In Nebraska, motor vehicle crashes are the leading cause of injury death, and the second leading cause of injury-related hospitalization. More than a fourth of all motor vehicle deaths in Nebraska involved at least one alcohol-impaired driver. This brief provides a description of Nebraska alcohol-related statutes and regulations as of January 2011, and impaired driving policy recommendations based on the Nebraska Strategic Highway Safety Plan and recommendations of the Centers for Disease Control and Prevention.https://digitalcommons.unmc.edu/coph_policy_reports/1012/thumbnail.jp

Shaw-Sutherland, Kelly

Stimpson, Jim P.

English

University of Nebraska Medical Center Research: DigitalCommons@UNMC

University of Nebraska Medical Center DigitalCommons@UNMC Reports: Center for Health Policy Center for Health Policy 3-2012 Policy Analysis of Impaired Driving Laws in Nebraska Jim P. Stimpson University of Nebraska Medical Center Kelly Shaw-Sutherland University of Nebraska Medical Center Follow this and additional works at: https://digitalcommons.unmc.edu/coph_policy_reports  Part of the Public Health Commons Recommended Citation Stimpson, Jim P. and Shaw-Sutherland, Kelly, "Policy Analysis of Impaired Driving Laws in Nebraska" (2012). Reports: Center for Health Policy. 25. https://digitalcommons.unmc.edu/coph_policy_reports/25 This Report is brought to you for free and open access by the Center for Health Policy at DigitalCommons@UNMC. It has been accepted for inclusion in Reports: Center for Health Policy by an authorized administrator of DigitalCommons@UNMC. For more information, please contact digitalcommons@unmc.edu. S U M M A R Y  In Nebraska, motor vehicle crashes are the leading cause of injury death, and the second leading cause of injury-related hospitalization. More than a fourth of all motor vehicle deaths in Nebraska involved at least one alcohol-impaired driver. This brief provides a description of Nebraska alcohol-related statutes and regulations as of January 2011, and impaired driving policy recommendations based on the Nebraska Strategic Highway Safety Plan and recommendations of the Centers for Disease Control and Prevention. O v e r v i e w  o f  t h e  P r o b l e m  In Nebraska, motor vehicle crashes are the lead-ing cause of injury death, and the second leading cause of injury-related hospitalization.1 Young driv-ers have the greatest likelihood of being involved in an alcohol-related crash, and motor vehicle crashes are the leading cause of injury death for Nebraska’s children, and the fourth leading cause of injury-related hospital visits.2 More than a fourth of all motor vehicle deaths in Nebraska involved at least one alcohol-impaired driver.1 The research indicates that attempts to solve the problem of impaired driving should carefully con-sider options at various levels of prevention.  Primary prevention efforts focus on reducing drink-ing levels, particularly on preventing persons from getting drunk in public, and have the strongest relationship with preventing impaired driving be-havior. The focus of primary prevention efforts is on changing community norms about drinking by:   Reducing consumption of alcohol through excise taxes  Reducing retail availability of alcohol  Monitoring alcohol serving and sales practices   Secondary prevention efforts focus on reducing the likelihood that a person who is intoxicated drives a vehicle. The research indicates this effort is less effective than primary prevention efforts because the person is already intoxicated. The focus of secondary prevention efforts is on chang-ing community norms about drinking and driving by:  Increasing the perceived risk of driving under the influence (DUI) enforcement  Providing drug and alcohol treatment  Providing alternative means of transportation home such as public transit, designated driv-ers, or free cab rides  Tertiary prevention efforts focus on persons who are driving while intoxicated, which research shows has the least impact on preventing alcohol-related crashes. Tertiary prevention efforts focus on:  Arresting and punishing offenders  Policy Analysis of  Impaired Driving Laws in Nebraska  Jim P. Stimpson and Kelly Shaw-Sutherland MARCH 2012 UNIVERSITY OF NEBRASKA MEDICAL CENTER  |  1 Center for Health Policy Mission: Improving the public’s health in Nebraska by generating and disseminating interdisciplinary research and objective analysis of health policies. UNMC Center for Health Policy Maurer Center for Public Health 984350 Nebraska Medical Center Omaha, Nebraska 68198-4350 Ph: 402.552.7254 Fx: 402.559.9695 Email: james.stimpson@unmc.edu unmc.edu/publichealth/chp.htm Exhibit 1. DUI Policies by Level of Prevention in Nebraska UNIVERSITY OF NEBRASKA MEDICAL CENTER  |  2 UNMC Center  for  Heal th  Pol icy  Level of Prevention Policy Nebraska Law? Primary Price Control Yes   Retail Availability Yes   Alcohol Serving & Sales Practices Yes   Graduated Drivers Licensing Yes   Primary Seat Belt Laws Yes       Secondary Lower Blood Alcohol Content Limits Yes   Zero-Tolerance Laws Yes   Open Container Laws Yes   Ignition Locks Yes   Sobriety Checkpoints Yes       Tertiary Tiered Penalty Structure (DUI offenses) Yes   Tiered Administrative Penalty Structure (SIP offenses) No   Tiered Criminal Penalty Structure (SIP offenses) No   “Intoxication” Clearly Defined Yes Current Nebraska statutes cover driving under the influence/driving while intoxicated (DUI/DWI), open containers, state sales to intoxicated people (SIP), sobriety checkpoints, and underage drinking. Exhibit 2 provides a description of Nebraska alcohol-related statutes and regulations as of January 2011.  Policy/Law Statutory/Regulatory Requirements a, b, c, State Statutes a, b, d Driving Under the Influence/ Driving While Intoxicated (DUI/DWI)  The legal blood alcohol content (BAC) for adult oper-ators of noncommercial motor vehicles and recrea-tional watercraft is 0.08.e  There is zero-tolerance (BAC limit 0.02) for underage drinkers.  There is a tiered DUI penalty structure: penalties increase with each conviction, requiring payment for an alcohol assessment and an alcohol treatment program (if so ordered by a judge) at the expense of the person convicted.f  Administrative license suspension for the first offense is 180 days. Driving privileges can be restored during suspension after 30 days.g  Penalties for DUI/DWI include interlock but do not include vehicle forfeiture for multiple offenses (see also open containers). Neb. Rev. Stat. s. 60-6,211.01 Neb. Rev. Stat. s. 60-6,211.02 Neb. Rev. Stat. s. 60-6,211.03 Neb. Rev. Stat. s. 60-6,211.04 Neb. Rev. Stat. s. 37-1254.01 Neb. Rev. Stat. s. 60-6,196 2001 Neb. Laws 166 2001 Neb. Laws 773 Exhibit 2. Nebraska Alcohol-Related Statutes and Regulations UNIVERSITY OF NEBRASKA MEDICAL CENTER  |  3 MARCH 2012 Policy/Law Statutory/Regulatory Requirements a, b, c, State Statutes a, b, d Open Containers  Possession and consumption of alcohol is prohibited for both drivers and passengers on any public high-way or right-of-way. Neb. Rev. Stat. s. 60-6,211.08 Neb. Rev. Stat. s. 60-624 1999 Neb. Laws 585 Retail Sales & Sales to In-toxicated People (SIP)  Alcohol can be sold from 6 a.m. to 2 a.m.h  Incentives are provided to retailers who use electronic scanners that read birth date and other information digitally encoded on valid identification cards.i  Spirits may not be sold on- or off-premises before noon on Sundays. Beer, wine, and champagne can be sold starting at 6 a.m.j  Licensees and employees may be held criminally liable for SIP.k  Only the licensee may be held administratively liable for SIP. NE LB 1061, 2010 Neb. Admin. R. & Regs. Tit. 237, Ch. 6, § 019. Sobriety Checkpoints  Law enforcement officials are entitled to carry out sobriety checkpoints under state law.  United States Department of Transportation policies permit a motorist who wishes to avoid a checkpoint to legally turn before entering the checkpoint area unless he or she commits a traffic offense. State v. McCleery, 560 N.W.2d 789 (1997)a Underage Drinking  Consumption of alcohol is prohibited, except in a parent’s/guardian’s home.  Purchase of alcohol is prohibited unless done for law enforcement purposes.  The State has discretionary authority to revoke driv-ing privileges for possession and consumption of alcohol for those 18 years and older for a minimum of 30 days.  It is a criminal offense to alter a valid ID or to create or manufacture a false ID to obtain alcohol. Neb. Rev. Stat. s. 53-1,122 Neb. Rev. Stat. s. 53-103 Neb. Rev. Stat. s. 53-103.23 Neb. Rev. Stat. s. 53-168.06 Neb. Rev. Stat. s. 53-180.01 Neb. Rev. Stat. s. 53-180.02 Neb. Rev. Stat. s. 53-180.05 Neb. Rev. Stat. s. 53-180.07 Neb. Rev. Stat. s. 53-181 Neb. Rev. Stat. s. 60-4,111.01 Neb. Rev. Stat. s. 60-4,119 2001 Neb. Laws 114 2010 Neb. Laws 258, §3 2010 Neb. Laws 261 2010 Neb. Laws 861, §8 & §31 aInsurance Institute for Highway Safety, Highway Loss Data Institute (2011). State Highway Safety Law Summary. Retrieved from http://www.iihs.org/laws/StateLaws.aspx?StateAbbr=NE on September 28, 2011. bVoas R, Lacey J. Alcohol and Highway Safety 2006: A Review of the State of Knowledge. Washington, DC: US Department of Transportation, National Highway Traffic Safety Administration; 2011. Adapted from Birckmayer JD, Boothroyd RI, Friend KB, Holder HD, Voas RB. Prevention of Alcohol-Related Motor Vehicle Crashes: Logic Model Documentation. Calverton, MD: Pacific Institute for Research and Evaluation; 2008. cAlcohol Policy Information System (2011). Policy Changes at a Glance. Retrieved from http://www.alcoholpolicy.niaaa.nih.gov/APIS_policy_changes.html on September 1, 2011. dNebraska Interagency Safety Committee (March 2007). Nebraska Strategic Highway Safety Plan: Guidance for 2007-2011 eThe BAC limit was changed from 0.1 to 0.08 in 2001. fNebraska Revised Statute § 60- 6,197.08. gDrivers usually must demonstrate special hardship to justify. hLegislation passed in 2010 allows for municipalities to extend on-premises sales to 2 a.m. with two-thirds approval of city or county councils. iIn Omaha, it was illegal to sell all liquor before noon, but the Omaha city council voted 5-1 to repeal the law December 16, 2006. jNebraska provides incentives to retailers who use electronic scanners that read birth date and other information digitally encoded on valid identification cards. Incentives may include an affirmative defense in prosecutions for sales to minors if the retailer can show that the scanner was used properly, and restoration of sales privileges during suspension.  kVisible intoxication indicators in the regulation include the following: problems with balance; inability to maintain balance, e.g., stumbling, staggering gait, bumping into furniture while walking, falling against bar or off stool, head on bar; ineffective muscular coordination, e.g., spilling and/or knocking over drinks, unable to pick up change; strong smell of alcohol; slurred speech, e.g., thick tongue, uncontrollable voice pitch, muttering; bloodshot and/or glassy eyes, e.g., flushed face; condition of clothes and hair, e.g., disheveled appearance, messy hair, unzipped clothing; unusual behavior, e.g., vomiting, profanity, hiccups, fighting, loud, boisterous, obnoxious behavior. Exhibit 2. Nebraska Alcohol-Related Statutes and Regulations continued... UNIVERSITY OF NEBRASKA MEDICAL CENTER  |  4 UNMC Center  for  Heal th  Pol icy  MARCH 2012 P o l i c y  R e c o m m e n d a t i o n s  The Nebraska Strategic Highway Safety Plan (2007-2011)3 identified several critical strategies and activities to reduce impaired driving in       Nebraska. Critical Strategies  Enforcement to discourage drinking and    driving  Enforcement and education to discourage underage drinking and driving  Broad-based education campaigns to reduce impaired driving  Compliance checks of alcohol retailers Activities  Selective overtime enforcement opera-tions   Sobriety checkpoints (average 2 per month)   Open container and repeat offender laws   Judicial and prosecution training   Drug recognition expert training   Alcohol server/seller training   Administrative license revocation law   0.08 BAC and zero tolerance laws Since 2007, the Centers for Disease Control and Prevention has recommended the following initia-tives to reduce impaired driving and recidivism:   Ignition interlocks for all convicted DWI    offenders  Expanded use of sobriety checkpoints  Maintenance and enforcement of mini-mum legal drinking age and zero toler-ance laws.4 R e f e r e n c e s  1Nebraska Department of Health and Human Services CODES Program. (2008). Nebraska codes traffic safety facts 2008. http://dhhs.ne.gov/publichealth/Documents/alcoholimpaired.pdf. Ac-cessed July 22, 2011.   2Nebraska Department of Health and Human Services Injury Pre-vention and Control Program. (2010). Nebraska injury prevention and control facts 2010: issue 2. http://dhhs.ne.gov/publichealth/Documents/2010-Issue2.pdf.Nebraska Department of Health and Human Services. Accessed July 22, 2011. 3Nebraska Interagency Safety Committee. Nebraska strategic highway safety plan: guidance for 2007-2011. http://www.dor.state.ne.us/highway-safety/docs/strat-hwy-sfty-plan.pdf. Published March 2007. Accessed July 22, 2011. 4Motor Vehicle Safety. Centers for Disease Control and Prevention Web site. http://www.cdc.gov/motorvehiclesafety/index.html. Ac-cessed September 19, 2011. A u t h o r  I n f o r m a t i o n  Jim P. Stimpson, PhD, is an associate professor at the UNMC College of Public Health in the Department of Health Services Research and Administration and director of the UNMC Center for Health Policy. Kelly Shaw-Sutherland, MPA, is a health data ana-lyst at the UNMC College of Public Health in the Department of Health Services Research and Administration. A c k n o w l e d g e m e n t s  We thank Sue Nardie and Mark Bowen for helpful comments on this report. The original impetus for this report was in response to Nebraska State Senator Burke J. Harr’s request for input into an interim study by the Judiciary Committee (LR249) on Nebraska’s driving-under-the-influence laws. F u n d i n g  I n f o r m a t i o n  This policy brief was developed with support from the UNMC College of Public Health. S u g g e s t e d  C i t a t i o n  Stimpson JP, Shaw-Sutherland K. Policy Analysis of Impaired Driving Laws in Nebraska. Omaha, NE: UNMC Center for Health Policy; 2012. C o n f l i c t  o f  I n t e r e s t  None. D i s c l a i m e r  The views expressed herein are those of the authors and do not necessarily reflect the views of collaborating organizations or funders, or of the Regents of the University of Nebraska. C o n t a c t  I n f o r m a t i o n  Jim P. Stimpson, PhD Director UNMC Center for Health Policy Maurer Center for Public Health 984350 Nebraska Medical Center Omaha, NE 68198-4350 Ph: 402.552.7254 Fx: 402.559.9695  Email: james.stimpson@unmc.edu unmc.edu/publichealth/chp.htm 

Policy Analysis of Impaired Driving Laws in Nebraska

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Policy Analysis of Impaired Driving Laws in Nebraska

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