ABCs OF DUI AND REPEAT OFFENDERS MARTY CONBOY OMAHA CITY PROSECUTOR

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ABCs OF DUIAND REPEAT OFFENDERS MARTY
CONBOYOMAHA CITY PROSECUTOR

• ABCs OF DUIAND REPEAT OFFENDERS

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PROGRESS -1994 12,930 ARRESTS,
6,170 CONVICTIONS 47 2,582 ALCOHOL RELATED
ACCIDENTS - 2004 14,148 ARRESTS,
11,016 CONVICTIONS 78 -1,914 ALCOHOL
RELATED ACCIDENTS
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According to NHTSA in 2006

• There were 13,470 fatalities in crashes involving
  a driver with a BAC of .08 or higher - 32 of
  total traffic fatalities for the year.
• These fatalities represent an average of one
  alcohol impaired driving fatality every 39
  minutes.
• The rate of alcohol impairment among drivers
  involved in fatal crashes was four times higher
  at night than during the day (36 versus 9).
• 15 of the drivers involved in fatal crashes
  during the week were alcohol impaired, compared
  to 31 on weekends.

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Modest Progress

• In 2002
• 820 serious injury and fatal DUI crashes
• 4.6 per million miles driven
• 115 DUI fatalities

• In 2007
• 712 serious injury and fatality DUI crashes
• 3.7 per million miles driven
• 91 DUI fatalities

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BINGE DRINKING
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CENTERS FOR DISEASE CONTROL
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DUI PENALTIES

• INCREASED PENALTIES FOR HIGH TEST OR REFUSAL
• 20 LEVELS OF PENALTIES
• UP TO 5TH OFFENSE DUI
• REDUCED MINIMUMS FOR PROBATION

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NEBRASKAS DUI LAW

• REFUSAL PENALTIES MIRROR DUI
• CAN BE TESTED BY BLOOD OR URINE, OR BOTH
• DEFENDANT PAYS FOR THE TEST
• PRIORS ARE GOOD FOR 12 YEARS
• OTHER STATES CONVICTIONS CAN BE USED

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DRUGGED DRIVING

• DRE PROGRAM
• INCREASED ARRESTS
• BETTER DETECTION METHODS
• GROWING AWARENESS OF CRASH RISK
• CONSIDERED A DUI

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DETERRENCE

• Directly related to perception
• Arrest
• Prosecution
• Punishment
• Increased future penalties

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DELAY
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DELAY CAN WORK BOTH WAYS

• SPEEDTY TRIAL WITHIN 6 MONTHS
• WITNESS UNAVAILABILITY CHANGES IN THE LAW
• SUBSEQUENT DUI REQUIRES JAIL IF ANOTHER DUI
  PENDING
• GENERALLY SUSPENDED ALREADY DUE TO ALR

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Intensive Probation

• Typical in felony and high risk cases involving
  repeat offenders
• Frequent compliance checks by probation office
• Show cause jail
• Continued court management
• Counts as a conviction
• Use of technology

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IGNITION INTERLOCK
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INTERLOCK LEGISLATION

• NEW LAW TOOK EFFECT JANUARY 1ST
• ALL 14,000 DUI DEFENDANTS NOW ELIGIBLE FOR
  INTERLOCK
• 60 DAY REVOCATION REQUIRED
• FLAWS BEING ADDRESSED

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SCRAM Device

• Expensive
• No Accountability
• Actual measure of use
• Now in State Law

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DUI COURTS

• Cannot be a diversion
• Typically post plea
• Intensive treatment and monitoring
• Successful completion results in removal of the
  DUI
• Promising results
• Reserved for frequent flyers

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SAFER HIGHWAYS

• DECREASING CRASHES
• DECREASING ACOHOL RELATED FATALITIES
• INCREASED SEAT BELT USE