Virginia's program to combat drug-related DUI, 1988-1989.

Jernigan, Jack D · 1992 · ROSA P / Virginia Transportation Research Council (VTRC)

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Summary

This study evaluates the impact of a 1988 revision to Virginia’s driving under the influence (DUI) laws and the concurrent implementation of a pilot Drug Recognition Technician (DRT) program. Prior to 1988, Virginia law allowed blood or breath testing only for alcohol, resulting in an average of just 11 drug-related DUI convictions annually between 1973 and 1984. The revised law authorized police to require blood samples for drug testing from suspects, while the DRT program trained officers to identify impairment signs associated with seven broad drug categories. The research aimed to determine if these interventions increased arrests and convictions for drug-related DUI during 1988 and 1989. The methodology relied on data from the Division of Forensic Science (DFS), which processed 1,036 blood samples collected between April 1988 and December 1989. Because DFS records did not include case resolutions, researchers tracked outcomes by reviewing court records and interviewing arresting officers. The analysis compared conviction rates between cases involving a DRT and those that did not. To control for confounding variables, the study specifically analyzed "low-BAC" cases (blood alcohol concentration < 0.10%) and further excluded cases involving phencyclidine (PCP), which had high conviction rates and were rarely handled by DRTs. Statistical comparisons used analysis of variance (ANOVA) with a confidence level of p < .05. The results indicate that the revised law and DRT program significantly increased the absolute number of drug-related DUI arrests and convictions. In the first 21 months post-revision, there were at least 261 low-BAC drug-related DUI convictions, translating to an annual average of 149, a substantial increase from the pre-revision average. DRTs were involved in the majority of drug-related arrests in pilot jurisdictions like Charlottesville, Henrico, and Virginia Beach. However, conviction rates remained low. For low-BAC cases, DRT-involved cases had a 40% DUI conviction rate, compared to 46% for non-DRT cases, a difference that was not statistically significant. Even when drugs were detected in blood samples, generally less than 70% of cases resulted in a DUI conviction. When neither drugs nor alcohol were detected, less than 25% of cases resulted in a conviction. Plea analysis showed that guilty pleas almost always led to DUI convictions, while plea bargains typically resulted in reduced non-DUI charges. The study concludes that while the interventions successfully increased enforcement activity, the probability of securing a DUI conviction remains low, particularly in cases without high alcohol levels or when defendants plead not guilty. The author recommends continuing and potentially expanding the DRT program but emphasizes the need for legislative changes to strengthen drug-related DUI cases. Specific suggestions include exploring *per se* charges based on positive drug tests and improving training for enforcement personnel, prosecutors, and judges to better recognize and document impairment, thereby reducing reliance on plea bargains that result in lesser charges.

Key finding

The revised law and DRT program increased the absolute number of drug-related DUI arrests and convictions, but conviction rates remained low with less than 70% of cases resulting in conviction even when drugs were detected in blood samples.

Methodology

dataset

Sample size: 1036

Provenance

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Topics

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• dui enforcement
• illicit drugs
• drowsy as impairment