Office of the Attorney General for the District of Columbia Challenges with Drugged Driving: Problems and Solutions Melissa G. Shear Assistant Attorney General Traffic Safety Resource Prosecutor Office of the Attorney General, Washington, DC 1

2016 Papered Impaired Driving Cases by Month

36% of the papered cases involved crashes or collisions DUI Repeat Offenders and Crashes Repeat offenders make up approximately 21% of all papered cases, known at papering 36% of the papered cases involved crashes or collisions

DUI Mandatory Minimums   MANDATORY MINIMUMS Offense Status Maximum Penalties (Jail & Fines) Refusal or Alcohol Score below MM Thresholds ≥ .20 BrAC/BAC ≥ .25 UAC ≥ .26 BrAC/BAC ≥ .33 UAC ≥ .31 BrAC/BAC ≥ .40 UAC Schedule I or Specified Drugs Comm. Vehicle Minor in Vehicle 1st OFFENSE 180 days and/or $1,000 none 10 days 15 days 20 days +15 days +5 days +5 per minor if restrained +10 per minor if unrestrained AND $500-$1,000/minor 2nd OFFENSE 1 year and/or $2,500 – $5,000 25 days (10 days for repeat + additional 15 days) 30 days (10 days for repeat + additional 20 days) 35 days (10 days for repeat + additional 25 days) +20 days 3rd OFFENSE 1 year and/or $2,500 – $10,000 (15 days for repeat + additional 20 days) 40 days (15 days for repeat + additional 25 days) 45 days (15 days for repeat + additional 30 days) +25 days 4th OFFENSE (add 30 days for each subsequent offense) 65 days 70 days 75 days * A + sign indicates that the penalty is in addition to the mandatory minimum based on priors and/or scores * Minor in Vehicle penalties are per minor and consecutive * Mandatory Minimums must be served consecutively and not just on weekends. * Proof of mandatory minimum factors must be by a preponderance of the evidence (except Commercial Vehicle) * Must have toxicology report to secure drug mandatory minimum. * “Specified Drugs” include phencyclidine (PCP), morphine, methadone, and cocaine. * Notice of Enhancements should be filed for priors and minor(s) in vehicle MMs

Challenges Enhanced police officer training Police department priorities in urban city BWC (or absence of video) Urine/Blood testing Implied consent Search warrant Laboratory testing capabilities Prosecutor education Juror perception

Initiatives Emerging Drug Trends Task Force The Emerging Drug Trends Task Force (EDT) is committed to combating new and existing illicit drug-use by analyzing various data trends in the District of Columbia. While spearheaded by the Public Safety Division, members of EDT come from multiple divisions within the OAG, bringing a multi-pronged, multi-disciplinary approach to bear on the issue. EDT focuses on the following: Researching new and existing drug trends through data driven solutions; Working with District, state, and federal stakeholders to coordinate efforts and share information; Creating innovative and comprehensive legislation; and, Providing education and outreach to affected communities and groups within the District. OAG Participation in Drug Court