The State of DUI Treatment — What We Know from Latest Research Kelly Cowger DUI, NTP, CJ (DNCJ) Branch Substance Use Disorder Compliance Division Department of Health Care Services Sacramento, CA 95899-7413 Why DUI Sanctions • Deterrence – Quick, certain, sufficient to deter general public from drinking and driving • Retribution – Punishment that expresses social disapproval of DUI and exacts ‘justice’ • Incapacitation – Preventing offender from repeating offense • Rehabilitation – Creating long-term change in offender behavior Variety of Sanctions • • • • • • • Incarceration Drivers License suspension Vehicle impounding Monitoring (ignition interlock) Mandated substance abuse treatment DUI Courts Victim Impact Panels Dealing with DUI Offenders • Depending on several factors – Underage vs. adult – First offense or repeat offenses – BAC level • Education-based programs (varied widely from state to state) • Counseling/psychosocial programs (varied widely from state to state) • In-patient and out-patient programs (varied widely from state to state) • Jail time • Vehicle immobilization devices • Fine • Often a combination of punishment/treatment CHALLENGES TO MEASURING SUCCESS Challenges to Measuring ‘Success’ • Programs vary state by state • Difficult to use random assignment in studies • Multiple definitions of ‘effectiveness’ based on chosen outcome measures • Multiple types of deterrents, sometimes used in conjunction—difficult to tease out individual pieces • Not all offenders complete programs • Offenders are varied Outcome Measures • Studies use varying outcome measures including subsequent… – – – – – Crashes Alcohol-related crashes Alcohol convictions Fatal or injury crashes Traffic convictions • Studies take post-treatment measures at different times (some at 1 year, some at 3 year, etc.) More Than One Type of Offender • First time offenders may be different from multiple offenders • Some studies suggest different types of offenders – Social drinkers – Alcoholics – Problem drivers • Offenders may have varying comorbid factors – Depression, anxiety disorders, mood disorders, PTSD, etc. A BRIEF HISTORY OF DUI PREVENTION TOOLS Brief History of DUI Tools • Pre-1950: – Principal tools: • Fines • License suspension • Jails (primarily applied to multiple offenders or offenders who caused injury or death) Brief History: 1970s • DOT founded in 1966 – First publication was on Alcohol and Highway Safety • Congress authorized national program of 35 Alcohol Safety Action Projects mandating treatment programs – Key feature of program: • Identified 2 levels of offenders: – Social drinkers (first time offenders) – Problem drinkers (multiple offenders or those with high BAC or prior alcohol problems • ASAP evaluated, but not shown to be effective • Continued because low cost Brief History: 1980s • Emergence of MADD changed environment – Strong opposition to letting offenders off with fine – Pressure for longer and more certain license suspension penalties • Emphasis on incarceration of both first and multiple offenders – However, jail not found to be effective beyond time of incarceration Brief History: 1990s • Emergence of monitoring technologies reducing need for jail facilities – Electronically monitored home confinement – Portable GPS to monitor location of criminal offenders – Vehicle alcohol ignition interlock • Extensive evidence for interlock effectiveness (while in use) Current Developments • Advances in monitoring technology – Transdermal alcohol monitoring systems – Advances in ability to monitor alcohol consumption in urine, oral fluid, hair, and blood – Portable alcohol test equipment allowing multiple daily tests • DUI courts – Supervised intervention program for 12 months or more – Regular court appearances – Initial evaluations suggest DUI courts can be effective EFFECTIVENESS OF CURRENTLY USED SANCTIONS Jail • Unclear whether has general deterrent effect • Has specific deterrent effect during time offenders are incarcerated • Does not reduce likelihood of re-offending Chodrow & Hora, 2011 BAC Laws • Effective at general level in reducing (overall) drunk-driving casualties • No effect found on recidivism Anderson et al, 2009; Shults et al, 2001; Wieczorek, 2013 Sobriety Checkpoints and Random Breath Testing • Effective in reducing – overall numbers of alcohol-related crashes – fatal and nonfatal injuries Anderson et al, 2009; Elder et al, 2002; Kilmer et al, 2013 Vehicle Sanctions • Vehicle Sanctions include: – Ignition interlock devices – Vehicle, registration or license plate confiscation – Special license plates identifying offenders Ignition Interlocks • Based on evidence from multiple studies, interlocks are effective while in place • Effects dissipate after interlocks are removed Elder et al, 2011 License Suspension • Both a general and a specific deterrent • Mixed evidence re: effectiveness • Limitations: – Is widely violated – Up to 75% of those with suspended licenses continue to drive – Does not break pattern of problem drinking Chodrow & Hora, 2011 Victim Impact Panels • Designed to increase offender’s empathy for victims • No conclusive evidence of effectiveness in reducing recidivism Chodrow & Hora, 2011 DUI Courts: Description • Provide coordinated judiciary, prosecution, probation, defense, law enforcement, social services, mental health and treatment • Include – – – – – – Regularly scheduled judicial status hearings Sanctions and rewards for compliance Collaborative treatment Legal team case decision-making Individualized alcohol treatment Regular alcohol testing 10 Guiding Principles of DWI Court 1. 2. 3. 4. 5. Determine the population Perform a clinical assessment Develop the treatment plan Supervise the offender Forge agency, organization and community partnerships 6. Take a judicial leadership role 7. Develop case management strategies 8. Address transportation issues 9. Evaluate the program 10. Ensure a sustainable program http://www.dwicourts.org/learn/about-dwi-court/-guiding-principles DUI Courts: Effectiveness • Some studies have found promising outcome results including – Reduced DUI recidivism – Increased time to re-arrest – Fewer traffic accidents – Lower rate of drivers license suspensions/revocations – Reduced levels of substance abuse Breckenridge et al, 2000; Chodrow and Hora, 2011; Fell et al, 2011; Marlowe et al, 2009; Petrucci, 2011 Dedicated Detention Facilities • Provide confinement with supervised treatment services • Statistics indicate facilities have substantial effect on recidivism • Examples: – Baltimore County DWI Correctional Treatment Facility – Suffolk County DWI Alternative Facility – North Coast Correctional Treatment Facility – New Hampshire’s Multiple DWI Offender Intervention Detention Center National Hardcore Drunk Driver Project, 2003 TREATMENT Evidenced-Based Clinical Interventions for Substance Abuse Brief Interventions Motivational Interviewing CBT/Coping-Skills Training Contingency Management/Community Reinforcement • 12-Step Approaches • Pharmacotherapy • • • • Eight Evidence-Based Principles for Effective Interventions* 1. 2. 3. Assess risk/needs Enhance intrinsic motivation Target interventions – – – – – 4. 5. 6. 7. 8. Prioritize supervision and treatment resources for high-risk offenders Target interventions to criminogenic needs Be responsive to temperament, learning style, motivation, culture and gender when assigning programs Prescribe adequate dosage (3-9 months) Integrate treatment into sentence/sanctions Use CBT skills training Increase positive reinforcement Engage in ongoing support in natural communities Measure relevant processes/practices Provide measurement feedback *Recommended by the National Institute of Corrections and the Crime and Justice Institute TREATMENT TYPES Brief Interventions • Designed to identify current or potential alcohol problem and motivate change • Consists of short (5-10 min) counseling session – Discussion of alcohol use and consequences – Negotiation of behavior change plan • Evidence of effectiveness with offenders with less severe alcohol problems Traffic Injury Research Foundation, 2011; Brown et al, 2010 Education • Used for ‘social drinkers’ not assessed with alcohol use disorder • Appears to be most effective for first time offenders/“social drinkers” Chodrow & Hora, 2011 Motivational Interviewing • Non-confrontational counseling • Encourages offender to – Accept their alcohol problem – Understand treatment benefits – Access needed services – Supporting self-efficacy • Evidence of effectiveness in improving drinking outcomes Traffic Injury Research Foundation, 2011 Coping Skills Training (CBT) • Emphasizes teaching new strategies and skills to address problem thoughts and behaviors, using: – Modeling – Behavioral practice – Homework assignments • Assumes offender is motivated to change • Much evidence of effectiveness Emmelkamp and Vedel, 2006; Little et al, 2010; Moore et al, 2008 Alcoholics Anonymous (12-Step Approach) • Self-help support groups • Not much literature on mandated AA attendance as DUI intervention – 2 studies of mandated AA participation alone showed no effect – Other studies suggest that AA in combination with other treatments were effective Dill and Wells-Parker, 2006; Wells-Parker et al, 1995 2012 Annual Report of the CA DUI Management System • Evaluation of CA DUI programs for reckless offenders and 1st offenders – 3 month program resulted in significant reduction in subsequent DUI incidents in year following program – 9 month program did not improve results further • No evaluation included for repeat offender programs California Department of Motor Vehicles, 2012 Treatment Effectiveness • Treatment is effective in reducing recidivism • Treatment is most effective when used in combination with long-term counseling, education and supervision, probation, structured interaction with self-help groups, fines, penalties and sanctions • Effective treatment requires compliance National Hardcore Drunk Driver Project; Chodrow & Hora, 2011 Proposed Model for Managing DUI Offenders* • Voas et al., 2011 proposed that a national model with the following seven points: – Emphasis on replacement of jail with low-cost monitoring programs paid for by offender – Sanction alternatives maximized to increase flexibility in meeting offender’s needs – Behavioral triage used to create performance-based sanctions – Control of consumption emphasized – Treatment focused on offender’s needs in meeting monitoring requirements – Monitoring data are available to enhance offender screening and assessment – Rapid development of new technologies will increase requirement for program evaluation. Voas et al, 2011 Takeaways • 1st offenders and repeat offenders benefit from different treatment protocols • To date, no individual program deemed to be most effective • Research indicates that most effective sanction is combination of vehicle/license-based sanctions with alcohol treatment • Treatment programs based on varying theories have proven effective • Effective treatment should include – – – – – – – Education Motivational enhancement Skills training Brief interventions Sanctions Celerity (close proximity to arrest) Efforts to ensure compliance DeYoung, 1997; Dill & Parker, 2006; Warren et al, 2010; Chodrow & Hora, 2011 References • Anderson, P., Chisholm, D., & Fuhr, D. C. (2009). Effectiveness and cost-effectiveness of policies and programmes to reduce the harm caused by alcohol. The Lancet, 373(9682), 22342246. • Breckenridge, J. F., Winfree, J. L. T., Maupin, J. R., & Clason, D. L. (2000). Drunk Drivers, DWI" Drug Court" Treatment, and Recidivism: Who Fails?. 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