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DUI RECIDIVISMRelease Date: December

NIH Guide: EFFECTIVENESS OF STRATEGIES FOR PREVENTING DUI RECIDIVISM EFFECTIVENESS OF STRATEGIES FOR PREVENTING DUI RECIDIVISMRelease Date: December 4, 1998PA NUMBER: PAS-99-023P.T.National Institute on Alcohol Abuse and AlcoholismNational Highway Traffic Safety Administration, Department of TransportationCenter for Substance Abuse Treatment, SAMHSAApplication Receipt Date: March 18, 1999; standard receipt dates thereafterPURPOSEThe purpose of this program announcement is to stimulate research that addressesthe problem of recidivism among people convicted of drinking and drivingoffenses. This includes individuals who are apprehended for driving under theinfluence (DUI), driving while intoxicated (DWI), or related offenses such asdriving after suspension for a DUI and violation of zero tolerance laws, and areeither convicted or otherwise sanctioned for such illegal behavior. Applicantswho respond to this program announcement are encouraged to develop researchapplications that design, develop, implement, and/or test interventions that havethe potential of preventing or reducing DUI recidivism. Such interventions maybe investigator initiated and implemented in collaboration with appropriatemembers of judicial, administrative, and policy-making bodies specifically totest or compare their efficacy in preventing or reducing DUI recidivism. Alternatively, the interventions to be studied may occur naturally in society aslaws, regulations, policies, and practices implemented by legally constitutedbodies and may be tested for their effectiveness by researchers who use theestablished methodologies of studying "natural experiments."Over the past 15 years, there has been a marked decrease in alcohol-relatedfatalities and in alcohol-impaired driving among the U.S. driving population asa whole. Research indicates that these reductions have resulted in part from theadoption and implementation of several laws by all or many States. These legalchanges include raising the minimum legal drinking age to 21 by all States,implementing administrative license revocation, increasing the severity andexpanding the types of sanctions for convicted DUI offenders, and reducinglegally acceptable BAC levels to .08 for drinking drivers. However, much remainsto be learned about the relative effectiveness of specific sanctions, singly andin combination, for violators of the aforementioned new laws. Of particularconcern is how to deal most effectively with persons with multiple DUI offenses. The goal of this program announcement is to expand research in this domain as ameans of building a firmer knowledge base to assist judges, prosecutors, andother decision makers in making choices among the various options available tothem in sanctioning DUI offenders.HEALTHY PEOPLE 2000The Public Health Service (PHS) is committed to achieving the health promotionand disease prevention objectives of "Healthy People 2000," a PHS-led nationalactivity for setting priority areas. This program announcement is related to thepriority areas of alcohol abuse reduction and alcoholism treatment. Potentialapplicants may obtain a copy of "Healthy People 2000" (Full Report: Stock No.017-001-00474-0 or Summary Report: Stock No.017-001-00473-1) through theSuperintendent of Documents, Government Printing Office, Washington, DC20402-9325 (Telephone: 202-512-1800).ELIGIBILITYApplications may be submitted by domestic and foreign, for-profit and non-profit,public and private organizations, such as universities, colleges, hospitals,laboratories, units of State and local governments, and eligible agencies of theFederal Government. Racial/ethnic minority individuals, women, and persons withdisabilities are encouraged to apply as Principal Investigators.MECHANISM OF SUPPORTThis research support may be obtained through applications for a regular researchproject grant (R01), small grant (R03), or exploratory/developmental grants(R21). R21 grants are limited to up to 2 years for up to $100,000 for directcosts per year. Applicants for Exploratory/Developmental Grants will need tocite the program announcement for Secondary Analysis of Existing Health ServicesData Sets (PA-97-066) in addition to this program announcement in theirapplication. Applicants may also submit Investigator-Initiated InteractiveResearch Project Grants (IRPG) under this program announcement. InteractiveResearch Project Grants require the coordinated submission of related regularresearch project grant applications from investigators who wish to collaborateon research. Further information on the IRPG mechanism is may be obtained in PA-96-001, which is available on the internet at http://www.nih.gov/grants/guide/pa-files/PA-96-001.html .Potential applicants for Exploratory/Developmental Grants may obtain copies ofthe specific announcements from the NIAAA Home Page at http://www.niaaa.nih.gov or from the Office of Scientific Affairs, NIAAA, 6000 Executive Boulevard, Suite409, MSC 7003, Bethesda, MD 20892-7003, telephone: 301-443-4375 or FAX301-443-6077. Further information on grant mechanisms and areas of researchinterest may be obtained from program staff listed under INQUIRIES.FUNDS AVAILABLEAt least $1,300,000 in total costs will be available for three to five awards inthe first year of awards. This level of support is dependent on receipt of applications of high scientific merit. The usual policies governing grantsadministration and management, including facilities and administrative costs,will apply. Funding beyond the first and subsequent years of the grant will becontingent upon satisfactory progress during the preceding years and availabilityof funds. The earliest possible award date is September 30, 1999.RESEARCH OBJECTIVESBackgroundIn spite of the decreasing prevalence of DUI, it remains a major alcohol-relatedproblem in the United States and the leading cause of death for persons betweenthe ages of 1 and 24. The extent of the problem is illustrated by the followingdata:o Of the 41,967 persons killed in traffic crashes in 1997, 16,189 (39 percent)died in alcohol-related crashes. This translates into one alcohol-related deathevery 32 minutes during 1997.o An additional 327,000 persons (about 10 percent of all those injured incrashes) received their injuries in alcohol-related crashes.o At some point in their lives, three in every 10 Americans will be involved inan alcohol-related crash.o About 1.5 million people were arrested in 1996 for driving under the influence(DUI) or driving while intoxicated (DWI).Drunk driving recidivism rates are high: approximately one-third of driversarrested or convicted of DWI each year are repeat offenders. A 1994 studypublished in the New England Journal of Medicine concluded that drivers involvedin alcohol-related fatal crashes were eight times more likely to have had DWIconvictions in the previous 5 years than drivers randomly selected from thegeneral population of licensed drivers. The National Highway Traffic SafetyAdministration (NHTSA) indicates that in 1996, about one in six drivers withpositive BAC levels who died in traffic crashes had been convicted of drivingwhile intoxicated during the three previous years. And a 1995 California studysuggests that 44 percent of drivers convicted of DUI in that State arereconvicted of DUI within 10 years.The magnitude of the DUI recidivism problem prompted NHTSA and NIAAA tocollaborate in sponsoring a series of working groups of judges, prosecutors, andalcohol researchers to discuss what is known about effective prevention andtreatment interventions for DUI offenders and to develop two guides for judges,prosecutors, and other relevant administrators to help them confront the problemof DUI offenders. A Guide to Sentencing DUI Offenders, published in 1996 by theDepartment of Transportation (DOT HS 808 365), discusses the sentencing process,factors influencing risk for recidivism, specific sanctions and remedies,rehabilitation options for offenders sentenced to treatment, compliance andreporting, and research needs. The second guide, Sentencing and Dispositions ofYouth DUI and Other Alcohol Offenses, (referred to below as the Youth Guide) iscurrently in press and focuses on youthful offenders. Because all States haveadopted laws making age 21 the minimum legal drinking age, sales to and purchase,possession, and consumption of alcohol by minors usually are illegal (althoughlaws and specific penalties vary among the States). For that reason, the YouthGuide has a broader focus of interest including laws and sanctions directed atalcohol-related offenses by persons under age 21, including DUI.Preparing the guides has made abundantly clear to NIAAA and NHTSA that theexisting knowledge base regarding the effectiveness of specific sanctions for DUIoffenders provides limited guidance for judges and other decision makers whodaily must choose among the available options. For that reason, these twoagencies, as well as the Center for Substance Abuse Treatment (CSAT), whichserved in an advisory role in the preparation of the Guides and which has astrong interest in the effectiveness of interventions with DUI offenders, arejointly inviting the research community to propose new studies that can helpaddress the fundamental unanswered questions about the outcomes and effectivenessof various sanctions singly and in combination, and which populations and underwhat conditions the interventions are most effective.Applicants should justify their choice of interventions for study based onrelevant theories of behavior change for individuals and, where possible, onexisting data suggesting positive intervention effects. Applicants shouldexplain why the chosen intervention should be expected to prevent DUI recidivism. Applicants also may propose small-scale feasibility or pilot studies as a preludeto later designing more complex intervention research.Possible Interventions for StudyIn the field of alcohol-problem prevention research, a popular way ofconceptualizing interventions is to distinguish between universal, selective, andindicated approaches in terms of certain characteristics of the target group. This typology takes into account the breadth of the target group, its risk ofhaving the disorder or problem of concern, and the benefit/cost ratio ofcommitting resources to its prevention in that particular target group. Universal approaches target entire populations or subpopulations without regardto risk; selective strategies target subgroups known to be at higher than averagerisk; and indicated interventions target persons with individual risk factorsthat require more immediate intervention.Since the objective of this research endeavor is to prevent DUI recidivism, thecritical target population is that group of people who have already been arrestedor apprehended for committing DUI, and the proposed interventions must showpromise of preventing (or reducing) their drinking, their driving, or thecombination of these behaviors. The risk of recidivism varies across theheterogeneous DUI offender population, depending on such factors as the frequencyof driving after drinking, number of prior DUI offenses, and the offender's age,sex, ethnicity, and history of alcohol-related problems. Specific subpopulationsmay be the focus of a proposed study. Of particular interest are persistent DUIoffenders who pose an especially difficult problem for both public safety and thecourts, and thus are a highly desirable focus of proposed research to reducerecidivism.Several factors known to facilitate reduction of recidivism across the spectrumof DUI offenders also should be considered, including consistency, certainty, andcoordination of sanctions. In addition, it is important that such legallyprescribed policies as mandated screening for alcohol and other drug problems andother mandatory sanctions be fully and consistently implemented; that sanctionsbe made increasingly severe for repeat offenders; that courts, evaluators,probation officers, and treatment providers be integrated into a coordinatedsystem to ensure compliance with the sentence, since failure to address non-compliance greatly undermines the effectiveness of a sanction and the authorityof the court.Sanctions imposed on DUI offenders may have several objectives. Theysimultaneously seek to 1) protect the road-using public, 2) hold the offenderaccountable to the victim and/or the community, and 3) provide education and/ortreatment to the offender through a combination of retribution, general andspecific deterrence, incapacitation, rehabilitation, and restorative justice. Thus, a combination of sanctions often is needed to achieve these goals. It isimportant to note, however, that the goal of this program of research is tomeasure the effectiveness of sanctions on recidivism. For this reason,investigators should not focus on the general deterrent effect on the drivingpublic of the countermeasure being studied. However, sanctions that are veryeffective in reducing recidivism may also have a general deterrent effect if theyare highly publicized.A number of specific intervention options identified in the Guide to SentencingDUI Offenders and the Youth Guide might be rigorously evaluated with variouspopulations in a jurisdiction in which they currently are being used. Alternatively, the sanctions may be deliberately implemented so as to facilitatesystematic evaluation in jurisdictions where they are not currently being used.Many of the sanctions identified in the guides have been assessed only with adultpopulations or have included such small samples of youth that their effectivenesswith this population has not been determined.Offender SanctionsOffenders most frequently are sentenced to jail terms (including weekenddetention), probation (with a wide range of conditions of probation), fines, andcourt-mandated license suspension/revocation. Each of these sanctions may varywidely in length or amount, as well as the conditions of supervision and may bethe subject of assessment under specific conditions or with particularsubpopulations.o Based on studies available through 1995, the Guide to Sentencing DUI Offendersconcludes that jail may be effective as a general deterrent, but it appears tobe no more effective as a specific deterrent for reducing DUI recidivism thanother sanctions, and it is far more costly. Moreover, mandatory jail sentencesmay so overload the court and correctional system that the implementation of jailsentences actually is curtailed. Nevertheless, incarceration may be the mostappropriate and/or effective sanction with certain offenders.o Weekend interventions programs provide opportunities to assess the offender'salcohol and other drug problems, permit individualized treatment plans, and allowoffenders to remain on the job. One study suggests that repeat offenders in suchprograms have lower recidivism rates than those sentenced to jail or givensuspended sentences and fines. However, more research is needed.o Detention in facilities dedicated to DUI offenders incapacitates high-riskoffenders for various lengths of time and may offer opportunities forrehabilitation services, but research on the impact of detention combined withtreatment programs is very limited.o Probation is not a single program or strategy; rather, the conditions ofprobation vary widely. Moreover, there is little data on the effectiveness ofparticular programs of varying length and scope as conditions of probation. Research might explore the short and longer-term outcomes with DUI offenders ofeach of the following sanctions or combinations of them as a condition ofprobation: intensive probation, home detention, electronic monitoring, licenseor vehicle restrictions, fines and/or community service, and attendance at victimimpact panels or at Alcoholics Anonymous. For example, a NHTSA study found thatrecidivism rates one year after sentencing were 33 percent lower for theexperimental subjects sentenced to home detention and electronic monitoring (6percent) than for those of individuals in a control group (4 percent). However,the effectiveness of most other conditions of probation, both through theprobationary period and beyond it, and the extent of compliance with theseconditions, have not been carefully assessed.o Since offenders often fail to comply with all the terms of their sentence,investigators may explore the costs and benefits of implementing variousmechanisms to increase compliance with sanctions. These might compare scheduledmeetings with the sentencing judge; increased phone monitoring by probationofficers, and brief incarceration for even minor infractions.o Based on findings that suggest drug courts have been effective in reducing therecidivism rates of drug offenders, it would be useful to test and evaluate thedrug court model with DUI offenders.Administrative Licensing ActionsThe courts share responsibility for managing DUI offenders with State departmentsof motor vehicles (DMVs). DMV agencies maintain critical records and haveadministrative power to suspend a driver's license and vehicle registration andto determine when a suspended offender is eligible for reinstatement. Althoughadministrative license suspension (ALS) and revocation (ALR) are civil actions,they have been found to be among the most effective in reducing DUI recidivism. In contrast, judicial license suspension is a post-conviction action ordered bythe court.o Studies of administrative license suspension clearly indicate that it iseffective in reducing DUI recidivism and the risk of crash involvement amongdrinking drivers. Optimal suspension periods appear to be between 12 and 18months, but suspension periods tend to be shorter, in part, because it isbelieved that suspension has a negative impact on a driver's employment andfamily welfare. Although some research suggests that job loss is not a majorproblem, it continues to be a significant factor in persuading courts not toimpose license restrictions as a sanction. The length and impact of thissanction merits further rigorous study.o Researchers might assess the effectiveness of various civil remedies or court-based sanctions for driving after suspension, which is a serious offense thatoccurs frequently, but appears to be addressed inconsistently.Vehicle-related SanctionsSeveral recent studies suggest that efforts to reduce illegal driving byconvicted alcohol-impaired drivers through vehicle impoundment, license plateimpoundment and tagging, and/or use of alcohol ignition interlocks may all beeffective, both during and after the sanction period. While there is a growingbody of research on ignition interlocks, research on other vehicle restrictionsis limited; thus, investigators might usefully explore the effectiveness of othervehicle sanctions during and after the sanction period.o Recent data on the effectiveness of vehicle impoundment suggests thatrecidivism and crashes can be reduced for suspended license offenders. Data onvehicle forfeiture are limited and might be further studied, particularly theconditions under which this intervention can be effective. For example, whetherforfeiture is equally effective with all groups of offenders and the optimalduration of different vehicle-related sanctions are unclear.o Vehicle tagging (the placement of a sticker over portions of the license plateindicating that the owner has a suspended driver's license) appeared to reducetraffic violations and crashes when it was implemented in Oregon. Furtherexamination of this administrative approach would be valuable.Treatment and Rehabilitation OptionsThe research literature on the treatment of alcoholism is largely silent on thespecific treatment needs and most effective approaches for the subcategory ofpersons who enter the treatment system as a result of a court order followingapprehension and/or conviction for DUI. It is unknown, for example, whethertreatment programs found to have been effective with voluntary patients (e.g.,cognitive behavioral therapy) also are effective with those ordered by the courtto enter them. A meta-analysis of 225 intervention/treatment programs for DUIoffenders (including educational programs and well as self-help, outpatient, andinpatient treatment programs), indicated that such programs could reducerecidivism by 7 to 9 percent. For many first offenders, the shock of beingarrested and exposure to offender education classes may have been sufficient todeter further DUI. Nevertheless, the content, format, and number of educationalmaterials probably varied widely and was not rigorously assessed. Sincerecidivists tend to exhibit higher rates of alcoholism and more alcohol-relatedproblems than first-time DUI offenders, treatment interventions in a criminaljustice setting with the recidivist population also merit further examination. Other treatment-related research questions include how to sustain abstinence andprevent relapse with various groups of DUI offenders following treatment interventions.o Educational programs may include didactic lectures on the medical and legalconsequences of drinking or DUI, discussions that more actively involveoffenders, and/or video presentations. One study found that for non-alcoholic DUIoffenders, education reduced recidivism somewhat more than did fines alone. Itis unclear, however, what program content is most effective and what period ofinvolvement is most effective in reducing recidivism.o Data on treatment effectiveness is limited but suggests that recidivism maybe reduced among DUI problem drinkers if they are required to participate for atleast a year in an intensive treatment program that involves weekly therapysessions and bi-weekly individual interviews with either a therapist or probationofficer. Project MATCH found that alcohol dependent (but not necessarily DUIoffender) clients treated in both inpatient and outpatient sites were equallylikely to reduce their drinking in response to three treatments (cognitive-behavioral therapy, motivational enhancement therapy, and twelve-stepfacilitation). The effectiveness of these treatment regimes under conditions ofcourt coercion with the DUI offender population might be usefully explored.o Research findings are mixed, and further study is needed concerning theeffectiveness of diversion programs where prosecution is deferred while theoffenders undergo long-term treatment. Similarly, studies might be undertakenthat test the effects of deferred prosecution following informal probation andcommunity service, or other such conditions.o Alcoholics Anonymous (AA) is the most popular self-help group for alcoholics. However, it is not clear how AA can be used most effectively as an interventionstrategy for DUI offenders.An additional challenge to the court and to researchers is how to integrate thethree sanction areas-- license suspension, alcohol education and treatment, andpunitive sanctions such as jail -- that currently are used to manage DUIoffenders. Combining treatment with incarceration or brief interventions withcourt processing and screening, for example, may be occurring and should beevaluated.Specific Issues for Youth-Focused ResearchIn the absence of tested adolescent-specific interventions, many of the sanctionsidentified above (whether age-appropriate or not) have been applied to youthfulDUI offenders as well as adults but have not been rigorously evaluated with ayouthful population. In addition, there is a need to develop and testinterventions specifically tailored to the developmental and social needs ofadolescents. These may be novel approaches (as long as theoretically orempirically justified), or investigators may modify common adult interventionsto make them age-appropriate. Researchers should note, however, that there arespecial challenges and research issues that arise in addressing youthful DUIoffenders. Some are related to the fact that their special age status permitsmany alcohol-related cases involving youth to be handled by the juvenile court. It is not known, for example, whether the court to which a youth's alcohol-related offense is referred (traffic, juvenile, criminal or family court) resultsin different sanctions and whether these, in turn, result in different complianceand recidivism rates. Other questions are related to the implementation andoutcomes of special laws that apply only to youth. These include zero tolerancelaws requiring that they have no measurable BAC level when driving or risk lossof driving privileges. Further uncertainties revolve around the role andresponsibility of parents for minor children and how best to involve them in thesanctioning process.o There are now more than 280 teen courts operating in 31 States. These aredesigned to hold offenders accountable for their actions while freeing courtdockets. Individual programs have conducted internal evaluations of theireffectiveness, but there has been no standardized overall evaluation of teencourts.o License suspension and revocation may be particularly effective among youthsince the driver's license is an especially prized possession among them. Studies of license actions among youth might usefully explore the optimum periodof license suspension and revocation among young people, which may differ fromthat of adults due to zero tolerance laws.o The evidence is mixed regarding the effects of community service on recidivismor crashes among adult DUI offenders. It has not been evaluated among youthfuloffenders but may be particularly appropriate as a form of restorative justicefor youth given their limited ability to pay financial restitution and lowerlikelihood of need for alcohol treatment. Other forms of restorative justicethat merit further systematic evaluation particularly among youth include victim-offender mediation, attendance at victim impact panels, and emergency departmentvisitation.o The potential involvement of parents in the youth sanctioning process and theeffects of their involvement merit study. For example, does their attendance atcourt proceedings, in parenting skills classes, or in restitution programs withtheir children reduce the recidivism of youthful offenders?Methodological Issues and Outcome MeasuresTo assess the efficacy of interventions and the effectiveness of interventionprograms for DUI offenders, researchers may propose experimental or quasi-experimental study designs, as well as secondary analyses of existing data setsthat permit tests of the effectiveness of sanctions but where the data have notbeen fully or appropriately exploited. The selection of interventions fortesting should be theory-driven whenever possible. Formal theories postulatingmechanisms of change from a particular intervention may be drawn frommultidisciplinary sources such as the behavioral, biomedical, developmental,and/or social sciences. For example, Jessor's problem behavior theory, Bandura'ssocial learning theory and Prochaska and DeClemente's stages of change theory maybe useful.Research to establish the efficacy of an intervention must include appropriatecomparison groups. The single most powerful procedure available to provideunbiased comparison groups is the random assignment of subjects to experimentaland control conditions. While courts have often opposed randomization asantithetical to individualized sentencing, many judges appreciate the need forrandomization and its justice were the alternative sentences appear to be ofequivalent severity and their relative effectiveness is unknown. Similarly, aproposed intervention that cannot be assigned to all eligible offenders due toresource limitations may use randomization to offer all eligible offenders anequal opportunity to enter the program or obtain the treatment.Proposals that use quasi-experimental designs, including natural experiments thatuse time-series analyses, are also welcome. Whatever the chosen methodologicaldesign and analysis plan, they must be justified in terms of theirappropriateness for the task at hand. Applicants must defend their choice ofmethods in terms of their scientific credibility, but pragmatic considerationsmay also be relevant. For example, randomization may not be acceptable toauthorities in the particular judicial system in which the proposed study willtake place; or the law may mandate that a new naturally occurring interventionthat the applicant proposes to evaluate must be universally applied, forcing theinvestigator to seek appropriate controls elsewhere. Where randomization isproposed, applicants must be able to justify "treatment indifference" from anethical perspective -- i.e., that the intervention to be tested has not beenproven to be superior (or inferior) to the alternative intervention(s). Otherwise, it may be unethical to propose randomization.Researchers also should address potential problems of (a) self selection and (b)sample attrition, as well as assure (c) sufficient statistical power to detectdifferences in intervention efficacy or effectiveness when they really exist. Even where the principal investigator has strong methodological skills, it maybe advisable to include among the research team an expert in study design and/orstatistics.Since the purpose of this program announcement is to stimulate research oninterventions to prevent or reduce DUI recidivism, outcome measures (orendpoints) must be relevant to this objective. Direct evidence of recidivism mayinclude alcohol-related crashes, and reconvictions, rearrests, or new citationsfor DUI. Because offender self-reports of violations would in many instancesconstitute an admission of illegal behavior that could lead to additionalsanctions, self reports are likely to produce biased and unreliable data. Ifused as an outcome measure, they should be augmented with corroborativeinformation from collaterals or archival data.With respect to reducing DUI recidivism and alcohol-involved traffic crashes,mediating and moderating variables may affect the outcome. Both program inputs(e.g., more intense monitoring) and program outputs (e.g., increased perceptionof the risk of sanctions for drinking and driving) may contribute to suchintermediate changes as reduced drinking or modified driving behaviors. Increating intervention programs, researchers need to identify and model theanticipated mediating and moderating factors that are likely to contribute tointermediate and more distal changes in the outcome measures. Such factors mayinclude dispositional and personality characteristics (e.g., sensation-seeking),offender perceptions of risk of apprehension for violating the sanction andactual enforcement mechanisms, and integrity of the delivery of the intervention(e.g., whether the education program is delivered as described by the provider). While the DUI outcome is the ultimate measure of program effectiveness,explanatory models of the change process, measures of program implementation andintegrity, and data identifying the sociodemographic and personalitycharacteristics of the study population are essential elements in the cumulativeprocess of understanding program success or failure and linkages between theintervention processes and their outcomes.The complexity of the problem and difficulties in establishing new programs forstudy suggest that some investigators may prefer to design feasibility studies. These might address such issues as how best to operationalize interventions foruse in specific real-world legal or jurisdictional environments; the feasibility,costs, and relative effectiveness of having different types of individuals in acommunity (e.g., professionals, paraprofessionals, or community-based volunteerswho receive special training) perform offender screening or act as probationofficers; or constructing or adapting protocols for use among culturally diverseor youthful populations.Given the complex nature of the specific research problem and the desirabilityof implementing a true experimental design if possible, collaborative effortsbetween researchers and justice system practitioners are strongly encouraged. For example, researchers with expertise in alcohol treatment, criminal justice,and traffic safety research may wish to collaborate with criminal justice systempractitioners including judges, treatment providers, and/or probation departmentpersonnel to maximize the competence of the study team investigating differentaspects of the common topic.INCLUSION OF WOMEN AND MINORITIES IN RESEARCH INVOLVING HUMAN SUBJECTSIt is the policy of the NIH that women and members of minority groups and theirsubpopulations must be included in all NIH supported biomedical and behavioralresearch projects involving human subjects, unless a clear and compellingrationale and justification is provided that inclusion is inappropriate withrespect to the health of the subjects or the purpose of the research. Thispolicy results from the NIH Revitalization Act of 1993 (Section 492B of PublicLaw 103-43).All investigators proposing research involving human subjects should read the"NIH Guidelines for Inclusion of Women and Minorities as Subjects in ClinicalResearch," which have been published in the Federal Register of March 20, 1994(FR 59 14508-14513) and in the NIH Guide for Grants and Contracts, Volume 23,Number 11, March 18, 1994.Investigators also may obtain copies of the policy from the program staff listedunder INQUIRIES. Program staff may also provide additional relevant informationconcerning the policy.INCLUSION OF CHILDREN AS PARTICIPANTS IN RESEARCH INVOLVING HUMAN SUBJECTSIt is the policy of NIH that children (e.g., individuals under the age of 21)must be included in all human subjects research, conducted or supported by theNIH, unless there are scientific and ethical reasons not to include them. Thispolicy applies to all initial (Type 1) applications submitted for receipt datesafter October 1, 1998.All investigators proposing research involving human subjects should read the"NIH Policy and Guidelines on the Inclusion of Children as Participants inresearch Involving Human Subjects" that was published in the NIH Guide for Grantsand Contracts, March 6, 1998, and is available a the following URL address: http://www.nih.gov./grants/guide/notice-files/not98-024.html Investigators also may obtain copies of these policies from the program stafflisted under INQUIRIES. Program staff may also provide additional relevantinformation concerning the policy.APPLICATION PROCEDURESApplications are to be submitted on the grant application form PHS 398 (rev.4/98) and will be accepted on March 18, 1999 and on the standard applicationreceipt dates each year thereafter. Application kits are available at mostinstitutional offices of sponsored research and may be obtained from the Divisionof Extramural Outreach and Information Resources, National Institutes of Health,6701 Rockledge Drive, MSC 7710, Bethesda, MD 20892-7910, telephone 301-435-0714,Email: grantsinfo@nih.gov .The title and number of the program announcement must be typed on line 2 of theface page of the application form and the YES box must be marked.The completed original application and five legible copies must be sent ordelivered to:CENTER FOR SCIENTIFIC REVIEWNATIONAL INSTITUTES OF HEALTH6701 ROCKLEDGE DRIVE, ROOM 1040 - MSC 7710BETHESDA, MD 20892-7710BETHESDA, MD 20817 (for express/courier service)REVIEW CONSIDERATIONSApplications that are complete will be evaluated for scientific and technicalmerit by an appropriate peer review group convened in accordance with thestandard NIH peer review procedures. As part of the initial merit review, allapplications will receive a written critique and undergo a process in which onlythose applications deemed to have the highest scientific merit, generally the tophalf of the applications under review, will be discussed, assigned a priorityscore, and receive a second level review by the appropriate national advisorycouncil.Review CriteriaThe goals of NIH-supported research are to advance our understanding ofbiological systems, improve the control of disease, and enhance health. Thereviewers will comment on the following aspects of the application in theirwritten critiques in order to judge the likelihood that the proposed researchwill have a substantial impact on the pursuit of these goals. Each of thesecriteria will be addressed and considered by the reviewers in assigning theoverall score, weighting them as appropriate for each application. Note that theapplication does not need to be strong in all categories to be judged likely tohave a major scientific impact and thus to deserve a high priority score. Forexample, an investigator may propose to carry out important work that by itsnature is not innovative but is essential to move a field forward.Significance: Does this study address an important problem? If the aims of theapplication are achieved, how will scientific knowledge be advanced? What willbe the effect of these studies on the concepts or methods that drive this field?Approach: Are the conceptual framework, design, methods, and analyses adequatelydeveloped, well-integrated, and appropriate to the aims of the project? Does theapplicant acknowledge potential problem areas and consider alternative tactics?Innovation: Does the project employ novel concepts, approaches or methods? Arethe aims original and innovative? Does the project challenge existing paradigmsor develop new methodologies or technologies?Investigator: Is the investigator appropriately trained and well-suited to carryout this work? Is the work proposed appropriate to the experience level of theprincipal investigator and other researchers (if any)?Environment: Does the scientific environment in which the work will be donecontribute to the probability of success? Do the proposed experiments takeadvantage of unique features of the scientific environment or employ usefulcollaborative arrangements? Is there evidence of institutional support?Budget: Is the requested budget and estimation of time to completion of theproject appropriate for the proposed research?In addition, plans for the recruitment and retention of subjects will beevaluated as will the adequacy of plans to include both genders, minorities andtheir subgroups, and children as appropriate for the scientific goal of theresearch.The initial review group will also examine the provisions for the protection ofhuman subjects and the safety of the research environment.AWARD CRITERIAApplications will be considered for funding on the basis of the overallscientific and technical merit of the application as determined by peer review,programmatic needs and balance, and the availability of funds.INQUIRIESInquiries concerning this program announcement are encouraged. The opportunityto clarify any issues or questions from potential applicants is welcome.Inquiries regarding programmatic issues may be directed to:Susan E. Martin, Ph.D.Division of Clinical and Prevention ResearchNational Institute on Alcohol Abuse and Alcoholism6000 Executive Boulevard MSC 7003Bethesda, MD 20892-7003Telephone: (301) 443-8767FAX: (301) 443-8774Email: smartin@willco.niaaa.nih.gov Direct inquiries regarding fiscal matters to:Edward EllisGrants Management BranchNational Institute on Alcohol Abuse and Alcoholism6000 Executive Boulevard MSC 7003Bethesda, MD 20892-7003Telephone: (301) 443-4706FAX: (301) 443-3891Email: eellis@willco.niaaa.nih.gov AUTHORITY AND REGULATIONSThis program is described in the Catalog of Federal Domestic Assistance, No.93.273. Awards are made under the authorization of the Public Health ServiceAct, Sections 301 and 464H, and administered under the PHS policies and FederalRegulations at Title 42 CFR Part 52 and 45 CFR Part 74 or 45 CFR Part 95, asapplicable. This program is not subject to the intergovernmental reviewrequirements of Executive Order 12372 or Health Systems Agency Review.The Public Health Service (PHS) strongly encourages all grant recipients toprovide a smoke-free workplace and promote the non-use of all tobacco products. In addition, Public Law 103-227, the Pro-Children Act of 1994, prohibits smokingin certain facilities (or in some cases, any portion of a facility) in whichregular or routine education, library, day care, health care or early childhooddevelopment services are provided to children. This is consistent with the PHSmission to protect and advance the physical and mental health of the Americanpeople. Return to Volume Index Return to NIH Guide Main Index Department of Health and Human Services National Institutes of Health (NIH) 9000 Rockville Pike Bethesda, Maryland 20892



Colorado DUI - Colorado Drunk Driving Defense - US DUI Links Cases DUI FAQS DMV Services Fees SURVIVAL TIPS Colorado Misdemeanors DUI News Colorado DUI Defense Office of Jim Forslund 3780 S. Broadway Englewood, CO 80113 303-761-6067 CELL: 303-332-3602 FAX: 303-672-6815 DUI Interview Don't Let Your Colorado DUI Ruin Your Life! I will fight to save your license and freedom! DUI Directory DUIlaw When you've been arrested for a DUI in Denver or Boulder and you don't think it's fair, you need a lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results. You've just found that lawyer. I understand that you're probably feeling confused, angry, or somewhat fearful about what's happened to you. The process of being arrested, taken to jail, fingerprinted, and photographed was probably very dehumanizing to you. I sincerely sympathize with that. To be honest with you--you're faced with a charge which can have serious outcomes. (Please see what your DUI may cost .)I don't want to scare you, but let me give you a glimpse of what's in store for you. If your case goes the wrong way you could lose your license, your insurance could go up, you could be fined, it could hurt you when you apply for a job, and you could even go to jail. I'll Help You Keep Your License and Your Freedom I know you're fearful about what might happen to you, but I'd like you to know that there's a good chance I can help. Did you know that there are at least 20 possible challenges that can be made to the charges you are facing? I can raise applicable ones for you so your case is as strong as possible. Sure, I can just fill out the forms and talk to the District Attorney, but in many cases the best choice is to fight. That's the kind of case I focus on. My goal is to get you off, to keep your record clean, and to prevent you from losing your freedom and your license to drive. You see . . . my practice is based on the belief that you were arrested when you shouldn't have been. At the very least, I'll make sure that you're being treated fairly. The District Attorney prosecutes these types of cases all day. He knows--and is willing to use against you--all of the fine legal points that are available to him. The law says that he only needs to prove that after drinking you were not able to drive your car safely or that your blood alcohol exceeds a certain limit. That sounds pretty cut and dried, but it's not quite as simple as that. You see, if challenged, the DA also has to show that the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it. If he gets information which may prove you innocent, an attorney can make him give you that information also. Get The Legal Help You Need That's where I come in. I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly. If they weren't, then his case is weakened. I can't promise you that I'll be successful because each case is unique. Maybe the judge assigned to your case is more lenient on drunk driving cases, or maybe he is harsher on them. Maybe there are some things distinctive to your case which are important. However, all things being equal, I think you'll find that I am well-skilled and that I fiercely protect your rights. When you retain me you'll get expert legal help from an attorney who knows how to guide your case through the complexities of the legal system because I've done it numerous times. You'll be certain you are being treated fairly by the judicial system because I'll insist: that the District Attorney provide us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions for them. that the DA provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence. on receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified. on proof that you were advised of all of your rights. If you weren't, the DA's case may be weakened. I talk to the District Attorney beforehand to get him to produce his proof and let him know that I will be contesting in court all these points I mentioned. When his case is challenged, he has to take a lot of time producing this material and witnesses. As you can see, what looks simple gets pretty complex. As your attorney I will look into all ofthese things for you so that you will have the best possible case. Actually, there is more, but I don't have space in this letter to tell you all of it. Free Consultation and Review of Your DUI Arrest $150 Value You're probably like most people arrested for a DUI. You don't really know the rightthing to do about it, and you don't know whether or not you can win if you contest your arrest. For both of these reasons, I'd like to buy you a free consultation to give you the additionalinformation I just mentioned and to review your case. If you would like to meet with me, I will be happy to set up an appointment with you. That way you'll be able to learn all you need to know about your situation. This telephoneconference is free to you, will last about an hour, and there is no further obligation at all. In fact,until you agree, in writing, to pay me, you will never owe me any money. You can call and leave a message at any time. Here's How I'll Protect Your Rights When we talk, I will analyze the facts of your case, give you my opinion about it, and discuss my approach to it. I'll explain how we'll protect your legal rights, what your options are,and how the whole judicial process works, so you'll know exactly what happens. Plus, you'll learn how I will guide you through the court system and how I'll championyour rights, using all my ingenuity and the options in the legal system to defend and protect you. For example, I'll review the Complaint against you . . . the steps which were used toconduct the chemical and roadside tests against you to determine if they are valid . . . and I'll showyou how the police officer's testimony can be impeached. I will also tell you about my fees. (Please see my fees information page )) Anything you tell me during this and all other meetings will be confidential, whether or not you retain me. In summary, with my help you'll get: A free initial phone consultation. Personalized attention. I'll return your phone calls promptly, keep you informed, and answer all questions to help you put the pieces back together. Reasonable fees , and you'll know in advance how you'll be charged. Experience . For over 18 years I've helped people just like you. Aggressiveness . While I accept peaceful settlements, I take a tough stance to protect you. So, if you want an attorney you can talk to, who understands what you want, who isinterested in you and your situation, and who fights to get you results, call me today at 303-761-6067 for your free consultation. The first meeting is free, so there is no risk on your part; and you'll be able to get all yourquestions answered. When we are finished, if you're not convinced that I will be able to protectyou to your complete satisfaction, then you can leave and I won't trouble you again . . . and you'llowe me nothing. In any event, at the end of the consultation you'll be more knowledgeable, you'll knowwhat to expect in the judicial process, and be able to make more informed decisions about yourcase. And by the way, your arrest may have included a cancellation of your drivingprivileges. You only have seven days to respond to this issue. As a courtesy to you, I willtell you what you must do about this, at no charge, just for calling me. Please remember, the charges against you are serious and can carry severe consequenceswhich could be damaging to your present and your future. You can discover for yourself how Ican help save your license and freedom by calling me at 303-761-6067. Sincerely, Jim Forslund P.S. In case you're still undecided about who, if anyone, to go to, let me tell you one final thing--it may be important. There is no extra fee for handling any other charges on the Complaint against you, as long as it is no more serious than a misdemeanor. © 2001 BLS Drunk Driving websites Find a DWI DUI Drunk Driving Lawyer in your state. Ten Mistakes How to avoid the 10 biggest mistakes most people make after being arrested for DUI. Case Tips 53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU Police Mistakes Mistakes the police make . . . and how they can help you. Colorado DUI/DWAI Law CRS § 42-4-1301. Driving under the influence--driving while impaired by alchohol, alchol or alcohol. DUI now .08 in Colorado This applies to arrests made on 7/1/4 or later. Do not plead to impaired if you are below .08! What Happens After A DUI Arrest? There are usually both Motor Vehicle and Court Proceedings. Lawyer Mistakes The Top 10 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them Rights in a Colorado DUI It is very important to understand them. Calculate Your Blood Alcohol Content It makes a difference. Colorado Blood Alcohol Chart Colorado DUI Penalties What you are facing. License Statute Do you face the loss of your license. What Can I Do to Save My License? Fight to save your license! If you drive after losing your license, you face substantial penalties. Finding Places Maps, addresses, phone numbers. Where to request a DMV hearing to fight to save your license. Challenges There are many possible challenges that can be made to the charges you are facing. Attorney Information Area covered. Address. Phones. Colorado attorneys beyond coverage area. We serve clients in the greater Denver Boulder Metro area. DUI & Immigration Interstate Driver License Compact How to get a Colorado license when your driver license is suspended in another state. Humor Break Did you spell it alchohol, alchol or alcohol? Alchohol is the most common. Alchol the least, but right after alcohol, which is correct. Colorado DUI Courts . DUI courts in the north-eastern 2/3 of Colorado. Colorado DMV Offices . DMV offices in the north-eastern 2/3 of Colorado. International Referral Database DWI DUI Drunk Driving Lawyers: Alaska: Anchorage Arizona: Phoenix Sierra Vista Tucson California: Los Angeles Sacramento San Diego San Francisco Santa Barbara Santa Cruz Colorado Denver Colorado Springs Pagosa Springs Trinidad Connecticut: New London Florida: Fort Pierce Georgia: Atlanta Illinois: Chicago Louisiana: Covington Maryland: Greenbelt Massachusetts: Boston Minnesota: Minneapolis Mississippi: Jackson Missouri: Kansas City St. Louis Nevada: Las Vegas New Jersey: Cherry Hill New York: Long Island New York City North Carolina: Durham North Dakota: Grand Fork Ohio: Columbus Oklahoma: OK City Oregon: Medford Pennslyvania: Edinboro Montgomery & Bucks Philadelphia Pittsburgh State College Tennessee: Memphis Texas: Austin Conroe Dallas Denton Ft. Worth Houston Kerrville League City Lubbock Plano San Antonio Utah: Ogden Virginia: Manassas Newport News Washington: Lynnwood West Viginia: Clarksburg Wisconsin: Milwaukee Madison External Links 500+ DUI law firms The laws of other states are different than Colorado laws. Sites that have linked to ours. Site Index



Illinois DUI Laws Findgreatlawyers.comis

Illinois DUI Questions, Lawyer Referrals What We Do How It Works Hot Topics Contact Us Lawyers Do I Need to Hire a Lawyer? Our Pledge to You FAQ's en Espaol Home Findgreatlawyers.com is run by Illinois lawyers and allows you to speak to an Illinois attorney for free. In confidence you can ask questions and obtain a referral to an independent lawyer that best fits your needs. Illinois Lawyer Referrals and Legal Guidance Frequently Asked Questions About Illinois DUI Laws Findgreatlawyers.comis a free service, run by Illinois lawyers, to find an attorney or obtain guidance for any Illinois legal matter, including Illinois traffic law cases. Please call us at (312) 346-5320 or (800) 517-1614 or fill out our contactus form and we will contact you. All inquiries are kept in strict confidence. Findgreatlawyers.com is run by Illinois lawyers and allows you to speak to our staff of Illinois attorneys for free and in confidence to ask questions or obtain a referral to an independent lawyer we know that best fits your situation. The following is a list of frequently asked questions that we receive on Illinois DUI laws. If you have additional questions do not hesitate to contact us at any time. Can I go to jail if I was arrested for driving under the influence in Illinois? Yes. For first time offenders the jail sentence can be as long as one year. For people convicted of two DUIs within five years there is a mandatory five day jail sentence at minimum. Longer jail sentences are possible if the DUI resulted in an injury to another person. Will I lose my license if I am convicted of a DUI? Yes, for at least one year. I live in Illinois, but received a DUI in another state. Can Illinois revoke my license? Yes, Illinois recognizes suspensions of licenses in other states so if you lose driving privileges in one state you will lose them in Illinois as well. I was pulled over and the police forced me to give blood so it could be examined for alcohol content. Is this legal in Illinois? As long as there was not an accident that resulted in an injury to another person then this would be illegal and any test should be thrown out by a judge. I was given a portable breath test by a police officer. Is that allowed in Illinois? No, portable breath tests are not allowed in Illinois and will be thrown out by a judge and never entered into evidence. Can I represent myself if I have been charged with a DUI? While you are allowed to represent yourself, given the potential for jail time, large fines, loss of driving privileges, etc., we would never recommend that someone who has been charged with a DUI represent themselves. There is an old saying that a lawyer who represents himself has a fool for a client. Are Illinois DUI penalties higher if a child was in the car when the driver was pulled over? Yes, if convicted the offender would face mandatory jail time, mandatory community service and a minimum fine of $1,000.00. I took a breathalyzer test and failed. Is there any way to avoid a DUI conviction? Yes, numerous studies have shown that not all breath tests are reliable and there are many other factors that can contribute to blood alcohol content. While a failed breath test presents an uphill battle, an experienced Illinois DUI defense lawyer knows how to analyze the entire situation to determine if there are defenses to the charge. Does my attorney need to be licensed in the County where the court hearing will take place? No, there is no such thing as being licensed by a County in Illinois. Your attorney just needs to be licensed to practice law in the state of Illinois. However, we highly recommend If you have any questions about Illinois DUI laws or would like a referral to an Illinois traffic lawyer, please contact us. All inquiries are free and confidential. Findgreatlawyers.com is a free service, run by Illinois lawyers, to help people with any Illinois legal matter. From Chicago to Belleville, to Peoria to Rockford and all locations in between, we will use our best efforts to help you with your legal situation. 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DUII. Their efforts contributed

CVU Members Speak On DUII At Pioneer Pacific College CVU Members Speak On DUII At Pioneer Pacific College CRIME VICTIMS UNITED On February 1, 2004, CVU and MADD members Marie Armstrong and Anne Pratt spoke to a criminal justice class at Pioneer Pacific College in Springfield, Oregon. The topic was Driving Under the Influence of Intoxicants and its impact. Marie Armstrong's son Chance was killed by a drunk driver in 1996. Chance's girlfriend survived with a brain stem injury. The driver was sentenced to 90 days in jail for criminally negligent homicide. Released from jail, he drove with a revoked license, continued to drink and drive and violated other terms of his release including being a felon in possession of a firearm. Anne Pratt's son, Brian Hood, was killed by a drunk driver in 1998. Her experience with the criminal justice system led her and her husband Bruce to work for changes to Oregon's laws on DUII. Their efforts contributed to several bills passed by the legislature, most notably Brian's Bill , which increased penalties for criminally negligent homicide. Marie and Anne spoke about the impact of drunk drivers on their lives and the lives of other Oregonians, and their experiences with the criminal justice system. Pioneer Pacific student Jami Clark, who arranged for Marie and Anne to present to instructor Shan Weggland's class, wrote a note of thanks: February 3, 2004 Dear Anne and Marie: Thank you for making time to attend my class and be our guest speakers. I know that your presence has done two things: help you to speak about your pain and educate others so they too are not victims. It was very admirable for you to share such a painful experience with a room full of strangers. The power point was very informative and provided information that was not common knowledge. The pictures of your sons also made the situation a reality and not just a name in the obituary. The pictures helped to place a face with a name. In addition, seeing the copies of the Bills that were passed also helped us with the larger picture. I am in awe of your courage and your strength to continue to move forward and fight for stricter punishments and your hopefulness in the prevention you stand behind. I certainly agree that this knowledge needs to be shared with all counties of Oregon and perhaps nation wide. Knowledge is power and a lot of people do not have the knowledge. Keep your heads held up high and your passion growing, for this will be a tough road to travel. I would like for you to remember the following when things become tougher than normal. "A single drop of water begins a waterfall, and look what comes from that." ~Power of One~ You may be a single drop of water now; however, soon other drops will follow. Please keep me in mind when letters need to be written so we may pass more Bills. Sincerely Yours, Jami M. Clark See Also: CVUJoins with Legislators and Advocates to Combat DUII Marie Armstrong's Testimony on Senate Bill 421 Senate Bill 421 Is Signed Into Law Home | Top | Search



breathalyzers' source code is

Stay Free! Daily: Judges toss out DUIs because breathalyzers' source code is secret Search Got a blog tip? Contact us « Drugs are Like That PSA | Main | Jets stadium grounded » Judges toss out DUIs because breathalyzers' source code is secret Via Boing Boing , we learn: "Florida judges are tossing out DUI cases when defendants ask to see the source code for the breathalyzers that busted them -- the manufacturers won't turn over the source, and since the machine's correct operation is critical to establishing the case against the DUIers, the case is dismissed when it can't be produced." All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday ... Now if only they could find a way to apply this to voting machines . Posted by Carrie McLaren on 06/06/2005 | Permalink Comments The logic of these cases would have to extend to computer fingerprint and DNA matching, not to mention face-recognition software. All are probably covered by proprietary code. We are either going to have a lot more disclosure or far fewer convictions. This ruling appears likely to create too much havoc; I can't imagine that the appeals courts will let it stand. Posted by: Charles Star | Jun 6, 2005 7:34:03 PM Actually I think this sounds kind of legit. After all if you push enough with a speeding ticket and go through the trouble to make sure the radar is been certified and the cop is certified to use it etc... and it turns out it is not you can walk away with out the ticket or a fine. I find this quite interesting, too many things in life go through with out checks and balances, I say more power to someone if they take this route. Although shame on that person for drinking and driving and causing a serious problem, but we all know most of the time a DUI is all about timing and has little to do with being loaded. Posted by: donnyunitas | Jun 7, 2005 10:08:14 PM I don't disagree, donnyunitas. I think the decision is the right one, but the havoc it will cause will keep courts from embracing the theory more broadly. To balance the constitutional rights of the defendants against the business interests of trade secret holders, courts will start issuing confidentiality orders and compelling disclosure of the code to the defendant. Posted by: Charles Star | Jun 8, 2005 4:00:08 PM Post a comment This weblog only allows comments from registered users.To comment, please Sign In . You are currently signed in as (nobody) . Sign Out Comments: Archives January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 About our blog team Subscribe to this blog's feed --  



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