Volume V, Issue 1 TTHEHE DWIDWI CCOURTOURT January 2012 RREPORTEREPORTER

A Publication by the

NADCP GOES TO NASHVILLE NCDC Applauds Reduction in -Impaired

Join the world's Driving Fatalities largest conference On December 8, the National on substance abuse, Highway Traffic Safety mental health and Administration (NHTSA) the criminal justice and the Department of system in Music City Transportation released the on May 30-June 2, 2010 Highway Fatality figures 2012! showing a five percent decline

in the number of alcohol Register now! impaired traffic fatalities, down from 10,759 in 2009 to 10,228. These numbers have declined by nearly 5,600 since 1991. The encouraging drop is message of zero tolerance Alcohol impaired traffic owed to a number of for impaired driving and the fatalities are defined as crashes factors including the importance of designated that involve a driver or diligence of law drivers. enforcement and the Inside This Issue motorcycle rider (operator) NHTSA is expected to effectiveness of our court with a blood alcohol release more comprehensive system. In addition, concentration (BAC) of .08 statistics including numbers awareness groups have grams per deciliter (g/dL) or on hardcore impaired DWI Court—Changing become increasingly Behavior, Changing 2 greater. Lives innovative in promoting the (Continued on page 4) State of Knowledge: Female Drunk Drivers 38 Million American Adults are Binge 2 worthy of our attention and concern. Drinkers By Robyn Robertson Moreover, available research reveals that There is no doubt that males constitute a female DWI offenders may possess some NCDC Briefs Kentucky 3 significant proportion of the drunk driver different characteristics and have different Legislative Task Force problem.1 However, evidence of a treatment needs. As such, there is a need growing number of DWI arrests among for greater understanding of this DWI Court Leadership females and incremental phenomenon and more Award Nominations 4 increases among female defined approaches to Being Taken drivers testing positive for prevention, detection, alcohol in fatal crashes in sentencing, supervision, some jurisdictions in the and treatment of this DWI Court Enhanced Training: Going Beyond 5 United States suggest that population. the Guiding Principles women are an important part of the problem that is (Continued on page 6) Page 2 The DWI Court Reporter

DWI Court—Changing Behavior, Changing Lives

Washington has 39 counties, but only There were so many conditions “It’s helped my office. It’s five DWI courts. In an effort to I thought I’d never make it helped the public defender’s encourage more counties to start DWI through. I hadn’t succeeded at office. It helps the individual. courts, the Washington Traffic Safety too many things. Before, I It’s been an all-win, no-loss Commission created the video, DWI wouldn’t have had a future. situation.” Now the DWI Court program Court—Changing Behavior, Changing DWI Courts—Changing Behavior, has opened up my future. Lives. Changing Lives is available at: http:// Whatever goals I want, I know vimeo.com/19981496 The video is designed to give the I can achieve. The DWI court viewer a solid understanding of the program has shown me how.” need for and benefits of DWI Courts. It tells the successful story of those Interviews with prosecutors and counties in Washington currently county officials appeal to the data operating DWI courts. driven viewer, telling of the benefits DWI courts have, saving resources and Interviews with counselors and clients changing lives: show the huge difference these Courts make in a DWI offender's life: “The DWI court program has lowered the recidivism rate, so “When I first started the DWI it’s helped the community,” Court program I was terrified,” says Spokane County says DWI court graduate,” Prosecutor Brian O’Brian.

38 Million American Adults are Binge Drinkers

New estimates show that is a bigger problem drinks consumed on an occasion is significantly higher than previously thought. More than 38 million U.S. adults among binge drinkers with household incomes less than binge drink, about four times a month, and on average the $25,000—an average of eight to nine drinks per occasion, largest number of drinks consumed is eight. Binge drinking far beyond the amount thought to induce intoxication. is defined as consuming four or more drinks for women Adult binge drinking is most common in the Midwest, New and five or more drinks for men over a short period of England, the District of Columbia, Alaska, and Hawaii. On time. average, however, the number of drinks consumed when As reported in the Center for Disease Control (CDC) Vital binge drinking is highest in the Midwest and southern Signs, the CDC found that those who were thought less Mountain states (Arizona, Nevada, New Mexico, and Utah), likely to binge drink actually engage in this behavior more and in some states— such as Louisiana, Mississippi, and often and consume more drinks when they do. While binge South Carolina—where binge drinking was less common. drinking is more common among young Binge drinking is a dangerous and adults aged 18–34 years, binge drinkers costly public health problem. aged 65 years and older report binge drinking more often—an average of five  Most alcohol-impaired drivers to six times a month. Similarly, while binge drink. binge drinking is more common among those with household incomes of  Most people who binge drink are $75,000 or more, the largest number of not alcohol dependent or alcoholics.

(Continued on page 8) Volume V, Issue 1 Page 3

NCDC Briefs Kentucky Penal Code and Controlled Substance Act Task Force

Task Force hears about DWI Courts as solution for repeat

A task force established to provide the emphasizing accountability through a offenders graduating from three DWI Kentucky Interim Joint Committee on combination of strict supervision and Courts in Georgia were 65% less likely Judiciary and the Legislative Research intensive treatment aimed at to be re-arrested for a new DWI Commission with recommendations permanently changing criminal offense, preventing between 47 and for alternatives to behavior. 112 new repeat DWI arrests. Research incarceration heard testimony Kentucky is from Michigan has found that DWI in November from David currently home Courts save the criminal justice system Wallace, Director of the to 89 Drug time and money compared to National Center for DWI Courts but no traditional courts. DWI Courts. Courts (NCDC) and Matt The National Center for DWI Courts “Kentucky’s Stanton, Vice President of is the only national training and strong Drug Corporate Affairs and advocacy organization for DWI Courts Court Corporate Social and was founded through a infrastructure Responsibility for Beam Inc. partnership between NADCP and can provide the The Penal Code and Beam, Inc in 2007. In the years since, backbone for Controlled Substance Act the number of DWI Courts has the Task Force was urged to increased by 170%. development look closely at DWI Courts as Kentucky State Capitol a solution for repeat drunk of a sustainable Communities in the Commonwealth driving and the social and economic DWI Court program,” said David of Kentucky have embraced the Drug devastation it causes. Wallace. “This task force has an Court model and it is hoped that the opportunity to make a significant task force will consider extending this Nationally, there are over two million impact on Kentucky’s criminal justice model to tackle the problem of drivers with three or more DWI system by changing the way hardcore hardcore drunk driving in Kentucky. convictions and repeat drunk drivers DWI offenders are handled. DWI are overrepresented each year in Courts have demonstrated unparalleled DWI Courts are supported by a wide alcohol-related crashes. In Kentucky, results with this population. They are a range of national organizations and repeat drunk drivers were responsible proven strategy Federal agencies, including the for 73% of drunk driving fatalities that saves lives National over the last five years. One-third of and tax dollars.” “Kentucky’s strong Transportation the 20,000 people arrested in 2009 for infrastructure can provide the Safety Board Though DWI (NTSB). NTSB drunk driving were repeat offenders. backbone for the development DWI Courts are designed exclusively Courts have not submitted a written of a sustainable DWI Court for drunk drivers with clinical alcohol been in statement to the dependence, most commonly those existence as long program,” said NCDC Director panel, further with repeat DWI convictions or a as Drug Courts, David Wallace. highlighting the (BAC) of .15 there is a effectiveness of or higher at arrest. There are currently growing body of DWI Courts and the over 560 DWI Courts in operation research supporting their effectiveness importance of implementing a nationwide. at reducing recidivism and saving comprehensive strategy to reduce money. Mr. Wallace testified that drunk driving. DWI Courts operate similar to the recent research concluded that DWI highly successful Drug Courts, Page 4 The DWI Court Reporter

DWI Court Leadership Award Nominations Being Taken

The NCDC is now taking  The person and/or organization  The person nominated and the applications for the 2012 National contributed to the advancement nominating individuals must be DWI Court Leadership Award. of the nation’s DWI Court current members of NADCP. This award shines a spotlight of effort, and demonstrated These three individuals should be well commendation on an individual and/ significant personal leadership acquainted with the person being or organization who through their and exemplary performance nominated for the award. They should tireless efforts have saved countless through both specific results and be able to articulate in writing why the lives and made communities a safer public recognition at the local, nominee should receive the award. They place. The nominee must meet the regional, state, or national level; should also be ready to discuss their eligibility requirements listed below. and nominee with the Director of the The qualifications of the nominee National Center for DWI Courts. must be outlined in letters of  The person is living and has not nomination from three (3) different won before; and Important Dates DWI Court professionals.  The person and/or organization Nominations should be submitted to the Eligibility requirements and must be named in a letter of Director of the National Center for guidelines nomination from three separate DWI Courts no later than March 19, DWI Court practitioners, 2012. The winner will be announced The nomination must meet the articulating how the nominee following four criteria to be meets the foregoing criteria; and (Continued on page 8) considered:

NCDC Applauds Reduction in Alcohol-Impaired Driving Fatalities

(Continued from page 1) “The National Center for DWI Courts DWI Courts protect public safety by applauds the reduction in alcohol using the highly successful Drug Court drivers early this year, however there impaired driving fatalities” said David model, which blends accountability and remains concern that hardcore Wallace, Director of the National long-term treatment to address the root impaired drivers, those Center for cause of repeat and high BAC impaired with a BAC of .15 or DWI Courts, driving: alcohol and other substance higher or a previous “however we dependency. Participants are intensely DWI conviction, will 2010 Highway Fatality figures believe that supervised, regularly and randomly continue to pose a show a five percent decline in more must be tested for alcohol use, required to appear significant threat to the number of alcohol-impaired done to weekly in court, and receive incentives public safety. The traffic fatalities, down from ensure that for doing well and sanctions for not group is traditionally hardcore living up to their obligations. 10,759 in 2009 to 10,228. overrepresented in impaired There are now more than 560 DWI traffic fatalities. In drivers do not Courts in the United States. Their 2009 hardcore continue to growth has been due, in part, to their impaired drivers were involved in 70 pose such an overwhelming danger on success at reducing recidivism among percent of all fatal alcohol impaired our roads. Clearly, traditional sanctions hardcore impaired drivers and saving crashes. Across the nation there do not work for this population; we valuable criminal justice resources. remain more than two million must look to DWI Courts as a solution impaired drivers with three or more designed specifically to permanently DWI convictions and 400,000 with change their behavior.” five or more. Volume V, Issue 1 Page 5

DWI Court Enhanced Training: Going beyond the Guiding Principles and Key Components

By: Brenidy Rice and meeting with several DWI Court networking lunch was integrated into teams around the State. the program. However, it was The Colorado Judicial Department apparent this time was The enhanced areas State Court Administrator’s Office not long enough and of focus presented at planned and hosted a DWI Court perhaps a scheduled, the conference were Enhanced Training. This was the first facilitated, breakout the treatment training of its kind in Colorado as it discussion with each of continuum for the focused solely on DWI Courts and the team member roles multiple DWI almost every Colorado DWI Court would have added value offender, overcoming team was represented. The to the experience. conference was made possible barriers to effective through technical assistance (TA) treatment, Participant feedback from the National Center for DWI community also indicated team- Courts (NCDC) and a grant from supervision, drug building sessions were the Colorado Department of testing, advanced important to the Transportation (CDOT). psychopharmacology, training. Frequently, operating in rural Jon Crowder leading a teams do not have time This was an advanced training that areas and effective team-building activity using to get together without focused on how to successfully operate teamwork and an egg shaker. other agendas to work a DWI Court through a coordinated planning. on functioning as a team effort and the unique elements team, build trust and address any Overall, evaluation scores indicated the required in treating the multiple DWI underlying issues. This training program relayed pertinent and offender. There were nine DWI Court provided the opportunity to learn applicable information to participants. teams present at the training with about and apply team dynamics to However, feedback clearly indicated almost 100 people attending including one’s own team, in addition to the need to include basic information the DWI Court Judge, Prosecutor, participating in a unique team-building about DWI Courts to more effectively Public Defender/Defense Counsel, program that involved playing musical build the foundation for the advanced Coordinator, Treatment, Researcher/ instruments as a group. Although this material. The important lesson from Evaluator, Law Enforcement and required many people to go outside of this experience is Probation. their comfort zone, the response was presentation of building overwhelmingly positive. The need block material such as for this type the 10 key guiding DWI Courts present unique challenges of training principles, basic DWI and require targeted, multi-discipline became Court program structure cross training in order to build a apparent and research on the program that is effective. The 2011 after the efficacy of DWI Courts DWI Court training proved to be a DWI Courts cannot be reviewed too good start to providing research-based, were many times. Several DWI-specific information to all teams surveyed comments also indicated with the hope of expanding and around the state. The survey included the networking opportunities were deepening the knowledge this training questions about adhering to the key invaluable and many participants can provide in the future. components and guiding principles, requested more scheduled Editor’s Note: Ms. Rice is the Colorado current operations and needs. The opportunities to connect with DWI Court State Coordinator and as such results of the survey overwhelmingly colleagues from other DWI Courts. In provides statewide coordination of Problem showed a need and desire for DWI planning the conference, the value of Solving Courts including strategic planning, Court-specific training. This need was connecting with other practitioners sustainability, training and technical further emphasized after observing was determined to be important and a assistance for local programs. Page 6 The DWI Court Reporter

State of Knowledge: Female Drunk Drivers

(Continued from page 1) An examination of alcohol crash data  The average age of a female drunk from the U.S. Fatality Analysis driver is 31, although this fact is Reporting System (FARS) indicates drawn from older research.9 To address this gap, the Traffic that the involvement of female drivers Injury Research Foundation Generally, rates of involvement in in alcohol impaired road crashes has alcohol related motor vehicle (TIRF) has released a new report remained fairly stable with incremental entitled “State of Knowledge: Female crashes decrease with increases. age, and the population Drunk Drivers” under funding from Females Research indicates that The Century Council. The report of greatest concern is accounted for there is a need to treat a often young females.10 describes the magnitude of the female 12% of alcohol drunk driver problem, the significant part of the In particular, the impaired drivers increasing involvement characteristics of these offenders, the female drunk driver in the 1980s, 13% of young women with current involvement of female drivers in the 1990s, and population for mental health testing positive for alcohol in fatal alcohol, in combination 14% in the 2000s. problems. crashes, and what is known about with their inexperience Since 2006, the with driving and their effective strategies to manage this percent of women drivers who tested population. growing propensity for risky positive for any amount of alcohol in driving,11 warrants attention and Magnitude of the problem fatal crashes has averaged 16% and in further research. 2008 there were 1,837 fatalities in Data from a number of different crashes involving a alcohol impaired  Research indicates that there is a sources reveal that a relatively small female driver.5 Of interest, it has been need to treat a significant part of the percentage of females self-report argued that the incremental increases female drunk driver population for drinking and driving (10-20%) and in female drunk drivers in crashes is mental health problems. Female that this number has been stable for due to sharper declines in male DWI offenders have significantly many years.2 However, there is compared to female rates of DWI higher psychiatric co-morbidity growing data to suggest that DWI from the 1980s to the 1990s.6 relative to their male counterparts.12 arrests for women have risen Diagnoses of anxiety, depression nationally, especially in some Characteristics of Female and post-traumatic stress disorder jurisdictions, in the last three Offenders (PTSD) are common among female decades.3 To illustrate, in 1980, just For the most part, the profile of impaired driving offenders. The use female drunk driving offenders differs of drugs also appears to be somewhat from that of male drunk somewhat common among female driving offenders, yet they also share impaired drivers.13 some common characteristics.  Many female DWI offenders who  A substantial proportion of female were admitted to addiction drunk drivers experience alcohol treatment had multiple factors that problems; furthermore the gravity contributed to their alcohol and complexity of those problems consumption including a history of is not insignificant.7 Females tend within the family, 9% of those arrested for DWI were to develop substance abuse experience with abuse, anxiety and female; this percentage rose to nearly problems older than men do. They depression, and family and personal 15% by 1996 and 20% by 2004. The also tend to develop them faster relationships that encouraged heavy number of female DWI arrests has than men and require medical drinking.14 risen nationally by 28.8% between intervention on average four years (Continued on page 7) 1998 and 2007.4 earlier.8 Volume V, Issue 1 Page 7

State of Knowledge: Female Drunk Drivers

(Continued from page 6) Features of effective programs include: To access the executive summary or full report on Female Drunk Drivers,  Access to substance abuse click here, or contact Sara Oglestone, Effective Programs and Practices treatment could be enhanced by Manager of Marketing and providing childcare and family Little is known about the effectiveness Communications at [email protected] or services to women, including of programs and interventions for 1(877) 238-5235. convicted female drunk drivers, transportation.18 Editor’s Note: Ms. Robyn Robertson is although data illustrate that women  Customized treatment to President and CEO of the Traffic Injury account for 15-25% of DWI offenders address each person’s particular Research Foundation (TIRF), a charitable, in traditional drunk driving programs needs.19 such as alcohol monitoring and DWI independent road safety institute. TIRF is a  Individual counseling should be courts. Available research mainly world leader in research, safety programs, and offered to women when focuses on treatment effectiveness policy development. possible.20 among substance abusing females.  Women-only programs should Endnotes be made available when 1. Argeriou et al. 1986; Jones and possible, and when not, the Lacey 2001; Zador et al. 2000; option of women-only groups Mayhew et al. 2003. should be offered.21 2. Drew et al. 2010; Royal 2003; Schwartz and Rookey 2008;  Programs which address the Wilsnack et al. 1984. needs of different sub-groups of 3. NHTSA 2009a; Schwartz and offenders may be more Steffensmeier 2007. beneficial than gender-specific 4. Lapham et al. 2000; Schwartz and programs alone.22 Rookey 2008. Once in treatment, there is little Conclusion 5. NHTSA 2009a. general difference between males and 6. Schwartz and Rookey 2008. females in terms of effectiveness, In summary, female drunk drivers are 7. White and Hennessey 2006. including program retention, a problem that is worthy of our 8. Green 2006; McMurran et al. 2011. completion and outcomes.15 attention and concern, and more research about what works with female 9. Shore and McCoy 1987. A review of studies examining drunk drivers in relation to the 10. Peck et al. 2008. substance abusing women in treatment effectiveness of traditional sanctions is 11. Lynskey et al. 2007; Tsai et al. 2010. found that certain characteristics are needed. Much of the available research 12. Maxwell and Freeman 2007. associated with better outcomes in about this population is outdated, and 13. Maxwell and Freeman terms of treatment retention and renewed efforts to examine this 2007;SAMHSA 2005. completion for both men and women. population can do much to inform the 14. White and Hennessey 2006. These characteristics include lower development of effective programs 15. Greenfield et al. 2007. levels of psychiatric symptoms, higher and practices targeted towards the 16. Greenfield et al. 2007. income, being employed, having risks and needs of this population. In 17. Greenfield et al. 2007. higher levels of education, and social particular, greater understanding of 18. Green 2006. supports, as well as having personal what particular components of 19. Freeman et al 2011. and social stability.16 However, many treatment produce better outcomes 20. Sun 2006. of these predictors vary by gender and and what specific features contribute 21. Grella and Greenwell 2004. have been found to be associated with to change23 can inform efforts to 22. Tsai et al. 2010. women’s retention in substance abuse address this problem. treatment.17 23. Sun 2006.

DWI Court Leadership Award Nominations Being Taken

(Continued from page 4)

Making Your Community A Safer Place during the NADCP 18th Annual Training Conference, 1029 North Royal Street May 30-June 2, 2012, in Nashville, TN. Suite 201 Alexandria, Virginia 22314 A nomination can be made on the nomination form Phone: 703-575-9400 found on the NCDC website at: www.dwicourts.org/ Fax: 703-575-9402 learn/national-dwi-court-leadership-award or in a E-mail: [email protected] separate letter. Submissions can be faxed to David Wallace, Director of the NCDC at (703) 575-9402, sent The Center is supported by by email to [email protected], or by mail to the a charitable contribution NCDC at 1029 North Royal Street, Suite 201, from Beam, Inc. Alexandria, VA 22314. Note: Some applications received the last two years were not submitted by NADCP members and thus were not considered. For the application to be considered, please be sure that all three of the individuals We’re on the web submitting the application and the person nominated are current members. www.dwicourts.org

38 Million American Adults are Binge Drinkers

(Continued from page 2)  More than half of the alcohol adults drink is while binge drinking.

 More than 90% of the alcohol youth drink is while binge drinking. Binge drinking costs everyone.

 Drinking too much, including binge income from taxes on alcohol drinking, causes more than 80,000 totaled only about 12 cents per  The chance of getting sick and deaths in the United States each year. drink. dying from alcohol problems increases significantly for those  Drinking too much, including binge  Drinking too much contributes to who binge drink frequently and drinking, cost the United States more than 54 different injuries and drink more alcohol when they $223.5 billion in 2006, or $1.90 per diseases, including car crashes, do it. drink, from losses in productivity, violence and sexually transmitted Editor’s Note: This article was obtained health care, crime and other diseases. Over time, binge drinking from CDC’s Vital Signs. For more expenses. also can lead to liver disease, certain information on this and other similar cancers, heart disease, stroke, and  Binge drinking cost federal, state, and topics go to: many other chronic health www.cdc.gov/vitalsigns/BingeD local governments about 62 cents per problems. drink in 2006, while federal and state rinking/index.html.