance, Hawaii’s Strategic Highway Safety Plan, State Highway Safety Council, Impaired Driving Task Force, Coalition for a Drug-Free Hawaii, DOH, law enforcement agencies, prosecutors’ offices and the Department of the Attorney General 7e Expand partnerships to include other community coalitions; Department of Education; AAA Hawaii; local hospitals and clinics; medical marijuana dispensaries; Hawaii Bicycling League; People’s Advocacy for Trails Hawaii (PATH); local colleges and universities; local churches; treatment centers; national organizations such as Smart Approaches to Marijuana (SAM); etc. 7f Look for opportunities to publicly recognize outstanding individuals and organizations that have contributed to the prevention and awareness of DUID Hawaii DUID Blueprint P a g e 13 ENFORCEMENT/ADJUDICATION STRATEGIES STRATEGIES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Enact policies and laws to support effective enforcement and prosecution of drugimpaired driving Research a process to provide funding to county law enforcement and substance abuse prevention and treatment programs Explore solutions to current barriers to DUID adjudication Enhance the Traffic Safety Resource Prosecutor (TSRP) program in Hawaii Improve upon prosecution of DUID cases Establish a state lab Improve upon and continue high visibility sobriety checkpoints and media campaigns Improve the quality of the DRE program in Hawaii Improve awareness of drugged driving and provide specialized training for police and prosecutors Educate judges on drugged driving, the Standardized Field Sobriety Tests, the DRE process and validation studies Incorporate drugged driving training into CDL/CMV-related initiatives Improve upon data collection to meet data needs Maintain ongoing communication between DRE Agency Coordinators/DREs and toxicologists Improve upon the use of effective and efficient methods to detect and/or measure the level of impairment of a driver under the influence of drugs STRATEGY #1: Enact policies and laws to support effective enforcement and prosecution of drug-impaired driving 1a Change OVUII statute to expand the definition of drugs to include non-controlled substances 1b Enact legislation for increased penalties for driving under the combined influence of alcohol and drug 1c Enact legislation to make it unlawful for a person who is addicted to the use of any drug to drive a vehicle 1d Enact open container legislation for marijuana 1e Establish a zero tolerance law for all drugs for drivers under the age of 21 Hawaii DUID Blueprint P a g e 14 STRATEGY #2: Research a process to provide funding to county law enforcement and substance abuse prevention and treatment programs 2a Enact legislation to appropriate a percentage of marijuana-related taxes to be used towards drugged driving-related enforcement, training (DRE, ARIDE, DITEP, etc.) and treatment STRATEGY #3: Explore solutions to current barriers to DUID adjudication 3a Enhance conviction rate by improving witness attendance in OVUII cases 3b Increase conviction rate by reducing refusals 3c Re-evaluate procedures related to Administrative Driver’s License Revocation, and improve ADLRO documentation and communication • Streamline processes • Reduce the amount of paperwork, if possible 3d Develop a search warrant system (electronic search warrant would be ideal) 3e Continue to encourage compliance of the mandatory blood draw law 3f Funding for expert witnesses for all impaired driving cases STRATEGY #4: Enhance the Traffic Safety Resource Prosecutor (TSRP) program in Hawaii 4a Encourage all prosecutors and officers to utilize the TSRP as a resource 4b Expand duties and roles of Hawaii’s TSRPs 4c Increase awareness of the TSRP program and its availability as a resource to officers, prosecutors and other traffic safety partners statewide STRATEGY #5: Improve upon prosecution of DUID cases 5a Increase the filing and prosecution of DUID cases 5b Encourage prosecutors to conduct pre-trial meetings and conferences with expert witnesses (DREs and toxicologists) 5c Set up a phone conference with the toxicology expert as early as possible. Send any information/comments/etc. regarding statements of drug ingestion. Share the officer’s observations of the defendant’s driving and behavior. When possible, obtain prescription records for the defendant to assist the toxicologist in their evaluations of the case. 5d Initiate grants to counties for prosecutors dedicated to DUID vertical prosecution to work DUID cases from arrest through sentencing Hawaii DUID Blueprint P a g e 15 STRATEGY #6: Establish a state lab 6a Estimate current toxicology testing and adjudication costs to law enforcement agencies and prosecutors 6b Estimate budget to establish and maintain a state lab 6c Enact legislation to support and fund a state lab STRATEGY #7: Improve upon and continue high visibility sobriety checkpoints and media campaigns 7a Recommend that there be at least one DRE- or ARIDE-trained officer present at roadblocks STRATEGY #8: Improve the quality of the DRE program in Hawaii 8a Establish Hawaii DRE Advisory Committee 8b Streamline and standardize procedures 8c Solicit support from police chiefs and other law enforcement agency leadership • Educate heads of law enforcements agencies and their command staff on how they can utilize a DRE’s skills, either calling a DRE into their investigations or having a certified DRE on their team 8d Promote the use of DREs in more areas, such as in non-traffic criminal investigations, vehicular homicide cases and in crash reconstruction 8e Establish agency policy to have DRE officers present at serious injury and fatal crash scenes, vehicular assaults and vehicular homicides to help with on-scene investigations 8f Coordinate with law enforcement agencies on the development of an on-call response protocol for the investigation of fatal and serious injury crashes 8g Motivate DREs to conduct more enforcement evaluations 8h Increase the statewide average number of enforcement evaluations per year per DRE • Include as performance measure in impaired driving grants 8i Share DRE officers as a resource between jurisdictions and agencies • Implement DRE call-out procedures in each agency and county wide. For example, if no DRE is available from the Sheriff Division on Oahu, HPD or NSA may be called upon to assist. 8j Determine how to retain DREs 8k Incorporate substance abuse treatment recommendations and counseling as part of DRE Certification Nights Hawaii DUID Blueprint P a g e 16 STRATEGY #9: Improve awareness of drugged driving and provide specialized training for police and prosecutors 9a Encourage courtroom training 9b Increase frequency and number of ARIDE trainings statewide 9c Develop a mentorship and “DUI Bootcamp” for all new deputy prosecutors handling impaired driving cases, to include: • SFST or SFST Refresher training • ARIDE • Alcohol workshop • DRE-related training (DRE School, DRE in-service, etc.) • DRE Certification Night • Ride along • Mini mock trial 9d Educate prosecutors on expert testimony and scientific evidence, including how to establish a DRE’s background and qualify such an individual to give expert testimony in court, how to conduct a proper examination of a toxicologist, and how to read a toxicology report 9e Conduct “report writing” and “testifying in court” training for drug-impaired driving cases (officers need to know how to adequately describe “objective signs of impairment” – much different from alcohol-impaired driving cases) 9f Create partnerships and cross trainings within the law enforcement agencies • Work with Vice/Narcotics units in law enforcement agencies to educate Traffic Division officers on the latest drugs on the streets, slang, paraphernalia, etc. • Educate Vice Narcotics on the benefits of DREs to their investigations • Urge law enforcement agencies to require their vehicular homicide unit officers to attend ARIDE 9g Continue to update law enforcement and prosecutors on drug trends, OVUII, equipment changes, etc. 9h Train law enforcement in conducting search warrants 9i Incorporate toxicology strategies into Hawaii’s Strategic Highway Safety Plan; impaired driving committees and task forces; and prosecutor trainings (in-service, legal updates, etc.) Hawaii DUID Blueprint P a g e 17 STRATEGY #10: Educate judges on drugged driving, SFSTs, the DRE process and validation studies 10a Ride alongs, DRE Certification Nights, alcohol workshops, visit to ER, real life experiences 10b Recommend to National Judicial College to include alcohol workshops in trainings to judges 10c Continue to update judges on drug trends, OVUII, equipment changes, etc. STRATEGY #11: Incorporate drugged driving training into CDL/CMV-related initiatives 11a Implement programs such as “Operation Trucker Check” in Oregon, where DREs check CMV drivers at port of entry STRATEGY #12: Improve upon data collection to meet data needs 12a Establish statewide court monitoring program to provide data on OVUII trial results 12b Track annually statewide: • OVUII-alcohol only arrests • OVUII-drug only arrests • OVUII-alcohol and drug combination arrests 12c Incorporate toxicology results into crash analysis 12d Work with agencies (DOH, Judiciary, ADLRO, HDOT, law enforcement, prosecutors, etc.) on collecting better drugged driving-related data STRATEGY #13: Maintain ongoing communication between DRE Agency Coordinators/DREs and toxicologists 13a Encourage DREs to submit their face sheets to the lab 13b Conduct a State BAC and Drug Testing and Reporting Forum to better understand testing, reporting, clarifying roles, and uncover and solve problems 13c Invite toxicologists to attend and teach at DRE/ARIDE trainings to provide additional toxicology information STRATEGY #14: Improve upon the use of effective and efficient methods to detect and/or measure the level of impairment of a driver under the influence of drugs 14a Investigate the possibility of using oral fluid drug screening devices to test for drugs in the field (will require legislation and other special approvals) Hawaii DUID Blueprint P a g e 18 POST-ADJUDICATION STRATEGIES STRATEGIES 1 2 3 4 5 Identify and utilize current and new funding sources for drug abuse treatment and substance abuse treatment programs Increase effectiveness of OVUII laws by researching correctional responses (e.g., probation, DWI Court Program) that enhance a reduction in recidivism and supporting those methods Enact rules or legislation imposing sanctions or consequences for non-compliance of Judiciary Driver Education-referred assessment/treatment Research existing best practices and current legislation in other states to enact similar legislation for enhanced penalties for offenders driving illegally after license has been revoked due to OVUII and driving without a license Support efforts by ADAD to monitor and tighten selection and oversight of Certified Substance Abuse Counselors (CSAC) regarding the assessment process STRATEGY #1: Identify and utilize current and new funding sources for drug abuse treatment and substance abuse treatment programs 1a Enact legislation for a special assessment fee to be used as a funding source for substance abuse prevention and treatment programs 1b Tap into medical marijuana funds that have been legislatively appropriated for substance abuse prevention and education programs STRATEGY #2: Increase effectiveness of OVUII laws by researching correctional responses (e.g., probation, DWI Court Program) that enhance a reduction in recidivism and supporting those methods 2a Enact legislation to fund and establish a permanent DWI Court on Oahu (DWI Court is currently a pilot program) 2b Utilize Oahu’s DWI Court program as a model to establish DWI Courts in the other counties STRATEGY #3: Enact rules or legislation imposing sanctions or consequences for noncompliance of Judiciary Driver Education-referred assessment/treatment 3a Prepare draft bill proposals for future legislative sessions Hawaii DUID Blueprint P a g e 19 STRATEGY #4: Research existing best practices and current legislation in other states to enact similar legislation for enhanced penalties for offenders driving illegally after license has been revoked due to OVUII and driving without a license 4a Consult with national agencies and traffic safety partners to compile a list of best practices and learned lessons from other states STRATEGY #5: Support efforts by ADAD to monitor and tighten selection and oversight of Certified Substance Abuse Counselors (CSAC) regarding the assessment process 5a Partnership between ADAD and Judiciary Driver Education to create an application process and get buy-in from CSACs 5b Create partnerships between ADAD, HDOT, FMCSA, etc. to provide CSACs as a resource for CDL/CMV drivers 5c Incorporate CSACs, Judiciary Driver Education Division and ADAD into impaired driving task forces, committees and trainings Hawaii DUID Blueprint P a g e 20 Next Steps There is much to be done to ensure that Hawaii’s roadways are free of drug-impaired drivers, but this blueprint will serve as a guide for all partners to work collaboratively and effectively. To ensure that our state continues to move forward to combat this preventable problem plaguing our roads, all of Hawaii’s traffic safety partners (including the obvious partners and the not-so-obvious partners) must revisit the blueprint often to: • • • Track progress; Evaluate programs for effectiveness; and Adjust, add and/or revise strategies and action items, as necessary. If you have any ideas or suggestions to further expand and enhance the blueprint, please contact Karen Kahikina in the Hawaii Department of Transportation’s Highway Safety Section via e-mail at Karen.G.Kahikina@hawaii.gov. Resources Ideas, strategies and action items from other resources were considered; customized to apply to Hawaii’s needs and culture; and incorporated into this blueprint. These resources include: • • • • • NHTSA’s “Countermeasures That Work;” Governors Highway Safety Association’s “Drug-Impaired Driving Guide;” Hawaii’s Strategic Highway Safety Plan; Hawaii’s Impaired Driving Task Force Strategic Plan; and The Hawaii Opioid Action Plan Ideas were also generated during brainstorming sessions amongst Hawaii’s traffic safety partners and as a result of attendance at national conferences, such as the Lifesavers Conference; International Association of Chiefs of Police’s Training Conference on Drugs, Alcohol and Impaired Driving; and NHTSA Region 9 Partners and Leadership Training. Hawaii DUID Blueprint P a g e 21 Acronyms Guide This glossary provides a quick reference to the terms, acronyms and abbreviations used in this Hawaii DUID Blueprint. ADAD .............................DOH’s Alcohol & Drug Abuse Division ADLRO ...........................Administrative Driver’s License Revocation Office ARIDE .............................Advanced Roadside Impaired Driving Enforcement BAC .................................Blood Alcohol Concentration CDL .................................Commercial Driver’s License CMV ................................Commercial Motor Vehicle CSAC...............................Certified Substance Abuse Counselor CY ....................................Calendar year DITEP ..............................Drug Impairment Training for Educational Professionals DOH ................................Hawaii State Department of Health DRE .................................Drug Recognition Expert DUI ..................................Driving Under the Influence DUID ...............................Driving Under the Influence of Drugs DWI .................................Driving While Intoxicated FARS ...............................Fatality Analysis Reporting System FMCSA ...........................Federal Motor Carrier Safety Administration GHSA ..............................Governors Highway Safety Association HDOT .............................Hawaii Department of Transportation HGN ................................Horizontal Gaze Nystagmus HPPUD ...........................Hawaii Partnership to Prevent Underage Drinking HRS .................................Hawaii Revised Statutes IDTF ................................Impaired Driving Task Force MADD ............................Mothers Against Drunk Driving NHTSA ...........................National Highway Traffic Safety Administration OVUII ..............................Operating a Vehicle Under the Influence of an Intoxicant PATH ..............................People’s Advocacy for Trails Hawaii SAM.................................Smart Approaches to Marijuana SFST.................................Standardized Field Sobriety Test SHSP................................Strategic Highway Safety Plan THC .................................Tetrahydrocannabinol TSRP ................................Traffic Safety Resource Prosecutor Hawaii DUID Blueprint P a g e 22