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1. Social Control of the Drinking Driver

   Professor Mary Sheehan AO ICADTS, T2010, Oslo, August 24, 2010. CRICOS No. 00213J
2. Acknowledgements CARRS-Q team members: Professor Vic Siskind, Statistician Rebekah Chapman, NHMRC PhD Scholar Dr Lisa Buckley, Postdoctoral Fellow Nicole Allenden, Research Officer
3. OVERVIEW Terminology – 1988 Chapter issues – 1988 Key policy initiatives Chapter issues revisited – 2010 Terminology -2010 An ongoing challenge - A new Scandinavia? A tribute CRICOS No. 00213J
4. Terminology CRICOS No. 00213J
5. Chapter 1: The Alcohol-Crash Problem Alan C. Donelson Deterrent-based approaches are insufficient to produce change Focus has been on alcohol and the drunken driver but rarely on the social and cultural environment Need strategies in the “war against drunk drivers” not just tactics Need long-term comprehensive systems approaches Need systems approach and strategies not just tactics CRICOS No. 00213J
6. Chapter 2: The Scandinavian Experience Johannes Andenæs The feature of the Scandinavian system is the per se legislation Increasing movement to relying less on the strength of the sanction and more on increasing the likelihood of detection Our present drinking customs with their production of problem drinkers means we have to live with drunken driving as an important cause of traffic accidents Successful Scandinavian policy based on the “per se” laws and increasing the likelihood of detection. CRICOS No. 00213J
7. Chapter 3: Deterrence-based Policies in Britain, Canada and Australia H. Laurence Ross [the devil’s advocate] Focus on deterrence-based countermeasures leads to concentration on human factors and the deviant minority We fail to use institutional countermeasures (increasing taxes, restricting advertising, pressure on vehicle manufacturers). If drunk driving was eliminated the death rate might be reduced by a quarter, but if cars had operational airbags it may be reduced by half If it is easier to install airbags than to reduce drink driving a policy favouring the former should be used - Challenge the priority of individual person solutions over institutional countermeasures - Personal change (reduced drunk driving) may be less effective than vehicular modifications (airbags). CRICOS No. 00213J
8. Chapter 4: Drinking-and-Driving Laws in the Federal Republic of Germany and the Netherlands Gunter Kroj Changing dominant attitudes and introducing new behavior modes of drink-driving control will be long and difficult. Control and actioning have to be integrated still more effectively into a broad range of educational measures and safety campaigns The Dutch practice of random alcohol tests should be legalized in Germany. The Dutch practice of random alcohol tests should be legalized CRICOS No. 00213J
9. Chapter 5: The Control of Drinking-Driving in the United States: A Period in Transition? Joseph R. Gusfield Current period [70’s-80’s] uniquely reflects a ‘new temperance’. The moral drama of drinking driving has been the most vital force at work [RID,MADD] Federal entry into traffic safety and alcohol policy is important Young people have status as a “dangerous class” in America…and are a relatively weak political group. A logical safety conclusion would extend the minimum drinking age to 25 and exclude all women from such legislation. A possible technological solution to DUI is at the inaugural trial stage for use with recidivists in several American cities. (interlocks) - The moral drama (RID, MADD) is the most vital force for change - Young people being targeted CRICOS No. 00213J
10. Chapter 6: The Legal Context in the United States Michael D. Laurence Two unique influences on drunken driving countermeasures: US Federal system Bill of Rights National perception that drunken driving should be eradicated and the response reflects these two influences In turn controlling drunken driving has had effects in turn on both the federal system of government and the protections guaranteed under the constitution. Increase or maintain perception that drunken driving should be eradicated CRICOS No. 00213J
11. Chapter 7: The Effects of Changes in Availability of Alcoholic Beverages RagnarHauge Strikes in State Wine and Spirits Monopoly and closing of liquor shops on Saturdays in Norway and Sweden showed no effect on drunken driving. Great increase in Norway and Denmark in post-war consumption of alcohol has not lead to comparable increases in drunken driving. Violations are severely punished, permanent and relatively low BAC limits Acceptance of statutory provisions and high degree of acceptance that drunken driving is objectionable. Predict that countries where these factors don’t exist will be far more affected by the total alcohol consumption in the population. The impact of total alcohol consumption is moderated by acceptance of statutory controls and acceptance that drunken driving is objectionable CRICOS No. 00213J
12. Chapter 8: Deterrence of Alcohol-impaired Driving: An Effect in Search of a Cause John R. Snortum From 1981 to 1985, state legislatures passed 478 new laws amidst rising expectations about the prospects for controlling the alcohol-impaired driver (National Commission Against Drunk Driving 1985). Alcohol-impaired driving is highly resistant to social control and the majority of interventions have failed to demonstrate deterrent gains. Short term benefits have been demonstrated by license actions. Intensive law enforcement with media support can deliver non-trivial, short term benefits under optimal conditions. Random Breath testing in New South Wales appears to have broken “previous endurance records” for deterrence effectiveness. - Only short term benefits from licence actions, intensive law enforcement with media support - Random Breath Testing in New South Wales may have longer effect CRICOS No. 00213J
13. Chapter 9: The Impact of Insurance and Civil Law Sanctions on Drunk Driving James B. Jacobs Tort and insurance law covers: Liability for property and personal injuries resulting from accidents Awarding punitive damages to victims Expanding the scope of liability to commercial alcohol dispensers and social hosts is unlikely to have much effect If insurance companies perceive a demand for social host liability insurance they will attempt to market it Low impact other than on people protecting themselves financially against legal outcomes. Insurance measures will have low impact CRICOS No. 00213J
14. Chapter 10: Programs to Change Individual Behavior: Education and Rehabilitation in the Prevention of Drinking and Driving Robert E. Mann, Evelyn R. Vingilis, and Kathryn Stewart Countermeasure approaches must understand the independent and interactive influences of both personal factors and environmental factors. The most effective way to combat a complex social problem like drinking and driving is to introduce a set of complementary person and environment based countermeasures Effective social control will make judicious use of both education and rehabilitation, and environment management countermeasures such as stricter laws, random breath testing, alcohol control, improved vehicle and road design. Effective solutions should use complementary person based (education and rehabilitation) and environment based (RBT) countermeasures. CRICOS No. 00213J
15. Chapter 11: The Economic Perspective on Controlling the Drunken Driver Harold L. Votey The challenge is not to conduct more tests of the deterrence or control hypothesis, but to improve techniques of benefit-cost assessment before one prescribes the best mix of sanctions Alternative sanctions need to be evaluated in a consistent framework in which one can be truly matched against another. Methodologies applied to accident modelling would make the calculation of marginal benefits and costs possible. More benefit-cost research needs to be done on particular policies CRICOS No. 00213J
16. Chapter 12: Drinking-Driving Intervention Strategies: A Person-Situation-Behavior Framework E. Scott Geller and Galen R. Lehman The environmental context within which drinking occurs has received much less attention than the individual drinker and driver as persons. Relatively minimal research into the effect of environmental variables (including Beer labels, Low alcohol beer, drinking at bars, Happy hours, size of drinking group, glasses vs. pitchers, servers). The role of person variables in excessive drinking and DUI complicates the development of broadly based intervention strategies to control drinking and driving. Interventions should be targeted to the individual and their personal drinking environment CRICOS No. 00213J
17. Chapter 13: Emerging Technologies for Controlling the Drunk Driver Robert B. Voas Many self testing devices are unreliable and appear to have limited acceptance Recommend in-vehicle testing as more robust An alcohol safety Ignition Interlock system must be seriously considered The passive sensor can be used by police as a screening tool Field sobriety tests have been found to be surprisingly effective (using .10 BAC) Field tests of the Electronystagmograph are beginning to measure impairment Evidential breath-testing devices have a high level of sophistication and accuracy. In- home monitoring being tested and needs evaluation Automated License checking and tagging vehicles and drivers should be tested. - The development and testing of technologies for passive control, detection and monitoring is strongly supported - Ignition Interlock Systems must be seriously considered. CRICOS No. 00213J
18. Key policy initiatives Alcohol: No Ordinary Commodity: Research and Public Policy. 2010. Second edition, Oxford University Press. Countermeasures that work: a highway safety countermeasure guide for state highway safety offices, NHTSA. Shults, RA, Elder, RW, Sleet, DA et al. (2001). Reviews of evidence regarding interventions to reduce alcohol-impaired driving. Am J Prev Health 2001; 21(4s): 66-88. WHO (2004). Global Status Report: Alcohol Policy CRICOS No. 00213J
19. Economics of Countermeasures - Insurance measures will have low impact. - More cost benefit research needs to be done on particular policies. “Little economic evaluation information was available. Research is warranted” Shultz et al pg 81
20. Person or Institutional change - Challenge the priority of individual person solutions over institutional countermeasures. - Personal change (reduced drunk driving) may be less effective than vehicular modifications (airbags).
21. Comparison of countermeasures From 1982 – 2001 in the U.S., 153,168 lives were saved by decreased drinking and driving. This is more than the combined numbers of lives saved by increased use of: Seat belts 129,297 Airbags 4,305 Motorcycle helmets 6,475 Bicycle helmets 239 TOTAL 140,316 Extracted from Hingson (2009)
22. Comprehensive system change - Effective solutions should use complementary person based and environment based measures. - Need systems approach and strategies not just tactics. - Interventions should be targeted to the individual and the drinking environment.
23. Countermeasures that work (NHTSA, 2007)
24. Countermeasures that work (NHTSA, 2007) CRICOS No. 00213J
25. Countermeasures that work (NHTSA, 2007) CRICOS No. 00213J
26. Personal drinking environment Interventions should be targeted to the individual and their personal drinking environment “Open-container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage by motor vehicle drivers or passengers”
27. Alcohol Interlocks - The development and testing of technologies for passive control, detection and monitoring is strongly supported - Ignition Interlock Systems must be seriously considered
28. USA Used in majority of states in varying ways and types of offenders Canada Mandatory in some jurisdictions and linked with rehabilitation programs Europe Used and tested in a large number of countries Sweden Mandatory for post conviction, used in vehicle fleets and being investigated as standard for all vehicles Australia Mandatory for recidivists in 4 states CRICOS No. 00213J
29. Novice Drivers Young people being targeted
30. Australia Majority of states USA Majority of states Europe A number of countries Graduated Driver Licensing
31. Drinking Age Minimum drinking age 18yrs – USA since 1987 Zero tolerance for novice drivers - Australia and widely established in Europe BUT Only 19 of 139 countries with BAC limits have lower limits for novice drivers
32. Drink driving “should be eradicated” The moral drama (MADD and RID) is the most vital force for change. Increase or maintain perception that drunken driving should be eradicated. Successful Scandinavian policy based on the “per se” laws and increasing the likelihood of detection. Random alcohol tests should be legalized following the Dutch practice. Random Breath Testing in New South Wales may have longer effect.
33. Percentage of fatally injured motorists with a BAC of .05 or more in Australia (1981-2006)
34. Factors most often leading to road crashes: drink driving, 1993 - 2009 Communityperceptions – Australia % Source: Wave Survey 2009
35. Australia - last 6 months, 1993 – 2009European countries – last 3 years, 2003 Exposure to RBT % SE: 41 NE: 37 UK: 9 Source: Wave Survey 2009
36. 2004 Global Status Report: Alcohol Policy CRICOS No. 00213J
37. 2004 Global Status Report: Alcohol Policy BAC level and RBT CRICOS No. 00213J
38. Terminology – 2010 CRICOS No. 00213J
39. The ongoing challenge The impact of total alcohol consumption is moderated by acceptance of statutory controls and acceptance that drunken driving is objectionable
40. Alcohol in Fatal Crashes (WHO reports – 93 countries) In 29% of countries, 30% or more of fatal crashes involved alcohol WHO recommends 0.05% legal BAC Only half of countries with legal BAC limits have a BAC of 0.05% or lower Extracted from Hingson (2009) CRICOS No. 00213J
41. MV mortality rates by relative alcohol price ranking US Sp. Port. Fr. NZ It. MV Mortality Rates (WHO, 2002) Au. Ire. Cz. DK Ge. Aust. Can. Fin. Nor. Ice. UK NR Swe. Swz Price ranking with respect to GDP(WHO, 2004) (alcohol most commonly consumed) CRICOS No. 00213J
42. MV mortality rates by relative alcohol price ranking US Sp. Port. Fr. NZ It. MV Mortality Rates (WHO, 2002) Au. Ire. Cz. DK Ge. Aust. Can. Fin. Nor. Ice. UK NR Swe. Swz Price ranking with respect to GDP(WHO, 2004) (alcohol most commonly consumed) CRICOS No. 00213J
43. A new Scandinavia – Japan? In June 2002: BAC went from 0.05% to 0.03% Fines went from US$425 to US$4250 Bartenders and passengers culpable in addition to arrested drivers.
44. For Johannes Andenaes Scholar and Teacher CRICOS No. 00213J