Abstract: Toward Improved Impaired Driving and Child Endangerment Laws (Society for Prevention Research 22nd Annual Meeting)

Schedule:

Thursday, May 29, 2014

Columbia A/B (Hyatt Regency Washington)

* noted as presenting author

Sue Thomas, PhD, Senior Research Scientist, Pacific Institute for Research and Evaluation, Calverton, MD

Tara D. Kelley-Baker, PhD, Senior Research Scientist, PIRE- Pacific Institute for Research and Evaluation, Calverton, MD

Eduardo Romano, PhD, Senior Research Scientist, Pacific Institute for Research and Evaluation, Calverton, MD

Ryan Treffers, JD, Associate Research Scientist, Pacific Institute for Research and Evaluation, Calverton, MD

Carol L. Cannon, MA, Research Scientist, The CDM Group, Redwood City, CA

Introduction: Child endangerment laws are intended to protect children from physical or emotional abuse, including being put in the way of harm. Driving impaired with a child in the vehicle meets this definition. Nevertheless, the extent to which laws that address driving impaired with a child in a vehicle are as strong as they could be is, to date, unexamined.

Objective: To expand public health knowledge about the legal and policy aspects of DUI-child endangerment laws and analyze the extent to which jurisdictions give priority to protection of children within DUI statutes. Ultimately, such categorization can lead to impact studies of the effect of differences in polices within or across jurisdictions.

Methods: We performed original legal research to locate and code driving-under-the-influence (DUI)-child endangerment laws across the 50 states and the District of Columbia. This allowed us to compile a baseline legal dataset and systematically analyze the extent to which each jurisdiction gives priority to protection of children within DUI-child endangerment statutes.

Results: Nine DUI-Child Endangerment policy elements were identified describing the type of law (enhanced, separate, or aggravating), penalty types (jail, fine, etc.), and other outstanding issues (age of driver and passenger, etc.). Only 42 of the 51 jurisdictions address DUI-child endangerment in their statutes. Of those jurisdictions that do, the most comprehensive policies and those most protective of the safety of child passengers are not available in many jurisdictions.

Discussion: Considerable additional work needs to be done to improve state laws on DUI-child endangerment. The 9 jurisdictions that do not directly address this public health harm can enact laws to do so, and the 42 jurisdictions that already have laws can enhance their approaches to prioritize the protection of children.

Key Words: Alcohol Policy, DUI-Child Endangerment, Alcohol Laws, Alcohol Deterrents, Public Health Policy, Public Policy

Abstract: Toward Improved Impaired Driving and Child Endangerment Laws (Society for Prevention Research 22nd Annual Meeting)

399 Toward Improved Impaired Driving and Child Endangerment Laws