A Profile of Drinking and Driving in Kern County

Transcription

1 A Profile of Drinking and Driving in Kern County Presented by the Kern County Mental Health Department Substance Abuse Administration

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3 Table of Contents Preface 2 Introduction 3 Purpose of the Study 5 Demographic Profile of Respondents 6 Drink Settings 7 High Blood Alcohol Concentration 9 Drinking Patterns 10 Recommendations 12 Conclusion 14 Acknowledgments 15 Page 1

4 Place of Last Drink Study Among persons 18 years of age and older in Kern County 2010 Preface The Place of Last Drink Study is a report on impaired driving released by the Kern County Mental Health Department. It concerns the environments, settings and circumstances of alcohol consumption prior to arrest and conviction for Driving Under the Influence (DUI). Driving under the influence is a significant public health problem and is entirely preventable. Motor vehicle crashes continue to be a leading cause of death and disability, especially for Americans between the ages of eighteen and twenty-five, with alcohol impairment accounting for an increasingly costly and growing proportion of the reasons for crashes among young adults. Now, because of the tremendous and growing costs both economic and human associated with this preventable problem, alcohol-impaired driving among young adults is re-emerging as a national and state priority among public health advocates and policy makers. We would like to acknowledge the important contributions and support from those without whom this report would not have been possible. James Waterman, Ph.D., Director of the Kern County Mental Health Department, who has created a greater awareness of substance abuse issues as a chronic condition; Lily Alvarez, Kern County Alcohol and Drug Program Administrator, whose vision and dedication made this report a reality; and the executive directors of the Driving Under the Influence Programs (DUIP), Jim McManus from TAASK and Linda Eviston from STEPS, who throughout the data collection period administered the survey to every person at orientation. This study will be used to direct future efforts to reduce or prevent driving under the influence, and efforts will be targeted to those populations for whom specific strategies can be created. Among those are under-age drinkers and low Blood Alcohol Concentration drinkers who comprise the majority of DUI arrestees. Recommendations are included at the end of this report. This study entailed numerous steps and processes. From April 2006 through May 2007, surveys were completed during orientation for every person (3,017) entering either of the drinking driver programs in Kern County. After this data was collected and entered into a database, current laws and agencies involved with every aspect of the DUI citation were researched. Meetings were convened which included representatives from all areas of the system involved with DUI citations. A list of current resources and activities aimed at reducing DUI incidences and recommendations for further reduction activities were created. Page 2

5 Introduction Citizens are court-mandated to a driving under the influence program as part of their sentence after being convicted of a DUI offense. There are two DUIP providers in Kern County: Special Treatment Education and Prevention Services, Inc. (STEPS) and Traffic and Alcohol Awareness School of Kern, Inc. (TAASK). The programs collected Place of Last Drink (POLD) data from questionnaires completed by participants. During the thirteen-month period of April 2006 through May 2007, a total of 3,017 POLD questionnaires were collected. The questionnaire was administered to participants during their entrance interview into the program. Participants selfreported about the environmental factors linked to their drinking prior to arrest, including the location where the drinking took place, the settings, consumption and time periods when drinking occurred. The questionnaire took an in-depth look at the circumstances and conditions of alcohol consumption that led to the arrest and conviction of the participants, although some participants were cited for non-alcohol related substances. Statistics and other pertinent information presented herein are based on the findings from the questionnaires. Kern County experienced 3,092 injury collisions and 150 fatal collisions in Of these collisions, 520 (17%) involved persons driving under the influence of alcohol consumption 2. This is approximately the size of a graduation class at an average Kern County high school. These numbers are alarming considering that these collisions could have been prevented by not driving after consuming alcohol. Former District Attorney Ed Jagels said, According to the best available information, Kern County now ranks in the top 5 counties in California in DUI fatalities. My office has seen a surge of cases where innocent people have been killed by drunk divers. While our law enforcement colleagues have been working on this problem for several years, it is now possible to add enhanced prosecutions to their efforts. Drunk driving is one of America s deadliest crimes. In 2009, over 10,839 people died in highway crashes involving a driver or motorcycle operator with a Blood Alcohol Concentration (BAC) of.08 or higher. California data for 2009 shows that 950 died in Alcohol Impaired Collisions, a 7.6 percent reduction in deaths from Drinking and driving is a community concern and efforts to address the problem are provided through a variety of programs available in Kern County. The Kern Avoid Anti-DUI program is an effort led by law enforcement to apprehend drinking drivers and reduce the injuries and deaths caused by collisions involving alcohol. Kern Avoid consists of DUI checkpoints during high traffic time periods and also during statistically high periods of DUI arrests. This program is reinforced by an awareness campaign warning drivers that the only way to Avoid law enforcement is to not drink and drive. 3 Law enforcement, concerned about the many young lives lost through reckless/drunk driving, took action by forming A Life Interrupted in This program is a multi-media presentation by the Bakersfield Police Department addressing high school aged youth about responsible driving. The program uses real stories of injury and fatal collisions while explaining the circumstances that led to the incidents, to deter young people from engaging in risky behaviors while driving. 4 California State University, Bakersfield has the Alcohol and Drug Education program. This program conducts outreach to college students about drugs and alcohol through peer education. They offer activities that encourage students to be safe and not drink and drive. 5 1 California Highway Patrol. (2005) Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions. (pp. 8D, 8F). 2 California Highway Patrol. (2005) Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions. (p. 5C). 3 City of Shafter. ( ). Kern Avoid 18 Anti-DUI Enforcement Team. 4 City of Bakersfield. (2010). A Life Interrupted. 5 California State University, Bakersfield. (2009). Alcohol and Drug Education. Page 3

6 Introduction Continued... Designated Driver Incorporated (DDI) of Bakersfield is an innovative idea to curb driving under the influence. The goal of DDI is to provide a service that gets people who have had too much to drink, and their cars, home safely, thus avoiding a DUI and any other potential consequences of driving while under the influence. 6 Kern County has two Social Host Ordinances. The County ordinance was created in June 2006, followed by the September 2006 amendment of a City of Bakersfield ordinance to include Social Host. Both ordinances hold adults responsible for any underage drinking on property they own, lease, or control. A citation of $1,000 could be given to the individual if any underage person is found drinking on their property. 7,8 The Kern County Mental Health Department developed a series of mini-grants called Community Based Environmental Risk Reduction (C-BERR). These mini-grants were awarded to four communities in Kern County: Arvin, Buttonwillow, Frazier Park and Oildale. Coalitions work to reduce underage alcohol access in their community through environmental prevention strategies. The Alcohol Sensitive Information Planning System (ASIPS) is a strategy that is used in Arvin as part of the C- BERR project to collect information regarding incidents of alcohol and drug involvement in all police calls for service. This data allows law enforcement to pinpoint geographic areas of activities involving alcohol and/or drugs. In turn, this information is later used to create change in the community. 9 STEPS created the Minor Alcohol and Drug Education program to address the need for DUI education among the population under eighteen years of age, since those youth do not qualify for court-mandated drinking driver programs. The Kern County Probation Department makes referrals to this alcohol intervention. 6 Designated Driver Inc. of Bakersfield LLC. (2009). Designated Driver Inc. 7 Office of County Counsel, County of Kern, California. (May 2006). Section 2. Chapter Social Host Liability: Findings, Intent, and Purpose 8 The Council of the City of Bakersfield. (September 2006). City Municipal Code. Ordinance No Chapter Bakersfield, California. 9 California Department of Alcohol and Drug Programs Page 4

7 Purpose of the Study The POLD survey was administered for the purpose of analyzing data for a pattern associated with DUI offenders. The data was used to make recommendations that will help curb DUI offenses in Kern County by addressing the conditions and circumstances that lead to drinking and driving. This study builds a general profile of a DUI offender, including where high-risk problem drinking occurs and habits of high-risk drinkers. Identifying these tendencies allows actions to be targeted toward the most alarming trends that lead to DUI. Compiling this information helps build support among local agencies and organizations for an alcohol-safe community. The main objectives of this study are to: Help local law enforcement and planning agencies improve internal oversight of high-risk drinking settings for which they are routinely responsible. Promote improved serving practices and alcohol policies of retail alcohol outlet owners and operators to reduce a variety of alcohol-related problems, including DUIs. Provide the study as a tool for concerned community groups, such as parent groups, neighborhood associations, and local merchants, to support prevention outreach and education projects. Build broad public support for effective prevention and enforcement measures. Page 5

8 Demographic Profile of Respondents According to the data, drinking and driving can be traced to persons of all genders, ethnicities, and ages. The rate of DUI convictions in Kern County was approximately 80% male, which is comparable to 84% of California DUI convictions of males. People twenty-one through thirty years of age comprised the majority of offenders at 42%. Underage participants ages eighteen to twenty years old accounted for 8% of respondents. Of all participants in the study, 48% were Hispanic and 44% were White. Page 6

9 Drink Settings Respondents were asked, Where had you been drinking? This question required respondents to indicate every drink setting they drank at on the day of their arrest. The most frequent response was at private residences. After analyzing responses from metropolitan residents (Bakersfield area) versus outlying residents (all non-metropolitan County areas), the findings showed some particular differences. Again, the most common drink setting was private residences for these two groups. However, metropolitan (metro) area participants (33%) were more likely to have drunk at bars/clubs and restaurants than outlying area participants (21%). It is beyond the scope of the survey to determine if the difference is due to availability of bars/clubs and restaurants in metro Bakersfield as a factor, or an environmental determinant driving the participants setting choice for drinking. Metro vs Outlying Drink Settings 70% N=2835 Outlying (1005) 60% 60% 52% Metro (1830) 50% 40% 33% 30% 21% 20% 10% 10% 5% 6% 5% 12% 10% 0% Private Residence Bar/Club Restaurant Vehicle Other NOTE: Percentages will not total 100% as respondents were allowed to mark all answers that applied. Drink Settings Page 7

10 Drink Settings Continued... Different trends appeared when examining the same question by gender. Men (57%) were more likely to have drunk at a private residence than women (49%). Instead, women (41%) drank at bars and clubs almost two times more than men did (26%). NOTE: Percentages will not total 100% as respondents were allowed to mark all answers that applied. Some respondents were under the legal drinking age of twenty-one years old. As expected because of their age, 76% of the respondents under age twenty-one drank at private residences, while over half of all the age categories drank at private residences. However, more concerning is the fact that 9% of the under twenty-one year old group were able to drink at bars and clubs. There is a need to identify how underage people obtained access to bars and clubs. This may be a violation of the bars and clubs for not being compliant with the law, or it may be that these underage respondents deceived the bar or club personnel. Slightly more twenty-one to thirty-year-olds drank at bars and clubs than other age groups. Page 8

11 High Blood Alcohol Concentration In California, driving with a Blood Alcohol Concentration (BAC) of 0.08 and above at the time of arrest is considered illegal and an automatic DUI, but in some circumstances even a BAC under 0.08 can be considered a DUI. Metro and outlying area respondents had similar BAC patterns. Alarmingly 42% of metro area and 45% of outlying area respondents reported a BAC of 0.15 and above. These drivers were hardcore drunk drivers, meaning they were often repeat offenders with multiple DUIs and are problem drinkers resistant to change. 10 Respondents age 51 and older (50%) were more likely than other age groups to have a BAC of 0.15 and above. These are unsettling figures, although not as high as other demographic categories; 32% of respondents under twenty-one years of age reported having a BAC of 0.15 and above. The statistics by gender are similar; 46% of women and 41% of men had a BAC of 0.15 and above. By ethnicity, American Indians (47%) and Whites (49%) were more likely than other ethnic groups to have a BAC of 0.15 and above. 10 The Century Council. Distillers Fighting Drunk Driving & Underage Drinking. Page 9

12 Drinking Patterns Pattern and preference of drinking build the respondents profile. Respondents were asked, What kind of alcohol were you drinking at the last location. The question allowed respondents to mark all answers that applied. Thirty-one percent of metro area respondents drank liquor and only 24% of outlying area respondents drank liquor. Beer was overwhelmingly the drink of choice for all respondents; three-fourths of metro area respondents and 81% of outlying area respondents reported drinking beer. On the other hand, about two times more of both metro and outlying area women drank liquor than men. Fifty-one percent of metro area women and 40% of outlying area women drank liquor. NOTE: Percentages will not total 100% as respondents were allowed to mark all answers that applied. Page 10 NOTE: Percentages will not total 100% as respondents were allowed to mark all answers that applied.

13 Kern County Mental Health Department - Substance Abuse Administration Drinking Patterns Continued... The survey asked participants, How many hours were you drinking alcohol on the day of arrest? and How many alcoholic beverages did you consume that day? In an effort to analyze what type of drinking respondents participated in, their drinking details are compared to binge drinking trends. Binge drinking is considered four or more drinks for women and five or more drinks for men, consumed in a short period of time of about two hours. Outlying area women consumed slightly more drinks than metro area women and all male respondents. Calculating four or more drinks consumed for women and five or more drinks for men, 67% of outlying area women were at binge drinking levels versus 54% of metro area women, 63.8% of outlying area men, and 66% of metro area men. Factoring in their reported duration of drinking, over half of all respondents drank one to three hours; 63% of outlying area respondents and 61.4% of metro area respondents. The quantity of drinks and the time span during which they drank indicated dangerous excessive drinking. Page 11

14 Recommendations Recommendations developed based on the study s findings are divided into three categories: Public Education, First-Time Offenders, and Collaboration. Public Education The Kern County Mental Health Department will continue to support DUI deterrent programs as they serve to keep the general public aware that law enforcement takes driving under the influence of alcohol and drugs seriously. One such program is the Kern Avoid program, which is funded by a grant from the Office of Traffic Safety to direct DUI/Driver checkpoints. Additionally, grants from the Department of Alcoholic Beverage Control (ABC) fund public education projects, including the ongoing Compliance Check Operations through the Sheriff s Office and the cities of Ridgecrest, Arvin, and Tehachapi. The Social Host Ordinance needs to be utilized more efficiently to make adults responsible for underage drinking in private homes. The County of Kern and City of Bakersfield have enacted Social Host ordinances. These ordinances are not adjudicated through the courts system, but are administrative in nature and only require that a ticket be issued by law enforcement. Surveys of youth show that the most common sources of alcohol are the young person s own home or from persons over the age of twenty-one who purchase alcohol for them. Some adults believe underage drinking is just part of growing up and therefore feel it is acceptable to give alcohol to underage people. Social host liability laws send a clear message to adults that providing alcohol to underage youth is unacceptable. Responsible Beverage Service (RBS) training needs to be used by more retailers to avoid situations such as overserving drinks to patrons. RBS is a community-based approach to reducing risks associated with retail alcohol environments. RBS has three essential elements: policy development, merchant education, and partnerships with law enforcement. The goal is to reduce alcohol-related problems by holding merchants accountable if they violate state and local laws, such as sales to minors and intoxicated patrons. Effective RBS means that bars check identification, refuse service to intoxicated patrons, and the community gets involved to ensure safe alcohol service and sales. Key management personnel must endorse these policies and everyone, from the doorman to the owner, must comply with local and state laws. The public needs to be aware of Alcoholic Beverages Control s Target Responsibility for Alcohol Connected Emergencies (TRACE). This program investigates incidents involving alcohol and minors, and traces where the minor acquired the alcoholic beverages that contributed to the incident. If the community and retailers know the risk they take by supplying alcohol to minors, they may rethink before supplying them with alcohol. Environmentally, there are changes that can promote sober driving. The over-concentration of alcohol licenses in some segments of the community has negative effects. More alcohol outlets mean more exposure to alcohol advertisements through merchant store advertisements and more access to alcohol, which then turns into more alcohol consumption. Page 12

15 Recommendations Continued... With the overexposure to alcohol advertisements, counter-advertisement is a tool necessary to combat the power of alcohol advertisement. Counter-advertisements can educate about health risks. This impact can reach youth and create a social shift of norms. Another strategy that can be used in the retail arena is the Lee Law (Section of the California State Business and Professions Code), which stipulates that no more than one-third of the square footage of windows and clear doors (e.g., glass) of an alcohol retailer may have signs of any sort, including all types of advertising. The less exposure to alcohol advertisement the public has, the less likely they are to consume alcohol. Loitering and drinking at retail businesses is an issue that contributes to drunk driving. This is exacerbated by convenience stores that have check cashing services where people buy alcohol at the time they cash their paychecks. Alcohol compliance checks by law enforcement agencies continue to be useful strategies to keep retailers compliant. First-Time Offenders First-time DUI offenders are an opportune group for lasting and significant intervention. With the problem of crowded jails and saturated court calendars, many first-time offenders are held in custody for less than forty-eight hours. According to law enforcement, the forty-eight hour hold gives first-time offenders a more realistic feel of what jail is like and can decrease the likelihood of recidivism among offenders. Collaborating with municipal jails may be a way to solve this issue. Municipal jails have an average of thirty to forty empty jail cells that might be reserved for this group through collaboration. For juvenile offenders, probation can be an outlet for these holds. Using technology can help place fairer repercussions on first-time offenders. Currently, the Bakersfield Police Department and the Sheriff s Office have License Plate Reader (LPR) technology. This high-tech camera scans license plates, and that information is compared to a statewide database of 92,000 multiple DUI offenders. Law enforcement can track those multiple DUI offenders, but officers can pull over the vehicle only for a valid traffic stop. 11 Secure Continuous Remote Alcohol Monitoring (SCRAM) technology, which is paid for by the offenders and monitored by the Probation Department, is a device that offenders can opt for instead of jail. SCRAM is a device worn on the ankle that electronically monitors a person s location on a continuous basis and also tests their sobriety by sampling their sweat every hour for alcohol use. This device primarily has potential to increase the detection of prohibited alcohol use among offenders. Other effects may include helping reduce alcohol consumption as well as having an increased compliance with other conditions of supervision. 12 This technology may be available through the Probation Department. Collaboration Collaboration is crucial to accomplishing significant and lasting change regarding drinking and driving in the community. A roundtable of key stakeholders from multiple agencies and disciplines need to be brought together. It is imperative that this group work together to tackle the problem from a multidisciplinary approach. The only way to make momentous change is to attack the problem from all angles. 11 Police get Bluetooth fingerprint scanners, car-mounted license plate scanner to fight crime, GEAR: New equipment makes policing faster. Bakersfield Californian 1 June Marion County Community Corrections. Secure Continuous Remote Alcohol Monitoring (SCRAM) Technology Evaluability Assessment. pdffiles1/nij/secure-continuous-remote-alcohol.pdf. Page 13

16 Conclusion Drunk driving not only causes many injuries and deaths every year, but it also costs the community great damage from the process linked to DUI offenses. The survey highlighted three definitive issues among DUI offenders in Kern County. First, offenders are drinking in excess. BACs of 0.15 and above are common for offenders. These levels are dangerous to the driver s health and safety and to the public s safety. The issue also raises the question of responsible serving practices at bars, clubs, and restaurants. Second, offenders under twenty-one years old are predominately drinking in private residences. This issue raises a flag on many points, such as adults hosting underage people, house parties, unsupervised liquor cabinets, etc. The community would benefit if social host violations were imposed. Third, when women drink, they are consuming amounts equal to or more than the amount consumed by men. Women s alcohol consumption has been rising for the past decade. Alcohol advertisements targeting women have increased. Many concerns surface when thinking about women drinking at similar levels as men. The very nature of a woman s biology makes alcohol more potent to a woman, the health risks are more severe, and the risks associated with drinking during pregnancy can have lifelong consequences for society as a whole. In conclusion, there is no one answer to solving the problem of drinking and driving, but there are many strategies that can alleviate the problem. Promising Beginnings Efforts to reduce the public s involvement in driving while under the influence of alcohol, and youth s involvement with drugs and alcohol, are continuously and very actively conducted throughout Kern County. Current projects include, but are not limited to: Kern Avoid was awarded a three-year grant in the amount of $605,000 to provide DUI enforcement throughout Kern County. This task force involves over eighteen law enforcement agencies and focuses on providing DUI checkpoints where many DUI citations are given. The Avoid program is an effort funded by the California Office of Traffic Safety to enhance provision of DUI checkpoints. The California Alcoholic Beverage Control provides grants for Shoulder Tap and Decoy Operations (also known as compliance checks). Underage persons are trained and work with law enforcement to ensure adults are not purchasing for or selling alcohol to minors. Currently the Kern County Sheriff s Office has a grant for $71,769 to support this effort. Possible legislation is another opportunity for change. The Watson Admonishment Law (VC23593)(a)) states that the court must advise a person convicted of a violation of Section 23103, as specified in Section , or a violation of Section or 23153, as follows: You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder. Mountain Communities Coalition Against Substance Abuse (MCCASA) began with a Community-Based Environmental Risk Reduction (C-BERR) grant of $2,500 to gather data related to alcohol availability in the Frazier Park community. After three years of advocacy and coalition building, they applied for and were awarded a five-year Drug-Free Community grant in the amount of $750,000 ($150,000 per year) that can be renewed for an additional five (5) years. The grant builds on the work they began through the C-BERR grant to address underage drinking. Page 14

17 Acknowledgements While the work group that came together to review the POLD Study results came from varied backgrounds and we thank them all for their participation, we would like to note the following individuals: Ron Bailey, Criminalist, Office of the District Attorney, Forensic Science Division Mr. Bailey has been with the Toxicology section of the Crime Laboratory for ten years and testifies concerning the effects of alcohol on human performance. Gloria J. Cannon, J.D., Deputy Public Defender, Kern County Public Defender's Office Ms. Cannon is the supervisor of the Proposition 36 Unit. Ms. Cannon was admitted to the California Bar Association in December 1996, and joined the Public Defender's Office in November Linda Eviston, M.P.A., Special Treatment Education and Prevention Services, Inc. (STEPS) Ms. Eviston has been the Executive Director of STEPS, Inc., a non-profit DUI program in Bakersfield, for almost five years. She believes that alcohol and drug services have the power to change lives. Ms. Eviston has a bachelor s degree in psychology and a Masters in Public Administration. Jim McManus, Traffic and Alcohol Awareness School of Kern (TAASK) Mr. McManus is the Executive Director of TAASK. TAASK initially provided drinking driver programs in the communities of Arvin, Delano, Shafter and Taft, and expanded into Bakersfield in the early 1990s. TAASK gradually expanded to include programs in the eastern Kern County communities of Lake Isabella, Mojave, Ridgecrest, and Tehachapi. Carla Pearson Mothers Against Drunk Driving (MADD) Ms. Pearson's stepson Adam was killed by a multiple offender drunk driver. Out of this unspeakable horror, Ms. Pearson has dedicated herself to the fight against this all too common occurrence that kills and injures innocent people every day in our county. She is directly responsible for changes in California law, proposing AB 2173 VC 23593, which was signed into law by the governor in She refuses to accept the concept of a "first time" DUI, correctly noting studies that confirm that "first time caught" is vastly different than "first time," and has taken her vital message to schools, clubs and groups throughout the state. Joshua Porter, District Supervisor, Alcoholic Beverage Control Mr. Porter began his employment in the Bakersfield Office as an Investigator in 2002, and was promoted to Supervising Investigator in Tommy Tunson, J.D., M.P.A., Chief, Arvin Police Department Chief Tunson is a member of the Behavioral Health Board, representing Supervisorial District Five. As a part-time professor of criminal justice at the University of Phoenix, he is involved in several prevention and intervention programs that support and advocate mental health and substance abuse services in our communities. Page 15

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