1. 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

2. 2016 Papered Impaired Driving Cases by Month

3. 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

4. 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

5. 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

6. 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