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Safety Recommendation Details

Safety Recommendation H-12-035
Details
Synopsis: The National Transportation Safety Board (NTSB) has long been concerned about alcohol-impaired driving, which accounts for approximately one-third of all US highway fatalities. Between 1982 and 1994, the percentage of fatally injured drivers with a blood alcohol concentration (BAC) greater than or equal to 0.08 decreased from 49 to 33 percent. However, since that time, there has been no further decline in the percentage, and efforts are needed to address this lack of progress. The NTSB has issued more than 120 safety recommendations on impaired driving since 1968, and “Addressing Alcohol-Impaired Driving” is on the NTSB’s Most Wanted List. The National Highway Traffic Safety Administration (NHTSA) estimates that alcohol-impaired driving in the United States continues to kill over 10,000 people yearly and to injure many more despite numerous federal, state, and local efforts. The NTSB is also concerned about the growing problem of drug use by drivers. According to NHTSA, from 2005 to 2009, the proportion of fatally injured drivers who tested positive for drugs (illicit, prescription, and over-the-counter) rose from 13 to 18 percent. According to NHTSA’s 2007 National Roadside Survey, 16.3 percent of weekend nighttime drivers tested positive for drugs. The growing prevalence of drugged driving has also captured the attention of the White House Office of National Drug Control Policy, which cites the following principle in its 2011 National Drug Control Strategy: “Preventing drugged driving must become a national priority on par with preventing drunk driving.” In May 2012, the NTSB held a forum to identify the most effective, scientifically based actions needed to “reach zero” accidents resulting from substance-impaired driving. Numerous impaired driving countermeasures were discussed at the forum, including laws, enforcement strategies, adjudication programs, substance treatment programs, ignition interlocks, passive alcohol detection systems, and educational campaigns. Presenters discussed the merits and drawbacks of various countermeasures, as well as the challenges to reducing impaired driving. Reductions in accidents and injuries attributable to impaired driving are the ultimate measures of success. However, inadequate data collection and reporting in many states continue to limit our ability to understand and address the problem of impaired driving and to measure the effectiveness of countermeasures.
Recommendation: TO THE 45 STATES, THE COMMONWEALTH OF PUERTO RICO, AND THE DISTRICT OF COLUMBIA, WHICH HAVE LOW REPORTING RATES FOR BAC TESTING: Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of drivers who survived fatal crashes.
Original recommendation transmittal letter: PDF
Overall Status: Open - Await Response
Mode: Highway
Location: Washington, DC, United States
Is Reiterated: Yes
Is Hazmat: No
Is NPRM: No
Accident #: DCA12SS003
Accident Reports:
Report #: None
Accident Date: 5/15/2012
Issue Date: 11/21/2012
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky (Open - Acceptable Response)
Commonwealth of Massachusetts (Open - Initial Response Received)
Commonwealth of Pennsylvania (Open - Await Response)
Commonwealth of Puerto Rico (Open - Await Response)
Commonwealth of Virginia (Open - Await Response)
District of Columbia (Open - Initial Response Received)
State of Alabama (Open - Initial Response Received)
State of Arizona (Open - Await Response)
State of Arkansas (Open - Await Response)
State of California (Open - Await Response)
State of Colorado (Open - Initial Response Received)
State of Connecticut (Open - Initial Response Received)
State of Delaware (Open - Await Response)
State of Florida (Open - Initial Response Received)
State of Georgia (Open - Await Response)
State of Hawaii (Open - Acceptable Response)
State of Idaho (Open - Await Response)
State of Illinois (Open - Await Response)
State of Indiana (Open - Await Response)
State of Iowa (Open - Await Response)
State of Kansas (Open - Acceptable Response)
State of Louisiana (Open - Await Response)
State of Maryland (Open - Initial Response Received)
State of Michigan (Open - Initial Response Received)
State of Minnesota (Open - Acceptable Response)
State of Mississippi (Open - Acceptable Response)
State of Missouri (Open - Initial Response Received)
State of Nevada (Open - Initial Response Received)
State of New Hampshire (Open - Await Response)
State of New Jersey (Open - Await Response)
State of New York (Open - Acceptable Response)
State of North Carolina (Open - Initial Response Received)
State of North Dakota (Open - Acceptable Response)
State of Ohio (Open - Await Response)
State of Oklahoma (Open - Initial Response Received)
State of Oregon (Open - Await Response)
State of Rhode Island (Open - Initial Response Received)
State of South Carolina (Open - Initial Response Received)
State of South Dakota (Open - Await Response)
State of Tennessee (Open - Await Response)
State of Texas (Open - Await Response)
State of Utah (Open - Initial Response Received)
State of Vermont (Open - Initial Response Received)
State of Washington (Open - Initial Response Received)
State of West Virginia (Open - Initial Response Received)
State of Wisconsin (Open - Initial Response Received)
State of Wyoming (Open - Acceptable Response)
Keyword(s):

Safety Recommendation History
From: State of Alabama
To: NTSB
Date: 12/11/2014
Response: -From Bill Whatley, Public Safety Unit Chief, Law Enforcement and Traffic Safety Division, Alabama Department of Economic and Community Affairs: No action has been taken on this recommendation.

From: NTSB
To: State of Alabama
Date: 9/4/2014
Response: Has Alabama taken action to implement this recommendation? Will there be any effort to address this recommendation?

From: NTSB
To: State of Alabama
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Arizona
Date: 9/4/2014
Response: Has Arizona taken action to implement this recommendation?

From: NTSB
To: State of Arizona
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Arkansas
Date: 9/4/2014
Response: Has Arkansas taken action to implement this recommendation?

From: NTSB
To: State of Arkansas
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of California
Date: 9/4/2014
Response: Has California taken action to implement this recommendation?

From: NTSB
To: State of California
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: State of Colorado
To: NTSB
Date: 12/1/2014
Response: -From Darrell S. Lingk, Director, Office of Transportation Safety, Colorado Department of Transportation, Colorado Governor’s Highway Safety Coordinator (designee): No action has been taken and none is anticipated.

From: NTSB
To: State of Colorado
Date: 9/4/2014
Response: Has Colorado taken action to implement this recommendation?

From: NTSB
To: State of Colorado
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: State of Connecticut
To: NTSB
Date: 12/4/2014
Response: -From Joseph T. Cristalli, Jr., Principal Safety Program Coordinator, State of Connecticut, Department of Transportation: (Division of Criminal Justice response) The Traffic Safety Resource Prosecutor's office does not currently have the "reporting guidelines and safety recommendation H-12-32"- efforts are being made to obtain it.

From: NTSB
To: State of Connecticut
Date: 9/4/2014
Response: Has Connecticut taken action to implement this recommendation?

From: NTSB
To: State of Connecticut
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Delaware
Date: 9/4/2014
Response: Will there be any effort to address this recommendation?

From: NTSB
To: State of Delaware
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: State of Florida
To: NTSB
Date: 1/22/2015
Response: -From Lora Bailey Hollingsworth, P.E., Chief Safety Officer, Highway Safety Coordinator: No further action is anticipated at this time. Close H-12-35.

From: NTSB
To: State of Florida
Date: 9/4/2014
Response: No further information is required at this time to update this recommendation.

From: NTSB
To: State of Florida
Date: 11/4/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to the state of Florida and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.

From: State of Florida
To: NTSB
Date: 9/20/2013
Response: From Ananth Prasad, P.E., Florida Department of Transportation: Currently, Florida law does not require BAL testing of all drivers involved in fatal crashes, unless there is probable cause. The FIDC will consider NHTSA's recommended testing and reporting guidelines, when they are available.

From: NTSB
To: State of Florida
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Georgia
Date: 9/4/2014
Response: Has Georgia taken action to implement this recommendation?

From: NTSB
To: State of Georgia
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Hawaii
Date: 9/4/2014
Response: Has Hawaii taken any further action to implement this recommendation?

From: NTSB
To: State of Hawaii
Date: 9/18/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36, as well as any other open recommendations, at the conclusion of our review.

From: State of Hawaii
To: NTSB
Date: 8/22/2013
Response: -From Neil Abercrombie, Governor of Hawaii: Hawaii already strives to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. However, although the law permits surviving drivers to be tested in crashes involving death or injury when a crime has been committed, there still needs probable cause to believe that the driver had been drinking. As of 2010, all county police departments focused on testing drivers that survived fatal crashes as allowed by State statute. Based on State data in Calendar Years 2010 and 2011, Hawaii did achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. Further, once the 2012 data is completed and analyzed, it is believed that Hawaii shall again achieve that benchmark.

From: NTSB
To: State of Hawaii
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All the state responses to this recommendation conditioned their implementation on when NHTSA has developed the guidelines. Hawaii reports that it will review NHTSA’s guidelines to determine, if implemented, whether they would strengthen Hawaii’s collection, documentation, and reporting of BAC test results. Kansas reports that it will review NHTSA guidelines and determine what will benefit Kansas in increasing its BAC reporting rates and will incorporate those specific guidelines into a statewide action plan. Kentucky reports that it will incorporate the guidelines into its Strategic Highway Safety Plan with a goal of achieving BAC reporting rates as recommended. Minnesota, Mississippi, and New York report that they will strive to comply with the pending NHTSA guidelines. Wyoming reports that it will consider incorporating NHTSA BAC testing and reporting guidelines into its statewide action plan. Safety Recommendation H 12 35 is classified OPEN—ACCEPTABLE RESPONSE for these seven states (HI, KS, KY, MN, MS, NY, and WY).

From: NTSB
To: State of Hawaii
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Hawaii
Date: 5/13/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-11-29 and -39, H-12-34 through -36, H-12-46, and the other open recommendations at the conclusion of that review.

From: State of Hawaii
To: NTSB
Date: 1/31/2013
Response: -From Neil Abercrombie, Governor, State of Hawaii: Hawaii is committed to improving highway safety for its residents and visitors. We have received and reviewed the National Transportation Safety Board's Safety Recommendation H-12-34 through H-12-36. Recommendation H-12-34 urges Hawaii to increase its "collection, documentation, and reporting of blood alcohol concentration (BAC) test results." Additionally, Recommendation H-12-35 provides that once the National Highway Traffic Safety Administration (NHTSA) has developed the BAC testing and reporting guidelines (Safety Recommendation H-12-32); that Hawaii incorporates those guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. The Hawaii Department of Transportation's Highway Safety Staff has established a great working relationship with the four (4) County police departments. Enforcement actions taken against drivers suspected of driving after consuming alcohol who are involved in fatal traffic crashes include the collection of the drivers' BAC data: the drivers that survive the fatal crash or those that are fatally injured. This BAC data is of great importance in Hawaii's efforts to combat "drinking and driving." Starting 2010, all county police departments focused on testing drivers that survived fatal crashes as allowed by State statute. Based on State data in calendar years 2010 and 2011, Hawaii did achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. Further, once the 2012 data is completed and analyzed, it is believed that Hawaii shall again achieve that benchmark. Recommendation H-12-36 requires law enforcement agencies to collect "place of last drink" (POLO) data as part of any arrest or accident investigation involving an alcohol impaired driver. In the past, attempts were made by police officers to collect such data. However, prosecutors within the City and County of Honolulu advised the Honolulu Police Department not to collect POLO data unless the officer first advised that person of their Miranda rights. It was the prosecutor's opinion that the officer would be required to advise such person of their Miranda rights if they attempted to get POLO information since POLO information could possibly be used against that person in a criminal proceeding. Therefore, the State of Hawaii offers the following responses to the recommendations: • H-12-34: The State will continue to work closely with the four (4) County police departments in its efforts to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. Again, please note that based on State of Hawaii data for calendar years 2010 and 2011, Hawaii did achieve BAC reporting rates above the respective rates described in this recommendation. • H-12-35: The State will review NHTSA's BAC testing and reporting guidelines once they have been developed and released to determine, if implemented, they would strengthen Hawaii's collection, documentation, and reporting of BAC test results. • H-12-36: The State will re-examine this matter to determine if prosecutorial issues remain by having police officers collect POLO data as part of any arrest or accident investigation involving an alcohol-impaired driver. If so, a review will be conducted to determine whether other agencies are able to secure POLO data without the problems that police officers are encountering.

From: NTSB
To: State of Idaho
Date: 9/4/2014
Response: Has Idaho taken action to implement this recommendation?

From: NTSB
To: State of Idaho
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Illinois
Date: 9/4/2014
Response: Has Illinois taken action to implement this recommendation?

From: NTSB
To: State of Illinois
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Indiana
Date: 9/4/2014
Response: Has Indiana taken action to implement this recommendation?

From: NTSB
To: State of Indiana
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Iowa
Date: 9/4/2014
Response: Has Iowa taken action to implement this recommendation?

From: NTSB
To: State of Iowa
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Kansas
Date: 9/4/2014
Response: Has Kansas taken any further action to implement this recommendation?

From: NTSB
To: State of Kansas
Date: 9/30/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9 and H-12-34 through -36, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.

From: State of Kansas
To: NTSB
Date: 9/13/2013
Response: -Chris Bortz, Traffic Safety Manager, Kansas Department of Transportation: Since 2009, the state has collected more than 95 percent of the BAC data in fatality crashes. The state will continue these efforts and work towards collecting more BAC data for injury crashes.

From: NTSB
To: State of Kansas
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All the state responses to this recommendation conditioned their implementation on when NHTSA has developed the guidelines. Hawaii reports that it will review NHTSA’s guidelines to determine, if implemented, whether they would strengthen Hawaii’s collection, documentation, and reporting of BAC test results. Kansas reports that it will review NHTSA guidelines and determine what will benefit Kansas in increasing its BAC reporting rates and will incorporate those specific guidelines into a statewide action plan. Kentucky reports that it will incorporate the guidelines into its Strategic Highway Safety Plan with a goal of achieving BAC reporting rates as recommended. Minnesota, Mississippi, and New York report that they will strive to comply with the pending NHTSA guidelines. Wyoming reports that it will consider incorporating NHTSA BAC testing and reporting guidelines into its statewide action plan. Safety Recommendation H 12 35 is classified OPEN—ACCEPTABLE RESPONSE for these seven states (HI, KS, KY, MN, MS, NY, and WY).

From: NTSB
To: State of Kansas
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Kansas
Date: 5/1/2013
Response: We will include these updates in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classification of Safety Recommendations H-11-29 and -39, H-12-34 through -36, H-12-46, and those of the other open recommendations at the conclusion of that review. Thank you for your efforts to promote traffic safety.

From: State of Kansas
To: NTSB
Date: 1/22/2013
Response: -From Mike King, Secretary of Transportation: We understand the importance of accurate HAC data in developing effective countermeasures to the impaired driving problem. Once the National Highway Traffic Safety Administration has completed development on the BAC testing and reporting guidelines, we will review and determine what we believe will benefit Kansas in increasing BAC reporting rates, and will incorporate those specific guidelines into a statewide action plan.

From: Commonwealth of Kentucky
To: NTSB
Date: 12/3/2014
Response: -From Michael W. Hancock, P.E., Secretary, Transportation Cabinet, Commonwealth of Kentucky: We are in the process of updating our Strategic Highway Safety Plan and can include a goal of 80% BAC reporting for fatal impaired drivers and 60% reporting of surviving impaired drivers.

From: NTSB
To: Commonwealth of Kentucky
Date: 9/4/2014
Response: Has the plan been updated? What further actions have been taken to implement this recommendation?

From: NTSB
To: Commonwealth of Kentucky
Date: 9/30/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -8 and -10, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.

From: Commonwealth of Kentucky
To: NTSB
Date: 9/17/2013
Response: -Michael W. Hancock, P.E., Secretary: KOHS will follow-up on these recommendations and consider including some or all of these in our SHSP.

From: NTSB
To: Commonwealth of Kentucky
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All the state responses to this recommendation conditioned their implementation on when NHTSA has developed the guidelines. Hawaii reports that it will review NHTSA’s guidelines to determine, if implemented, whether they would strengthen Hawaii’s collection, documentation, and reporting of BAC test results. Kansas reports that it will review NHTSA guidelines and determine what will benefit Kansas in increasing its BAC reporting rates and will incorporate those specific guidelines into a statewide action plan. Kentucky reports that it will incorporate the guidelines into its Strategic Highway Safety Plan with a goal of achieving BAC reporting rates as recommended. Minnesota, Mississippi, and New York report that they will strive to comply with the pending NHTSA guidelines. Wyoming reports that it will consider incorporating NHTSA BAC testing and reporting guidelines into its statewide action plan. Safety Recommendation H 12 35 is classified OPEN—ACCEPTABLE RESPONSE for these seven states (HI, KS, KY, MN, MS, NY, and WY).

From: NTSB
To: Commonwealth of Kentucky
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: Commonwealth of Kentucky
Date: 5/8/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-12-34 through -36, H-12-45, and the other open recommendations at the conclusion of that review. Thank you for your efforts to promote traffic safety.

From: Commonwealth of Kentucky
To: NTSB
Date: 2/11/2013
Response: -From Michael W. Hancock, P.E., Secretary: This letter is our response to your request to provide actions Kentucky has taken or intends to take to implement the National Transportation Safety Board recommendations to the states. Your letter indicates that "Addressing Alcohol-Impaired Driving" is on the NTSB's Most Wanted List as well as your concern with the increasing problem of drug use by drivers. The following actions have been taken to address the issue of both alcohol-impaired and drug impaired driving throughout the Commonwealth of Kentucky: • The Kentucky Office of Highway Safety (KOHS) annually provides federal funding from the National Highway Traffic Safety Administration (NHTSA) to state and local law enforcement to address the issue of both alcohol and drug-impaired driving. These funds pay for increased enforcement by state and local law enforcement agencies throughout the Commonwealth, along with equipment to aid officers in those enforcement efforts. Preliminary data indicates that there were 126 alcohol-impaired driving fatalities in 2012. This represents a decrease of 29% from the 2008-2010 calendar base year average of 177. • The KOHS coordinates two major enforcement mobilizations that consist of two-weeks of saturation patrols, checkpoints and media focused on impaired driving in conjunction with the national "Drive Sober or Get Pulled Over" mobilization in December and again in August. In 2012, there were approximately 3,000 drivers arrested for DDI and 2,500 drug arrests during this four-week period. • The KOHS provides federal funding to the Department of Criminal Justice Training (DOCJT) Center to train law enforcement officers in Advanced Roadside Impaired Driving Enforcement (ARIDE) courses as well as Drug Evaluation and Certification (DRE) courses. As of January 25, 2013, there were 78 active DRE officers, 13 DRE Instructors and almost 500 law enforcement officers trained in ARIDE. • This partnership with DOCJT also includes a Drug Impairment Training for Education Professionals (DITEP) that will provide training to SO teachers and school administrators in the Franklin County School District. This is a new training opportunity for Kentucky teachers to learn about drug impairment. DREs will use this DITEP training in other communities throughout the state. • The KOHS partners with the Office of the Attorney General to provide an experienced attorney to act as the Traffic Safety Resource Prosecutor (TSRP). This attorney prepares written material, conducts seminars and provides legal assistance to Kentucky's prosecutors along with state and local law enforcement officers in areas related to impaired driving and traffic safety. • The KOHS conducts educational programs throughout the Commonwealth at high schools and colleges/universities educating youth about the dangers of impaired driving. Twenty-five 3D (drinking/driving/drugs) simulator programs were conducted in 2012. • In December 2012, Governor Steve Beshear proclaimed Kentucky is now a HERO state (www.herocampaign.org), in which several agencies and associations will be partnering to promote designated drivers. Partners include the KOHS, Kentucky State Police (KSP), Kentucky Malt Beverage Association, Alcohol and Beverage Control, Kentucky Restaurant Association, and several other organizations. The KOHS has met with personnel of the State Medical Examiner's office to discuss establishing standard practices for coroners and medical examiners to follow in testing fatally injured drivers. They plan to move forward in submitting a proposal for a new software program for Federal Fiscal Year 2014, which will begin October 1, 2013, and run through September 30, 2014. The lack of standard practices for drug toxicology testing has been an area in desperate need of attention for some time. As stated, no guidelines or regulations have been forthcoming to help with: (1) standardized testing, (2) educating analysts as to what drugs are of importance and (3) methods for which these drugs might be identified. After discussion with the KSP Central Laboratory, we agree that NHTSA guidelines should describe the drugs based on real impairment potential, state guidelines for what is a meaningful level of detection, and methods that might help to standardize identification of these drugs. Kentucky has a dram shop law pursuant to KRS 413.241 Legislative finding; limitation on liability of licensed sellers or servers of intoxicating beverages; liability of intoxicated person. (1) The Kentucky General Assembly finds and declares that the consumption of intoxicating beverages, rather than the serving, furnishing, or sale of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or another person. (2) Any other law to the contrary notwithstanding, no person holding a permit under KRS 242.030, 243.040, 243.050, nor any agent, servant, or employee of the person, who sells or serves intoxicating beverages to a person over the age for the lawful purchase thereof, shall be liable to that person or to any other person or to the estate, successors, or survivors of either for any injury suffered off the premises including but not limited to wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served, unless a reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of serving. (3) The intoxicated person shall be primarily liable with respect to injuries suffered by third persons. (4) The limitation of liability provided by this section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol. Recording the place of last drink data (H-12-36) would require legislation to make it mandatory, and then all citations, CRASH documents, etc. would have to be modified to have a field to report this information. Once the National Highway traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, we will make every effort to incorporate the guidelines into our Strategic Highway Safety Plan (SHSP) with a goal of achieving BAC reporting rates of 80 percent of fatally injured drivers and at least 60 percent of drivers who survived fatal crashes.

From: NTSB
To: State of Louisiana
Date: 9/4/2014
Response: Has Louisiana taken action to implement this recommendation?

From: NTSB
To: State of Louisiana
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: State of Maryland
To: NTSB
Date: 11/25/2014
Response: -From Kathleen Graham, Safety Program Section Chief, Maryland Motor Vehicle Administration: Maryland law dictates that anyone involved in a "life threatening injury or death" crash is required to give a sample of blood when "reasonable grounds" exist to believe the driver is impaired or under the influence of drugs or alcohol or both.

From: State of Maryland
To: NTSB
Date: 11/25/2014
Response: -From Kathleen Graham, Safety Program Section Chief, Maryland Motor Vehicle Administration: No additional statute or legislation has been undertaken to collect POLD, but Maryland's electronic ticketing system allows for this data to be collected, and Maryland State Police is now asking drivers for this information.

From: NTSB
To: State of Maryland
Date: 9/4/2014
Response: What further actions have been taken or planned to implement this recommendation?

From: NTSB
To: State of Maryland
Date: 9/3/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9 and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.

From: State of Maryland
To: NTSB
Date: 7/10/2013
Response: -From James T. Smith, Jr., Secretary, Maryland Department of Transportation: With regard to recommendations H-12-34 through 36 and H-12-45, Maryland had the pleasure of detailing its position about each of these recommendations in letters dated January 22, 2013 and February 7, 2013 (enclosed). We have no further details to add at this time. As indicated, the MHSO and its SHSP Impaired Driving Emphasis Area Team will continue to evaluate its overall impaired driving statutory and regulatory schemes, policies, processes, and programs to ensure that Maryland continues to be a leader in the area of eliminating impaired driving and striving to meet the recommendations recommended by our national partners

From: NTSB
To: State of Maryland
Date: 6/17/2013
Response: -From Darrell B. Mobley, Acting Secretary: Thank you for your letter regarding Maryland's compliance with the National Transportation Safety Board (NTSB) Safety Recommendations H-11-29, H-11-39, H-12-34, H-12-35, H-12-36, and H-12-46. I appreciate the opportunity to respond to your correspondence. Maryland is looking forward to reviewing NTSB' s compilation and classification of its responses to the array of safety recommendations listed above. The vision and partnership provided by the NTSB to the states is valuable. We welcome ideas and solutions to move Maryland Toward Zero Deaths on our roadways. Thank you, again, for your letter. The Governor appreciates hearing from you and, on his behalf, I also thank you for sharing your concerns. If you have any additional questions or concerns, please do not hesitate to contact Mr. Thomas Gianni, Director, Maryland Highway Safety Office (MHSO), MVA.

From: NTSB
To: State of Maryland
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Maryland
Date: 5/8/2013
Response: We will include all the updates listed above in a comprehensive review of all open safety recommendations that have been issued to your state. Following our review, we will advise you of the classifications of Safety Recommendations H-11-29 and -39, H-12-34 through -36, H 12 46, and the other open recommendations. Thank you for your efforts to promote traffic safety.

From: State of Maryland
To: NTSB
Date: 1/22/2013
Response: -From Thomas J. Gianni, Chief, Maryland Highway Safety Office: Thank you for your letter regarding Maryland's compliance with the National Transportation Safety Board (NTSB) Safety Recommendations H-12-34, H-12-35, and H-12-36 relative to "reaching zero" accidents from substance-impaired driving. The Governor has received your letter and asked me to respond on his behalf. In October 2008, the Governor's Task Force to Combat Driving Under the Influence of Drugs and Alcohol finalized and submitted a comprehensive Findings and Recommendations Report to Governor Martin O'Malley. The report identified seven major categories and 42 total recommendations. The recommendations were based on an in-depth review of Maryland's efforts to combat impaired driving. Several of the recommendations directly addressed the recommendations presented by the NTSB and will be useful in describing Maryland's continued commitment to strengthening its laws, policies and practices for its impaired driving program. The H-12-34 Recommendation asks thatthe 45 states, the Commonwealth of Puerto Rico, and the District of Columbia, which have low reporting rates for blood alcohol concentration (BAC) testing, concentrate on improved testing and reporting rates via the enactment of legislation, issuance of regulations, and improvement of procedures used by law enforcement and testing facilities. Maryland's current testing requirements under the law states the following: • A police officer who stops or detains any person who the officer has reasonable grounds to believe is or has been driving or attempting to drive while under the influence of or while impaired by alcohol and/or drugs, etc. shall request that the person permit a test to be taken. (§ 16-205.1(b)(2)) • Any person who was involved in a motor vehicle accident resulting in death or life threatening injury to another, and who is detained by a police officer, where the officer has reasonable grounds to believe that the person has been driving or attempting to drive while under the influence of or while impaired by alcohol and/or drugs, etc. shall be required to submit to a test. (§ 16-205.1(c)) • Where a person, for whom a police officer has reasonable grounds to believe ... , is unconscious or otherwise incapable of refusing to take a test, the police officer shalL if a test would not jeopardize the health or well-being of the person, direct a qualified medical person to withdraw blood for a test. (§ 16-205.1(d)) The MHSO and its SHSP Impaired Driving Emphasis Area Team will continue to evaluate its overall impaired driving statutory and regulatory schemes, policies, processes and programs to ensure that Maryland continues to be a leader in the area of impaired driving. Thank you, again, for your letter. The Governor appreciates hearing from you, and, on his behalf, I also thank you for sharing these recommendations with us. In order to work "Toward Zero Deaths" in Maryland and nationally, we must be open to new and innovative approaches. We look forward to continued progress in the area of impaired driving prevention. If you should have any additional questions or concerns, please do not hesitate to contact Ms. Liza Aguila-Lemaster, Chief, Safety Programs Section/Impaired Driving Program Coordinator, MHSO, Maryland MVA.

From: State of Michigan
To: NTSB
Date: 12/3/2014
Response: -From Michael Prince, Michigan Office of Highway Safety Planning: Michigan State Police Criminal Justice Information Center (CJIC) staff has identified a point of contact at each law enforcement agency to assist with secure missing BAC results. Michigan also developed an ‘Alcohol and Drug Reporting on Fatal Crashes’ reference guide to provide instructions on correctly reporting BAC results. A supplemental training webinar was also developed entitled ‘FARS – Alcohol and Drug Reporting’. Michigan’s 2012 BAC reporting rates are 62.05% for ALL drivers; 74.68% for deceased drivers and 50.99% for living drivers involved in fatal crashes.

From: NTSB
To: State of Michigan
Date: 9/4/2014
Response: Has Michigan taken any further action to address this recommendation?

From: NTSB
To: State of Michigan
Date: 9/18/2013
Response: -From Col. Kristie Kibbey Etue, Director, State of Michigan, Department of State Police, Lansing, Michigan: Michigan Jaw only requires a BAC test for deceased drivers in fatal crashes. There is currently no legislative proposal to mandate BAC testing for all drivers in fatal crashes. The MSP CJJC collects all traffic crash report forms and also houses the FARS. While not required under State law, MSP attempts to obtain BAC test results for all drivers in fatal crashes by contacting law enforcement agencies, hospitals, and medical examiners to request voluntary reporting. Once NHTSA BAC testing and reporting guidelines are finalized, they will be reviewed and taken into consideration in future development of public policies and regulations.

From: State of Michigan
To: NTSB
Date: 8/26/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -8, and -10, and H-12-34 through 36, and -45, as well as any other open recommendations, at the conclusion of our review.

From: NTSB
To: State of Michigan
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: State of Minnesota
To: NTSB
Date: 11/7/2014
Response: -From Donna Berger, Director, Office of Traffic Safety, Governor’s Highway Safety Representative: Minnesota continues to work toward meeting the BAC testing and reporting guidelines; in 2013, 85% of the drivers who died but only 26% of the surviving drivers were tested.

From: NTSB
To: State of Minnesota
Date: 9/4/2014
Response: Has Minnesota taken any further action to address this recommendation?

From: NTSB
To: State of Minnesota
Date: 9/30/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.

From: State of Minnesota
To: NTSB
Date: 8/21/2013
Response: -From Ramona L. Dohman, Commissioner: Minnesota does have a law that requires testing the person that died in a fatal crash; however, it is not required if a person dies after four hours of a crash. Currently, 90 percent of drivers who die are tested for alcohol and drugs and 35 percent of surviving drivers are tested. Minnesota will continue to strive to achieve a higher percentage of testing.

From: NTSB
To: State of Minnesota
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All the state responses to this recommendation conditioned their implementation on when NHTSA has developed the guidelines. Hawaii reports that it will review NHTSA’s guidelines to determine, if implemented, whether they would strengthen Hawaii’s collection, documentation, and reporting of BAC test results. Kansas reports that it will review NHTSA guidelines and determine what will benefit Kansas in increasing its BAC reporting rates and will incorporate those specific guidelines into a statewide action plan. Kentucky reports that it will incorporate the guidelines into its Strategic Highway Safety Plan with a goal of achieving BAC reporting rates as recommended. Minnesota, Mississippi, and New York report that they will strive to comply with the pending NHTSA guidelines. Wyoming reports that it will consider incorporating NHTSA BAC testing and reporting guidelines into its statewide action plan. Safety Recommendation H 12 35 is classified OPEN—ACCEPTABLE RESPONSE for these seven states (HI, KS, KY, MN, MS, NY, and WY).

From: NTSB
To: State of Minnesota
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: NTSB
To: State of Minnesota
Date: 5/2/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-11-39, H-12-34 through -36, H-12-45 and -46, and the other open recommendations at the conclusion of that review. Thank you for your efforts to promote traffic safety.

From: State of Minnesota
To: NTSB
Date: 1/30/2013
Response: -From Ramona L. Dohman, Commissioner: Minnesota is committed to reducing impaired driving fatalities and severe injuries and continues to seek out proven strategies that will assist in achieving our goal of zero deaths. We are pleased to respond to the NTSB recommendations for improvement of our impaired driving program indicated in the letter dated November 21, 2012, reference number H-12-34 through -36. BAC Reporting Rates To be effective in developing a strong impaired driving program it is important to identify the problem. That can only be done by testing those involved in a fatal crash for alcohol and drugs. Minnesota does have a law that requires testing the person that died in a fatal crash; however, it is not required for surviving drivers in the crash. Currently, 90.5 percent of fatal drivers are tested for alcohol and drugs and 60.4 percent of surviving drivers are tested. While this percentage is above the goals recommended by the National Transportation Safety Board, Minnesota will continue to strive to achieve a higher percentage of testing. Standardized Practices for Drug Toxicology Testing The Minnesota Bureau of Criminal Apprehension (BCA) Laboratory has participated in National Highway Traffic Safety Administration (NHTSA) surveys regarding our state's toxicology testing abilities and will continue to respond to requests for information. When NHTSA compiles their recommendations based on their investigation, the BCA Laboratory will strive to comply as far as resources allow. Currently the lab does test for all Scheduled compounds that were addressed in the NHTSA survey. Minnesota's lab cannot test for the new synthetic compounds but is actively working toward this goal. Because of the continued evolution of synthetic drugs, it is impossible to have a testing repertoire that can completely cover everything; however, the intent is to stay as current as possible with new drug trends. Identifying Place of last Drink There are locations in Minnesota that do obtain information regarding where the person that was arrested for DWI had their last drink. Depending on the community, this information is collected by the judge or law enforcement. The information is later used by the community to target their education and enforcement programs. Minnesota feels strongly that to be effective, it is not only important to collect the place of last drink (POLD); a community needs to agree to use the information to develop programs that will reduce excessive drinking in that location. Minnesota will continue to encourage communities to develop POLD programs. Thank you for providing an opportunity to respond to these recommendations. We appreciate your thoughtful consideration of programs that will help reduce impaired driving fatalities.

From: NTSB
To: State of Mississippi
Date: 9/4/2014
Response: Has Mississippi taken any further action to address this recommendation?

From: NTSB
To: State of Mississippi
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: All the state responses to this recommendation conditioned their implementation on when NHTSA has developed the guidelines. Hawaii reports that it will review NHTSA’s guidelines to determine, if implemented, whether they would strengthen Hawaii’s collection, documentation, and reporting of BAC test results. Kansas reports that it will review NHTSA guidelines and determine what will benefit Kansas in increasing its BAC reporting rates and will incorporate those specific guidelines into a statewide action plan. Kentucky reports that it will incorporate the guidelines into its Strategic Highway Safety Plan with a goal of achieving BAC reporting rates as recommended. Minnesota, Mississippi, and New York report that they will strive to comply with the pending NHTSA guidelines. Wyoming reports that it will consider incorporating NHTSA BAC testing and reporting guidelines into its statewide action plan. Safety Recommendation H 12 35 is classified OPEN—ACCEPTABLE RESPONSE for these seven states (HI, KS, KY, MN, MS, NY, and WY).

From: NTSB
To: State of Mississippi
Date: 6/27/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-12-34 through -36 and the other open recommendations at the conclusion of that review.

From: NTSB
To: State of Mississippi
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: State of Mississippi
To: NTSB
Date: 2/14/2013
Response: -From Beth Garvin Loflin, Planner, Mississippi Governor’s Office of Highway Safety, Department of Public Safety Planning: Response: Mississippi will comply with any and all state and federal guidelines that are recommended. Mississippi Code of 1972, As Amended: SEC. 63-11-30. Operation of vehicle while under influence of intoxicating liquor, drugs or controlled substances, or other substances impairing ability to operate vehicle or with blood alcohol concentrations above specified levels; penalties generally; granting of hardship driving privileges; penalties for violations resulting in death, disfigurement, etc., of another; penalties for multiple offenses; concurrent running of suspensions. (1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; ( c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle. (2) (a) Except as otherwise provided in subsection (3), upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63- 11-5 were given, or where chemical test results are not available, such person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jailor both; and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail. In addition, the Department of Public Safety, the Commissioner of Public Safety or his duly authorized agent shall, after conviction and upon receipt of the court abstract, suspend the driver's license and driving privileges of such person for a period of not less than ninety (90) days and until such person attends and successfully completes an alcohol safety education program as herein provided; provided, however, in no event shall such period of suspension exceed one (1) year. Commercial driving privileges shall be suspended as provided in Section 63-1-83. The circuit court having jurisdiction in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30 (2)(a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions. The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension. The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63•11•32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner. At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to: (i) Continue his employment; (ii) Continue attending school or an educational institution; or (iii) Obtain necessary medical care. Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation. (b) Except as otherwise provided in subsection (3), upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than one (1) year and sentenced to community service work for not less than ten (10) days nor more than one (1) year. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. Except as may otherwise be provided by paragraph (d) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for two (2) years. Suspension of a commercial driver's license shall be governed by Section 63•1•83. Upon any second conviction as described in this paragraph, the court shall ascertain whether the defendant is married, and if the defendant is married shall obtain the name and address of the defendant's spouse; the clerk of the court shall submit this information to the Department of Public Safety. Further, the commissioner shall notify in writing, by certified mail, return receipt requested, the owner of the vehicle and the spouse, if any, of the person convicted of the second violation of the possibility of forfeiture of the vehicle if such person is convicted of a third violation of subsection (I) of this section. The owner of the vehicle and the spouse shall be considered notified under this paragraph if the notice is deposited in the United States mail and any claim that the notice was not in fact received by the addressee shall not affect a subsequent forfeiture proceeding. For any second or subsequent conviction of any person under this section, the person shall also be subject to the penalties set forth in Section 63•11•31. (c) Except as otherwise provided in subsection (3), for any third or subsequent conviction of any person violating subsection (I) of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), shall serve not less than one (I) year nor more than five (5) years in the custody of the Department of Corrections; provided, however, that for any such offense which does not result in serious injury or death to any person, any sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. The law enforcement agency shall seize the vehicle operated by any person charged with a third or subsequent violation of subsection (1) of this section, if such convicted person was driving the vehicle at the time the offense was committed. Such vehicle may be forfeited in the manner provided by Sections 63-11-49 through 63-11-53. Except as may otherwise be provided by paragraph (e) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for five (5) years. The suspension of a commercial driver's license shall be governed by Section 63-1-83. (d) Except as otherwise provided in subsection (3), any person convicted of a second violation of subsection (I) of this section shall receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall successfully complete treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of one (I) year after such person's driver's license is suspended. Each person who receives a diagnostic assessment shall pay a fee representing the cost of such assessment. Each person who participates in a treatment program shall pay a fee representing the cost of such treatment. (e) Except as otherwise provided in subsection (3), any person convicted of a third or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall enter an alcohol and/or drug abuse program approved by the Department of Mental Health for treatment of such person's alcohol and/or drug abuse problem. If such person successfully completes such treatment, such person shall be eligible for reinstatement of his driving privileges after a period of three (3) years after such person's driver's license is suspended. (f) The Department of Public Safety shall promulgate rules and regulations for the use of interlock ignition devices as provided in Section 63-11-31 and consistent with the provisions therein. Such rules and regulations shall provide for the calibration of such devices and shall provide that the cost of the use of such systems shall be borne by the offender. The Department of Public Safety shall approve which vendors of such devices shall be used to furnish such systems. (3) (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If such person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply. (b) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, such person shall have his driver's license suspended for ninety (90) days and shall be fined Two Hundred Fifty Dollars ($250.00); and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may also require attendance at a victim impact panel. The * * * court * * * in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2)(a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-1 1-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions. The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension. The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner. At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to: (i) Continue his employment; (ii) Continue attending school or an educational institution; or (iii) Obtain necessary medical care. Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation. (c) Upon any second conviction of any person under the age of twenty-one (21) years violating subsection (I) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than Five Hundred Dollars ($500.00) and shall have his driver's license suspended for one (1) year. (d) For any third or subsequent conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than One Thousand Dollars ($1,000.00) and shall have his driver's license suspended until he reaches the age of twenty-one (21) or for two (2) years, whichever is longer. (e) Any person under the age of twenty-one (21) years convicted of a second violation of subsection (1) of this section, may have the period that his driver's license is suspended reduced if such person receives an in-depth diagnostic assessment, and as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem and successfully completes treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of six (6) months after such person's driver's license is suspended. Each person who receives a diagnostic assessment shall pay a fee representing the cost of such assessment. Each person who participates in a treatment program shall pay a fee representing the cost of such treatment. (f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (I) of this section shall complete treatment of an alcohol and/or drug abuse program at a site certified by the Department of Mental Health. (g) The court shall have the discretion to rule that a first offense of this subsection by a person under the age of twenty-one (21) years shall be nonadjudicated. Such person shall be eligible for nonadjudication only once. The Department of Public Safety shall maintain a confidential registry of all cases which are nonadjudicated as provided in this paragraph. A judge who rules that a case is nonadjudicated shall forward such ruling to the Department of Public Safety. Judges and prosecutors involved in implied consent violations shall have access to the confidential registry for the purpose of determining nonadjudication eligibility. A record of a person who has been nonadjudicated shall be maintained for five (5) years or until such person reaches the age of twenty-one (21) years. Any person whose confidential record has been disclosed in violation of this paragraph shall have a civil cause of action against the person and/or agency responsible for such disclosure. (4) In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of his breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of such test in any prosecution, shall suffer an additional suspension of driving privileges as follows: The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or permit to drive or deny the issuance of a license or permit to such person as provided for first, second and third or subsequent offenders in subsection (2) of this section. Such suspension shall be in addition to any suspension imposed pursuant to subsection (1) of Section 63-11-23. The minimum suspension imposed under this subsection shall not be reduced and no prosecutor is authorized to offer a reduction of such suspension as part of a plea bargain. (5) Every person who operates any motor vehicle in violation of the provisions of subsection (I) of this section and who in a negligent marmer causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each such death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each such death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest. (6) Upon conviction of any violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The judge shall cause a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction, to be sent to the Commissioner of Public Safety. A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section. (7) Convictions in other states of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring after July I, 1992, shall be counted for the purposes of determining if a violation of subsection (I) of this section is a first, second, third or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section. (8) For the purposes of determining how to impose the sentence for a second, third or subsequent conviction under this section, the indictment shall not be required to enumerate previous convictions. It shall only be necessary that the indictment state the number oftimes that the defendant has been convicted and sentenced within the past five (5) years under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third or subsequent offense of this section. (9) Any person under the legal age to obtain a license to operate a motor vehicle convicted under this section shall not be eligible to receive such license until the person reaches the age of eighteen (18) years. (10) Suspension of driving privileges for any person convicted of violations of Section 63-11-30( I) shall run consecutively. (11) The court may order the use of any ignition interlock device as provided in Section 63-11-31. SOURCES: Laws, 1981, ch. 491 , Sec. 6; 1983, ch. 466, Secs. 7, 13 ; 1989, ch. 565, Sec. I; 1991, ch. 480, Sec. 6; 1992, ch. 500, Sec. I; 1994, ch. 340, Sec. 4; 1995, ch. 540, Sec. I; 1996, ch. 527, Sec. II, efffrom and after July 2, 1996; Laws, 1998, Ch. 505, § 2, HB 990, eff July I, 1998. Amended by Laws 2000, Ch. 542, Sec. 3, HB878; Laws, 2002, ch. 367, § I, SB 2848; Laws, 2004, ch. 503, § I, HB 96, eff

From: State of Missouri
To: NTSB
Date: 11/17/2014
Response: -Leanna Depue, Highway Safety Director, MoDOT Traffic and Highway Safety: According to Missouri statistics for 2013 fatal motor vehicle crashes, 83% (436) of the drivers killed (523) were tested and the results were forwarded to the MO FARS. Of the surviving drivers (469) involved in fatal crashes, 61% (286) were tested and the results were forwarded to the MO FARS. Every year the staff with the Missouri State Highway Patrol, FARS section participates in the annual Missouri coroner/medical examiner conferences and/or exhibit. Specimen kits are provided to the medical examiners and coroners in order to obtain samples

From: NTSB
To: State of Missouri
Date: 9/4/2014
Response: Has Missouri taken action to implement this recommendation?

From: NTSB
To: State of Missouri
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: Commonwealth of Massachusetts
To: NTSB
Date: 3/24/2015
Response: -From Krystian Boreyko, Program Coordinator, Highway Safety Division, Office of Grants and Research, Executive Office of Public Safety and Security: Has Massachusetts take action to implement this recommendation? In September 2010, the Highway Safety Division (HSD) received a grant from NHTSA to increase BAC reporting. With this funding, HSD worked with the Registry of Motor Vehicles to add impaired driving elements to the crash report. HSD also provided funding to the Municipal Police Training Committee to develop a curriculum to train law enforcement on the updates to the crash report form and to explain the importance of BAC reporting.

From: NTSB
To: Commonwealth of Massachusetts
Date: 9/4/2014
Response: Has Massachusetts take action to implement this recommendation?

From: NTSB
To: Commonwealth of Massachusetts
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the District of Columbia: H-12-34 Increase your collection, documentation, and reporting of blood alcohol concentration (BAC) test results by taking the following actions, as needed, to improve testing and reporting rates: (1) enact legislation, (2) issue regulations, and (3) improve procedures used by law enforcement agencies or testing facilities. H-12-35 Once the National Highway Traffic Safety Administration has developed the blood alcohol concentration (BAC) testing and reporting guidelines recommended in Safety Recommendation H-12-32, incorporate the guidelines into a statewide action plan to achieve BAC reporting rates of at least 80 percent of fatally injured drivers and at least 60 percent of surviving drivers involved in fatal crashes. To the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia, the NTSB recommended the following action: H-12-36 Require law enforcement agencies to collect place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. To the International Association of Chiefs of Police and the National Sheriffs’ Association, the NTSB recommended the following action: H-12-37 Inform your members of the value of collecting place of last drink (POLD) data as part of any arrest or accident investigation involving an alcohol-impaired driver. Safety Recommendations H-12-32 and -33 are in “Open—Acceptable Response” status, and Safety Recommendations H-12-34 through -36 are in “Open—Await Response” status. Safety Recommendation H-12-37 is in “Open—Acceptable Response” status to the International Association of Chiefs of Police and in “Open—Await Response” status to the National Sheriffs’ Association. Because the NTSB continues to consider that improvements to BAC testing and reporting following accidents, common standards for postaccident drug tests, and better tracking of POLD data are necessary, it reiterates Safety Recommendations H-12-32 through -37. In December 2012, the NTSB held a Board Meeting on wrong-way driving collisions, during which the Board called on NHTSA and the Automotive Coalition for Traffic Safety, Inc., (ACTS)19 to accelerate implementation of the Driver Alcohol Detection System for Safety (DADSS). DADSS refers to passive vehicle-based systems that would identify driver alcohol use by touch or by measuring a driver’s exhaled breath; they then would prevent vehicle operation by drivers above the legal limit (NTSB 2012c, wrong-way report). Specifically, the NTSB recommended that NHTSA take the following action: H-12-43 Work with the Automotive Coalition for Traffic Safety, Inc., to accelerate widespread implementation of Driver Alcohol Detection System for Safety (DADSS) technology by (1) defining usability testing that will guide driver interface design and (2) implementing a communication program that will direct driver education and promote public acceptance. The NTSB also recommended that the 33 states that do not mandate the use of interlocks for all DWI offenders, the Commonwealth of Puerto Rico, and the District of Columbia take the following action: H-12-45 Enact laws to require the use of alcohol ignition interlock devices for all individuals convicted of driving while intoxicated (DWI) offenses. Chapter 5 discusses these recommendations concerning technologies that prevent a person from driving a vehicle while impaired.

From: State of Nevada
To: NTSB
Date: 12/29/2014
Response: -From Traci Pearl, Highway Safety Coordinator: Yes, Nevada has taken action to implement this recommendation. ALL drivers involved in a fatal crash are now tested. Nevada also has a statewide Impaired Driving Strategic Plan, as required by MAP-21 Legislation.

From: NTSB
To: State of Nevada
Date: 9/4/2014
Response: Has Nevada taken action to implement this recommendation?

From: NTSB
To: State of Nevada
Date: 6/3/2013
Response: From the safety report Reaching Zero: Actions to Eliminate Alcohol Impaired Driving (NTSB/SR-13/01, adopted May 13, 2013, notation 8482): Since the 2012 forum, the NTSB has taken additional steps to address the problem of impaired driving. In November 2012, the NTSB identified eliminating substance-impaired driving as one of 10 transportation safety areas on its Most Wanted List. By expanding the safety area from alcohol-impaired driving to substance-impaired driving, the NTSB recognized the need to address the growing problem of drug-impaired driving, of which alcohol-impaired driving is a substantial component. Although this report is focused on reducing alcohol-impaired driving, the NTSB has made numerous recommendations to address drug-impaired driving, and it continues to seek means of addressing this problem. Also in November 2012, as one outcome of the May 2012 forum, the NTSB made six recommendations calling for improvements to BAC testing and reporting in crashes, common standards for postcrash drug tests, and better tracking of place of last drink (POLD) data (NTSB 2012a, standalone recommendation letter). These recommendations recognize the criticality of obtaining robust data to determine the scope of safety issues, track changes over time, and assess the effectiveness of countermeasures. Specifically, the NTSB recommended that NHTSA take the following actions: H-12-32 Develop and disseminate to the 50 states, the Commonwealth of Puerto Rico, and the District of Columbia blood alcohol concentration (BAC) testing and reporting guidelines based on the 2012 report State Blood Alcohol Concentration Testing and Reporting for Drivers Involved in Fatal Crashes: Current Practices, Results, and Strategies, 1997–2009. H-12-33 Develop and disseminate to appropriate state officials a common standard of practice for drug toxicology testing, including (1) the circumstances under which tests should be conducted, (2) a minimum set of drugs for which to test, and (3) cutoff values for reporting the results. The NTSB also made the following recommendations to the 45 states that have low reporting rates for BAC testing,18 the Commonwealth of Puerto Rico, and the