Texas A&M Transportation Institute Improving Blood Alcohol Concentration Toxicology Reporting Among Justice of the Peace and Medical Examiner Offices in Texas Bob Gilbert Texas A&M Transportation Institute

Agenda Project Background 2016 Impaired Driving Crash Facts 2010 – 2016 Impaired Driving Crash Trends 2016 BAC Toxicology Reporting Rates Duty to Report Ways to Report When to Report Where to Report Presenting 2016 data.

Project Background Sponsored by TxDOT Crash Analysis Webinars Outreach and Education Final Report to TxDOT A collaborative research effort between the Texas Department of Transportation and the Texas A&M Transportation Institute. Project activities include: -Crash Analysis of fatal crashes and fatalities, focusing on those flagged as DUI. Determine reporting rate of BAC toxicology for fatally injured drivers. -Series of five webinars to educate on laws, ways to report, and provide recommendations to TxDOT on improving the current reporting system. -Contact with JPs and MEs who have a missing toxicology report. Speak at conference to educate JPs. -Complete a comprehensive final report to TxDOT from all project activities.

What is a DUI Related Fatality? A DUI crash is a crash involving at least one driver under the influence of alcohol or other drug. They are defined as having an alcohol or drug related contributing factor, having a BAC greater than zero, or having a positive drug or alcohol test.  If a pedestrian is killed as part of a motor vehicle crash, under TTC §550.81 Report of Medical Examiner or Justice of the Peace, the ME/JP should submit form CR-1001 for all of the person types involved (driver, passenger, pedestrian or pedal cyclist) and their corresponding alcohol rates.

DUI Fatality Necessary Criteria Four criteria from CR-3 classify an individual as DUI: (45) had been drinking, (67) under the influence (alcohol), (68) under the influence (drugs), (62) taking medication.

3,773 There were motor vehicle traffic fatalities in TEXAS in 2016 All data was pulled from Crash Records Information System (CRIS) on March 10, 2017. CRIS is dynamic and fluid so these numbers could have changed slightly.

DUI-Related FATALITIES There were All data was pulled from Crash Records Information System (CRIS) on March 10, 2017. CRIS is dynamic and fluid so these numbers could have changed slightly. DUI-Related FATALITIES in 2016 1,321

35% of all motor vehicle fatalities Involved impaired driving in 2016 35% of DUI-related fatalities were the impaired driver

Number of people died in car crashes vs number of people who died in car crashes with a DUI driver.

Now Let’s Talk About TOTAL CRASHES For this analysis, TTI analyzed 7 years of crash data (2010 – 2016) to identify trends and patterns in alcohol related crash events. Over the past seven years, the numbers of fatal crashes and fatalities have remained relatively constant. This holds true for fatal crashes and fatalities related to DUI as well.

64% 48% reported BAC levels of 0.15 or greater When fatally injured drivers were classified by BAC levels, 64% were OVER 0.08 When the drivers were classified by their BAC level a majority of fatally injured drivers (64 percent) were above the legal limit of 0.08. Additionally, 48% of those at or above the legal limit reported BAC levels of 0.15 or greater. A BAC level of 0.15 in Texas is representative of a high BAC value and persons arrested with a BAC level testing at 0.15 or greater are subject to enhanced penalties. 48% reported BAC levels of 0.15 or greater

In 2016, the AVERAGE BAC of drivers was 0.17 Fatal BAC Results For Drivers in 2016. Highest was 0.418 Lowest 0.0

In 2016, the HIGHEST BAC of fatal driver was 0.418 FIX IT LATER In 2016, the HIGHEST BAC of fatal driver was 0.418

In some cases, toxicology blood testing is not performed on all fatal injured drivers suspected of DUI Some situations in which toxicology testing would not be performed include when a single vehicle crash occurred where the driver was impaired and the only person killed. Other examples include situations where a multiple vehicle collision occurs and all drivers and occupants in both units are killed. In these instances, the Medical Examiner or Justice of the Peace may make the decision not to test due to not having anyone to charge criminally and to avoid the cost associated with toxicology testing.

8% 3% In 2016, a total of 855 DUI driver fatalities occurred 66 DUI driver fatalities had NO BAC level reported in CRIS. 8% 24 DUI driver fatalities had NO BAC yet had positive drug screen test In 2016, there were 141 driver fatalities that were identified as DUI that did not have a BAC level reported in CRIS. Do not confuse the 864 (DUI DRIVER fatalities) with the 1321 (DUI related fatalities, which involves passengers, pedalcyclists, pedestrians, etc)!!! Of those 855 driver fatalities, 66 had NO BAC level reported in CRIS. This indicates 8 percent of fatal DUI drivers did not have reported BAC levels. Now, 24 DUI driver fatalities had no BAC reported but did have a positive substance test. However, if we count the 24 drivers that had no BAC yet a positive drug screening test, 3% of fatal DUI drivers need their reports to be sent to TxDOT. These are the drivers TTI is trying to trace these test results, and asking respective medical examiner offices to report the results to TxDOT. This leaves 42 drivers who did not have a BAC or positive substance test result. (Some of the situations discussed above, are some of the reasons for these tests to have been missing) This is the most up-to-date information retrieved on 06/13/2017 3%

Fatal DUI-Driver Crash Counts by County, 2016 Counties with highest BAC in fatal DUI crash counts are Harris, Dallas, Bexar, Tarrant, Montgomery, and Travis These numbers include missing reports from JP and ME offices

Duty to Report Reporting toxicology results for fatal crashes to the Texas Department of Transportation (TxDOT)’s Crash Records Section (TxDOT-CRS) is a STATUTORY requirement It is the law, but does not carry any fine or punishment. Transportation Code 550.081

Ways To Report TxDOT CR-1001 – Death/Toxicology Report (Medical Examiner/Justice of the Peace Send full autopsy and/or toxicology results In-house generated form/database, approved by TxDOT TxDOT’s preferred method is to send the full autopsy and/or full toxicology results How Do You Report?

TxDOT CR-1001 – Death/Toxicology Report (ME/JP) May Submit By E-Mail This form can only be accessed using the internet explore, google chrome is not compatible.

When to Report The report must be submitted before the 11th day of each calendar month and include: 1) the name of the deceased and a statement as to whether the deceased was: A) the operator of or a passenger in a vehicle involved in the accident; or B) a pedestrian or other non-occupant of a vehicle; 2) the date of the accident and the name of the county in which the accident occurred, and, if a bridge collapse, the location of the bridge in that county; 3) the name of any laboratory, medical examiner's office, or other facility that conducted toxicological testing relative to the deceased; and 4) the results of any toxicological testing that was conducted. Transportation Code Section 550.081 If toxicological test results are not available to the medical examiner or justice of the peace on the date a report must be submitted, the medical examiner or justice shall: 1) submit a report that includes the statement "toxicological test results unavailable"; and 2) submit a supplement to the report that contains the information required by Subsections (c)(3) and (4) as soon as practicable after the toxicological test results become available.

Where to Report Mailing Address: Texas Department of Transportation                                 Traffic Operations Division-Crash Data & Analysis Section                                 P.O. Box 149349                                 Austin TX  78714 Fax Number:  512-486-5794 Email Address:  TRF_FatalityData@txdot.gov Questions:  844-274-7457 (CRIS Help Desk)

What are some ways your office can improve BAC reporting? Now, it is your turn! What are some ways your office can improve BAC reporting? Cite the Collin Medical Examiner Office: they use key terms to find all the reports pending and it gets sent automatically to TxDOT!

Thank You! Robert Gilbert Senior Research Specialist R-gilbert@tti.tamu.edu 979-862-8753 Troy Walden, Ph.D. Director- C.A.D.E.S. T-walden@tti.tamu.edu 979-845-9943 Jena Prescott Assistant Transportation Researcher J-prescott@tti.tamu.edu 979-862-1525 Cinthya Roberto Assistant Transportation Researcher C-sroberto@tti.tamu.edu 979-458-0332 A special Thank You to the Texas Justice Court Training Center (TJCTC) for their help in promoting this effort to Justice of the Peace offices statewide