Summary of Responses to Drug-Impaired Driving
The table below summarizes the responses to drug-impaired driving, the mechanism by which they are intended to work, the conditions under which they might work best, and some factors to consider before implementing a particular response. It is critical that you tailor responses to local circumstances and that you can justify each response on the basis of reliable analyses. In most cases, an effective strategy will involve implementing several different responses. Law enforcement responses alone are seldom effective in reducing or solving the problem.
Response No. | Response | How It Works | Works Best If… | Considerations |
---|---|---|---|---|
Legal/Administrative Responses | ||||
1 | Implementing per se (aka "zero-tolerance") laws | Increases the probability of successful prosecution of offenders; subjects more drug-impaired drivers to arrest and prosecution; communicates societal intolerance for drug-impaired driving | ...states or countries are interested in strong enforcement policies and are not as concerned about the inadequacies of current field-testing protocols | Some drivers who are not actually impaired will still be punished, perhaps harshly, depending on the location and local laws; false positives may affect a small minority of drivers; legality of enforcement of these laws may be challenged; drugimpaired drivers using prescription or over-the-counter medications may not be included |
2 | Developing drug-impaired driver courts | Holds offenders accountable for future substance use and offending; ensures closer monitoring of offenders in an effort to prevent repeat offending | ....offenders are at high risk for recidivism or have had more than one arrest for driving while impaired | Establishing drugimpaired driver courts can require significant time and start-up resources, although these courts are often cost effective in the long run |
3 | Implementing or improving on-site, point-of-contact (field) drug-testing devices and protocols | Improves prosecution success and ensures that drug testing occurs near the time and place of the offense, which improves validity of test results | ....the devices are user- friendly, cost effective, accurate, and reliable | There are a number of technological devices available and still evolving, so police agencies will need to keep pace with ongoing innovations; the technology is still in development and may not accurately assess newer drugs or certain categories of drugs |
4 | Standardizing lab- and field-testing protocols | Facilitates successful testing protocols that can withstand legal scrutiny; increases probability of conviction | ....agencies know how to handle testing samples and have the resources to handle them | While some guidelines for standardizing such protocols are evolving, many jurisdictions operate independently; therefore, standardization among many jurisdictions remains challenging |
5 | Suspending, restricting, or revoking driving privileges | Deters other potential offenders by threat of punishment; limits offending by controlling opportunities to drive a vehicle | ....police, prosecutors, and courts have the resources to adequately enforce violations | Repeat offenders and those with persistent substance abuse problems are less likely to be deterred and will often continue to drive while impaired despite repeated administrative or legal restrictions; police, prosecution, and judicial resources for enforcement are often scarce |
Enforcement Responses | ||||
6 | Implementing high-visibility enforcement, including sobriety checkpoints | Increases risk of apprehension at high-risk times and places; raises public awareness of drug-impaired driving | ....police are able to identify offending patterns at high-risk times and places | Legal challenges regarding sobriety checkpoints are likely to hinder implementation in some jurisdictions; can be resource intensive |
7 | Training police officers to be drug recognition experts | Increases likelihood of successful prosecution and ensures that suspects are treated fairly but tested accurately | ....scale of drug-impaired driving is sufficiently large to justify training costs; prosecutors' evidentiary requirements are satisfied | Legal challenges to admission of collected evidence will consume court and officer time; training costs can be substantial |
Restricting Vehicle Access | ||||
8 | Impounding, immobilizing, or confiscating vehicles or vehicle license plates of drug-impaired drivers | Prevents offenders from driving their own vehicle or increases likelihood of being stopped by police for driving without a license plate | ....clearly authorized by law | Legal challenges may surface, as well as concerns about excessive punishment (e.g., for first offenders); costs associated with vehicle confiscation might be substantial |
Reducing Drug Use | ||||
9 | Mandating drug treatment for all drug-impaired drivers | Reduces likelihood of recidivism by reducing demand for illicit drugs | ....treatment programs are properly matched by drug type and offender's needs | Treatment does not have to occur in lieu of punishment, but punishment without treatment may be less effective; treatment costs are substantial |
10 | Using electronic-monitoring devices to closely track repeat drug-impaired driving offenders | Increases offenders' risk of drug detection and apprehension | ....employed in conjunction with driving restrictions and drug use monitoring | Start-up costs may be expensive, but ongoing costs of electronic monitoring are generally more reasonable than incarceration costs; requires staff time to monitor offenders and apprehend them, if necessary |
Education and Prevention Responses | ||||
11 | Conducting public-awareness campaigns directed at the general population and targeting high-risk populations | Draws attention to dangers and consequences associated with drug-impaired driving | ....targeted to high-risk populations, including youths, college students, first-time offenders, drug users, the elderly, and in jurisdictions that have relaxed drug laws (including those permitting medical marijuana); message is deemed credible by intended audience | Campaigns with multiple message points and sponsors may be more effective; costs may be substantial and benefits limited |
12 | Mandating drug-impaired driving education and prevention programs for high-risk drivers | Focuses on education and prevention programs that reach at-risk populations or that may be required for certain at-risk populations; targets high-risk populations and ensures that those groups understand the risks and consequences | ....the programs emphasize the swiftness and certainty of apprehension, focus on nonlegal sanctions, correct misperceptions about the risks of drug-impaired driving, and are supported with frequent field-testing programs (e.g., sobriety checkpoints) and public-awareness campaigns | Different programs will need to be developed for different risk groups such as repeat offenders, the elderly on prescriptions, and youths |
13 | Educating and engaging physicians and pharmacists regarding prescription drug abuse and drug-impaired driving | Ensures that those who prescribe drugs are fully aware of the consequences of drug-impaired driving and are engaged in prevention efforts | ....physicians and pharmacists recognize their own liability concerns and work with engaged partners who might provide alternative transportation opportunities for prescription drug users | Many designated driver programs already exist that focus on preventing drunk driving, and these programs might be readily adopted or expanded to address the consequences of prescription drug use while driving |
14 | Encouraging physicians and pharmacists to educate their patients about the link between the use of certain prescription drugs and impaired driving | Ensures point-of-sale educational awareness and delivers the message outside of the criminal justice system, which may be more appropriate for some groups and more effective for others | ....the programs involve physicians and pharmacists and provide a variety of options for safe delivery and use of prescription and over-the-counter medications that can hinder driving ability | Pharmaceutical companies will need to be active partners in acknowledging the risks associated with their medications and in educating users about those risks |
Responses with Limited or Unknown Effectiveness | ||||
15 | Confining convicted drug-impaired drivers to their homes in the absence of close monitoring (electronic or otherwise) | Deters offenders from driving through fear of sanctions | ....sanctions are certain and swift; drug treatment is also made available | Home confinement restrictions are too easily violated absent vigilant monitoring |
16 | Developing ignition interlocking devices and requiring convicted drug-impaired drivers to install them | Reduces likelihood of impaired driving by preventing such drivers from operating their own vehicle while drug impaired | ....the technology is reliable and valid (and available); monitoring is effective | Technology of such devices is still in early development and testing stages; offender might have access to other vehicles |
17 | Developing and implementing devices that monitor drug use | Deters offenders from using drugs illicitly out of fear of detection and punishment; facilitates compliance by giving offenders a valid argument against others who encourage drug use | ....technology is reliable and if monitoring is vigilant and results in swift and certain sanctions for violations | Technology of such devices is still being developed and will not be widely available for some time; legal challenges will likely delay implementation, and different technologies will need to be developed for different substances |
18 | Incarcerating drug-impaired drivers | Prevents offenders from driving while incarcerated; deters potential offenders through fear of punishment | ....punishment is also swift and certain; incarceration is accompanied by drug treatment | This response may be the best available option for persistent offenders who are not responsive to other forms of intervention |
19 | Substantially increasing fines for drug-impaired driving offenses | Intended to deter potential offenders through aversion to paying fines | .....fines are proportional to income levels and to seriousness of offense and are consistently enforced | Fines are often not paid, and follow-up enforcement is often lax |
Free Bound Copies of the Problem Guides
You may order free bound copies in any of three ways:
Online: Department of Justice COPS Response Center
Email: askCopsRC@usdoj.gov
Phone: 800-421-6770 or 202-307-1480
Allow several days for delivery.
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Drug-Impaired Driving
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