Mandatory blood alcohol testing of all drivers involved in serious injury crashes who survive.

Overview

A vehicle crash scene is chaotic. Determining whether the crash was alcohol-related is secondary to saving the lives of those involved in a crash, as it should be. Nationally, in crashes that caused death or serious injury in 2003, only 24 percent of surviving drivers and 66 percent of killed drivers had their blood alcohol concentration (BAC) tested and available.

Knowing whether a crash was alcohol-related is important for a number of reasons. More testing means a greater chance of detecting drunk drivers. A study in one state found that more than 80 percent of drunk drivers with a BAC of .10 percent or higher who were involved in motor vehicle crashes and admitted to hospital emergency departments were not held responsible for their crimes because hospital personnel did not report their BAC level to authorities. (McNamee, 2001)

More testing helps to gauge the effects of policies and programs that combat drunk driving and help law enforcement professionals allocate their resources to the areas most in need of enforcement. Lack of testing makes the problem hard to quantify and hard to combat.

Finally, testing for alcohol in crashes can help offenders get treatment for any underlying problems with alcohol. People who come into the emergency department are one and a half to three times more likely to have alcohol abuse issues than primary care patients. (Cherpitel, 1999) Studies show that emergency room-based interventions can decrease future drinking and driving, traffic violations, alcohol-related injuries, and trauma re-admissions. (Gentilello, 1999) (Monti, 1999) Treating offenders’ problems with alcohol makes us all safer.

There is no single solution to improve BAC testing rates. However, action by state legislators can help in two areas. First, your state legislature can require BAC test results be obtained from all drivers involved in fatal and serious injury crashes. This gives law enforcement the mandate they need to follow up and get blood tests at a hospital. Second, the legislature can require hospitals to turn over blood tests from drivers who have illegal BAC levels. This makes sure that criminals cannot use hospitals as "safe havens."

Take Action

There are still 13 states that do not require drivers who are killed in crashes to be tested: Alabama, Alaska, Delaware, Indiana, Iowa, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Vermont, Virginia, Wyoming, and the District of Columbia.  

There are still 11 states that do not require drivers who are involved in fatal crashes, but survive, to be tested: Arizona, Idaho, Massachusetts, Michigan, Ohio, Oregon, Rhode Island, Tennessee, Virginia, West Virginia and Wisconsin. 

Resources

• Official Position Statement
• Mandatory blood alcohol testing of all killed drivers
• Hospital BAC Reporting
• Studies
  • Cherpitel, Cheryl J. "Drinking Patterns and Problems: A Comparison of Primary Care with the Emergency Room." Substance Abuse 20 (1999):85-95.
  • Gentilello, Laurence M, et al. "Alcohol Interventions in a Trauma Center as a Means of Reducing the Risk of Injury Recurrence." Annals of Surgery 230 vol. 4 (1999): 473-483.
  • Monti, Peter M., et al. "Brief Intervention for Harm Reduction with Alcohol-Positive Older Adolescents in a Hospital Emergency Department." Journal of Consulting and Clinical Psychology 67 vol. 6 (1999):989-994.
  • National Highway Traffic Safety Administration. "Alcohol Screening and Brief Intervention in the Medical Setting." DOT HS 809 467. Washington, DC: National Highway Traffic Safety Administration, July 2002.
  • Soderstrom, Carl, JT Dailey, and TJ Kerns. "Alcohol and Other Drugs: An Assessment of Testing and Clinical Practices in U.S. Trauma Centers." Journal of Trauma 36 vol. 1 (Jan 1994): 68-73.