PROBLEM IDENTIFICATION

Alcohol related fatalities and injuries is a chronic problem that will affect one in three Americans in their lifetime. Nationwide, nearly 42,000 people die in motor vehicle crashes each year with 16,653 (40 percent) being alcohol related. This means that one person is killed every 33 minutes and one person is injured every two minutes from alcohol related crashes.

Prior to establishment of the New York State Special Traffic Options Program for Driving While Intoxicated (STOP-DWI), the average person arrested for driving while intoxicated had a blood alcohol concentration level of .19, almost twice the legal limit. Yet their chances of being arrested were estimated to be one in two thousand. Most drunk drivers had their charges reduced to non-alcohol related charges, the average fine was $11; all while alcohol related fatalities were at a high 44.14 percent.

GOALS AND OBJECTIVES

New York State’s STOP-DWI Program was developed in 1980 in an effort to decrease alcohol related fatalities and injuries in the state. The objective was to ensure that legislation would be passed to lay the foundation for the development of effective, self-funding, local programs.

STRATEGIES AND ACTIVITIES

In 1981, the New York State Legislature passed laws that set into motion a series of reforms that would permanently transform the way the drinking driver is viewed and would establish a national model for excellence. The resulting framework for this model had four strategies:

Establishing comprehensive, self-sustaining local programs

This legislation allowed each county to establish a STOP-DWI program, develop a comprehensive plan and appoint a STOP-DWI coordinator. In turn, counties received all fines collected for alcohol and other drug-related traffic offenses within their jurisdictions. Counties were given a large degree of latitude to develop programs that meet their specific local needs.

Mandatory minimum fines

The new law mandated that judges impose substantial minimum fines. It increased penalties from a maximum of $50 for the first time conviction for Driving While Ability Impaired (DWAI) to a minimum mandatory fine of $250. A conviction for DWI was raised to a minimum fine of $300 and a maximum fine of $500.

Mandatory and immediate license loss for chemical test refusals

Individuals would now be subject to an administrative hearing for license revocation and a $100 civil fine if they refused to submit to a lawfully requested chemical test to determine blood alcohol content. The fine has since been raised to $300.

Restrictions on plea bargaining restrictions

With this change, individuals charged with driving while intoxicated would not be allowed to plead guilty to a non-alcohol related offense except under very narrow evidentiary circumstances.

RESULTS

The local option approach for DWI enforcement has proven to be very effective. It has not only dramatically reduced alcohol related fatalities and injuries, but has also allowed counties to be extremely creative in developing programs and fostering cooperation between localities.

All counties in New York State have a STOP-DWI Program. The successes of the programs are notable:

• Alcohol related crashes decreased from 16,607 (1981) to 10,167 (2000).

• Alcohol related fatalities decreased from 1,107 (1981) to 334 (2000).

• Alcohol related injuries decreased from 21,633 (1981) to 9,251 (2000).

• The percent of alcohol related crash fatalities decreased from 44.1 percent (1981) to 23.13 percent (2000).

• State collected fines went from less than $500,000 annually to an average of $22 million annually.

• Not a penny of taxpayer’s money has been spent since the inception of the program. Fine money, which currently averages $22M per year is retained by the counties to operate the program.

   SPRING 2002