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									State of Vermont
Department of Public Safety
Governor’s Highway Safety Program

   Report of Activity Related to DUI
                   January 15, 2008
            State of Vermont
   Department of Public Safety
Governor’s Highway Safety Program
 Report of Activity Related to DUI

                January 15, 2008

                      Jim Douglas, Governor
 Thomas R. Tremblay, Commissioner, Department of Public Safety
     Francis X. Aumand III, Director, Criminal Justice Services
     Jeanne Johnson, Coordinator, Highway Safety Program
  Stephen Reckers, Coordinator Alcohol Traffic Safety Program

   Thomas R. Tremblay, Commissioner
   Governor’s Highway Safety Representative
   Department of Public Safety
   103 South Main Street                          802-241-5200
   Waterbury, VT 05671                  

   Francis X. Aumand III, Director
   Criminal Justice Services
   Department of Public Safety
   103 South Main Street                          802-241-5283
   Waterbury, VT 05671                  

   Jeanne Johnson, Coordinator
   Governor’s Highway Safety Program
   5 Park Row                                     802-241-5501
   Waterbury, VT 05671                  

   Stephen Reckers
   Coordinator, Alcohol Traffic Safety Programs
   Governor’s Highway Safety Program
   5 Park Row                                     802-241-5505
   Waterbury, VT 05671                  
                              Report of Activity Related to DUI
                                        January 2008
                                                    Table of Contents
Introduction…………………………..…..……… 1                           TABLES
                                                           1. Summary Progress Measures……….…………..            1
Program Evaluation…..…………..……….…..…. 3
                                                           2. Vermont Highway Deaths 1992-2006..…………. 2
  DUI Groups……………..………….…………..                      5      3. SHARP & Local DUI Enforcement Fund Activity 14
  Police Enforcement Cooperation & Planning......   5
  Drug Recognition Expert (DRE) Program….…          5      4. DUI Population under Corrections Supervision… 23
  Youth Activity to Prevent Underage Drinking..     6
  You Drink & Drive, You Lose……………..….              7      5. System Impacts Summary……………………….. 27

Equipment Needs                                            CHARTS
  List……………………………………………. 8                                 1. Vermont Alcohol-Related Deaths..……………… 3
 Evidentiary Breath Testing Devices…………… 9
                                                           2. Traffic Deaths per 1,000 of population ………… 3
DUI Publicity and Advertising
 Public Information Officer (PIO)…………..…             9     3. 15 –20 Year olds Traffic Deaths 1992-2006 …… 4

Forfeiture and Immobilization .…………….…… 11                 4. Vermont DUI Arrests .………………………….. 12

DUI Law Enforcement Activities                             5. DUI Charges Filed (by Quarter) ………………… 20
 Grants to Local Enforcement Program ….…… 12
 Stop Teen Alcohol Risk Team (START) ......... 15          6. .02 Citations Issued ……………………….….… 20
 State Police DUI Enforcement Efforts …...….. 15
                                                           7. Possession of Malt Beverage by Minor Charges.. 21
DUI Enforcement Fund……….…………………. 17
                                                           8. Demands for Alcohol & Drug Program Services.. 22
Recommended Law Changes………..……….….. 18
                                                           9 Corrections DUI Population ………………..…. 23
Impact Measures………………………………… 20
                                                           10. Defender General DWI Charges Disposed ……. 24
Downstream System Impacts
  Alcohol and Drug Abuse Programs..……….…            22     11. Court Diversion Referrals ……………………... 25
  Corrections …………………………..………..                     23
  Defender General…………………….………..                    24
  Diversion Teen Alcohol Safety Program……...        25

Conclusion……………………….……………… 27
  Future Plans (2008)…………………………… 28

1. 2005 Local Enforcement Grant Awards……… 29-30            3. Infrared Breath Test Equipment Replacement Plan
2. Defender General DWI Disposed Charges…..….. 31
In 1998, the Vermont legislature passed Act 117. The Legislature designed Act 117 to reduce
drinking and driving, and driving under the influence (DUI) in Vermont. The Governor’s
Highway Safety Program incorporates the initiatives within Act 117 as part of an integrated,
coordinated and balanced approach to highway safety efforts to reduce the overall highway
deaths in Vermont.

In each year from the late nineties through 2003 Vermont made great strides in reducing alcohol-
related highway deaths and highway crash deaths in general. (See table 2, page 3). In those
years, alcohol-related highway deaths were declining, young adult (15-20) alcohol-related deaths
were lower, DUI arrests increased and more people were in substance abuse treatment in

                                                        1995-1997                    Percent
                                                         Average                     Change
   Alcohol-Related Highway Deaths                          37.33           29.00*    -22.31%
   Young Adult (15-20) Alcohol-Related Deaths               9.00            7.00*    -22.22%
   DUI Arrests                                             3,845           3,764*    -2.11%
   People In Treatment (CRASH & DOC)              1,060       3,244**                +206%
                          Table 1 – Summary Progress Measures
                               * 2004-2006 ** 2005-2007

In 2004, the number of fatalities rose sharply to 98, including 30 alcohol-related deaths and 21
young adults. This occurred despite the continued efforts of the Vermont police community,
prevention coalitions and the traffic safety community. This rise in the number of deaths
concerned everyone in the highway safety community. We were pleased that in 2005 the death
toll lowered to 73 with 29 in alcohol-related crashes, and the number of young adults who died
matched the 2003 number of 13 with only four being alcohol-related. However in 2006, the
number of highway deaths rose alarmingly in the first six months. The efforts by the highway
safety community in Vermont turned a disastrous year around and the year ended with 24%
fewer deaths than would have been expected if the second half of the year mirrored the first half.

In 2007, Vermont had what would be called a good year. Sixty-seven people lost their lives on
our roadways. As in past years, the alcohol information for the most recent year is not available
yet. Six of those deaths were in the young adult (15 – 20) category. That is the lowest number of
deaths in that age group in fifteen years.

Seven were motorcyclists, which are becoming a population of national focus because of the
increasing number of rider deaths nationwide. The seven deaths in Vermont is a reduction from
2006 and the lowest number since 2003, when three died.

                              2008 Report to Legislature on DUI Activity
Our primary focus in trying to reduce alcohol-related crashes is to highlight both the dangers of
impaired driving and the increased likelihood of apprehension and punishment. The emphasis on
increased detection of DUI and stricter enforcement of DUI laws followed by treatment when
needed is having the desired result. Fewer people are dying as a result of alcohol-related crashes.

This report and the data contained in it come from various sources. Although we know about the
highway deaths relatively quickly, most data sources are not as readily available. Most data is
through 2006, and indicates improvement in almost all measures of success in DUI reduction.
The low tally of deaths in 2007 gives us hope for further success just as the high numbers of
deaths that occurred in 2004 and 2006 cause us great concern. However; the number of alcohol-
related deaths is remaining at about 30 and not showing the fluctuation experienced in the total
numbers of fatalities despite a growing population.

Year               15 – 20 Year Olds                          All Other Ages                  Total
         Alcohol     Nonalcohol     Subtotal       Alcohol     Nonalcohol    Subtotal   A-R    Not    All
1992       4             13           17              29           49           78       33    62     95
1993       6             12           18              33           59           92       39    71     110
1994       7              9           16              25           36           61       32    45     77
1995       8             11           19              31           56           87       39    67     106
1996       11             5           16              29           43           72       40    48     88
1997       8              6           14              25           57           82       33    63     96
1998       8             12           20              28           56           84       36    68     104
1999       3             14           17              31           42           73       34    56     90
2000       9              9           18              22           36           58       31    45     76
2001       2              7           9               30           53           83       32    60     92
2002       3              8           11              23           44           67       26    52     78
2003       7              6           13              20           36           56       27    42     69
2004       12             9           21              18           59           77       30    68     98
2005       4              9           13              25           35           60       29    44     73
2006       5             10           15              23           49           72       28    59     87
2007                                  6                                         61                    67
                                   Table 2 - Vermont Highway Deaths

                                   2008 Report to Legislature on DUI Activity
                                  Program Evaluation
    45                                                 Saving lives, reducing injury and reducing
    40                                                 property damage resulting from drinking and
    35                                                 driving are the motivation behind many
    30                                                 efforts in Vermont. Education, treatment and
    25                                                 enforcement agencies across the State are all
    20                                                 contributing. To gauge the success of every
    15                                                 level of these activities takes a variety of data
    10                                                 sources. However, the one piece of
     5                                                 information that is available and easily
                                                       understood, and was a key indicator used in
                                                       formulating 1998’s Act 117, is the number of
                                                       persons who die in alcohol-related traffic
           15-20 Age Group    All Other Ages           crashes each year.
  Chart 1 - Vermont Alcohol Related Deaths
                                                     As we work in the tenth year after passage of
Act 117, alcohol-related traffic deaths are being reduced (Chart 1), as are overall traffic deaths
                                                     (Table 2). Although deaths increased in 2004
   1.80                                              and 2006, alcohol deaths did not dramatically
   1.60                                              rise above recent years:
   1.40                                              • In the three years preceding 1998, 112
   1.20                                              people died in alcohol-related traffic crashes.
   1.00                                              Eighty-seven people died under similar
   0.80                                              circumstances in the 2004-2006 period, 22%
                                                     lower than the base period and one more than
                                                     the 2003-2005 period, indicating a leveling
                                                     off of the number of alcohol-related highway
                                                     deaths at just below 30 per year.
                                                     • The past five years’ numbers are: 2002-26,
           1995-1997 Avg     2004-2006 Avg
                                                     2003-27, 2004-30, 2005-29 and 2006-28. The
        Alcohol-Related NonAlcohol-Related           five-year average is 28, confirming this
          Chart 2 – Traffic Deaths per               leveling off and the need for renewed effort to
          10,000 Vermont population                  push the number closer to zero, our ultimate

                                                    All traffic crash deaths are similarly being
reduced. Comparing the same three-year periods, we see that 290 people died in the 95-97
period, with 258 dying in the later (04-06) period. This is an 11% reduction, despite 2004 and
2006 being considered as bad years for highway deaths in Vermont.

Comparing rates of highway deaths per 10,000 of population (Chart 2) also shows reductions in
both categories of deaths. The difference in the alcohol-involved rate is 25%; for non-alcohol-
involved crashes, the difference is 9%. For all traffic deaths, the reduction is 15%.

                               2008 Report to Legislature on DUI Activity
  25                                                       The 15 to 20 year-old population
                                                           (Table 2 & Chart 3) attracts special
                                                           attention in the fight against traffic
   15                                                      deaths in general, and specifically
                                                           alcohol-related traffic deaths.
   10                                                      Although they represent only about
                                                           9% of the Vermont population, 15% of
                                                           those killed on our highways in the
     0                                                     past three years (2005-07) are in this
                                                           age group. In the three years prior to
                                                           Act 117 1995-97, 49 of these young
           Alcohol Related      NonAlcohol-Related         adults died on Vermont roads. In the
           Unknown                                         most recent three years, 34 in that age
        Chart 3 - 15-20 Year olds Traffic Deaths           group died on our roads; 31% fewer.
                                                           The alcohol-related portion of these
                                                           deaths has ranged from 68.8% (11 of
16 deaths) in 1996, to 17.6% (3 of 17 deaths) in 1999, with no apparent trend. In the most
current year for which alcohol-related deaths are available, 2006, the rate was 33.33% (5 of 15)
in this age group.

The emphasis placed on DUI laws by the Legislature, increased patrols and checkpoints by
police agencies, continuing efforts in Departments of Public Safety, Health, Education,
Corrections and others, governmental and private, all contribute to this societal change we seek.
This team effort, encouraged and promoted by Act 117, is making progress in reducing the death
toll on Vermont’s roads. The driving and drinking-and-driving habits of Vermont drivers appear
to be changing. We see very encouraging improvements over the last five years:

   Vermont experienced a 15.5% decrease in persons killed in alcohol-related fatal crashes.
   Dropping from 103 in the 1997-1999 period to 87 in the 2005-2007 period.
   Vermont experienced a 23% decrease in drivers involved in fatal crashes. Dropping from 386
   in the 1997-1999 period to 298 in the 2005-2007 period.
   In the past year, NHTSA released the final 2005 alcohol-related highway death rates per 100
   million miles traveled. Vermont was rated sixth lowest in the country with a .389 rating. The
   US rate was .588.

                              2008 Report to Legislature on DUI Activity
DUI Groups

The DUI Policing Task Force continues to meet to keep enforcement agencies engaged in DUI
reduction efforts. This group met once during 2007. The Task Force addressed issues and
advised the Highway Safety Office staff on:
     Drug Recognition Expert Program progress
     DUI Strike Force Program
     Infrared deployment and Processing Training Manual
     Legislative activity
     Strategic Highway Safety Plan Law Compliance Group update
     BAT mobiles problems, use & future

Police DUI Enforcement Cooperation and Planning

During 2007, police continue to work together on cooperative enforcement efforts.

Although Chittenden (Shelburne PD) and Orleans (Newport PD) counties are the only multi-
agency grants left, departments use their grant funds to work together on locally identified
problems. An example is that in Rutland county they have drinking drivers returning from bars
in New York where the bars close later than in Vermont. Agencies in that county coordinate
their efforts to deter drivers coming into Vermont in the early morning hours.

Drug Recognition Expert (DRE) Program

A Drug Recognition Expert is a police officer trained to recognize impairment in persons under
the influence of drugs other than, or in addition to, alcohol. The International Association of
Chiefs of Police (IACP) coordinates the International Drug Evaluation and Classification (DEC)
Program with support from the National Highway Traffic Safety Administration (NHTSA) of the
U.S. Department of Transportation. Currently 44 states and the District of Columbia have active
DRE Programs.

In Vermont, the Governor’s Highway Safety Program (GHSP) and Vermont State Police (VSP)
continue to cooperatively manage and develop the state’s Drug Recognition Expert program.

Standardized training for DREs is a demanding process. DRE training starts with the study of
drugs and their effect on the human body. The training continues with emphasis on standard field
sobriety tests, observations of muscle tone, skin color, temperature, blood pressure and eye
movements. Certified DRE instructors/trainers prepare candidates to recognize the symptoms of
seven categories of drugs through observation and interviews. The interview process is very

                              2008 Report to Legislature on DUI Activity
structured and enables the DRE to effectively identify the type of drug that may be impairing a
person. This standardized 12 step examination does not take place on the side of the road, but in
a safe, controlled environment -- usually a police facility. As part of the field certification
process, DRE candidates are required to evaluate selected individuals (usually in a correctional
facility) and must accurately identify which specific drug types the subject may have used. A
subsequent laboratory blood test is used to determine the accuracy of the candidate’s evaluation.
Only after successful completion of the rigorous training are the candidates certified as DREs.

In practical applications, certified DREs respond upon request and assist arresting officers with
individuals who may be under the influence of drugs. However, there are strict requirements for
responding; one being that the person suspected of drug impairment has breath test results of no
alcohol or very low alcohol in their system and exhibits recognized indicators of impairment.

Initially, Vermont selected five officers to receive training and be certified Drug Recognition
Experts: three VSP Troopers, one VSP Sergeant and a Sergeant with Colchester Police
Department. Each of the officers attended intensive classroom instruction for two weeks, with
practical exams (field training) being conducted in Arizona and California. In the nearly three
years since their training, these DREs have evaluated more than 115 suspected drug impaired
drivers, who without the DRE program, may have been allowed to continue driving. In 2006,
VSP added another DRE to the program who was a certified DRE as a member of the
Washington State Patrol before becoming a member of VSP. In 2007, two more DREs were
trained; one from VSP and one from the Springfield Police Department. This brings the total
number of DREs in Vermont to eight.

As a subset of the DRE program, Vermont’s DREs are now educating other Vermont law
enforcement officers, school officials and health care providers on the issues related to drugged
driving. They are working with prosecutors and chemists to improve the ability to detect and
remove dangerous drivers and potential killers from our roadways. During 2006, DREs spent
time working in schools, attending focus groups and participating in various regional coalitions
in order to educate many facets of our society regarding the dangers of drug and alcohol
impaired driving.

The Drug Recognition Expert Committee is comprised of representatives from cross sections of
involved agencies, including the Health Department’s Laboratory, the Vermont Criminal Justice
Training Council and the State Attorneys’ office. The committee continues the process of
monitoring impaired driving cases and the development of case law in the drugged driving arena.
The certified DRE network in Vermont continues growing at a measured pace and will expand as
determined appropriate.

Youth Activity to Prevent Underage Drinking

The Vermont Teen Leadership Safety Program (VTLSP), funded by the Governor's Highway
Safety Program (GHSP), believes that young people must remain an integral part of the solution
to Vermont’s young adult drinking and driving problem. VTLSP alcohol education and activity
focus on three major areas: Access & Availability, Media & Marketing and Consequences &

                              2008 Report to Legislature on DUI Activity
Effects. They use a peer-to-peer format to encourage high school students to live substance free
and never drink and drive nor ride with an impaired driver. Thy also promote safety belts, other
safe driving habits, living tobacco free and many other personal safety and health issues..

The three levels of access & availability, media & marketing and consequences & effects are the
cornerstones of the program. VTLSP members work to reduce the access and availability of
alcohol to would-be underage drinkers, educate students and adults about the strategies and
methods of alcohol marketing and inform their fellow young adults of the potential consequences
of alcohol and other drug use and abuse.

For more information on the Vermont Teen Leadership Safety Program contact: Carol Rose at
the Vermont Department of Education, 828-3851,

You Drink & Drive, You Lose - Click It or Ticket Coordinated Enforcement

During 2002, the Highway Safety Office staff implemented a strategy specifically designed to
increase the use of safety belts in the state. Based on the national model, a NHTSA supported
media campaign delivered the “Click It or Ticket” (CIOT) message to the public, while law
                                  enforcement agencies throughout the state conducted high-
                                  visibility enforcement events. Law enforcement officers were
                                  encouraged to deliver the CIOT message through personal
                                  contact with as many Vermont highway users as possible. The
                                  highly effective media message, coupled with the seemingly
                                  blanket coverage by law enforcement, proved to be a highly
                                  effective combination. Approximately 97% of all of the law
                                  enforcement agencies in the state registered to participate in
more than 1800 safety belt enforcement events. The 2002 CIOT was an unparalleled success.
Safety belt use went from 67% prior to the May campaign to 85% in a mid-June survey. We
have continued to employ this model in the ensueing years. The 2007 effort resulted a a safety
belt use rate of 87.1%. Although not a drinking and driving effort, the high visibility
enforcement provides a deterrent effect beyond the Click It or Ticket message.

Governor’s Highway Safety Program Office, their Law Enforcement Liaisons and the Public
Information Officer applied the same strategy, with a
smaller paid media budget, to drinking and driving. The
You Drink & Drive, You Lose program continues with
intensive enforcement periods around the
Christmas/New Year holiday period. The application of
the CIOT model to alcohol enforcement is continuing.
During the 2007 December holiday period, police
conducted 563 checkpoints and saturation patrols with
124 DUI arrests over the two-week period.

These programs increase the perceived risk of detection for drinking drivers. The Highway
Safety office will continue to schedule, coordinate and support similar activities to provide a

                               2008 Report to Legislature on DUI Activity
deterrent to drinking and driving and promote the use of safety belts. These events will occur in
coordination with national periods of increased media activity on the federal level and will occur
in May for Click It Or Ticket and in December for You Drink & Drive, You Lose.

                                   Equipment Needs
GHSP made no major consolidated purchase of law enforcement equipment in 2007. Present and
future equipment needs for police officers have been a point of discussion and planning for
years. The single impediment to providing statewide improvement and upgrading of law
enforcement equipment is funding. Periodically, federal grant funds become available and we
prefer to use one-time funds for purchases that have effects over a period of years instead of
paying for programs or personnel, which are lost as soon as the funding source is eliminated. The
intention is to predefine needs so that when funds are offered or provided we have a list of
coordinated, consensus-identified needs. Governor’s Highway Safety is constantly on the alert
for opportunities to apply for funds to satisfy these needs. The items listed below stay “in the
plan” until funds are allocated to their purchase. The DUI Policing Task Force identified,
validated for inclusion and periodically reviews the items for inclusion on the list.

Law Enforcement Equipment list (alphabetically):

• Booking Area Video Systems and tape duplicating equipment to assist officers in establishing
proof of intoxication and shorten prosecution times. The booking areas are those associated with
established Datamaster sites ($1,000 per site).
• Electronic Flare Packages to use at sobriety checkpoints to increase visibility and increase
officer safety ($600 per 8-flare kit).
• Evidentiary Breath Testing Devices (DataMaster) to replace the aging units in use and to
upgrade to newer, less maintenance intensive units ($6,500 per system).
• Forensic Blood Drug And Alcohol Testing Equipment to modernize the Department of Health
Laboratory. This equipment would allow quicker turn-around for results, reduce personnel labor
and allow drug tests to be performed in-house. The needs include mass spectrometer, software,
training and peripherals; chromatograph, computer and software. This would help resolve
lengthy waits for blood alcohol concentration results and eliminate the need to send independent
laboratories drug testing requests (Statewide implementation $350,000).
• Laser Speed-Detecting Devices to allow police to target drivers who threaten other drivers and
pedestrians by driving at high speeds in heavily trafficked road segments ($3,000 per device).
• Police Mobile Video Systems to complete the statewide purchase and installation in all
enforcement vehicles ($3,500 per system).
• Radar Systems to complete the statewide purchase and installation in all enforcement vehicles
($2,000 per system).
• Tire Deflation Devices to stop and deter high-speed chases and therefore reduce the public’s
exposure to the risk created by fleeing drivers ($400 per device).
• Universal Signage and Safety Packages for all departments to promote sobriety checkpoints.
Each Sheriff (14), each VSP station (12) and each municipal department (51) would be equipped
with signs, vests, lights and cones to safely perform sobriety checkpoints ($1,200 per package).

                              2008 Report to Legislature on DUI Activity
Evidentiary Breath Testing Devices

The BAC DataMaster breath testing
instruments currently used for evidential
testing need to be replaced on a regular
schedule in order to address the issues of
increased out-of-service time and repair and
maintenance costs. The aging of the
equipment was an issue raised in the 2003
and 2004 version of this report. Since then,
there has been discussion about the
replacement plan and a commitment of SFY                Still Shot from Vermont-produced You
2005 $150,000 in “waterfall” funds to                   Drink & Drive, You Lose Commercial
partially implement the plan.

The Department of Health Laboratory is in
the process of using that money to purchase and activate about 18 replacement evidentiary breath
testers. The lab has purchased and is testing the new units and writing the procedures and
training materials. They expect to deploy the newer model of the Infrared testing equipment in
early calendar 2008. The breath-testing program is an important link in the DUI enforcement
chain and strengthening this link with regular instrument replacement is critical to maintaining
an effective enforcement and deterrent program. The State must identify a funded replacement
strategy to build on these first steps taken to reverse the potential degradation of the breath
testing capability of the law enforcement community.

The GHSP Coordinator presented the current Infrared Replacement Plan (Appendix 3) to the
Department of Public Safety Law Enforcement Advisory Board. The Vermont State Police, the
Sheriffs Association and the Chiefs of Police Association endorsed the plan. Continued funding
will be highly appreciated and an investment in the safety of Vermont’s highway users.

                         DUI Publicity and Advertising
Public Information Officer (PIO)

The Governor’s Highway Safety Program has established a state employed Public Information
Officer. This person provides coordination of all highway safety public information messages.
By working with highway safety staff, police officers, news outlets and all highway safety
advocates, the PIO provides continuity throughout the State on these issues, managing the
schedule of media messages and producing public service announcements and commercials. The
PIO’s tasks include providing advice, maintaining the GHSP web site, writing boilerplate and
incident specific press releases and conducting media training.

Although national data indicates greater success of enforcement campaigns when accompanied

                              2008 Report to Legislature on DUI Activity
by media, funds to purchase media are scarce in Vermont. The PIO purchases media time using
federal grant funds on network and cable television and radio. Local outlets have donated
thousands of dollars worth of time for You Drink & Drive, You Lose and Click It or Ticket
commercials. Because of the cost difference, we purchase minimal time on Vermont's four
broadcast stations and concentrate our purchases on cable outlets. We coordinate and piggy-back
our program with national buys to magnify what we could do alone. The new medium of
podcasts is an avenue for our message we are beginning to explore.

Gaining earned media coverage is more difficult since the local media outlets do not consider the
campaigns "fresh" and “newsworthy”. We work with sponsors to pay for production of our
commercials/public service announcements; AAA of Northern New England has been a
consistent sponsor. Clear Channel Radio, Vermont’s largest radio network, produced and aired
four DUI PSAs for our programs. We rely heavily on partnerships created with cable networks
and local sports franchises to reach target audiences. Adelphia (now Comcast) Cable has donated
air time in support of our initiatives and cosponsored highway safety events at Vermont's
professional sports venues and challenged other stations to help promote traffic safety.

One successful public information project begun in 2006 is the partnership with The Vermont
Voltage. This semi-professional soccer team supports highway safety efforts in a variety of
ways. Half time entertainment at their games often includes a highway safety message. They
have had buckle up challenges and Fatal Vision goggle races. Both events were entertaining and
conveyed an important highway safety message to thousands of spectators.

We will be exploring further public/private partnerships in the future. While we know our
programs are important, other, equally important initiatives are clamoring for PSA time. We
cannot rely solely on earned media or voluntary public service messages if we are going to be
successful in effectively promoting safe driving.

                              2008 Report to Legislature on DUI Activity
                                                - 10 -
                          Forfeiture and Immobilization
The DUI vehicle immobilization and forfeiture provisions of Vermont law are now in the hands
and applied at the discretion of State’s Attorneys. With the change in process, in 2005, from a
dedicated Forfeiture and Immobilization Attorney to non-centralized application of these
provisions, we lost the ability to track vehicle sanctions. When first passed, as with any new
process, the mechanics of implementation were unclear. Lacking case law and procedures,
State’s Attorneys were reluctant to apply the law. The Department of State’s Attorneys and
Sheriffs, working with federal highway safety funds from the Governor’s Highway Safety
Program, hired an attorney specifically dedicated to establishing procedures and applying the
DUI vehicle immobilization and forfeiture provisions of the law. After establishing procedures
and formats and working with the courts to implement the process for several years, the
incumbent of this position resigned. The position was not renewed.

Specific problems identified by the Immobilization and Forfeiture Attorney before leaving are:

   •   The vehicle should be forfeited in the condition it was in on the date of the violation that
       prompted the action. At times, the vehicles have been picked up no longer in working
       condition or with damaged or missing parts. Particularly when no crash is reported, a
       vehicle should be found in the same or substantially the same condition as it was when
       stopped. This can be verified, in many cases, using the videotape of the stop.
   •   There is no system in place to enforce prohibition of purchasing, renting or leasing new
       vehicles. Vermont needs a system through which DMV is notified when an
       immobilization or forfeiture action is issued.
   •   “Innocent owners” statute does not clearly define who is a regular operator and when the
       “regular” use must occur, or when a hardship should be considered. Some judges have
       interpreted use to be regular if the conditions of the hardship essentially began and
       occurred after time of stop for DUI.
   •   Many cases are not filed because the vehicle is totaled in a crash. The statute should be
       amended to state an immobilization could be ordered for any replacement vehicle
       purchased with the funds from the insurance of the totaled vehicle used at the time of the
       DUI. In addition, the Statute should state in cases of 3 or more DUI stops the money
       received from any insurance settlements should be forfeited to the State in lieu of the
       vehicle itself. This is necessary because the current statute essentially rewards those
       drivers who damage their vehicles to such an extent that the vehicle is “totaled” and they
       receive insurance money. Those with only minor damage risk losing the vehicle.

                              2008 Report to Legislature on DUI Activity
                                                - 11 -
                       DUI Law Enforcement Activities
Vermont’s law
community is                     5000
committed to reducing
the numbers and
severity of alcohol-             4000
involved and other
crashes. Increased
emphasis on DUI and
the tragedy it causes            2000
has motivated the                       1995











community to arrest                            Chart 4 - Vermont DUI Arrests
more people for that
offense. Through full-
time special DUI officers, roving patrols, saturation patrols and checkpoints, Vermont officers in
local, county and state level agencies have increased cooperative efforts in the detection and
apprehension of impaired drivers across the State.

Grants to Local Enforcement Program

There are two local enforcement grant programs administered by the Governor’s Highway
Safety program with impacts of deterring drinking and driving. One is the Safe Highways
Accident Reduction Program (SHARP), which is a general highway safety issues law
enforcement program funded with
federal highway safety § 402
money. The other is the Local DUI
Enforcement program funded by the
Vermont DUI Enforcement Fund
created in 1998 and primarily
supported with the gas tax. For the
2007 grant periods, in addition to
year-long, locally identified
enforcement needs, monies were
granted to conduct four statewide
periods of increased enforcement
presence on the road. The periods
are based around Labor Day,
Thanksgiving, Christmas and New
Years and Memorial Day; all
significant periods of travel and       Governor Douglas visits with Sergeant Greenslet at a
potential for drinking drivers.         checkpoint in Addison County, December 31, 2006

                              2008 Report to Legislature on DUI Activity
                                                      - 12 -
These two grant programs are to increase local police enforcement of Vermont’s DUI traffic
laws. The grantee agencies and the grant amounts for fiscal years (federal and state) 2008 are in
Appendix 1 of this report. The programs are either run or managed countywide or town/city-
based. Within each grant, the managing agency coordinates other agencies’ participation and
reports consolidated activity to the highway safety office.

Police agencies whose officers are participating in SHARP, DUI Special Enforcement or both of
these grant programs to combat the DUI problem in Vermont are, by county:

COUNTY                                 DEPARTMENT
Addison County                         Bristol Police Department
                                       Vergennes Police Department
Bennington County                      Bennington County Sheriff’s Department
                                       Bennington Police Department
                                       Winhall Police and Rescue
Caledonia County                       Caledonia County Sheriff’s Department
Chittenden County                      Chittenden County Sheriff’s Department
                                       Colchester Police Department
                                       Burlington Police Department
                                       Essex Police Department
                                       Milton Police Department
                                       South Burlington Police Department
                                       Hinesburg Police Department
                                       South Burlington Police Department
                                       Shelburne Police Department
                                       UVM Police Services
                                       Williston Police Department
                                       Winooski Police Department
Essex County                           Essex County Sheriff’s Department
Franklin County                        Franklin County Sheriff’s Department
                                       St. Albans Police Department
Grand Isle County                      Grand Isle County Sheriff’s Department
Lamoille County                        Lamoille County Sheriff’s Department
                                       Morristown Police Department
                                       Stowe Police Department
Orange County                          Randolph Police Department
                                       Orange County Sheriff’s Department
                                       Thetford Police Department
Orleans County                         Newport Police Department
                                       Orleans County Sheriff’s Department
Rutland County                         Brandon Police Department
                                       Castleton Police Department
                                       Fair Haven Police Department
                                       Mendon Constable

                              2008 Report to Legislature on DUI Activity
                                                - 13 -
                                       Poultney Constable
                                       Rutland County Sheriff’s Department
                                       Rutland Police Department
Washington County                      Washington County Sheriff’s Department
                                       Barre Town Police Department
                                       Barre Police Department
                                       Berlin Police Department
                                       Montpelier Police Department
                                       Northfield Police Department
                                       Waterbury Police Department
Windham County                         Windham County Sheriff’s Department
                                       Wilmington Police Department
Windsor County                         Bethel Police Department
                                       Hartford Police Department
                                       Royalton Police Department
                                       Windsor County Sheriff’s Department
                                       Springfield Police Department
State Law Enforcement Agencies         Department of Motor Vehicles
                                       Vermont State Police (all locations)

In 2007, these two enforcement programs accounted for 16,018 hours of enforcement including
1,189 hours at 206 checkpoints. Officers on these details stopped 40,175 vehicles, wrote 12,197
traffic citations and issued 10,457 warnings. These officers administered 2,017 breath tests and
arrested 346 intoxicated drivers.

A third category of highway safety law enforcement participation is GHSP coordinated
mobilizations relative to You Drink & Drive, You Lose and Click It or Ticket campaigns. Nearly
all Vermont police agencies participated in at least one of these programs in 2007. This activity

                                               SHARP                  Local DUI Enforcement
       Patrol Hours                             6,626                         8,203
       Checkpoint Hours                          152                          1,037
       Checkpoints                                25                           181
       Vehicles Stopped                        13,067                        27,108
       DUI Arrests                                37                           309
       .02 Violations                              1                            41
       PMB Violations                             23                           261
       Warnings                                 4,266                         6,191
       Tickets                                  6,915                         5,282
         Child Passenger                          89                           100
         Safety Belt                             663                           268
         Speed                                  4,556                         2,480
         Driver License Suspended                334                           354
         Other                                  1,936                         2,348
                Table 3 – 2007 SHARP & Local DUI Enforcement Fund Activity

                              2008 Report to Legislature on DUI Activity
                                                - 14 -
accounted for 1,150 DUI enforcement events (checkpoints and saturation patrols) resulting in
322 DUI arrests. Some efforts are GHSP funded through one grant program or another, in other
cases police departments participate as part of their own law enforcement activity.

START (Stop Teen Alcohol Risk Team)

There is a fourth drinking and driving enforcement project focused solely on underage drinking.
The federal Office of Juvenile Justice and Delinquency Prevention provides a grant to the
Vermont Department of Health and its Division of Alcohol and Drug Abuse Programs (ADAP)
to leverage community change in enforcing underage drinking laws. ADAP uses these funds in
conjunction with community based prevention grants and with community New Directions
coalitions to continue the Stop Teen Alcohol Risk Teams. ADAP also provided support to the
New Direction coalitions to address the underage drinking issues.

Department of Health originally partnered with Vermont’s League of Cities and Towns in
forming a statewide taskforce on underage drinking, “Stop Teen Alcohol Risk Team” (START).
The League worked with Division of Alcohol and Drug Abuse Programs staff to engage
community based law enforcement groups in increasing the levels of enforcement for underage
drinking. One of the driving forces behind the development of START was an individual in the
Vermont League of Cities and Towns. When that individual retired, ADAP took on the task of
continuing the START program.

The idea of START is to prevent underage drinking parties through education and intervention
and to react when an event of underage drinking occurs. These community responses have:
reduced youth access to alcohol, reduced teen highway fatalities, reduced rural drinking parties
and reduced adult approval and support of youth alcohol use. Vermont’s law enforcement
personnel are connecting with judicial, reparative, and community groups to improve
enforcement protocols, change community norms and improve public policies.

In recent years, we have encouraged closer coordination at the local level between law
enforcement agencies and community coalitions to address the problem of underage drinking
from many angles. There are Stop Teen Alcohol Risk Teams in all areas of the state. The
Vermont Department of Liquor Control is also a partner in this effort.

ADAP also provides funds to support two toll free phone lines: one that can be used by retailers
who need to check on the validity of a driver’s license from any state (1-888-ITS FAKE) and the
other for anonymous tips about underage drinking parties statewide (1-866-TEEN USE).

More information can be found at

State Police DUI Enforcement Effort

The Vermont State Police, Field Force Division continued to place an emphasis on impaired
driving enforcement in 2007. Part of this change reflected the notion that much of what Vermont
law enforcement does is in direct relationship to contacting motor vehicle operators and

                              2008 Report to Legislature on DUI Activity
                                                - 15 -
interacting with drivers and occupants. The idea set forth by Colonel James Baker in 2005 was
that vehicles were used as conveyances to commit a variety of crimes, that they were a means of
egress from crime scenes and that they were a weapon of death in the hands of impaired drivers.
Vehicles were used by persons committing many person and property crimes such as burglary,
larceny and assault. Perpetrators of domestic assault used vehicles as a means of escape.
Moreover, vehicles are involved in the tragic deaths and injuries which take place on our
roadways, many at the hands of those who are under the influence of alcohol and/or drugs.

This paradigm shift in the State Police placed a special emphasis on increased and sustained
motor vehicle enforcement and traffic safety. The idea is to have the Field Force (uniform)
members of the State Police focus on traffic safety measures which would theoretically have a
nexus to criminal activity, as well as to address the scourge of impaired driving which occurs on
our roadways. The result of State Police members interdicting criminal activity in 2005 through
2007 is by itself noteworthy; however this report will focus on impaired driving and traffic
enforcement activity.

Also, of note is the fact that during the calendar year of 2007 the State of Vermont saw the least
number of motor vehicles fatalities (67), since 1954. This was an ongoing effort to reduce fatal
crashes due to the spike in the first six months of 2006, when then Commissioner Kerry Sleeper
called a special mid-year Traffic Safety Summit for all of Vermont law enforcement to address
this issue.

This measure of success can be attributed to the shift in focus to traffic enforcement measures by
the State Police. As part of this redirection of assets, a special emphasis was placed on
aggressive driving and DUI enforcement. The State Police “DUI Troopers” formerly worked as a
team in designated areas of the state. Under this ongoing enforcement plan, DUI troopers were
embedded in stations in order to have a “rub off” effect on other troopers conducting field force
operations. The idea was to have the DUI Troopers set the tone in the office following the
directives from field commanders to focus more attention on traffic enforcement and highway
safety measures. During CY 2006, the Vermont State Police recorded 1,843 arrests for impaired
driving. In CY 2007, the number declined to 1,295. It is believed that many high visibility efforts
sustained during the year curbed some impaired drivers, as well as reduced overall fatalities.

The combined aggressive driving and DUI enforcement campaigns has led to a significant and
dramatic decline in the number of traffic fatalities over the past few years. Some statistics of note
are that in 2006, the State Police responded to and investigated a reported 1,209 injury crashes.
That number increased slightly to 1,281 in 2007. The State Police investigated 48 fatal traffic
crashes in 2006 and 46 such crashes. in 2007.

In addition to ramping up enforcement efforts, the State Police also participated in dozens of
sobriety checkpoints, many of them combined with county and local departments. It has been the
charge of Colonel James Baker that the State Police work closely with all of Vermont’s law
enforcement agencies to reduce serious injury crashes and deaths on our roadways.

The Vermont State Police will continue to build on these new objectives to keep Vermont
roadways safe. In 2007, the VSP - Traffic Safety Unit, with funding and support of the

                               2008 Report to Legislature on DUI Activity
                                                 - 16 -
Governor’s Highway Safety Office, added a crash data analyst who is instrumental in identifying
short-term patterns related to causes of all motor vehicle crashes. This data allows traffic safety
enforcement to move into over-represented areas to address local issues before they become
regional problems or tragic statistics.

The Vermont State Police will continue to look at other ways to combat the crime of impaired
driving. Our traffic safety initiatives will continue emphasis on reducing serious crashes through
                                                                a variety of countermeasures and
                                                                innovative programs.

                                                                   Our success in last year was
                                                                   measurable, yet there are still some
                                                                   long-term goals we need to set to
                                                                   improve what was started in 2005.
                                                                   Saving lives is indeed no accident
                                                                   and we hope to continue to build on
                                                                   our successes.

   Trooper Scrodin at an Addison County Checkpoint                 DUI Enforcement Fund
                                                                      Authority: V.S.A. 23 § 1220a and (for
                           video tapes) Rules of Criminal Procedure Rule 16 (e)

The Special DUI Enforcement Fund ended State fiscal year 2007 with a balance of $25,683.79. In
SFY 2008, expenditures are estimated to run at approximately $1,639,573 and revenues are expected
to come at the same level as SFY 2007, $1,601,827. If these estimates prove correct, without a
reduction in the DUI enforcement program or growth in the fund’s sources, it appears by the end of
SFY 2008 the fund will be operating in the negative and will continue as such in each of the ensuing
years. The projected SFY 2008 ending balance is a deficit of -$12,062.21. Since we are mainly
dependent on the gasoline tax to support this fund, declining revenues from higher prices and more
fuel efficient vehicles further erode the funding potential.

Key point:
 • The Department of Public Safety expects to supplement the DUI Enforcement Fund
     activities with an estimated amount of $421,500 from other DPS funds during SFY 2008.

                               2008 Report to Legislature on DUI Activity
                                                  - 17 -
                  Recommendations for Law Changes
1. In the Impaired Driving laws:
      a. Allow officer discretion as to which type evidentiary test is used.
      b. Broaden the current definition of “drug” for purposes of the prohibition on driving
          under the influence of a drug.
      c. Amend the standard for drug or drug and alcohol impairment to impaired “to the
          slightest degree.”
      d. Adopt a per se drug law, which prohibits operating with a detectable amount of a
          listed drug in the blood. The listed drugs shall be those with little or no medical
          application and which have the highest potential for abuse.
      e. Amend 23 V.S.A. § 1201(c) to provide for a charge of criminal refusal if the suspect
          has caused serious bodily injury or death to another and the officer has reasonable
          grounds to believe the person has any amount of alcohol or drugs in his/her system.
      f. Impose a duty on a health care provider providing care to a person in an emergency
          room as a result of a motor vehicle crash to report to law enforcement if the person
          has in his blood any detectable amount of a listed drug.
      g. Establish aggravating DUI factors of high BAC, with children present and short-
          interval multiple violations.
      h. Remove right to consult an attorney before a blood alcohol test for those previously
          convicted of DUI.
      i. Provide that if a defendant is lodged after providing an evidentiary breath sample,
          an officer shall make a reasonable effort to accommodate the defendant’s right to
          have additional tests by someone of the defendant’s own choosing.
      j. Allow waiver of the 42-day rule in civil suspension hearings only if both parties
      k. Amend the civil suspension statute such that a court’s failure to schedule a final
          hearing within 42 days due to scheduling conflicts shall constitute “good cause” and
          shall not result in dismissal of civil charges.
      l. Amend the civil suspension statute such that an officer’s affidavit shall be sufficient
          to withstand a motion to dismiss if a chemist states that the suspect’s alcohol
          concentration was 0.08 or more at the time of operation, even if the evidentiary
          ticket shows that the suspect’s alcohol concentration was less than 0.08.
      m. Expand the civil suspension statute to cover violations of the per se drug law.
      n. Amend 23 V.S.A. §1203(k) to state that law enforcement shall provide to the
          defendant a copy of the recording of the alleged offense upon payment of the fee for
      o. Establish a 15-year felony crime for fourth and subsequent DUI offenses.
      p. Permit motor vehicle record checks obtained through the Department of Motor
          Vehicles, The Agency of Transportation or the Vermont Criminal Information
          Center, to be admitted as prima facie evidence of an operator’s prior offenses.
      q. Require all operators involved in fatal and serious injury crashes to submit to an
          evidentiary BAC test of the officer’s choosing.
2. For minors:

                           2008 Report to Legislature on DUI Activity
                                             - 18 -
      a. Remove 90-day time limit on license suspension. (V.S.A. 7, §656(f))
      b. Make self-identification mandatory in suspected PMB cases.
      c. Provide for the admissibility, in cases where minors operate a vehicle after
          consuming alcohol, of affidavits from chemists and from the person who calibrated
          the breath-testing device.
3. For driving or operating with a suspended license:
      a. Restrict vehicle registration with a suspended license.
      b. Allow immediate vehicle seizure for fourth offence of DLS.
4. In rules of criminal procedure:
      a. Allow incarcerated defendants and certain witnesses to appear in court by means of
          video teleconferencing.
5. For Forfeiture/Immobilization:
      a. In cases of “totaled vehicles”, make the insurance settlement or replacement
          vehicles subject to the forfeiture or immobilization sanctions.
      b. Remove “innocent owner defense” or hardship option from owners who are present
          when the forfeiture/immobilization-eligible offense occurs.
      c. Department of Motor Vehicles should note in the drivers’ record the application of
          immobilization or forfeiture and the subsequent ban on purchasing, renting, leasing
          or registering a motor vehicle.
      d. Prohibit persons whose vehicles have not been immobilized, due to the rights of
          innocent owners, from operating, purchasing or leasing a vehicle while the person’s
          license is suspended.
      e. Establish time period for vehicles ordered forfeited to be delivered to the State.
      f. Establish that forfeited vehicles, upon forfeiture, will be in the same condition as
          existed at the time of the violation that made the vehicle subject to forfeiture.

                          2008 Report to Legislature on DUI Activity
                                            - 19 -
                                                                           Impact Measures
   1600                                                        The entire criminal justice system
                                                               feels the downstream impact of
   1400                                                        enhanced DUI enforcement in the
                                                               form of increased caseloads. As more
   1200                                                        aggressive enforcement occurs, there
                                                               is increased demand for services
                                                               through the entire system.

                                                           The entry point of the system for
    800                                                    DUI offenders is the arrest event and
         96- 97- 98- 99- 00- 01- 02- 03- 04- 05- 06-       the filing of DUI charges. The
          1 1 1 1 1 1 1 1 1 1 1
                                                           numbers of DUI charges filed began
                                                           to increase in 1998 and has fluctuated
       Chart 5 – DUI Charges Filed (by Quarter)            around 1,200 per quarter since then.
   600                                                     In 2005, the July/August/September
                                                           quarter saw a spike up to over 1,500.
                                                           After that spike, the number lowered,
   400                                                     but has settled at about 1,300 per
                                                           quarter (Chart 5). The average
                                                           charges filed in 2004 through 2006
                                                           are 5,152, 34% higher than the
                                                           average of 3,845 for 1996 & 97. The
                                                           impact of this increase in charges is
                                                           an increased number of system
                                                           clients throughout the DUI
       1992 1994 1996 1998 2000 2002 2004 2006             processing system. The work
              Chart 6 - .02 Citations Issued               associated with charges filed affects
                                                           the entire court system. The Judges,
                                                           State’s Attorneys, Public Defenders,
                                                           Court Clerks and all other court
related personnel experience an increase in workload as the number of charges filed goes up. As
DUI clients work their way through the system, other agencies, such as Corrections and Alcohol
and Drug Abuse Programs, are similarly affected.

The under-21 population has also experienced an increase in attention from law enforcement
regarding drinking and driving (Chart 6). The increased enforcement of the .02 zero tolerance
law began in 1997. The annual average number of .02 charges filed for 1992 through 1996 was
38.2; for 2004-2006, the three-year annual average is 467. The peak effort in .02 enforcement
seems to have been in 1998, 1999 and 2000 when officers charged 550, 554 and 555
respectively. Starting in 2001, there was a decline that continued through 2004. However, in
2005 and 2006 the number of .02 charges rebounded to 495 and 492 respectively. An
encouraging sign of enforcement’s commitment, but discouraging, in that the under 21

                              2008 Report to Legislature on DUI Activity
                                                - 20 -
                                                                     population may have increased their
    2000                                                             drinking and driving. According to
                                                                     the 2007 Vermont Youth Risk
    1600                                                             Behavior Survey, 12th grade
                                                                     students have increased their
    1200                                                             drinking level, but their reported
                                                                     drinking and driving has not
                                                                     increased over the 2005 surveyed
                                                                     level of 8%. These young adults
                                                                     also feed into the court, diversion
       0                                                             and treatment system, adding to the
           95- 96- 97- 98- 99- 00- 01- 02- 03- 04- 05- 06-
                                                                     demand for service.
            1 1 1 1 1 1 1 1 1 1 1 1
                                                               The implementation of the civil
                     Criminal                 Civil
                                                               Possession of Malt Beverage
     Chart 7 – Possession of Malt Beverage by Minor            violation in 7 V.S.A. §656 has also
                                                               impacted police agencies, State’s
                                                               Attorneys, DMV and especially
Diversion. The number of PMB criminal charges has dropped substantially since July 1, 2000
(Chart 8) when the new civil violation law went into affect. PMB criminal charges per quarter
dropped to less than 200 after the law change. Initially the newly established PMB civil offense
more than took up the reduction. In the past couple of years, we have observed a reduction in the
total PMB enforcement actions, falling to less than occurred in the 1999-2000 period. The
numbers seem to have stabilized at the lower level.

A change implemented in July 2003, about the time we saw the numbers drop drastically,
spawned a new problem in the tracking of enforcement of possession of alcohol by a minor. The
change in § 656 requires Diversion to remove identifying information before sending PMB
tickets to the Ticket Bureau for disposition. The consequence of this change was neither the
Ticket Bureau nor the DMV database set up to track them was capturing first offenses. DMV’s
information was coming from the tickets, which were then purged of identifying information.
Therefore, nearly every offense under Title 7, § 656 was a first offense. To solve this problem,
the Attorney General’s Office set up a data base of first offense PMB violations accessible to
police officers and Diversion managers. Police departments across Vermont are entering and
querying the data base in their underage drinking enforcement efforts.

Enforcement of the PMB law drives the demand for the Teen Alcohol Safety Program managed
by the Diversion program.

The drop off in PMB civil violations reflected in the chart above indicates a sustained reduction.
However, Chart 11 shows no comparable drop off in Diversion referrals to the Teen Alcohol
Safety Program, which has remained above 3,000 per year since its initiation.

                                   2008 Report to Legislature on DUI Activity
                                                      - 21 -
Downstream System Impacts
Alcohol and Drug Abuse Programs

In 2002, both the numbers of persons starting the CRASH School and the assessment process
increased to an all-time high. In 2003, 2004 and 2005 CRASH School and Assessment starts
demonstrated a plateau at the elevated level established and consistent since 2000. In 2006 and
2007 both the number of people starting the assessment process and the CRASH School
increased somewhat from the 2003 to 2005 level. Completion rates for the CRASH Program in
2007 were 90% while the assessment completions were closer to 75%. We attribute strong DUI
legislation and higher police presence as factors contributing to the increased CRASH school
enrollments and assessments.

Project CRASH implemented a revised educational curriculum in 2002 that has received
excellent evaluations and feedback from students and instructors. Additionally, Project CRASH
personnel have been able to maintain an efficient turnaround time of client paperwork forwarded
to DMV within an average of a week or less from the time of receiving it. Project CRASH will
continue to focus on improved quality assurance and program development in 2008. Project
CRASH continues to operate two residential weekend programs in White River Junction and
Burlington as an alternative to the traditional weekday model.


























                      CRASH School Starts                        Assessments Started

              Chart 8 – Demands for Alcohol and Drug Program (ADAP) Services
                                   2003 Data unavailable

                              2008 Report to Legislature on DUI Activity
                                                - 22 -
  The specific impact from Act 117 on
  Corrections is difficult to sort out           2500
  from the impact of a number of
  changes to the DUI/DLS legislation             2000
  over the years. However, it should be
  noted that DUI is the most common              1500
  offense of the population on
  probation. There were 1,392
  offenders on probation at the end of
  June 2007 for DUI, nearly all of who

  are DUI-1 or 2. There are an
  additional 213 DUI offenders on                     Chart 9 – Corrections DUI Population
  intermediate sanctions; most of whom
  are repeat (felony level) violators and
  most are in the Intensive Substance Abuse Program (ISAP) under Supervised Community
  Sentence. There were 165 DUI offenders on furlough, after having served a term in jail, and
  these are also mostly recidivates. There were 195 DUI offenders in jail and 324 DUI offenders
  on parole, nearly all of whom are Felony DUI or DUI-death/injury. This totals 2,289 offenders
  currently in the corrections population. This is up from 1,892 DUI offenders in January 1997,
  prior to the passage of Act 117.

  The increased population and workload in Corrections, after seeming to plateau in 2000 to 2002,
  showed an increase in 2003 which reached a new plateau (over 2,800) that lasted through 2005.
  In 2006 and 2007 there are reductions each year in the total number of DUI offenders under
  Department of Correction’s supervision. These reductions are primarily in the numbers of
  misdemeanor offenders on probation, and felony offenders on parole. There is an increase of
  25% of offenders in jail when comparing June 2006 and June 2007. The 195 in jail is the highest

                             Jan     June        June       June       June    June    June       June
                            1997     2001        2002       2003       2004    2005    2006       2007
         Parole              151      335         336        294        277     374     404        324
          Jail                50      153         130        145        146     155     156        195
 Furlough/Reintegration       55      123         135        175        182     133     157        165
 Intermediate Sanctions      136      282         237        289        306     290     245        213
       Probation            1,500    1,833       1,860      1,904      1958    1,881   1,566      1,392
        TOTAL               1,892    2,726       2,698      2,807      2,869   2,833   2,528      2,289

    Percent increase       Base
                                    +44%     +43%     +48%      +52%      +50%         +34%       +21%
compared to January 1997    year
                      Table 4 – DUI Population under Corrections Supervision

                               2008 Report to Legislature on DUI Activity
                                                 - 23 -
it has been in ten years.

 More important, is the increase in the numbers of offenders enrolled in ISAP. In 1997, 191 were
in ISAP; in 2006, the program had 482 enrolled; a 152% increase, which is down from the peak
years of 1999-2002, when the program averaged nearly 700 per year.

More detailed information is available in The Department of Corrections Facts and Figures at: Specific data for the figures above are on
pages 90 and 144.

Defender General

The increased emphasis on DUI enforcement and the Legislature’s 1998 increase in law
enforcement resources at both the state and local level to combat DUI resulted in an increase in
DUI charges filed. Most of the defendants rely on Office of the Defender General (ODG)
attorneys for legal counsel.

In State Fiscal Year 2007, the ODG provided services in 345 more DUI cases than in 1997, the
last pre-Act 117 year. ODG FY 07 demand for service was 34.4% higher for DUI felonies and
23.7% higher for DUI misdemeanors over FY 97 levels (see Chart 11 & Appendix 3). This
increase occurred mostly in FY 98 through FY 00.

Appendix 3 shows the distribution of these services between Public Defense, Assigned
Contractors and Ad Hoc services. Public defenders continue to handle most cases (94% of
felonies; 95.1% of misdemeanors).

                                Defender General Service Provided





                                        DWI Felony            DWI Misdemeanor
                                   Chart 10 - DWI Charges Disposed

                                2008 Report to Legislature on DUI Activity
                                                  - 24 -
Diversion and Teen Alcohol Safety Program (TASP)

The Diversion Program and the Teen Alcohol Safety Program (TASP) provide a meaningful
consequence and effective intervention to Vermont youth and young adults who violate the
state’s underage drinking and possession of alcohol laws. Through the Teen Alcohol Safety
Program, these individuals are held accountable for their behavior and receive services that help
prevent further underage and risky drinking.

Youth referred to the TASP, which is run by the court diversion program in each county, are
screened for substance abuse issues, and are required to follow the recommendations of that
screening or assessment, which may include substance abuse counseling. Typically youth
participate in an educational program, and may perform community service. TASP represents a
critical opportunity to identify youth with substance abuse issues and connect them with needed

                                         Diversion Referrals
                           Note: SFY05 data does not include Windsor County


























                            Diversion Referrals        Teen Alcohol Safety Program Referrals

                         Chart 11 - Court Diversion and TASP Referrals

Participants who do not complete their TASP contract are issued a civil ticket: they lose their
driver’s license, pay a fine, and face a likely increase in auto insurance costs.

The Teen Alcohol Safety Program was developed in 2000, after the General Assembly changed
7 VSA, Section 656 so that first-time violations of underage possession and consumption of
alcohol were no longer a criminal offense but resulted in a civil ticket. A statewide committee
including representatives from Court Diversion, the Judicial Bureau, State’s Attorneys, Courts,
State Police, local law enforcement, and the Departments of Alcohol and Drug Prevention,
Liquor Control, Motor Vehicle, and Public Safety supported the implementation of this

                                    2008 Report to Legislature on DUI Activity
                                                            - 25 -
The intent of the law is to give youth and young adults a limited opportunity to avoid a criminal
record for violating the law, in addition to providing services to address any substance abuse
concerns. In order to track whether someone has already received a ticket for an underage
possession violation, the Attorney General’s office created a secure database that enables law
enforcement and court diversion programs to track violators. Dispatchers and police department
administrative staff continue to receive training on how to access the database and look up
previous offenses. A statewide committee with representation from various agencies meets
regularly to address issues regarding the database and its role in supporting the work of law
enforcement and court diversion programs.

As of January 2008, there are over 9,300 records in the TASP database. During fiscal year 2007,
a total of 3,548 individuals were referred to the Teen Alcohol Safety Program statewide with
over 70 percent of clients completing the program successfully.

Local Court Diversion and Teen Alcohol Safety Programs also participate in community based
substance abuse prevention and intervention efforts, including local coalitions and START

                              2008 Report to Legislature on DUI Activity
                                                - 26 -
                                                                            2004 – 06   Percent
                                                    Pre Act 117
                                                                             Average    Increase
                                                    (1995 - 97)
                   DUI Arrests                                                3,764     -2.11%
  System Feeders

                                                    (1995 - 97)
                   .02 Violations                                              467       506%
                                                    (1995 - 97)
                   PMB Violations                                             1,700       65%
                                                    (1995 - 97)
                   DUI Charges                                                5,152       30%
                                                                            2005 – 07
                                                    (1996 - 97)
                   TASP/Diversion Referrals                                   5,618      120%


                   Defender General Cases                                     1,706      29%
                   ADAP CRASH School and            (1995 - 97)
                                                                              5,926      76%
                   Assessments Started                 3,376
                   Corrections DUI                    (1997)
                                                                              2,550      35%
                   Population                          1,892

                                      Table 5 – System Impacts Summary

Most of Act 117 became effective July 1, 1998. The civil violation of possession or consumption
of alcohol by a minor came into use July 1, 2000. In the years since these changes, enforcement
of DUI is up and special emphasis is being placed on young adults to discourage alcohol
consumption. The Special DUI Enforcement Fund is funding increased police on the road
enforcing the laws. The affects of actions and changes implemented as a result of Act 117 and its
follow ups are affecting Vermont police, Courts, Corrections, Diversion, Prosecutors, Public
Defenders and all others in the DUI enforcement, adjudication and treatment system.

The changes sought by Act 117 are long-term societal behavior modifications. Changes will
require years to conclusively manifest themselves. However, there are encouraging trends in the
number of highway deaths, both alcohol-related and non-alcohol related, and the number of
young adults killed on our highways. There is discouraging news in the 2007 Vermont Youth
Risk Behavior Survey in the areas of alcohol and marijuana in that downward trends have

The Legislature should maintain Vermont’s admirable desire to have a sustained DUI effort and
have an ability to monitor and evaluate progress.

                                      2008 Report to Legislature on DUI Activity
                                                        - 27 -
Future Plans (2008)

As with any program intended to change societal norms, continued financial support, political
support and expression of the people’s will to make Vermont safer for all are essential. We face
the same problems as other states; tight budgets, lack of personnel and aging equipment. Our
DataMasters are aging and our law enforcement agencies are understaffed and have competing
priorities. However, we cannot abandon our goal of an impaired driver free Vermont. In 2008,
we will:
              Create an area specific DUI strike force program to target high DUI dates
              throughout the year with officers who have demonstrated high DUI enforcement
              Continue to allocate available funds where and how they can do the most good.
              Continue the effort to get more cooperative, high visibility enforcement activity
              Continue the You Drink & Drive, You Lose campaigns
              Continue to pursue funding sources for police equipment, including DataMasters
              Continue to build partnerships in the community
              Work with the Department of Health on injury prevention projects.
              Work with the Agency of Transportation on implementation of the Vermont
              Comprehensive Strategic Highway Safety Plan initiative.

                              2008 Report to Legislature on DUI Activity
                                                - 28 -
                                           Appendix 1
                     2008 Local Enforcement Grant Awards

                                                         SHARP             State DUI Grants
Addison County
Bristol Police Department                                $ 1,000               $ 4,000
Vergennes Police Department                                    $ 7,000               $ 8,000

Bennington County
Bennington County Sheriff’s Department                   $16,500               $32,000
Bennington Police Department                             $ 9,000               $19,000
Winhall Police and Rescue                                                      $ 1,400

Caledonia County
Caledonia County Sheriff’s Department                    $ 2,000               $ 2,000

Chittenden County
Chittenden County Sheriff’s Department                   $ 9,000               $21,000
Colchester Police Department                                   $ 3,000               $ 2,300
Essex Police Department                                  $ 4,000               $ 1,700
Shelburne Police Department                              $10,000               $15,500
Shelburne Police Department*                             $22,000               $22,000
Winooski Police Department                               $ 8,000               $ 9,750

Essex County
Essex County Sheriff’s Department                        $ 3,500               $ 5,500
Canaan Police Department                                 $ 2,700               $ 2,000

Franklin County
Franklin County Sheriff’s Department                     $14,000               $16,500
St. Albans Police Department                             $ 3,000               $ 3,000

Grand Isle County
Grand Isle County Sheriff’s Department                   $18,000               $15,000

Lamoille County
Lamoille County Sheriff’s Department                     $ 6,000               $ 8,000
Morristown Police Department                             $ 7,000               $13,000

Orange County
Orange County Sheriff’s Department                       $16,000               $40,000
Randolph Police Department                               $ 350                 $ 3,350
Thetford Police Department                               $ 500                 $ 1,000

                              2008 Report to Legislature on DUI Activity
                                                - 29 -
                                      Appendix 1 (cont)
                      2007 Local Enforcement Grant Awards
                                                          SHARP            State DUI Grants

Orleans County
Orleans County Sheriff’s Department                              $17,000              $18,000
Newport Police Department*                                $ 4,000              $20,000

Rutland County
Rutland County Sheriff’s Department                       $18,000              $17,000
Brandon Police Department                                 $ 1,000              $ 2,000
Castleton Police Department                               $ 9,600              $12,000
Fair Haven Police Department                              $ 4,900              $11,500
Poultney Constable                                        $ 5,000              $17,000
Rutland Police Department                                 $23,000              $15,500

Washington County
Washington County Sheriff’s Department                    $19,000              $36,000
Northfield Police Department                              $ 5,000              $ 7,000

Windham County
Windham County Sheriff’s Department                       $ 7,500              $ 8,250
Dover Police Department                                                        $ 5,750
Wilmington Police Department                              $ 7,000              $ 1,000

Windsor County
Windsor County Sheriff’s Department                       $11,000              $16,850
Hartford Police Department                                $ 8,000              $ 4,400
Royalton Police Department                                $ 300                $ 250
Springfield Police Department                             $ 7,400              $ 9,500

State Law Enforcement Agencies
DUI Enforcement Support                                                        $ 2,000
Vermont State Police                                     $100,000

TOTAL                                                    $425,250             $450,000

*   Allocated funds support multi-jurisdictional projects

                              2008 Report to Legislature on DUI Activity
                                                - 30 -
                                             Appendix 2
                          Office of the Defender General
                                    DUI Charges Disposed
Public Defense
                 DUI Felonies     % Change                     DUI Misdem. %Change

FY 07            360               8.1%                        1224           (0.1%)
FY 06            333              (3.8%)                       1225           (9.9%)
FY 05            346              (3.9%)                       1360           (1.9%)
FY 04            360               3.5%                        1386            0.9%
FY 03            348              21.7%                        1373          (1.8%)
FY 97            256              FY 97-07: 40.6%               983          FY 97-07: 24.5%

Assigned Contractors
                 DUI Felonies     % Change                     DUI Misdem. %Change

FY 07            21                 0.0%                       60            (6.3%)
FY 06            21                (8.7%)                      64            (7.2%)
FY 05            23               (11.5%)                      69            0%
FY 04            26               23.8%                        69            15.0%
FY 03            21               (30.0%)                      60            (10.5%)
FY 97            27               FY 97-07: (22.2%)            55            FY 97-07: 9.1%

Ad Hoc
                 DUI Felonies     % Change                     DUI Misdem. %Change

FY 07            2                N/A                           3             0.0%
FY 06            0                (100.0%)                      3            (25.0%)
FY 05            1                N/A                           4             33.3%
FY 04            0                (100.0%)                      3             50.0%
FY 03            4                300.0%                        2            (84.7%)
FY 02            1                (75.0%)                      13            160.0%
FY 97            2                FY 97-07: (0.0%)              2            FY 97-07: 50.0%

                 DUI Felonies     % Change                     DUI Misdem. %Change

FY 07            383               8.2%                        1287          (0.4%)
FY 06            354              (4.3%)                       1292          (9.8%)
FY 05            370              (4.1%)                       1433          (1.7%)
FY 04            386               3.5%                        1458           1.6%
FY 03            373              17.7%                        1435          (2.9%)
FY 97            285              FY 97-07: 34.4%              1040          FY 97-07: 23.8%

                                2008 Report to Legislature on DUI Activity
                                                  - 31 -
                                            Appendix 3

            Infrared Breath Test Equipment Replacement Plan
The State of Vermont has established by law that a person with a blood alcohol concentration
(BAC) of .08 or higher shall not operate a motor vehicle. The application of this law requires
Vermont to maintain the ability to reliably and accurately measure BAC. The method Vermont
has chosen to establish and maintain this capability is the Infrared (IR) breath testing technology.

Vermont has 77 units in a network of IR machines throughout the state. There are currently 63
active permanent testing sites in police agencies across Vermont. Additionally, there are four
units in mobile breath alcohol testing vehicles (BATmobiles) and six machines at the police
academy for training. There are also 2 units in the Department of Health lab for repairs (which,
when repaired, will be used to replace units in the field requiring more work than can be
accomplished on-site), and the remaining two are useful only to supply parts for repair of other
units. Some repair parts are no longer available from the manufacturer, such as printers and
simulators, which are the reason for frequent service calls.

DataMaster placement is based on geographic distribution and population coverage. When the
plan was originally developed, every effort was made to ensure that police officers did not need
to transport a test subject more than 45 minutes to a testing site. In order to qualify to host a
DataMaster, a police agency needed to be accessible to all enforcement officers (not just their
own agency’s officers) 24 hours per day and 7 days per week, and provide a DataMaster
Supervisor (a staff member trained to do routine maintenance). Since that time, several factors
have evolved that have not been reflected in the DataMaster distribution plan.

   1.      Several police departments have been created that did not exist when DataMasters
           were originally placed (Montgomery, North Troy, Lyndonville, Bradford, Danville).

   2.      State Police barracks previously accessible 24/7 are now locked at 4:30 due to
           consolidated dispatching. Access by other departments to the DataMasters in non-
           PSAP locations varies around the state.

   3.      With the advent of State Act 117 DUI grants and OJJDP START funds, and the
           Administration’s focus on impaired driving, more local alcohol enforcement activity
           than ever is being conducted.

   4.      Police agencies statewide are experiencing staffing shortages, and overtime grant
           funds often go unused because there are not enough officers to do the work.

A DUI Policing Summit was held in 2000, and one of the outcomes was documentation of
equipment required by police agencies for effective DUI enforcement. Purchase of DataMaster
units was one of the recommendations. This was further supported by the DUI Policing Task
Force in 2004, when progress on fulfilling the equipment list was reviewed and updated.

                               2008 Report to Legislature on DUI Activity
                                                 - 32 -
There is no formal strategy or plan for regular replacement or enhancement of the DataMaster
inventory. Purchase history has been based upon availability of “windfall” federal highway
safety funds. (“Windfall” defined as funds not required for ongoing highway safety activities
and eligible for this purpose.)

The BAC DataMaster breath testing instruments currently used for evidential testing are aging
and replacing them with new units will address issues of increased out-of-service time and
repair/maintenance costs, as well as reduce the maintenance load on the Department of Health
technician responsible for maintaining the inventory in working order. Currently, the State has
instruments from several manufacturing series in place, with the oldest dating back to 1988. As
the instruments age, the frequency and extent of maintenance and repairs also increases.

                    Vermont Infrared Purchase History
                      40 between 1980 and 1993
                      30 in 1995-96
                       2 in 1997 for mobile units
                       4 in 2000 for Batmobiles

While the annual preventive maintenance program has been successful in reducing the number of
service calls for maintenance and repair, the reasonable equipment lifetime is being pressed to
the limit. Instruments are being removed from regular service at an increasing rate and will soon
deplete our inventory of reliable replacements. The Department of Health reports that about
twenty units are in need of replacement, then 6 to 10 per year to maintain turnover and cull out
frequent services needs.

In addition to maintaining existing equipment in order to minimize repair expense and down
time, it may be advisable to add to the current inventory so that police agency personnel
shortages and lack of 24-hour access to any DataMaster do not impede DUI processing. In these
times of police officer position vacancies statewide, it is not economically feasible to authorize
off-duty police, or officers doing directed patrols, to come in off the road to let another officer in
to use the DataMaster in a building without any officers on duty.

With no end in sight for police staffing shortages, it would be advantageous to maximize
efficiency of the DUI process. The cost of a DataMaster is significantly less than the cost of
adding police hours (if they were available) for DUI enforcement. By placing DataMasters in
more locations, travel time will be reduced for suspected impaired operators, resulting in fewer
police hours and more successful prosecution. Both the arresting officer’s time will be reduced,
and it will not be necessary to call in an off-duty or otherwise working officer just to make a
limited-access DataMaster available. It also increases the likelihood of testing within a two-hour
period of the stop, which simplifies prosecution issues.

Several options for implementing a DataMaster replacement program have been discussed.
Department of Health, the Governor's Highway Safety Program, States Attorneys, Vermont
Chiefs of Police, Sheriffs Association and Vermont State Police participated in the discussions as
part of an informal infrared breath testing advisory committee. The options discussed include:
phased purchase, mass purchase and perpetual replacement purchase programs.

                                2008 Report to Legislature on DUI Activity
                                                  - 33 -
   1. Phased Purchase. To purchase 80 units to replace current models and add units in remote
      locations to cut police officer travel time, Vermont would purchase a set number of units
      for a set number of years. Twenty per year for four years would replace all of our aging
      units and provide equipment for new locations. The numbers and span of years would be
      determined by funding source and replacement strategy.

   2. Mass Purchase. Eighty units would be purchased on one order.

   3. Perpetual replacement purchase. Vermont would commit to purchase 5 to 10 units per
      year. This would create an ever-rotating inventory of units without requiring a large,
      one-time layout of funds.

The approach favored by many, but not all, discussion members is mass purchase of a large
number (i.e. 75-80) of new DataMaster instruments at one time. Advantages in taking this
approach are: to assure consistency of equipment used for BAC testing (same design in one
manufacturing series); simplify any training updates that may be needed when newer (different)
models are installed; and reduce the cost per unit based on volume purchase (i.e. a savings up to
$35,000). It would take approximately a year for the manufacturer to deliver the total number of
instruments and 18-24 months for laboratory staff to certify and install them in the field. This
schedule is expected to be compatible with current staffing resources. Those instruments placed
into service between 1989 and 1995 would be the first to be replaced, with a focus on those that
have had a higher rate of need for service.

               Cost per unit on current Vermont contract:
                        1-10 units         $6,253.00
                      11-20 units          $6,100.00
                      21 + units           $5,998.00

It must be noted that if a graduated replacement plan is implemented, it will likely result in some
differences among the instruments in use throughout the state. These differences will not affect
the status of recognition by National Highway Traffic Safety Administration on their
“Conforming Products” list nor change the way breath samples are analyzed. These differences
will create the need for an increased parts inventory.

The group also discussed various funding options.

   1. New state dollars – due to budget situation in Vermont, no new funds are anticipated to
      be available.

   2. Current federal highway safety funds – the current and anticipated federal highway safety
      funds (~ $720,000/year) for the foreseeable future are committed to on-going public
      education and law enforcement programs.

                               2008 Report to Legislature on DUI Activity
                                                 - 34 -
        3. Penalty transfer funds – The current TEA 21 § 164 penalty provisions cause ~$2,400,000
           to be transferred to the highway safety program from the Vermont FHWA highway fund.
           The Vermont legislature utilizes a provision in TEA 21 to direct those funds to the
           Agency of Transportation for hazard elimination projects.

     The informal committee addressing this growing problem has no authority to designate a funding
     source for IR replacement. Our goal is to bring information to State managers so this looming
     problem can be addressed in a thoughtful, considered manner before it becomes a crisis.

     Jeanne Johnson
     Governor’s Highway Safety Program

80       DataMaster units @ $6,000-7,000                                               $480,000-$560,000
80       External printers @$100                                                                  $8,000
20       Install phone lines for data download @ $125                                              $2,500

         Repair & replace DOH Lab shop repair equipment:
         $4,000 Oscilloscope
         $600     Multimeters
         $400     Tools for field
         $300     PDA
         $25,000 Dedicated service vehicle
         $3,000 Computerized set up for e m prompts                                               $33,300
         3-year parts & supplies inventory for new DMs                                            $30,000
         Officer & DM supervisor regional training & updated materials
8        Interactive computer based training and manual updates                                   $12,000

                                           TOTAL                                   $565,800 to $645,800

                                      2008 Report to Legislature on DUI Activity
                                                         - 35 -

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