Exhibit G2_Impaired Driving Program Plan.pdf

Impaired Driving Program Plan Updated Date: May 8, 2024 Program Manager: Anthony Bledsoe, Penny Rarick, Edica Esqueda

Problem and/or Opportunity Identification In 2022, Washington experienced the deadliest year on our roads since 1997. After years of declining serious crashes, in 2015 traffic fatalities increased 19.3 percent in a single year—the largest single year increase in fatalities since data collection began in 1968. Following this unprecedented increase, traffic fatalities remained stable from 2015 to 2019. In 2020, like many other states during the pandemic, Washington fatalities increased from 538 fatalities in 2019 to 574 fatalities in 2020, a 6.7 percent increase. This was despite large decreases in vehicle miles traveled, non-severe crashes, and the closure of schools and businesses. In 2021, Washington once again experienced an unprecedented single year fatality increase, from 574 deaths in 2020 to 663 deaths, a 15.5 percent increase. Although 2022 represents the highest reported fatality rate since 1990, preliminary fatality numbers for 2023 are on a trajectory to be worse, with an expected fatality count over 800, which will make 2023 the deadliest year since 1981. The five-year increase in fatalities from 2019-2023 is the most rapid increase in traffic fatalities ever recorded in Washington State.

Impairment due to alcohol and other drug use continues to be the number one risk factor involved in fatal crashes - approximately 50 percent of all fatal crashes annually. Drivers ages 21-30 make up one-third of impaired drivers in fatal crashes and another 21 percent are ages 31-40. Combined, these age groups (21-40) make up more than half of impaired drivers involved in fatal crashes. Of these drivers, four in five impaired drivers in fatal crashes are male. From 2013 through 2022, there were 1,686 alcohol positive drivers involved in fatal crashes. Overall, alcohol (alone or in combination with other drugs) continues to be the most prevalent impairing substance found among drivers in fatal crashes.

Blood Alcohol Content (BAC) averages remain high at 0.155 in 2022 and remains steady at 0.154 in 2023.

While Washington State has a legal per say blood alcohol concentration limit of 0.08, there is evidence to suggest that impairment begins well before .08. Crash risk doubles before a person reaches 0.07 percent BAC. From 2020-2022, 15 percent of alcohol positive drivers involved in fatal crashes had a BAC of less than 0.08. "Laboratory and test track research shows the majority of drivers, even those who typically reach BACs of 0.15 or greater, are impaired at 0.05 BAC and higher concerning critical driving tasks.

Trends show fatal crashes involving drivers testing positive for delta-9 THC have remained mostly stable since an increase in 2014 following the launch of the recreational marijuana market. However, 2020 had the highest number in the history of drivers in fatal crashes positive for delta-9 THC. Approximately 45 percent of drivers were tested for drugs in both 2019 and 2020. Of those that tested positive for delta-9

THC:

• Nearly 80 percent were also positive for alcohol or other drugs.

• They exhibited other high-risk behaviors, such as speeding (43 percent), not wearing a seat belt

(30 percent), and being distracted (18 percent).

• More than one-third were between the ages of 16 and 25.

• The majority (80 percent) were male.

Disparities in cannabis use and driving exist between urban and rural Washington youth. A 2022

Washington Healthy Youth Survey report has identified that rural Washington youth are statistically more likely than their urban peers to use cannabis and ride in a car with someone who has been using cannabis. Rural youth who reported having best friends who use cannabis also had a 33 times higher rate of current cannabis use. Rural Washington youth are also more likely to binge drink and use THC vape products than their urban peers.

In 2012, the poly-drug impaired driver (a driver under the influence of two or more substances) became the most common type of impaired driver involved in fatal crashes, surpassing alcohol-only and one drug only impaired drivers. Since that time, the number of poly-drug drivers in fatal crashes has increased nearly every year and has been increasing at an accelerated rate in recent years. Out of 389 total impaired driving fatalities in 2022, poly impaired drivers were involved in 181 of those fatal crashes; this represents a 43 percent increase in poly impairment related fatal crashes since 2020.

Cannabis and alcohol have been and continue to be the most common combination of poly-drugs involved in fatal crashes.

The large increase in impaired driving-related serious injury and fatal crashes has led to an increased burden on the state’s toxicology lab and court systems. The Washington State Patrol’s Toxicology Lab

(Tox Lab) has experienced a 45 percent increase in suspected drugged driving cases in the past ten years. The Tox Lab experienced a substantial increase in suspected impaired driving cases over the last six years. The Tox Lab received around 15,000 cases in 2022 with over 10,000 of those involving impaired drivers. In 2023, the Tox Lab has experienced an 18 percent increase in case submissions from

2022 with a total case volume over 17,000. Due to these large increases, the Tox Lab has not been able to efficiently intake/process submitted evidence and screen to confirm alcohol and/or drugs.

Subsequently, the backlog of DUI cases grew significantly, as did the turnaround time to complete testing in DUI cases. Over the last ten years, the turnaround time has increased from under 90 days to over 365 days. With this backlog of blood test cases taking 12 months to obtain results, drivers arrested for DUI are out on the streets awaiting evidence, charges, court cases, etc. There is a risk that people who are arrested for DUI will continue driving impaired for several months until their case is heard. This may have an impact on the perception of deterrence as it pertains to DUI enforcement and arrest.

While Toxicology caseloads have increased, Washington has seen the number of officers and DUI arrests decrease. In 2021, the national average number of officers per 1,000 people was 2.33. Washington’s reported rate of officers per 1,000 people in 2021 was 1.38, which was the lowest rate in the country.

From 2018-2021, there has been a 21 percent decrease in DUI arrests. While Washington has seen a steep decline in the number of officers and DUI arrests, Washington residents overwhelmingly support law enforcement enforcing DUI laws. Per our Statewide survey data, 83.7 percent somewhat or strongly support enforcement of driving under the influence of alcohol and 72.6 percent of respondents somewhat or strongly support enforcement of driving under the influence of cannabis. Despite this support of law enforcement, only 35 percent of state survey respondents believe that a driver in their community who is arrested for driving under the influence is very/extremely likely to be prosecuted.

Problem/Focus Areas and Populations:

While impaired driving impacts the entire state, there are specific counties that are overrepresented in impairment-related traffic fatality data. While Yakima County is only the eighth largest county by population, the county has experienced a traffic fatality rate that is more than triple the rate of the most populated county in the state – King County. From 2017-2021, 36 percent of Yakima’s fatal crashes involved an alcohol-positive driver. This represents the highest rate of alcohol impaired driver-related fatal crashes across the eight most populated counties in the state.

Trends show the traffic death rate per 100,000 population consistently runs three to four times higher for American Indian and Alaska Native (AI/AN) people, even if the actual number of traffic deaths varies from year to year. Nearly one-third of AI/AN traffic deaths occurred in Yakima County, versus six percent of all other races. Nearly three of every four (72 percent) AI/AN traffic deaths involved impairment.

AI/AN people are also involved in other high-risk driving behaviors at a higher rate than all other races.

From 2018-2022, 32 percent of AI/AN traffic deaths occurred on county roads or reservation lands, versus 25 percent of all other races.

In King County, the number of impaired drivers involved in fatal crashes has increased from 44 in 2020 to 73 in 2022 – a 65 percent increase. From 2020-2022, the number of non-alcohol involved poly-drug impaired drivers has increased 340 percent from five to 22. Furthermore, almost a third (27 percent) of drivers involved in fatal crashes in King County who tested positive for drugs and/or alcohol had been involved in a prior crash. Of those drivers, 45 percent were involved in fatal crashes and speeding. South

King County specifically has driven this large increase in the number of confirmed impaired drivers involved in fatal crashes. Cumulatively, the cities in South King County have seen an increase of 147 percent in the number of confirmed positive impaired drivers involved in fatal crashes, while the city of

Seattle has seen a decrease.

One of the most significant populations experiencing traffic fatality increases are pedestrians (active transportation users). From 2013 to 2022, Washington has seen a 134 percent increase in active transportation user fatalities. Impairment plays a significant role in active transportation user fatalities.

In 2022, 46 percent of active transportation user fatalities involved an impaired active transportation user and 18 percent of fatalities involved an impaired driver. When we look at specific demographic groups, this disparity is larger. Sixty-six percent of AI/AN active transportation user fatalities involved an impaired active transportation user.

Summary of Behaviors and Beliefs from the Statewide Survey:

2023 WTSC Statewide Survey results show that five percent and four percent of respondents reported driving under the influence of alcohol and cannabis, respectively. Although the overwhelming majority of drivers do not drive under the influence, more than 60 percent of respondents believe that driving after consuming alcohol or cannabis is a high-risk driving behavior in their community that is happening

“sometimes” or more frequently. Furthermore, while most respondents in the state believe that driving after consuming alcohol or cannabis in their communities is common, the majority of respondents also believe that someone driving under the influence of alcohol or cannabis is only slightly or moderately likely to be pulled over by law enforcement.

According to WTSC Statewide Survey data, young drivers aged 18-24 self-report driving under the influence of alcohol and cannabis at higher rates. 6.8 percent reported driving under the influence of alcohol in the last 12 months, while 10.4 percent reported driving under the influence of cannabis in the last 12 months. This is higher than the aggregate self-reported rates of driving under the influence of alcohol (5.41 percent) and cannabis (5.58 percent) across all age groups. This increased prevalence of self-reported driving under the influence of alcohol and cannabis worsens with the inclusion of drivers aged 25-34, where we see 7.8 percent of drivers aged 18-34 self-reported driving under the influence of alcohol and 10.9 percent reported driving under the influence of cannabis. The self-reported rates of driving under the influence of cannabis and alcohol for those aged 18-34 is more than double of drivers aged 35-85+ (4.89 percent and 4.5 percent, respectively).

Furthermore, there are higher self-reported rates of driving under the influence of cannabis in young black individuals and higher rates of both self-reported driving under the influence of alcohol and cannabis for multiracial and AI/AN individuals.

Opportunities and Gaps

Gap: Despite awareness of the risks, young drivers, aged 18-24, report higher instances of driving under the influence of alcohol or cannabis compared to the statewide average, highlighting a disparity between perception and action.

Opportunity: Implement targeted educational campaigns and enforcement strategies, especially focusing on young drivers, to deter driving under the influence of alcohol and cannabis and bridge the perception-action gap.

Gap: Higher rates of driving under the influence of alcohol and cannabis among young drivers aged 18- 34 indicate a need for tailored interventions in this demographic.

Opportunity: Develop tailored interventions, like peer-to-peer education programs and community-based initiatives, to target young drivers aged 18-34 and address the factors contributing to their higher rates of driving under the influence of alcohol and cannabis.

Gap: Disparities in self-reported rates of driving under the influence of alcohol and cannabis among racial and ethnic groups, particularly young black individuals and multiracial/AI/AN individual, emphasize the need for culturally sensitive interventions.

Opportunity: Develop culturally sensitive interventions, involving community engagement and collaboration with stakeholders, to address the unique factors contributing to higher rates of driving under the influence of alcohol and cannabis among different racial and ethnic group.

Gap: Despite public support for DUI enforcement, there is a gap between community expectations and actual prosecution rates for impaired driving offenses, leading to a perception of tolerance.

Opportunity: Enhance collaboration between law enforcement, prosecutors, and the judiciary to streamline the prosecution process for DUI cases, improving deterrence and public confidence in the legal system's ability to swiftly address impaired driving.

Gap: Washington State faces a substantial increase in poly-drug impaired driving-related fatal crashes, straining toxicology lab resources and contributing to delays in processing evidence.

Opportunity: Invest in resources and technology to improve the efficiency of toxicology labs, reduce turnaround times, and expedite the resolution of impaired driving cases.

Gap: Despite rising impaired driving-related crashes, Washington has seen a decrease in officers and DUI arrests, potentially compromising enforcement efforts.

Opportunity: Prioritize proactive traffic safety with law enforcement and allocate resources to support enhanced DUI enforcement efforts, including training programs and technology upgrades.

Gap: Despite efforts to curb impaired driving, American Indian and Alaska Native (AI/AN) active transportation users are disproportionately affected by impairment-related fatalities.

Opportunity: Develop culturally sensitive interventions aimed at reducing impairment-related fatalities among the AI/AN and other disproportionally impacted minorities, including educational campaigns and other opportunities resulting from feedback from those communities.

Gap: Disparities in impairment-related traffic fatalities exist between counties, with Yakima County experiencing significantly higher rates.

Opportunity: Implement targeted interventions in counties with high rates of impairment-related traffic fatalities, like Yakima County, including increased law enforcement presence, increased monitoring interventions, stakeholder development and training, public awareness campaigns, pilot programs and other best practices.

Gap: The rise in poly-drug impaired drivers involved in fatal crashes, particularly in South King County, highlights a gap in strategies to address poly-drug impairment.

Opportunity: Enhance detection and prevention measures for poly-drug impaired driving, particularly in regions experiencing increases, through increased law enforcement presence, increased monitoring interventions, stakeholder development and training, public awareness campaigns, pilot program and other best practices.

Gap: Existing traffic safety education and outreach is lacking for non-native English speakers and the hearing impaired, creating barriers to accessing essential safety information and heightening possible crash risk.

Opportunity: Develop language-accessible educational materials and programming to mitigate language barriers and cultural differences creating equitable access to traffic safety education.

Focus Populations and Communities Yakima County stands out with disproportionately high rates of impairment-related traffic fatalities, despite being the eighth largest county by population in the state. Between 2017 and 2021, 36 percent of fatal crashes in Yakima involved a driver under the influence of alcohol, marking it the highest rate among the state's most populous counties. Additionally, trends highlight the alarming overrepresentation of American Indian and Alaska Native (AI/AN) individuals in traffic fatalities, particularly in Yakima County. Although AI/AN people comprise a smaller proportion of the population, they experience three to four times higher traffic death rates per 100,000 population, with nearly a third of AI/AN traffic deaths occurring in Yakima County. Furthermore, AI/AN individuals are involved in high-risk driving behaviors at disproportionately higher rates compared to other racial groups, with a significant portion of fatalities involving impairment and occurring on county roads or reservation lands.

King County exhibits concerning trends as well, with a notable increase in impaired drivers involved in fatal crashes, particularly South King County. Between 2020 and 2022, the number of impaired drivers in fatal crashes rose significantly, with a particularly alarming surge in poly-drug impaired drivers.

Moreover, a significant portion of drivers involved in fatal crashes had prior crash involvements, indicating a recurring issue. The rise in confirmed impaired drivers in South King County contrasts with a decrease in Seattle, highlighting regional disparities. Additionally, pedestrians, as active transportation users, face heightened risks with a substantial increase in fatalities observed between 2013 and 2022.

Safe Road Users: The majority of individuals utilizing roadways adhere to safe driving practices, refraining from engaging in risky behaviors. Safe road users possess the potential to exert influence upon the minority of drivers who exhibit impaired judgment and engage in risky driving behaviors.

Through consistent safe driving norms and behaviors, responsible road users may serve as positive role models, potentially mitigating risky behaviors among impaired drivers by setting a standard of responsible conduct on the roadways.

Impaired Road Users: Impaired drivers and road users encompass a broad spectrum of individuals whose ability to safely walk, roll, or operate a vehicle safely is compromised due to various forms of impairment. This includes drivers who are under the influence of alcohol alone, those impaired by drugs, as well as those who engage in poly-drug use while driving.

Partners and Stakeholder Participation

The Yakama Nation Tribal Traffic Safety Committee address all aspects of traffic safety and membership includes Yakama Nation staff, WSP, WSDOT, UW Engineering, Yakima Sheriff, city government representatives. The committee discusses traffic safety issues, to include impaired drivers. This committee develops strategies and goals to address these issues and recommend policy amendments and grant funded projects toward improving traffic safety and eliminating traffic related injuries and fatalities of tribal members and the general public living on or near Yakama Nation lands.

The Washington Impaired Driving Advisory Committee (WIDAC) and its Executive Board (WEB) address matters regarding impaired driving. These two groups play a fundamental role in providing direction on a wide array of issues, including the development of programs, allocation of resources, and formulation of policies. Notably, the proactive efforts of several WIDAC members resulted in the passage of legislation aimed at expanding access to treatment options for individuals convicted of DUI offenses.

Moreover, insights garnered from the recent WIDAC Fatal Case Review prompted the Department of

Licensing (DOL) to adopt new methodologies in tracking fatalities within its system. Feedback received from the WEB and a retired judicial representative shed light on challenges such as the insufficient monitoring of DUI offenders due to financial limitations and systemic inadequacies. Both WIDAC and the newly formed WEB serve as vital conduits for understanding the wide array of issues surrounding impaired driving. These groups continue to evolve dynamically, playing a crucial role in shaping and refining strategies aimed at addressing impaired driving.

WTSC partners with our DUI Court grantees to support localized stakeholder/partner work which results in obtaining feedback to design and drive the DUI Court programs. This work has included:

• Discussions with Law and Justice Council in Clark County which includes members of the public who reside in different locations around the County;

• Engagement with police and sheriff’s departments regarding the inclusion of law enforcement as part of the Therapeutic Court team;

• Educating prosecutors and defense attorneys about DUI Court and using their feedback to support the DUI Court process and future work;

• Spokane Municipal DUI Court continues to facilitate an annual DUI Court Town Hall meeting in collaboration with WTSC to educate the general public and judicial/legal partners on the role and importance of DUI courts to increase public awareness, and to increase referrals to DUI court programs.

• WTSC continues to support candidate courts in pursuing the formation of a DUI court program by providing funding to send candidate courts to foundational DUI court training, existing courts to foundational tune-up training, and existing/candidate courts to pertinent continuing education opportunities that can help to improve program fidelity to best practice standards.

Statewide Survey: The Commissions statewide survey has allowed the Impaired Driving Team to engage with partners and communities in new ways. With the behavioral traffic safety survey results, we are able to highlight communities and subsets of communities such as certain age or racial demographics, whose perceptions of behaviors misalign with actual behaviors and whose perceptions/expectations for consequences of impaired driving, such as prosecution or arrest, are very low. These results have helped to identify new priorities, evaluate projects in new ways, and to empower communities by bringing traffic safety concerns to the forefront with survey response data directly from their community members.

Summary of Countermeasure Strategies and Countermeasures

Within the AGA, WTSC is making adjustments to the countermeasure strategies. The change is focused on a recombination and renaming of the countermeasure strategies and reorganization of the existing countermeasures contained in the Impaired Driving Program. This section explains the new countermeasure strategy titles that are being proposed by recombining or renaming countermeasure strategies contained in the WTSC 2024 Triennial Highway Safety Plan.

Justification: This reorganization both simplifies and provides a more logical strategic framework of the countermeasures and projects that will work to implement each of the four countermeasure strategies contained in the program. Also, the Impaired Driving Program Managers, working in consultation with staff from the Center for Health and Safety Culture at Montana State University have created Theories of Change for these new Countermeasure Strategies. Theories of Change are an instrument used to state how we think a strategy will impact a focus population and how it will impact crashes. In the case of the “Prevention” countermeasure strategy, the new title provides a broader placeholder for future countermeasures and projects. In each case, the table below explains the new countermeasure strategy title that is being proposed as well as what titles from the original 3HSP are being grouped or renamed. Note that at this time, the changes are confined to a reorganization or renaming of the countermeasure strategies which will necessarily lead to a reorganization of the countermeasures, but WTSC is not proposing changing the titles of the countermeasures.

Countermeasure Strategy: Link to Specific Problem ID

Countermeasure

New Countermeasure Strategy: Prevention Positive Community Norms (no change)

Previously: Positive Community Norms

Description: This will be implemented by supporting partners in the continued development of positive community norms messaging campaigns in the most populated counties to reduce cannabis-impaired driving in young drivers and specifically, young drivers of color, who are overrepresented in impaired driving fatalities.

Is the implementation of this countermeasure strategy being adjusted? Yes

Justification for the change: This title is broader and provides room for additional countermeasures and projects focused on preventing impaired driving from occurring in the future.

National Academies of Sciences, Engineering, and

Medicine. 2018. A Strategic Approach to Transforming

Traffic Safety Culture to Reduce Deaths and Injuries.

Washington, DC: The National Academies Press.

https://www.nap.edu/catalog/25286/a-strategic-approach-to-transforming-traffic-safety-culture-to-reduce-deaths-and-injuries

Ward, N.J., Schell, W., Kelley-Baker, T., Otto, J., & Finley, K. (2018). Developing a theoretical foundation to change road user behavior and improve traffic safety: Driving under the influence of cannabis (DUIC).

Traffic Injury Prevention.

https://doi.org/10.1080/15389588.2018.1425548

New: Screening, Brief Intervention, and Referral to

Treatment

Using SBIRT (Screen, Brief Intervention, and Referral

Treatment) Training to Reduce the Stigmatization of

Substance Use Disorders Among Students and

Practitioners - PMC (nih.gov)

New: Enforcement

Previously: a combination of countermeasures previously found under two prior countermeasure strategies 1) Drug Impaired Driving, and 2) Sustained Enforcement

Description:

WTSC will support the city of Seattle and WSP, the stewards of Washington’s impaired driving training program by supporting Law Enforcement’s Washington Drug Recognition Evaluation (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training programs.

Deploy law enforcement officers who dedicated their time to DUI enforcement.

This will be implemented by funding full-time DUI enforcement officers in communities with high rates of impaired driving fatalities.

Is the implementation of this countermeasure strategy being adjusted? Yes

Justification for the change: This countermeasure strategy pulls together/combines all of the

Enforcement of Drug-Impaired Driving – CTW 3 stars citation (not change)

High Visibility Saturation Patrols – CTW 4 stars citation (no change)

Integrated Enforcement – CTW 3 stars citation (no change)

New: Program Evaluation and Data – Uniform Guideline 8, VI, Program Evaluation and Data.

https://www.nap.edu/catalog/25286/a-strategic-approach-to-transforming-traffic-safety-culture-to-reduce-deaths-and-injuries https://www.nap.edu/catalog/25286/a-strategic-approach-to-transforming-traffic-safety-culture-to-reduce-deaths-and-injuries https://www.nap.edu/catalog/25286/a-strategic-approach-to-transforming-traffic-safety-culture-to-reduce-deaths-and-injuries https://doi.org/10.1080/15389588.2018.1425548 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9850124/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9850124/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9850124/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9850124/ countermeasure strategies focused on impaired driving enforcement into a single countermeasure strategy which is a more logical organization of the countermeasures and projects that will work in concert to implement this countermeasure strategy.

New: Prosecution

Previously: This is a combination of countermeasures previously found under two countermeasure strategies: 1) Deterrence: Driving While Intoxicated (DWI) Offender Treatment, Monitoring, and Control and 2) Deterrence: Prosecution and Adjudication

Description of how Washington will implement:

WTSC will fund three Traffic Safety Resource Prosecutors (RSRP) to ensure local prosecutors and law enforcement officers have support and training by the TSRP.

WTSC will provide funding for the State Toxicology Laboratory to support the processing of forensic blood evidence for DUI court cases.

WTSC will support the Washington Ignition Interlock Program managed by the WSP, by supporting Law Enforcement’s work to monitor ignition interlock usage and compliance across the state.

Is the implementation of this countermeasure strategy being adjusted? Yes

Justification for the change: This countermeasure strategy title is simplified and combines all of the countermeasure strategies focused on the processes that occur post arrest of an impaired driver into a single title. This is a more logical organization of the countermeasures and projects that will work in concert to implement this countermeasure strategy.

Alcohol Ignition Interlocks – CTW 5 stars citation (no

Toxicology Testing Support (no change)

Uniform Guidelines for State Highway Safety

Programs, Guideline No. 8: Impaired Driving Section

III. Criminal Justice System. According to this section, "Each State should use the various components of its criminal justice system—laws, enforcement, prosecution, adjudication, criminal and administrative sanctions and communications—to achieve both specific and general deterrence.

Specific deterrence focuses on individual offenders and seeks to ensure that impaired drivers will be detected, arrested, prosecuted, and subject to swift, sure, and appropriate sanctions. Using these measures, the criminal justice system seeks to reduce recidivism.

General deterrence seeks to increase the public perception that impaired drivers will face severe consequences, discouraging individuals from driving impaired.

A multidisciplinary approach and close coordination among all components of the criminal justice system are needed to make the system work effectively. In addition, coordination is needed among law enforcement agencies at the State, county, municipal, and tribal levels to create and sustain both specific and general deterrence."

A troubling and persistent problem in Washington state has been the backlog of toxicology tests which interferes with swift trial requirements.

Traffic Safety Resource Prosecutors (no change)

Uniform Guidelines for State Highway Safety

Programs, Guideline No. 8: Impaired Driving. Section

III.D Prosecution.

NEW: Adjudication

Uniform Guidelines for State Highway Safety

Programs, Guideline No. 8: Impaired Driving. Section

III.E Adjudication.

New: Intervention

Previously: This is a combination of countermeasures previously found under three countermeasure strategies 1) Deterrence: Prosecution and Adjudication, 2) Deterrence: Driving While Intoxicated (DWI) Offender Treatment, Monitoring and Control, and 3) Driver Alcohol Detection

Description of how Washington will implement:

WTSC will fund two existing DUI Courts while also expanding the number of DUI Courts across the state.

WTSC will support court monitoring by funding a project with MADD Washington that enhances transparency and accountability within the justice system reducing the likelihood of repeat DUI offenses by conducting court monitoring in a minimum of two jurisdictions.

WTSC will support DWI offender monitoring by removing financial barriers to obtain electronic home monitoring device (EHMD) services for clients who are unable to pay for services based on limited financial means and to keep them in compliance with the monitoring conditions of the court.

Support driver alcohol detection systems.

WTSC intends to fund the Automotive Collision for Traffic Safety Organization to install passive alcohol breath sensor technology in vehicles in Washington to collect needed data to support the advancement of this technology.

Is the implementation of this countermeasure strategy being adjusted? Yes

Justification for the change: Although the countermeasures contained in this countermeasure strategy are all implemented by the judicial system, they are distinct from the prosecution countermeasure strategy because it combines all of the countermeasures focused on the work of treating the root causes of high-risk impaired drivers with a history of impaired driving arrests, substance abuse disorders, mental illness, or both. This is a more logical

Court Monitoring – CTW 3 stars citation (no change)

DWI Courts - CTW 4 stars citation (no change)

DWI Offender Monitoring – CTW 4 stars citation (no

Passive Alcohol Sensors – CTW 4 stars citation (no organization of the countermeasures and projects that will work in concert to implement this countermeasure strategy.

Countermeasure Strategy Link to Performance Targets Prevention:

This countermeasure strategy supports the performance targets of C1, C2, C3, and C5 by identifying cultural misperceptions in communities that are a root for risky behaviors and promoting public awareness of positive norms for safe driving behaviors, which will reduce the number of impaired drivers and ultimately reduce serious injury and fatal collisions involving an impaired driver.

This countermeasure strategy targets young drivers to grow positive traffic safety culture to decrease impaired driving. There is strong research to support using a culture change approach to grow positive behaviors. We know that most road users make safe choices. We can leverage this large group of people making safe choices by integrating efforts to grow our traffic safety culture into existing programs and influence the smaller group of Washingtonians who engage in risky road user behaviors. Young and

Impaired drivers are often disproportionately represented in fatality crash data.

Enforcement This countermeasure strategy supports the performance target APM-3 and C-5 Alcohol Impaired Driver Involved Fatalities remaining constant (not increasing) by reducing the number of impaired drivers on the road, thus reducing impaired driving related crashes.

In Washington, over 50 percent of fatal traffic collisions involved impairment, yet not all officers have the training or proficiency to identify, arrest, investigate, and process a driver that is suspected of driving under the influence. Despite the high need for impaired driving enforcement, DUI arrests are down to levels similar to 2015. This countermeasure strategy supports the impaired driving system in Washington through providing training for officers to increase their competence and confidence in making successful DUI arrests.

This countermeasure strategy targets impaired drivers by providing funding for sustained DUI law enforcement in locations with a high need and a demonstrated high level of officer proficiency at detecting and arresting impaired drivers. This will increase the capacity for Law Enforcement partners to enforce impaired driving thereby addressing the high-risk behaviors of drivers responsible for the highest percentage of fatalities and the second highest percentage of serious injuries. This countermeasure strategy supports the performance target APM-3 and C-5 Alcohol Impaired Driver

Involved Fatalities remaining constant (not increasing) by reducing the number of impaired drivers on the road, thus reducing impaired driving related crashes.

Prosecution This countermeasure strategy supports the performance target APM-3 and C-5 Alcohol Impaired Driver Involved Fatalities which are remaining constant (not increasing). This countermeasure strategy implements a comprehensive program to prosecute impaired drivers visibly, aggressively, and effectively. It also ensures impaired-driving-related efforts will be publicized to increase awareness of the consequences of being arrested for a DUI.

The efficient adjudication of DUI laws helps reinforce the deterrence of DUI. This includes the use of a Judicial Outreach Liaison and experienced prosecutors (e.g., traffic safety resource prosecutors), to help coordinate and deliver training and technical assistance to prosecutors handling impaired driving cases throughout the State.

Intervention This strategy supports the performance target C-5 Alcohol Impaired Driver Involved Fatalities, which remain constant (not increasing). This countermeasure has been shown to decrease recidivism rates greater than enforcement alone. This countermeasure strategy is designed to prevent high-risk impaired drivers from reoffending by addressing root cause behaviors that contribute to high-risk impaired driving. Often, these are related to mental health issues, including addiction. Treatment and monitoring allow the legal and medical system to identify the DUI offender early in the process to encourage treatment. This countermeasure strategy includes the intervention of DUI courts and offender monitoring practices.

Additionally, this countermeasure strategy supports the performance target APM-3 and C-5 Alcohol

Impaired Driver Involved Fatalities, which remains constant (not increasing). It reduces the number of impaired drivers on the road, thus reducing impaired driving related crashes. This countermeasure strategy addresses impaired drivers by supporting national efforts to advance passive alcohol detection systems in vehicle manufacturing. This will be accomplished by piloting passive alcohol detection systems in fleet vehicles and educating the public on the benefits of this technology. This will help to build support for the national effort by the Automotive Coalition for Traffic Safety and NHTSA to see passive alcohol detection technology implemented in all new automobiles manufactured.

Federal Fund Description Federal Funding Source: Estimated 3-year allocation:

NHTSA 402 (BIL/Supl), 405d (BIL/Supl) Regular & Flex, FAST Act 164, 164 Transfer (BIL)

$15,044,351

Considerations Used to Select Projects Prevention (previously was: Positive Community Norms)

• Center for Health and Safety Culture (CHSC) in the Western Transportation Institute of

Montana State University-Driving Under the Influence of Cannabis and Alcohol (DUI-CA) survey results

• Washington Healthy Youth Survey

• WTSC data dashboards

• FARS data on impaired driving fatalities

Enforcement (a combination of four prior countermeasure found under four prior countermeasure strategies 1) Enforcement of Drug Impaired Driving, 2) Integrated Enforcement, 3) HVE, and 4) Sustained

Enforcement)

• FARS data

• Engagement with DUI courts and partner/stakeholder input

• Highway Safety Program Guideline No. 15, Section 3 Training - Traffic Enforcement

Services

• Engagement from law enforcement community to increase access to training to enhance efficiency and competency around DUI enforcement

Prosecution (a combination of countermeasures previously found under four previous countermeasure strategy titles 1) Deterrence: Driving While Intoxicated (DWI) 2) Offender Treatment 3) Monitoring, and

Control 4) Deterrence: Prosecution and Adjudication

• FARS data

• Highway Safety Program Guideline No. 8, Section 3 Criminal Justice System

Intervention (a combination of countermeasures previously found under three countermeasure strategies 1) Deterrence: Prosecution and Adjudication, 2) Deterrence: Driving While Intoxicated (DWI)

Offender Treatment, Monitoring and Control, and 3) Driver Alcohol Detection

• FARS data

• Engagement with DUI courts and partner/stakeholder input

• Washington state agency partners interested in piloting passive alcohol detection technology

• Highway Safety Program Guideline No. 8, Section 5 Alcohol and Other Drug Misuse

• Highway Safety Program Guideline No. 8, Section 3 Criminal Justice System

3 Year Budget Summary

Effective June 14, 2024, please consult with the Deputy Director and Budget Director before making any modifications to the 3-Year Budget Summary below.

Unauthorized changes may result in inconsistencies with the FFY 2025 AGA. Thank you for understanding.

Countermeasure Strategy (CMS)

Countermeasure (CM) Project 2024 Current

Year 2025 2026

1. Prevention

Screening, Brief Intervention, and Referral to Treatment

(SBIRT)

New: SBIRT Training and Outreach $- $250,000 $250,000

Positive Community Norms

Neighborhood House - Most Steer Clear Project

$280,000 $280,000 $280,000

Rural PCN Messaging $150,000 $150,000 $150,000

2. Enforcement

Enforcement of Drug-

Impaired Driving

Seattle Police Department Impaired Driving Training

$65,000 $65,000 $65,000

New: Spokane Police Department Outreach and Training Program

$- $215,000 $225,000

WSP Impaired Driving Project-DRE Program (5065)

$618,363

743516 $840,000

New: #1 Dedicated DUI Enforcement $- $280,000 $200,000

New: #2 Dedicated DUI Enforcement $- $280,000 $200,000

Enforcement of Drug- Impaired Driving; Integrated Enforcement

WSP Impaired Driving Project – MIDU $174,931 $174,998 $0

High-Visibility Saturation Patrols

Make It Home Safe Yakima $239,422 $165,465 $182,010

Dedicated DUI Enforcement - Yakima County

$90,324 $170,362 $187,358

New: Traffic Crash Response Teams $- $200,000 $250,000

3. Prosecution

Court Monitoring MADD Washington Court Monitoring Program

$125,013 135,895 $151,265

Toxicology Testing Support WSP Tox Lab Support $400,000 $400,000 $400,000

Traffic Safety Resource Prosecutors

TSRP #1 $215,000 $230,000 $259,650

TSRP #2 $196,420 $230,000 $237,668

TSRP - Seattle Prosecuting Attorney’s Office

$210,000 $231,000 $254,100

TSRP Support $70,000 $70,000 $70,000

Alcohol Ignition Interlock WSP Impaired Driving Project – Ignition Interlock Program

$199,477 $200,294 $230,000

New: Adjudication New: Judicial Outreach Liaison - $120,000 $140,000

4. Intervention

DWI Courts

Spokane Municipal DUI Court $200,000 $180,000 $180,000

Administrative Office of the Courts DUI/Treatment Court Support

$200,000 $220,000 $242,000

DWI Offender Monitoring

EHM for Indigent DUI Offenders-Clark County District Court

$300,000 $ 425,000 $250,000

Clark County DUI Court EHM $50,000 $ 63,000 $70,000

Passive Alcohol Sensors Driver Alcohol Detection System for Safety $793,752 $441,616 $300,000

Totals $4,577,702 $5,921,146 $5,614,051

Communications and Outreach

Communications and Outreach

WTSC Paid Media *Communications

High Visibillity Enforcement

Impaired Driving Enforcement

Local HVE-Administration, Enforcement, and Resources

*Community Traffic Services

WSP HVE *Community Traffic Services

3 Year Budget: $16,112,899

Program: Impaired Driving

Strategy: Prevention – Positive Community Norms

Problem Id / Opportunity (Establish context. Why is this issue important?*1)

Strategy Goals Broad action statements about the purpose(s) of the strategy and what it is intended to accomplish

Resultant Outcomes:

the desired results of the strategy; what is changed as a result

Projected Safety Impacts

Short-term Outcomes (e.g., skills, knowledge, beliefs) Intermediate Outcomes

(e.g. behaviors)

Long-term Outcomes (e.g., crash involvement)

The number of drivers positive for delta- 9 THC has more than doubled since 2013 and now comprises about 12% of all drivers involved in fatal crashes.

Impairment due to alcohol and other drug use continues to be the number one risk factor involved in fatal crashes - 50 percent of all fatal crashes annually.

Young drivers aged 18-24 self-report driving under the influence of alcohol and cannabis at higher rates. 6.8 percent of drivers aged 18-24 reported driving under the influence of alcohol in the last 12 months while 10.4 percent reported driving under the influence of cannabis in the last 12 months. This is higher than the aggregate self-reported rates of driving under the influence of alcohol (5.41 percent) and cannabis (5.58 percent) across all age groups.. Although the overwhelming majority of drivers do not drive under the influence, more than 60% of respondents believe that driving after consuming alcohol or cannabis is a high-risk driving behavior in their community that is happening “sometimes” or more frequently.

Correct misperception of impaired driving and substance use norms by expanding PCN project “Most Steer Clear” campaign.

Increase accurate perception of norms around impaired driving.

Increase the belief that most young adults don’t drive after consuming alcohol or cannabis.

Increase the belief that most young adults do not use alcohol or cannabis.

Decreased impaired driving.

Decreased use rates of alcohol and marijuana in young adults.

Fewer crashes involving impairment.

Fewer fatalities and serious injuries involving impairment.

Zero fatalities by

Strategy: Enforcement

Problem Id / Opportunity (Establish context. Why is this issue important?*1)

Strategy Goals Broad action statements about the purpose(s) of the strategy and what it is intended to accomplish

Resultant Outcomes:

the desired results of the strategy; what is changed as a result

Projected Safety

Impacts

Short-term Outcomes (e.g., skills, knowledge, beliefs) Intermediate Outcomes

(e.g. behaviors)

Long-term Outcomes (e.g., crash involvement)

Impairment due to alcohol and other drug use continues to be the number one risk factor involved in fatal crashes - approximately 50 percent of all fatal crashes annually.

Poly-drug driving (driving under the influence of two or more substances) has been increasing and is currently the most common type of driver impairment involved in fatal crashes.

Washington has seen the number of officers and DUI arrests decrease in recent years. In 2022, Washington’s reported rate of officers per 1,000 people was 1.36, which was the lowest rate in the country and shows less officers than in 2021.

In 2022, 22,085 individuals were arrested for DUI. However, 16.4% of all arrests in Washington State were DUI, versus 16.7% in 2021.

In discussions with law enforcement leaders, it has been noted that officers are often hesitant to engage in DUI enforcement due to lack of skills.

Increase the capacity and effectiveness of law enforcement officers to engage and evaluate an alleged, impaired driver by providing training, increased visibility through enforcement activities, public participation, and engagement.

Law enforcement agencies will have the resources needed to conduct DUI enforcement.

Law enforcement officers will have the knowledge, skills, competence, and confidence necessary to effectively assess a suspected impaired driver.

Community members will believe that if they drive impaired, they will be caught.

People will not drive impaired.

Fewer people will choose to drive impaired due to an increased perception of being caught.

Fewer crashes involving impaired drivers.

Fewer deaths and serious injuries related to

Washington residents overwhelmingly support law enforcement enforcing DUI laws with 83.7% somewhat or strongly supporting enforcement of driving under the influence of alcohol and 72.6% of respondents somewhat or strongly supporting enforcement of driving under the influence of cannabis. Despite this support of law enforcement, only 28% and 20% of state survey respondents believe that a driver in their community is likely to be caught for driving under the influence of alcohol and cannabis, respectively.

Strategy: Intervention – DUI Courts

Problem Id / Opportunity

Strategy Goals Broad action statements about the purpose(s) of the strategy and what it is intended to accomplish

Resultant Outcomes:

the desired results of the strategy; what is changed as a result

Projected Safety Impacts

Short-term Outcomes (e.g., skills, knowledge, beliefs) Intermediate Outcomes

(e.g. behaviors)

Long-term Outcomes (e.g., crash involvement)

Impaired driving continues to be the most common contributing factor in Washington’s traffic fatalities, represented in nearly half of all traffic fatalities year after year (WTSC State of the State Brief #11, May 2023). Impaired driving often stems from the driver having addictions to alcohol and/or impairing substances.

These drivers are at a high risk of repeatedly driving while impaired – especially those drivers with prior DUI convictions. The likelihood of a driver with a two or more DUI conviction becoming involved in a fatal car crash is 4.1 times that of a first-time DUI offender.

Provide funding support for training and operations of DUI courts to provide supervision, treatment and monitoring to high-risk impaired drivers (HRIDs).

Support courts in maintaining fidelity to the best practice DUI court model

– the 10 guiding principles of DUI Courts.

Encourage client courts to enroll as many HRID’s as they can.

Provide funding support to increase the number of DUI courts and increase enrollment in existing courts.

Candidate courts have the skills, knowledge, and resources to follow best practice standards.

Increased Interest in DUI Courts across the state.

Increased awareness of the impact of impaired driving among court stakeholders.

Supported courts provide services to clients that meet best practice standards.

DUI Court clients do not use drugs or alcohol.

Increased number of HRID’s are enrolled in DUI Court programs.

Increased number of DUI Court participants completing DUI Court programs.

Decreased recidivism with DUI Court clients who complete DUI Court programs.

Increased number of DUI Courts.

Fewer crashes are caused by HRIDs in the communities with DUI Courts.

Fewer fatalities and serious injuries involving HRID’s.

Zero fatalities by 2030

Strategy: Offender Monitoring

Problem Id / Opportunity (Establish context. Why is this issue important?*1)

Strategy Goals Broad action statements about the purpose(s) of the strategy and what it is intended to accomplish

Resultant Outcomes:

the desired results of the strategy; what is changed as a result

Projected Safety Impacts

Short-term Outcomes (e.g., skills, knowledge, beliefs) Intermediate Outcomes

(e.g. behaviors)

Long-term Outcomes (e.g., crash involvement)

Impairment due to alcohol and other drug use continues to be the number one risk factor involved in fatal crashes - 50 percent of all fatal crashes annually.

According to the Centers for Disease Control and Prevention (CDC), ignition…