Support for Prosecutors and DWI Courts
The success of general deterrence is dependent on an effective adjudication
system. If any part of the system breaks down, individual offenders
will not be subject to consequences, which could weaken general deterrence
and serve as a disincentive to law enforcement. In addition, if DWI
cases are not addressed effectively, offenders will be more likely
to repeat their crimes. To ensure that the system works effectively,
NHTSA is focusing its efforts on supporting both high visibility enforcement,
and also the criminal justice system.
DWI cases are complex and, at least in many jurisdictions, are assigned
to inexperienced prosecutors. Moreover, the turnover rate among prosecutors
is high. According to a 2001 Bureau of Justice Statistics (BJS) survey,
58 percent of prosecutor offices in large districts report problems recruiting
staff attorneys and 72 percent report problems retaining them. A 2002
study by the Traffic Injury Research Foundation (TIRF) reports that 48
percent of prosecutors surveyed believed that the training they received
prior to assuming their positions was inadequate. Encouraging jurisdictions
to assign cases to more experienced prosecutors, and developing an infrastructure
that ensures adequate training and sharing of knowledge among all prosecutors
who handle DWI cases, are critical elements in the effective prosecution
and disposition of these cases.
In addition, many sentences are not completed and there is a high rate
of recidivism among DWI offenders. Drug courts have been established
to closely supervise drug offenders after sentencing to ensure compliance
with sanctions, and they have been successful in reducing recidivism
rates. Similar findings have begun to be observed in DWI courts, which
employ the same type of close supervision used by drug courts for DWI
offenders.
NHTSA’s objective is to enhance DWI prosecutionby establishing
Traffic Safety Resource Prosecutor positions and improving prosecutor
technical support and training in additional States, and to apply the
strategies used in drug courts to DWI cases in additional jurisdictions.
These initiatives will enhance the capacity of prosecutors to successfully
pursue DWI cases, and also build the capacity of judges to ensure that
court ordered sanctions of serious offenders are monitored and completed,
to prevent further recidivism.
Screening and Brief Intervention
Impaired driving is often a symptom of a larger problem: alcohol misuse.
There is compelling evidence, detailed in scientific and medical literature,
that screening and brief intervention is effective in reducing drinking
and impaired driving behaviors among problem drinkers.
More than 100 million people seek care in emergency departments (EDs)
every year. Substantial numbers of patients who visit EDs with injuries
have alcohol use problems; almost one in six traffic crash victims
treated in EDs are alcohol positive and one third or more of crash
victims admitted to trauma centers — those with the most serious injuries — test
positive for alcohol. These patients pose not only a public health problem
but also an opportunity for intervention.
NHTSA will work with physicians and other health care providers to
increase routine screening of adults and adolescent patients for alcohol
abuse problems, and facilitate brief counseling and referral of patients
for treatment of alcohol dependency, as appropriate. To help achieve
this goal, the agency will seek endorsements and enlist the support
of leaders in the medical and health care community. NHTSA will simultaneously
work with medical and health care professionals, develop reference
materials, and provide technical assistance and promote universal adoption
of the practice.
NHTSA’s objective is to achieve endorsement and active promotion
of screening and brief intervention from strategic national health and
medical associations. The agency will work closely with each of these
associations, providing materials and technical assistance as needed,
to establish screening and brief intervention as standard medical practice.