Front-line police officers' practices, perceptions and attitudes about the enforcement of impaired driving laws in Canada

The increasing role of provincial administrative sanctions in Canadian impaired driving enforcement

Objective: The object of this study is to document the recent shift in Canadian impaired driving enforcement from federal criminal proceedings to provincial administrative sanctions, examine the deterrent impact of these new administrative measures, and review the numerous legal challenges that they have generated.Methods: This article highlights the expanded role of provincial administrative license suspensions (ALSs) and vehicle impoundments (AVIs) in Canadian impaired driving enforcement, summarizes the evidence of their deterrent impact, and discusses the implications of the related Canadian case law.Results: Provincial administrative sanctions have been used increasingly, both to supplement and replace federal impaired driving charges. Recent experience in British Columbia and Alberta illustrates the potential traffic safety benefits of enacting comprehensive impairment-related roadside administrative measures. In 2010, British Columbia enacted a package of roadside administrative sanctions, which included mandatory ALSs, AVIs, monetary penalties, license-reinstatement fees, and remedial programs. A study conducted two years later reported that alcohol-related fatal crashes had fallen by 52%. Alberta enacted similar provisions, and saw alcohol-related fatalities decrease by 46% within six months of the legislation coming into force. Although effective, these new roadside sanctions generated a flurry of legal challenges. The cases indicate that while the provinces have broad leeway, there are legal limits on their authority to impose onerous administrative sanctions on drivers, particularly if they are based on a single roadside alcohol or drug-screening test.Conclusions: With careful drafting, the provinces can enact cost-effective roadside administrative sanctions that have been shown to significantly reduce impaired driving deaths and injuries. The legality of any administrative sanction will likely depend on its severity, the reliability of the test or evidence upon which it is based, and the extent to which the driver has a meaningful opportunity to challenge the decision.

Engaging police to identify challenging school crossings and potential improvements

This paper discusses the value of police officers as vital sources of information regarding pedestrian safety in their communities by presenting results from a survey of traffic safety police officers. The survey requested information on school crossings that the officers considered most challenging for pedestrians. Officers specified the intersections or mid-block locations with school crossings, and answered questions about elements of the locations, such as what makes the locations challenging, and what might be done to improve conditions at these locations. A key finding from the survey is the police officers' identification of challenging intersections or other crossing locations by criteria other than the occurrence of crashes, including reported pedestrian-vehicle near-miss incidents. A broad literature review of pedestrian safety studies provides context for the use of near-miss data in discussions of improvements to pedestrian crossings. Although not typically considered a primary resource for pedestrian safety information, police officers are most often very familiar with their communities, work in locations where pedestrian and motor vehicle traffic can be experienced and observed, and receive information from their staff and members of the public who use pedestrian crossings. The survey findings demonstrate that police officer insights and near-miss data may serve as important supplementary sources of information in the effort to identify locations in need of interventions before crash occurrence.

Program design for incentivizing ignition interlock installation for alcohol-impaired drivers: The Ontario approach

INTRODUCTION

Drinking and driving is a major risk factor for traffic injuries. Although ignition interlocks reduce drinking and driving while installed, several issues undermine their implementation including delayed eligibility for installation, low installation once eligible, and a return to previous risk levels after de-installation. The Canadian province of Ontario introduced a "Reduced Suspension with Ignition Interlock Conduct Review" Program, significantly changing pre-existing interlock policy. The Program incentivizes interlock installation and an "early" guilty plea. It also attempts to reduce long-term recidivism through behavioural feedback and compliance-based removal. This evaluation is the first in assessing Program impact.

METHODS

Ontario drivers with a first time alcohol-impaired driving conviction between July 1, 2005 and November 25, 2014 comprised the study cohort. Longitudinal analyses, using interrupted time series and Cox regression, were conducted in which exposure was the Program and the outcomes were ignition interlock installation (N=30,200), pre-trial elapsed time (N=30,200), and post-interlock recidivism (N=9326).

RESULTS

After Program implementation, installation rates increased by 54% and pre-trial elapsed time decreased by 146 days. Results suggest no effect on post-interlock recidivism.

CONCLUSIONS

Through an incentive-based design, this Program was effective at addressing two commonly cited barriers to interlock implementation- delayed eligibility for installation and low installation once eligible. Results reveal that installation rates are responsive not only to incentivization but also to other external factors, thus presenting an opportunity for policy makers to find unique ways to influence interlock uptake, and thereby, to extend their deterrent effects to a larger subset of the population. This study is one of the few that do not rely on proxy measures of installation rate.

Effects of introducing an administrative .05% blood alcohol concentration limit on law enforcement patterns and alcohol-related collisions in Canada

Except for Quebec, all Canadian provinces have introduced administrative laws to lower the permitted blood alcohol concentration (BAC) to .05% or .04% for driving-or having the care of-a motor vehicle. Using linear mixed effects models for longitudinal data, this study evaluates the effect of administrative BAC laws on fatal alcohol related crashes and law enforcement patterns in Canada from 1987 to 2010. Results reveal a significant decrease of 3.7% (95% C.I.: 0.9-6.5%) in fatally injured drivers with a BAC level equal or greater than .05% following the introduction of these laws. Reductions were also observed for fatally injured drivers with BAC levels greater that .08% and .15%. The introduction of administrative BAC laws led neither to significant changes in the rate of driving while impaired (DWI) incidents reported by police officers nor in the probability of being charged for DWI under the Criminal Code.

Proportion of injured alcohol-impaired drivers subsequently convicted of an impaired driving criminal code offence in British Columbia

Background:

Alcohol is a frequent contributing factor to motor vehicle collision injuries. Our objective was to determine the proportion of intoxicated drivers hospitalized following motor vehicle crashes who were subsequently convicted of an impaired driving criminal code offence.

Methods:

We reviewed British Columbia Trauma Registry records from Jan. 1, 1992, to Mar. 31, 2000, and identified drivers of motor vehicles who were hospitalized for treatment of crash-related injuries. Patient identifiers were then used to link with the Insurance Corporation of British Columbia’s (ICBC) contraventions database and the ICBC Traffic Accident System collisions database.

Results:

Of 6067 patients identified in the Trauma Registry, 4042 had not been administered a blood ethanol test, 209 had no driver’s licence match in the relevant databases and 119 died, leaving 1697 eligible patients. Mean age was 34 years, and 79.6% were male. The average Injury Severity Score was 20, the average hospital stay was 14 days and, among ethanol-positive patients, the mean ethanol level was 34.0 mmol/L (156.4 mg/dL). In patients with levels >17.3 mmol/L, the police had listed ethanol as a contributing factor in 70.6% of cases. Despite this, only 11.0% were convicted of impaired driving and 8.4% of another criminal offence; 10.7% received a 24-hour roadside prohibition, 3.9% received a 90-day administrative driving prohibition and 25.0% were convicted of a contravention of the Motor Vehicle Act. Forty-one percent were not convicted of any offence at all.

Conclusions:

Intoxicated drivers in British Columbia requiring hospitalization as a result of alcohol-related motor vehicle crashes are seldom convicted of impaired driving or other criminal code offences.

The impact on alcohol-related collisions of the partial decriminalization of impaired driving in British Columbia, Canada

INTRODUCTION

The purpose of this paper is to assess the impact of administrative sanctions introduced as part of a new law for drinking drivers in British Columbia, Canada. The new law, known as immediate roadside prohibitions (IRP), aimed to increase the efficiency of police and courts for processing drinking drivers, thereby increasing the certainty of their being apprehended and punished. However, in order to maintain these efficiencies, sanctions under this new law largely replaced laws under the Criminal Code of Canada for Driving While Impaired (DWI) by alcohol, which had more severe penalties but lower certainty of punishment. We examined whether the intervention was related to abrupt significant declines in three types of alcohol-related collisions (i.e. fatalities, injuries or property damage only) compared to the same type of collisions without alcohol involvement.

METHODS

An interrupted time series design, with a non-equivalent control was used, testing for an intervention effect. Monthly rates of the three types of collisions with and without alcohol involvement were calculated for the 15-year period before and the 1-year period after implementation of the new law. ARIMA time series analysis was conducted controlling for trend effects, seasonality, autocorrelation, and collisions without alcohol.

RESULTS

Significant average declines (p<0.05) in alcohol-related collisions were found as follows: 40.4% for fatal collisions, 23.4% for injury collisions and 19.5% for property damage only collisions. No significant effects were found for any of the three comparable non-alcohol-related types of collisions.

CONCLUSIONS

These results suggest that provincial law of administrative sanctions for drinking drivers and associated publicity was more effective for minimizing alcohol-related collisions than laws under the Canadian Criminal Code.

Random breath testing: a Canadian perspective

OBJECTIVE

The purpose of this article is to examine the case for and challenges to implementing random breath testing (RBT) in Canada, with a particular focus on the persistence of impaired driving under the current method of law enforcement. It seeks to place RBT within Canada's existing legal and social framework.

METHODS

This article reviews Canada's impaired driving record, charge and conviction rates, and law enforcement challenges. It then summarizes the impact that RBT programs have had in comparable countries. Finally, it examines whether the enactment of RBT would be upheld under Canada's Charter of Rights and Freedoms.

RESULTS

Canada has made little progress in reducing impaired driving since the late 1990s. Current enforcement methods fail to detect the majority of impaired drivers, even when stopped at sobriety checkpoints. This has reduced the perceived risk of apprehension and helps to explain the persistence of impaired driving in Canada. Faced with similar challenges, Australia, New Zealand, Ireland, and most EU countries have introduced comprehensive RBT programs. Comprehensive RBT has been shown to significantly reduce impaired driving deaths and injuries. Proposals to enact RBT in Canada will inevitably generate claims that it violates drivers' Charter rights. Similar arguments have been raised in opposition to RBT in other countries. This article demonstrates that RBT is compatible with the existing Charter case law involving traffic legislation and border, airline, and courtroom security.

CONCLUSION

Experience in other countries indicates that RBT is a minimally intrusive, cost-effective, and publicly accepted impaired driving countermeasure and that it would significantly improve the detection and deterrence of impaired drivers. Moreover, RBT is compatible with the Charter.

Hypothalamic-pituitary-adrenal axis response to stress in male DUI recidivists

Cortisol is a stress hormone mediated by the hypothalamic-pituitary-adrenal (HPA) axis and a psychobiological marker of genetic risk for alcoholism and other high-risk behavioural characteristics. In previous work with driving under the influence of alcohol (DUI) recidivists, we uncovered a significant inverse relationship between the frequency of past DUI convictions and salivary cortisol, whose strength surpassed those observed between DUI frequency and measures of alcohol abuse and other DUI-related characteristics. This finding emerged using a methodology not specifically contrived to test this relationship. The goals of this follow-up study were to (a) examine if a standardized stress-induction protocol would produce a significant inverse relationship between cortisol response and number of DUI offences; and (b) clarify whether HPA axis dysregulation could be linked to particular DUI-related behavioural correlates, such as alcohol use severity, sensation seeking, and antisocial features. Thirty male DUI recidivists were recruited as well as 11 male non-DUI drivers as a comparison group. Results indicated an inverse relationship between DUI frequency and cortisol response (r(39)=-0.36, p=0.021), as well as a lower cortisol response in DUI offenders than the comparison group (F(1,39)=5.71, p=0.022). Finally, for recidivists, hierarchical regression analyses indicated that experience seeking (R(2)=0.23, p=0.008), followed by number of cigarettes smoked daily ((Delta)R(2)=0.12, p=0.031), combined to explain 35% of the variance in cortisol (F(2,29)=7.26, p=0.003). These findings indicate that severe recidivism may have psychobiological underpinnings, and that HPA axis dysregulation appears to be a mechanism common to high-risk behaviours including DUI recidivism, sensation seeking, and cigarette smoking.

Neurocognitive characteristics of DUI recidivists

Individuals who drive under the influence (DUI) of alcohol may be at greater risk for neurocognitive impairment because of their exposure to multiple sources of neurological risk. This could contribute to the persistence of DUI behaviour and influence the effectiveness of remedial interventions. The objectives of this study were to clarify the neurocognitive characteristics of DUI recidivists and the nature of potential impairments, and to explore relationships between these characteristics and the frequency of past DUI convictions. One hundred male recidivists were evaluated for visuospatial constructional abilities and visual memory, verbal fluency, attention skills, cognitive flexibility, spatial planning, and verbal and movement inhibition. Results indicated that a majority of recidivists showed signs of neurocognitive impairment on several dimensions. Impairment was most marked on visuospatial constructional abilities and visual memory. In contrast to previous studies, no participants were found to have impulse control problems. Measures of memory and cognitive efficiency were significantly associated with the frequency of past convictions. Finally, exploratory analyses of two potential sources of impairment, alcohol exposure and head trauma, suggested the role of excessive alcohol use as the most obvious associated factor. Overall, the findings indicate that neurocognitive impairments are a common feature in recidivists and may contribute to DUI persistence. Development of a DUI-specific neurocognitive assessment and greater understanding of how neurocognitive status influences DUI risk could lead to remediation strategies better adapted to the individual characteristics of recidivists.

Urban-rural differences in motor vehicle crash fatality and hospitalization rates among children and youth

This population-based study examined motor vehicle crash hospitalization rates and death rates among children and youth in rural and urban areas of the province of Alberta, Canada. Using police report data (1997-2002, inclusive), average annual motor vehicle crash hospitalization and death rates among those 0-19 years of age were calculated for rural and urban regions. Across all age and sex strata examined, both the hospitalization and the fatality rates were significantly higher in rural compared with urban regions. After adjusting for age, sex and calendar year, the relative risk of a motor vehicle crash hospitalization (rural versus urban) was 3.0 (95% CI: 2.8, 3.2). After adjusting for age, sex and calendar year, the relative risk of a motor vehicle crash fatality was 5.4 (95% CI: 4.2, 6.9). Motor vehicle crash injury hospitalization and fatality rates among children and youth in the province of Alberta are considerably higher in rural areas compared with urban areas. There is a need to identify social, demographic and environmental driving hazards associated with the rural environment.

Traffic-law enforcement and risk of death from motor-vehicle crashes: case-crossover study

BACKGROUND

Driving offences and traffic deaths are common in countries with high rates of motor-vehicle use. We tested whether traffic convictions, because of their direct effect on the recipient, might be associated with a reduced risk of fatal motor-vehicle crashes.

METHODS

We identified licensed drivers in Ontario, Canada, who had been involved in fatal crashes in the past 11 years. We used the case-crossover design to analyse the protective effect of recent convictions on individual drivers.

FINDINGS

8975 licensed drivers had fatal crashes during the study period. 21501 driving convictions were recorded for all drivers from the date of obtaining a full licence to the date of fatal crash, equivalent to about one conviction per driver every 5 years. The risk of a fatal crash in the month after a conviction was about 35% lower than in a comparable month with no conviction for the same driver (95% CI 20-45, p=0.0002). The benefit lessened substantially by 2 months and was not significant by 3-4 months. The benefit was not altered by age, previous convictions, and other personal characteristics; was greater for speeding violations with penalty points than speeding violations without points; was no different for crashes of differing severity; and was not seen in drivers whose licences were suspended.

INTERPRETATION

Traffic-law enforcement effectively reduces the frequency of fatal motor-vehicle crashes in countries with high rates of motor-vehicle use. Inconsistent enforcement, therefore, may contribute to thousands of deaths each year worldwide.

A small area study of motor vehicle crash fatalities in Alberta, Canada

This study examined the small area variation in motor vehicle crash fatality rates in the province of Alberta, Canada. Motor vehicle crash fatality rates per 100000 population (1995-1997, inclusive) were determined for five geographic areas in the province. The rates showed substantial, statistically significant variation across areas, with fatality rates lowest in the urban areas of Calgary and Edmonton, and highest in the rural areas (south, central, and northern Alberta). Examination of area-level predictors-population density, impaired driving citation rates, education level, unemployment levels, and ethnicity-showed that population density and impaired driving rates were associated with motor vehicle crash fatality rates. There was a five-fold difference in annual motor vehicle crash fatality rates between rural (22.9/100000) and urban areas (4.4/100000), whereas annual impaired driving rates were around 1.8% in rural areas, compared with 0.6% in urban areas. Because of multicollinearity problems, it was not possible to estimate a multivariable Poisson regression model. In conclusion, rural areas in the province of Alberta demonstrate a significantly higher motor vehicle crash fatality rate, compared with urban areas.

The effects of introducing or lowering legal per se blood alcohol limits for driving: an international review

In this review evidence on the impact of introducing or lowering legal blood alcohol limits on traffic safety measures is examined. There is substantial variability in the types and rigour of methods used to evaluate these legislative measures, and thus not surprisingly there is variability in the results observed. In most but not all cases where an evaluation of an introduced or lowered legal limit has been conducted, some beneficial effect on traffic safety measures has been reported. These effects are in some cases relatively small, and in other cases may be temporary. In some jurisdictions, lasting reductions in collision rates have been reported. Available evidence suggests that where beneficial effects are observed they are due to general deterrence, and not restricted only to drivers at blood alcohol concentrations (BAC) specifically affected by the legal change.