Highway to Safety

13—Driving and Marijuana—A Dangerous Combination

February 15, 2014 | Posted in Drugged Driving, Podcast Episodes | By Traffic Safety Guy

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Chris Halsor, Colorado TSRP

For years individuals and organizations everywhere have talked about, and continue to work on combating, the dangers of alcohol-impaired driving. As a result, there has been a significant reduction in alcohol-impaired fatalities. However, impaired driving due to drugs other than alcohol, sometimes called “Drugged Driving,” is a growing concern across the United States and beyond. One of the most common drugs found in substance-impaired driving fatalities is marijuana.

Mr. Chris Halsor is the Traffic Safety Resource Prosecutor (TSRP) [1] in Colorado, where marijuana was first approved by state residents for medicinal use, and more recently for legal recreational use. [2] With the changes in the law, [3] Mr. Halsor has seen a troubling increase in drugged driving cases involving marijuana.

Impairment from Marijuana

Based on the science and the research, there is no question that marijuana impairs a person’s mental and physical? abilities. It is wrong to believe that marijuana use does not result in impaired driving. It is a scientific fact: Marijuana use increases the risk of being in a fatal crash.

Of significant concern is the public’s misunderstanding of the signs of marijuana impairment. Message after message has shown alcohol-impaired individuals with slurred speech, poor balance, and problems walking. Mental impairment is actually a greater issue because 1) driving is a complicated task requiring a person to focus on a number of critical factors simultaneously, and 2) alcohol affects a person’s mind and judgment before the physical signs are visible—meaning a person is already mentally impaired by the time the physical signs are observed. Mr. Halsor noted that the predominant marijuana-induced impairment affects a person’s judgment. The impairment is less about the physical response, but that does not make it any less dangerous than alcohol.

The increasing potency of Delta 9 THC is another concern when considering a person’s impairment. Delta 9 THC is the active impairing ingredient in marijuana. Several years ago the THC concentration was typically under 10%, even as low as 2-6% in a “joint.” Now, the potency is significantly higher and marijuana stores in Colorado advertise this increased potency. It is not uncommon to see ads for 20% potency or greater. It has become a race to the top, resulting in greater impairment.

Putting the THC concentrate into a variety of foods also creates problems. Adding the concentrate to food products results in delayed impairment. People consume these products, do not initially feel any effects and then drive, with the effects impacting them while driving.

Drugged Driving and Per Se Drug Laws

Many states have passed a ‘per se’ law, similar to the .08 breath alcohol concentration (BrAC) per se law for alcohol. Colorado passed a modified per se law that allows jurors to infer impairment if a person has 5 nanograms or greater of THC in their blood.

One argument against a per se law is that marijuana stays in the body for up to 30 days. However, Delta 9 THC is generally in the blood only 1 to 3 hours. The THC that is found in the body days later is THC-COOH, an inactive non-impairing metabolite.

Supplemental Material

Shortly after NTSB’s announcement of the NTSB Most Wanted List in January 2014, the Traffic Safety Guy was able to briefly speak with NTSB Board Member Dr. Mark Rosekind. I asked him about substance impaired driving and the issues marijuana is causing for safe driving. His response is part of this episode.

Related Links:

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Research:

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[1] A TSRP provides traffic-related education, research and technical assistance to prosecutors and law enforcement, with an emphasis on impaired driving.

[2] Marijuana is still considered an illegal drug by the U.S. Federal Government; thus, there is a dispute on whether or not the drug is legal.

[3] This episode is not a discussion on the pros and cons of legalizing marijuana. The focus is marijuana’s impact on traffic safety.

February 1, 2014 | Posted in Impaired Driving, Podcast Episodes | By Traffic Safety Guy

Comments Off on 12 – DWI Courts: A Necessary Component in the Battle to End Impaired Driving

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Honorable Peggy Hora

The Honorable Peggy Hora, international expert on Drug Treatment Courts, including DWI (Driving While Impaired/Intoxicated) Courts, discusses what DWI Courts are and why they are needed to reduce impaired driving by substance-addicted individuals.

Impaired driving kills. The answer to ending impaired driving is: Stop drinking and driving. While a simple statement, the solution is far from effortless. Because a broad spectrum of individuals are arrested for DWI, different responses are required. In the United States, two-thirds of those arrested will not repeat the crime of impaired driving. The arrest and conviction are sufficient wake-up calls. However, some individuals are addicted to alcohol or other drugs, and the traditional approaches do not work. They continue to drink, then drive, to be arrested and convicted. It becomes an unending cycle, as jail or prison does not change their behavior. For this specific group of offenders, a different approach is needed. That different approach is a DWI Court.

Format of a DWI Court

DWI Courts are different from traditional courts. Based on the Drug Court model, DWI Courts hold repeat DWI offenders accountable and get them to become law abiding citizens by using long-term treatment and intensive supervision. In other words, DWI Courts go after the root cause, the addiction, by providing a comprehensive approach.

DWI Courts are team endeavors

DWI Courts are team-oriented, with a Judge as the leader of the team. Also represented on the team are:

Prosecutor
Defense counsel
Treatment provider
Court Coordinator
Probation officer, and
Law enforcement officer.

Using treatment to address the why, the court uses its authority to help ensure that the person follows through by attending all treatment sessions, providing frequent and random samples for alcohol and drug testing, meeting with the judge on a regular basis, and following through with any other court orders specific to the individual (attending school, looking for a job, etc). Everyone on the team is focused on making sure the offender complies with the court’s requirements.

If an offender fails to comply, there are swift and certain consequences that increase in severity if the defendant continues to fail. And, if a person is doing everything correctly, and following the court’s orders – there are incentives or positive responses, including applause, praise, or even small gift cards. The importance of positive responses should not be underestimated, because over the long-term they are more effective in changing a person’s behavior than using negative-only responses.

Change is Hard

During this episode the Traffic Safety Guy also discusses the difficulties of changing a particular behavior. Most people forget that change is hard. It takes focus and continued effort to change a past habit. Many people make New Year’s resolutions, but very few are successful in the endeavor. Others no longer bother to make a resolution because of past failures. Now, add in an addiction to a chemical substance, especially one as socially acceptable as alcohol, and a behavioral change becomes even more difficult. But with a team of supporters holding a person accountable and always recognizing the positive efforts, change is possible.

DWI Courts are changing individuals—one person at a time—for a lifetime. And that is change worth understanding and supporting.

Have you seen a DWI Court? What did you think?

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