Analysis of BAC Testing and Reporting in Texas

ANALYSIS OF BAC TESTING AND REPORTING IN TEXAS

Becky T. Davies

Safety and Structural Systems Division Texas Transportation Institute

Texas A&M University System

This report was prepared in cooperation with the Texas Department of Transportation (TxDOT)

and the National Highway Traffic Safety Administration

August 1999 FINAL REPORT

DISCLAIMER

The conclusions and opinions expressed in this document are those of the author, and

do not necessarily represent those of the State of Texas, the Texas Department of

Transportation (TxDOT) or any political subdivision of the State or Federal government.

ii

ACKNOWLEDGEMENTS

The author wishes to acknowledge the cooperation and assistance of the Medical

Examiners and Toxicologists in Texas:

Dr. Jeffrey Barnard Dr. Roberto J. Bayardo Dr. Joye M. Carter Dr. Juan U. Contin Dr. James C. Garriott Dr. W. E. Komdorfer Dr. Ashraf Mozayani Dr. Gary P. Ozier Dr. Nizam Peerwani Dr. A. L. Raines Dr. William Rohr Dr. Lloyd White

In addition, the following individuals greatly facilitated the data collection activities for

the study: Mr. Michael Floyd , Ms. Jill Bridges, Ms. Debbie Burleson, Ms. Darlene Dunn,

Ms. Jo Forbus, Mr. Bill Lene, Ms. Rosemarie Mueller, Ms. Irene Santiago, Ms. Gloria Ray,

Ms. Brenda Utter, and Ms. Dee Whites. Without the cooperation of these individuals, the

study would not have been possible. Their help is sincerely appreciated.

111

TABLE OF CONTENTS

Page

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

METHODOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

RESULTS .................................................... 5

Comparison of BAC Testing and Reporting for 1993, 1995 and 1997 .......... 5

Detailed Analysis of BAC Test Result Status for 1997 . . . . . . . . . . . . . . . . . . . 17 BAC Test Result Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Age Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Law Enforcement Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Contributing Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

"Results Unknown" and "No Test/Test Refused" ....................... 25

"Results Undetermined" ...................................... 26

CONCLUSIONS AND RECOMMENDATIONS ........................... 30

REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

iv

LIST OF TABLES

1 Status of BAC Test Results in the DPS Database for 1993, 1995 and 1997 ........................................ 5

2 Status of BAC Test Results for Each County in 1993, 1995 and 1997 .......... 7

3 Status of BAC Test Results in DPS Database (1997) .................... 17

4 Status of BAC Results for Drivers Who Were Tested For Drugs Other than Alcohol (1997) ............................ 18

5 Driver Fatalities by Age Group and BAC Test Status (1997) ............... 19

6 Driver Fatalities Investigated by Each Law Enforcement Agency in 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

7 BAC Test Status by Law Enforcement Agency (1997) ................... 21

8 Law Enforcement Officers' Assessment of Factors Contributing to the Crash (1997) ............................... 22

9 BAC Test Status for Drivers Fatally Injured in Crashes Wherein "DWI" was Cited as a Contributing Factor to the Crash . . . . . . . . . . . . . . . . . 22

10 BAC Test Status for Drivers Fatally Injured in Crashes Wherein "Driving Under the Influence of Drugs" was Cited as a Contributing Factor to the Crash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

11 BAC Test Status for Drivers Fatally Injured in Crashes Wherein "None Applies" was Cited as a Contributing Factor to the Crash . . . . . . . . . . . . 24

12 BAC Test Status for Drivers Fatally Injured in Crashes Wherein "Other" was Cited as a Contributing Factor to the Crash . . . . . . . . . . . . . . . . . 24

13 Status of Cases with "Missing Results" in the DPS Database After Review of Medical Examiner Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

14 Number of Fatalities in Each Age Group for Which "Results Unknown" Appears in DPS Database and BAC Test Results Remain Undetermined ....... 26

v

LIST OF TABLES - Cont.

Table Page

15 Type of Specimen Taken and Disposition of the Deceased for Whom "Results Unknown" Appears in DPS Database and BAC Test Results Remain Undetermined ................................. 27

16 Number of Fatalities in Each Age Group for Which "No Test/Test Refused" Appears in DPS Database and Results Remain Undetermined ....... 28

17 Disposition of the Deceased for Whom "No Test/Refused" Appears in DPS Database and BAC Test Results Remain Undetermined ............ 28

VI

Analysis of BAC Testing and Reporting in Texas August 1999

INTRODUCTION

Each year in Texas between 1,700 and 1,900 drivers are fatally injured in motor .

vehicle collisions. A large number of those drivers are under the influence of alcohol and/or

other drugs at the time of the crash. Texas Transportation Institute (TTI) has conducted a

study every other year for the Texas Department of Transportation (TxDOT) to investigate the

role of alcohol in crashes in which a driver was fatally injured. The study of Alcohol

Involvement in Texas Driver Fatalities began in 1983. The primary objective of the study was

to establish and maintain a database of post-mortem blood alcohol concentration (BAC) test

results because a centralized repository for toxicological data pertaining to motor vehicle

fatalities did not exist at that time.

Prior to the initiation ofthis study, estimates of alcohol involvement in Texas motor

vehicle collisions were typically determined by the subjective assessments of investigating law

enforcement officers. If physical evidence was available to indicate a driver was under the

influence of alcohol, the investigating officer cited alcohol as a contributing factor to the crash

on the crash report form. The need for objective criteria to determine the extent of the alcohol

problem in motor vehicle crashes was recognized on the national level (AAAM, 1986; Fell,

1984; NTSB, 1985), but few studies had been conducted to examine the degree to which

alcohol was underreported on crash reports.

At the time this project began, toxicology results for less than two percent of the fatally

injured drivers in Texas were being reported annually to the National Highway Traffic Safety

Administration's (NHTSA) Fatality Analysis Reporting System (FARS). Major improvements

in reporting have since occurred. However, NHTSA reported recently that fewer than one

half of the drivers are tested and the results known in Texas (NHTSA, 1998). Accurate

assessments of the extent of alcohol involvement in fatal crashes cannot be made unless all

drivers involved in fatal collisions are tested. Given the large proportion of drivers who are

untested, as well as those for whom test results are not reported, there is no way to guarantee

that no systematic biases exist in the data being reported.

The results of the 1997 study of Alcohol Involvement in Texas Driver Fatalities

(Davies, 1999) suggested that a significant proportion of the fatally injured drivers who were

tested for alcohol have BAC test results on file at the Medical Examiner's Office. However, a

1


large number of these test results are not being reported in the database maintained by the

Texas Department of Public Safety (DPS). The details of the discrepancies in testing and

reporting of BAC results, and a further examination of the counties and agencies responsible

for non-reporting of BAC data, are the subject of this study.

2


METHODOLOGY

The data collection procedures and study methodology used in past BAC studies have

been fully documented in previous reports (Pendleton, et al., 1984; Davies, 1999). To

summarize, BAC data are collected from the established Medical Examiners' (M.E.) Offices in

Texas. These test results are then matched to the Texas Accident Database for subsequent

analysis. The Texas Accident Database does not provide the name of the deceased. Therefore,

in studies conducted prior to 1997, other identifying variables were used to match the M.E.

toxicological test results to the corresponding crash reports. The victim's age, sex, and race,

as well as the date and time of the crash were used for this purpose.

For calendar year 1997, the crash reports for all crashes involving a fatally injured

driver were obtained from DPS. Each crash report was reviewed, and a list containing the

names of each of the 1,896 driver fatalities was compiled. This greatly facilitated the

matching process with the data from the M.E. offices. About 500 more driver BACs were

located and verified using this method than were obtained in any previous year of the study.

There are several reasons why BAC test results for fatally injured motor vehicle drivers

may not be available at the Medical Examiner's Office. For example, in those cases where a

person remained hospitalized for an extended period, and no original blood sample was taken

for analysis, a post-mortem examination would not provide an indication of alcohol impairment

at the time of the crash. In other instances, medical procedures (e.g., massive transfusions,

surgery) may preclude BAC testing immediately following the crash.

In other instances, the BAC results may be contained in the M.E. files, but the

information was not submitted to DPS for entry into the database. The present report contains

a detailed presentation of the status of BAC information contained in the DPS database for

drivers killed in 1993, 1995, and 1997 motor vehicles crashes. The information is presented

for each of the counties in Texas. The extent of BAC testing and reporting by law

enforcement agency and county for 1997 was more thoroughly examined to identify the

agencies and counties in Texas which bear responsibility for missing BAC test results.

Moreover, a comparison of the results available at the M.E. Office with those recorded in the

DPS database was conducted to determine the extent to which such information is not being

conveyed to DPS for inclusion in the Texas Accident Database.

3


Additional analyses were conducted to determine if certain age groups were more or

less likely to have been tested for alcohol and/or other drugs. The circumstances cited by

investigating officers as "contributing factors" to these crashes were also examined. In

addition, the police accident reports were reviewed individually to determine the initial

disposition of the body (e.g., to a hospital, M.E. Office, county morgue, funeral home) of

each fatally injured driver whose BAC test results were not in the DPS database.

4


RESULTS

Comparison of BAC Testing and Reporting for 1993, 1995 and 1997

The number of drivers fatally injured in Texas rose from 1,709 in 1993 to 1,896 in

1997 (Table 1). In contrast, the number of fatalities for which BAC data was reported in the

DPS dastabase declined from 934 (54.6%) in 1993 to 746 (39.3%) in 1997. At the same time,

the number of driver fatalities for which BAC test results were unknown increased from 215 in

1993 to 332 in 1997. Similarly, the number of drivers who were not tested for alcohol rose

dramatically from 465 in 1993 to 672 in 1997. This represents a 45 percent increase in the

number of fatally injured drivers who were not tested for alcohol per the direction of the law

enforcement officials who investigated the crash. These numbers reveal an alarming trend

toward an overall lower level of BAC testing and reporting in Texas.

Table 1. Status of BAC Test Results in the DPS Database for 1993, 1995 and 1997.

BAC Tested and Reported

BAC Test Results Unknown

No Test/Test Refused

Drug Test Conducted

Contaminated Specimen

Test Results Not Released

5

934

(54.6%)

215

(12.5%)

465

(27.2%)

86

(5.0%)

5

(< 1 %)

4

(<1 %)

795

(44.6%)

242

(13.6%)

642

(36.0%)

97

(5.4%)

3

(<l %)

3

(<1 %)

746

(39.3%)

332

(17.5%)

672

(35.4%)

144

(7.6%)

1

(< 1 %)

1

(< 1 %)

·················•·1~·~g~··················


Another noteworthy change from 1993 to 1997 occurred in the number of fatally injured

drivers who were tested for drugs other than alcohol. In 1993, there were 86 drivers who were

tested for drugs other than alcohol. That number rose to 144 in 1997, and represents a 67 percent

increase over 1993. Driving under the influence of drugs is becoming a serious problem, and

testing all crash-involved drivers for the presence of alcohol and other drugs is certainly

warranted. However, under the current system of coding toxicological information in the DPS

database, only one test result can be reported. Thus, the 144 drivers who were tested for other

drugs had no BAC test results recorded for 1997, regardless of whether or not alcohol testing had

been conducted. This shortcoming of the current system only compounds the problem of missing

BACdata.

Table 2 presents the status ofBAC test results for calendar years 1993, 1995 and 1997 by

the county in which the fatal crash occurred. The information is presented for three categories of

BAC test result outcome: BAC Tested and Reported, BAC Test Results Unknown, and No

Test/Test Refused. For purposes of this study, "BAC Tested and Reported" indicates that there is

a numerical result for alcohol in the DPS database. The "BAC Test Results Unknown" is used to

indicate that toxicological testing for alcohol may have been conducted, but the BAC test results

were not reported to DPS for coding in the database. The category "No Test/Test Refused"

indicates that toxicological testing for alcohol was not requested by the law enforcement officer

who investigated the crash. Obviously, since the data contained herein include only fatally

injured drivers, it is unlikely that the toxicological testing was refused by the driver at the time of

the crash investigation. Moreover, an entry in this category in the DPS database does not

necessarily preclude toxicological testing. Thus, BAC test results for some of these drivers may

indeed be available at the Medical Examiner's Office, county morgue, etc.

As one can see, some counties appear to be remiss in the testing and reporting of BA Cs

for fatally injured drivers. Comparisons of the status of BAC test results across years for each

county provides an indication of which counties need to improve their level of testing and

reporting BAC data for inclusion in the DPS database. A more detailed and systematic analysis

of this information (by law enforcement agency, driver age, contributing factors, etc.) was

conducted for 1997 and appears in the following section.

6


Table 2. Status of BAC Test Results for Each County in 1993, 1995 and 1997.

Anderson 4 1 2 3 5 3 3 5

Andrews 1 1 1

Angelina 6 2 2 1 2 2 6 5 7

Aransas 1 2 2 3 1

Archer 1 2 2 1 1

Armstrong 1 1

Atascosa 2 3 5 1 1 2

Austin 1 1 1 4 5 3

Bailey 2 2

Bandera 3 1 1 2 1 2

Bastrop 3 5 3 1 5 2 5

Baylor 1

Bee 2 2 1 2 2 2

Bell 4 13 5 1 1 8 3 7 5

Bexar 38 27 9 29 13 12 11 43 45

Blanco 2 1 1 2 1 2

Borden 1 1

Bosque 2 2 1 2 1 1

Bowie 5 10 10 1 1 5 3

Brazoria 9 2 7 4 5 10 6 4 7

Brazos 5 4 5 2 2 2 5 5 5

Brewster 1 1

Briscoe 1 1

Brooks 2 2 2 1 1 1

7


•••m11!1•••¢14i~•~••••• ••••••••••••••••••··~~~4•••~·•~¢1'~i¢1•••••••:••••••• •••••••••••••••••J{~~mi§••-m1iiiiit ••••••••••••• ·•••••••••••••••11i•••~€~1~111a.•••••••••••• Brown 6 1 2 2

Burleson 2 4 1 3 1

Burnet 3 2 1 1 1 1 2

Caldwell 4 7 3 1 1

Calhoun 3 1 2

Callahan 2 1 3 1 1 2 1

Cameron 15 10 7 3 3 6 8 7 6

Camp 1 2 3

Carson 1 1 1 3

Cass 4 4 3 1 4 4

Castro 3 2 1

Chambers 2 2 1 1 5 2

Cherokee 10 6 4 2 6 3 2

Childress 2 1 1 1

Clay 3 2 1 1 1

Cochran 2 2

Coke 1 1 1

Coleman 2 2 3 1

Collin 8 10 7 4 4 5 4 10 10

Collingsworth 1

Colorado 3 2 2 2 3

Comal 4 7 3 1 4 5 1

Comanche 2 5 1 3

Concho 2 2 1 1

Cooke 1 1 2 1 2 3 1 1

Coryell 2 3 1 2 1 2

8

Analysis of BAC Testing arul Reporting in Texas August 1999

•••§~1~1•••~~;t]•j•••••• ·•••••••····•·••-•••T-~t~q···~··•i~i>~!¢m••••••••••••••••• •••••••••••····••••B-¢§ilt$••wfittJ:l(,li ••••••••·•••• ••••••••··••••••N~•·•~¢~tiir~mJ•••••••••••• Cottle 1

Crane 1 1

Crockett 2 1 1 1

Crosby 1 3

Culberson 3 3 2

Dallam 3 2

Dallas 80 25 56 17 29 19 25 71 37

Dawson 1 1

Deaf Smith 2 1 1 1 1

Delta 1

Denton 12 8 5 3 3 3 6 12 10

De Witt 4 1 2 1

Dickens 1

Dimmit 1 2 1

Donley 1 1 1 1

Duval 1 2 1 2 2

Eastland 1 1 5 1 1 2 1

Ector 6 6 7 1 3 1 4 2

Edwards 1 1 1

Ellis 2 3 4 5 4 2 5 14 8

El Paso 24 15 6 5 6 12 20 14 17

Erath 1 1 5 1 9 1

Falls 2 3 4 1 1

Fannin 2 4 3 1 3 1 2

Fayette 3 3 2 1 1 2 2

Fisher

9

--------------------------------


•••m~l1¥•••~~#t~•~•••••• ••••••••••••••••••••'l'i~~··•~•··~tl>()i-t~~•·•·•••••••••••••• ••••·•••••••••·•··•i¢~its••J11ili~• •••••••••••• ••••••••••••••··~~··•'1'¢@111.¢.im~a.•••••••••••• Floyd 3 1

Foard

Fort Bend 8 6 3 1 1 2 2 9 12

Franklin 4 4 1 1 1

Freestone 3 6 6 1 3

Frio 2 4 2 1 1 4

Gaines 3 2 2 1

Galveston 1 2 6 2 5 12 8 12

Garza

Gillespie 2 4 1 1

Glasscock 1

Goliad 1 1 1

Gonzales 1 3 3 1 1 2 5 1

Gray 1 2 1 1 1

Grayson 13 6 4 1 1 4 2 4 3

Gregg 7 5 11 4 2 1 6 4 3

Grimes 2 2 1 1 1 2 2 5

Guadalupe 2 5 2 3 2 4 2 3

Hale 1 1 4 1

Hall 1 1 1

Hamilton 3 1 1 3

Hansford 1 1

Hardeman 2 1

Hardin 4 3 6 2 2 1 7

Harris 78 62 50 13 19 38 30 48 40

Harrison 9 4 10 1 3 2 5 1

10

Analysis of BAC Testing and Reponing in Texas August 1999

••·~~~tY•·•~o~t·•'•••••• ••••·••••••••·•·••••w~e<l•·•~·••~epal"t~~••••••••··••·•·•·• •••••••••·•••••••••R~§illis••tttikilri#ii••.• ••••••••• ·•••••••••••••••!Wfi•••m~§tlR~f~~a•••••••••••• Hartley 2 3 2

~~ 1 3 1

Hays 4 2 2 2 4 5

Hemphill 1 1

Henderson 8 5 5 8 2 4 6

Hidalgo 27 27 23 14 7 4 7 11 14

Hill 3 3 3 2 1 4 2 4

Hockley 3 2 4

Hood 1 1 2 1 1 2

Hopkins 6 2 2 1 1 2 2

Houston 3 4 1 1 2 2

Howard 1 1 1 2 1

Hudspeth 2 2 1 1 1 2 1 1

Hunt 10 9 10 2 1 1 3 3 5

Hutchinson 1 1 1 1

Irion

Jack 1 2 1

Jackson 1 3 6 2 2

Jasper 5 2 5 2 6 1

Jeff Davis 1 1 1 1 1

Jefferson 7 8 5 5 4 5 6 12 15

JimmHogg

Jim Wells 3 3 1 1

Johnson 4 2 1 1 1 3 5 7

Jones 2 3 3 1 1 1

Karnes 1 1 1 2

11


•••rs~~!~•••¢~J:ltj•~•·•••• ••••••· .. ·•·••··••••-J:~t¢~•·•~••¥ei>o1Jt~~•••••••••••••••••• •••••·)·••••••••Re$1.lli~••nfikil~~ ••••••••••••• ••••••••••••••••Nu•••mk§tllt¢rtiS¢d••••••••·••• Kaufman 8 3 6 2 2 5 3 3 15

Kendall 3 5 2 1 2

Kenedy

Kent 1

Kerr 2 2 1 4 2 1

Kimble 2 4 2

King I 1

Kinney 1 1

Kleberg 2 2 1

Knox 1

Lamar 1 1 6 1 1 1 3

Lamb 1 3 1 1 1

Lampasas 4 1 1 1

La Salle 1 2 1

Lavaca 2 1 3 2

Lee 1 2 4 1

Leon 4 3 6 1 1 6 2 3

Liberty 17 7 5 1 4 2 5 13

Limestone 2 4 9 2 4

Lipscomb

Live Oak 3 3 2 4 3 3

Llano 2 1 1 1

Loving

Lubbock 9 15 8 2 3 3 7 4 7

Lynn 1 3 2

McCulloch 1 1

12


•·•~()lil•••~~~t~•~•••••• ••••••••••••••••••.r.l'est¢~•••~••!¢PRtt~I1•••••• •••••••• •••••••••••••·••••1:{.¢srliis•·t11rii-Wn••••. •·H ·••••••••••••·••Ni•••m~~;~r~¢i••••·•••••• McLennan 13 10 6 6 5 5 8 6 13

McMullen 1

Madison 1 2 1 2

Marion 1 1 1 1 2

Martin 1 4 2 1

Mason 1 1 1

Matagorda 5 1 3 1 1 3

Maverick 1 2 1 3 1 1 2

Medina 1 4 1 1 1 1 2 3 1

Menard 1 1 1

Midland 6 3 4 2 2 2

Milam 4 4 2 2 2 2

Mills 1 1 1 1

Mitchell 1 1

Montague 1 2 2 2

Montgomery 14 9 12 4 4 13 14 10 17

Moore 1 1 2

Morris 1 2 1 1 1 1 1

Motley 2

Nacogdoches 7 2 3 1 3 6 5 2

Navarro 4 2 5 3 6

Newton 1 3 3

Nolan 2 3 5 2 3 2

Nueces 16 5 5 4 2 3 9 5 12

Ochiltree 2 2 2 1

Oldham

13


•••§ijit~···~()~t•·•'•••• •••••••••••••••••••••±-~t~~····~•••tlepp,,f~~····•·••·••·•·•·••• ·•••••••·•••·•••••iiesllJts••~rikll£lwn · ..

·=:.·:·.-·.· . .:··-:.:-:-:.. ::·: -_--: ->· .-. .:-··-.:·:..-.. ·:-:·.·-:.:-:-

<N9••'l7~stfll.~f\1Se4•••····· Orange 8 7 4 2 4 2 1 11 4

Palo Pinto 1 1 2 2 1

Panola 3 3 1 1 1 2 5

Parker 3 8 8 1 3 2 1 1

Parmer 4 2 1 1 1 1

Pecos 4 3 2 4

Polk 7 3 5 1 2 2 1 3 1

Potter 5 6 6 1 1 4 6

Presidio 1

Rains 1 2

Randall 3 5 8 1 1 1 4

Reagan

Real 1 1

Red River 2 1 3 1 1 1

Reeves 1 1 2 2 7

Refugio 2

Roberts 1

Robertson 2 1 2 2 1

Rockwall 1 1 1 1 3

Runnels 1 2 1 1

Rusk 3 5 12 1 3 5 9

Sabine 3 2 1 2 1 1

San Augustine 1 1 1 1 1

San Jacinto 6 7 3 2 2 3

San Patricio 3 5 4 2 1 3 2 2

San Saba 1

14

Analysis of BAC Testing arui Reporting in Texas August 1999

···~~Piity···$~pt.•'•••••• ••••••••·•••••••••··~~~~····~···~~J>ol1¥~• ••••·••••••••· ·•·••••••••• ····••!~§lltts••'(Jlllc~()'V:ll•••••••••·····••• •••······••••••N-s•••i'est~ft1$~•a••···•·••••• Schleicher

Scurry 2 1 1 1

Shackelford 1

Shelby 3 7 2 2 2

Sherman 1 1 2

Smith 16 22 26 3 4 2 10 7 9

Somervell 1 2 1 1 1

Starr 4 8 3 1 1 1 1

Stephens 1 1

Sterling 1 1 1

Stonewall 2 1 1

Sutton 1 3 2 1 1 1

Swisher 2 2 1 1

Tarrant 28 27 9 7 5 13 25 28 34

Taylor 3 5 2 2 2 3 1 3

Terrell 2

Terry 2 1 1

Throckmorton 1 1

Titus 5 1 2 1 5

Tom Green 7 5 2 2

Travis 29 16 15 7 15 18 8 14 18

Trinity 3 2 1 1 2 3 1

Tyler 1 1 1 1 1 2

Upshur 1 6 2 1 1 5 6 8

Upton

Uvalde 2 1 1 2 1

15


@2iet~ ~ont.' 1••·••••• $~t¢d···~••R.epp):t~cl ? •••• R.~silits .. IJllknti~ ••·•••••• ·•••••·••••• Nb 1'~stllter1lSed.L •. Val Verde 1 1 2 1 2

Van Zandt 5 4 4 1 3 2 3 2

Victoria 6 5 3 1 1 2 7 6

Walker 8 2 3 2 2 3 4 3 5

Waller 3 2 4 1 1 1 2 1

Ward 3 1 1 1 1 1 3

Washington 6 2 1 4 2 3 4

Webb 6 5 3 4 1 2 2 1 4

Wharton 1 3 1 5

Wheeler 2 2 1

Wichita 4 4 4 1 3 3 4

Wilbarger 1 3

Willacy 1

Williamson 10 8 8 3 5 2 5 4

Wilson 6 1 5 3 1

Winkler 1

Wise 4 8 1 3 4 4 4

Wood 4 3 5 1 2 3

Yoakum 1 3 2

Young 1 2

Zapata 1 2 3 1

Zavala 1 1 1 1 1

TOTAL 934 795 746 215 242 332 465 642 672

16

Analysis of BAC Testing and Reponing in Texas

Detailed Analyses of BAC Test Results for 1997

BAC Test Result Status

August 1999

As mentioned previously, the hard-copies of all crash reports involving a driver fatality in

1997 were obtained from DPS. The list of driver names taken directly from the crash reports

facilitated a more intense and thorough search of the BAC test results available at the Medical

Examiner Offices in Texas for 1997. Thus, a more comprehensive comparison of the data

recorded in the DPS database with that available from the M.E. Offices was conducted for 1997.

Table 3 outlines the status of the toxicology results as they were recorded in the database for

driver fatalities that occurred in 1997. As one can see, fewer than 40 percent of the driver

fatalities in 1997 had a numerical BAC reported in the DPS database.

Table 3. Status of BAC Test Results in DPS Database (1997).

BAC Test Results Recorded in the DPS Database 746 39.3

Test Results Unknown 332 17.5

No Test/Test Refused 672 35.4

Drug Test Negative 94 4.9

Drug Test Positive 50 2.6

Specimen Contaminated 1 <1

Test Results Not Released 1 <1

TOTAL 1,896 100.0

"Results Unknown." Of the 332 cases for which the driver's BAC test results were

recorded as "Unknown" in the DPS database, the BAC test results for 165 of these cases were

located in the records reviewed at the Medical Examiner's Office. The remaining 167 cases

remain of unknown status. It should be noted, however, that test results for the remaining 167

cases could be available from another source, such as a hospital or county morgue. Thus,

although the BAC test results for the 332 cases were of an unknown status according to the law

enforcement officer who conducted the investigation and submitted the crash report, at least

17


one-half of these results would have been available upon follow-up by the officer at the Medical

Examiner's Office.

"No Test/Refused." Similarly, 302 of the 672 BAC test results recorded as "No Test/

Refused" in the DPS database were available at the Medical Examiner Offices. The remaining

370 cases were not subjected to a further search for BAC test results. A more detailed

examination of the "Unknown" and "No Test" categories is presented in a later section of this

report.

"Drug Test Positive/Negative." Of the 144 drivers who were tested for drugs, 61 of the

records were located in the Medical Examiner files. Two records indicated that no toxicological

testing for alcohol was performed, but 59 of these individuals had been tested for alcohol (see

Table 4). Thirty-eight records indicated a BAC=0.00. Eight of the cases had a BAC greater than

zero, but less than 0.10. Of the records located at the M.E. Office, 13 had BACs at or above the

legal limit for intoxication currently in effect in Texas.

Table 4. Status of BAC Results for Drivers Who Were Tested for Drugs Other than Alcohol.

••·••••••••••••••••·••••urll••w!~•·~~~iti~~•••••••••• •••••••••••• ·••••••••··••·•~iig•••~~§••••~~g~t~v~•·•·•·•••••···· Blt©so·•r.~-"''+•~iO'-}? tl-l~FI•••••••• '.Q~~>-~ol•/ .. ··• BAC Test Results at M.E. Office 15 16 23 5 59

BAC Test Results in Database 0 0 0 0

BAC Test Results Undetermined 19 66

At the present time, the database maintained by DPS does not allow for coding of more

than one toxicology result for each fatality. Therefore, the 144 drivers who were tested for

drugs other than alcohol in 1997 had no BAC test results entered in the database. That is,

regardless of whether or not these drivers tested positively or negatively for drugs other than

alcohol, there are no data included in the DPS database to indicate the BAC results for these

fatalities. Nevertheless, it is frequently the case that some of the drivers who tested negatively

18

0

85


for drugs other than alcohol had a BAC well in excess of the legal limit for intoxication in Texas.

Under the system currently adopted for coding the toxicology results in the DPS database, this

valuable information would be lost. By the same token, it is equally as important to know when

there are negative BAC test results for drivers who have also been tested for other drugs. The

current system fails to provide a means by which to code all toxicological test information in the

database.

Systematic analyses of the information available for 1997 was conducted to determine if

any biases exist in the BAC testing and reporting practices across Texas. Table 5 presents the

BAC testing and reporting data by age group for 1997.

Table 5. Driver Fatalities by Age Group and BAC Test Status (1997).

~§Jr, •. _- •. _ .•. _ .•. _ .•. _ .•. _ .•. _n.··-···--·-····_•.n._ •• a·•_ ... _ .•• _.:•t•_r_._•a_._1_-~_-.J.v_ .•• _ .• 1._··~:·····:f_-••.. e •• _ •• _ .• _.•s···-·· ·-·.····:···.· .•. •_ ._·_·-···:··_:_•_ .• _.-.••_ •. -.·.·.•.•-·.•_.--•:_ .. R •. m_·_•_-_••.-_._··_--·_•_:.·•.·-•.··.··-·-•.•_sp•.·-···-·-··t··--·o·.·-•.ed_-•.•._•_• __ ._·-~.·-·_••_._• ___ ._-._•_:···.:•.:•_ ...• _·e_&_•_-•_._•_--•.-•.d·.•_-_ .• _-.•.•:_._._•_-•.•.:_ •. •_•• .• _•_ .. -·.·_ .• _._• .•. ·--.•.• ·-·.-·-·.·--.--.-.n_••_·•••_._.• ___ a.·_·n•.••.••_e_ .. ••_·•~•_s_._·_._ .• _ •• _u_ •• _._-..... _-._-•_._1_-._ .... t.•._•••.•_s_ •• , •.• ·--.•n>_·•• __ •. -_._ •.•.• _... 1-~••l'~~t~··• •< T~~t~d i••••• ._•-.•_ .....• _N•_•_••_-.•.-_._ •• _ ••• __ ._-_.0_._c_t•--.•_-••_·_o······-·-·Rn_•_-•-•_-.•·et_ •• _ •• _ •• _al•_•_ .• _._e•_-_._m_ •• _._-as•_•_•-··-·-·-•·_-•_•_ .• _1.·e•_-•_·_·._._d•_ .• _.-_ ••••. _ •... •_•--·.·-···-···-· GROUP J) u "' u v lUlu.rn R.efli~¢g n !o~~tgg~

.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

112 (15.0%)

178 (23.8%)

177 (23.8%)

•. •:':'/\5()0/\••••••}/ 198

43 (12.9%)

84 (25.3%)

64 (19.3%)

101 (30.4%)

100 (14.9%)

127 (18.9%)

106 (15.8%)

159 (23.7%)

24 (16.7%)

23 (16.0%)

39 (27.1%)

42 (29.2%)

0

0

2 (<1%)

0 t .} ti ~1:1~!~) (26.5%)

-+-----------t--------+---------+---------1-----------t 81 40 180 16 0

(10.8%) (12.1%) (26.7%) (11.1%)

746 332 672 144 2

Age Group. The second shaded column in Table 5 shows the number of driver

fatalities that were recorded for each age group as well as the percentage of the total driver

fatalities represented by each group. A comparison of the percentages in the remaining

columns of each row with the percentage of total driver fatalities for that age group can

provide an indication of potential biases in the testing and reporting of toxicology test results.

19


For example, the number of drivers under age 21 represented 14. 7 percent of the driver

fatalities recorded in 1997. Approximately the same percentage of drivers in that age group

(15.0%) had BACs tested and reported that year. However, a slightly higher percentage

(16.7%) were tested for drugs other than alcohol. Drivers aged 65 and over had the lowest

percentage of BACs tested and reported. Only 10.8 percent of these drivers had BACs in the

DPS database, yet they represented 16.7 percent of the driver fatalities in 1997. The largest

percentage of "Unknown" BAC results was for drivers aged 41-64. These drivers represented

26.4 percent of driver fatalities, but 30.4 percent of their BAC test results were of unknown

status in the DPS database.

The largest discrepancy between BAC test result status and number of driver fatalities

occurred in the "No Test/Refused" category of drivers aged 65 and over. Although these

drivers represented fewer than 17 percent of drivers killed in 1997, they represented almost 27

percent of the drivers for whom no BAC testing was requested by the investigating officer. In

contrast, 27 percent of drivers aged 31-40 were tested for drugs other than alcohol, yet these

drivers represented only 20.5 percent of the total driver fatalities.

Law Enforcement Agency. There were 1,839 crashes in which the 1,896 drivers were

killed in 1997. Two of the crashes involved 3 drivers who all died from the injuries sustained

in the collisions. The number of driver fatalities investigated by each law enforcement agency

is presented in Table 6 below.

Table 6. Driver Fatalities Investigated by Each Law Enforcement Agency in 1997.

11.~•1:1~t-¢¢tii¢iit ~1¢~ri~ ? ]•••{••ii < nti¥¢~ i'ltinti~$ r••••••••• n~~~~t tirmiltH•• Sheriff's Office 96 5. 1 %

City Police 689 36.3 %

Texas Department of Public Safety 1,102 58.1 %

Other 9 .5 %

TOTAL 1,896 100.0 %

20


As one can see, the Texas Department of Public Safety investigates significantly more

fatal crashes than the other law enforcement agencies. DPS officers investigated more than

one-half of the crashes in which a driver was fatally injured in 1997. Officers from City

Police agencies investigated more than one-third of these crashes, while the Sheriff's Office

investigated about 5 percent.

15.6 46.8 30.2 7.3

24.5 21.6 48.3 5.5

The results presented in Table 7 above show that only a small percentage of the driver

fatalities investigated by the Sheriff's Office in 1997 had verified BAC test results in the DPS

database. Even though the Sheriff's Offfice was responsible for investigating only a small

percentage of the crashes in 1997, almost one-half (46.8%) of the drivers killed in those

crashes had "Unknown" test results. Another 30.2 percent of those drivers apparently went

untested. Similarly, the City Police Officers who investigated fatal crashes in 1997 failed to

test almost one-half ( 48. 3 % ) of the fatally injured drivers who were involved in those

collisions.

In contrast, DPS officers tested and reported BAC results for 51 percent of the drivers

involved in the collisions investigated by their agency. This percentage is considerably higher

than the overall 39.3 percent of driver fatalities for whom BAC test results were reported in

1997.

Contributina: Factors. Table 8 presents the contributing factors cited by the law

enforcement officers who investigated the 1,839 crashes in which 1,896 drivers died in 1997.

As one can see, the investigating officers cited DWI as a contributing factor to the crash in

21

Aoolysis of BAC Testing and Reporting in Texas August 1999

Table 8. Law Enforcement Officers' Assessment of Factors Contributing to the Crash (1997).

Driving While Intoxicated (DWI) 578 30.5

Driving Under the Influence of Drugs 58 3.0

None Applies 920 48.5

Other (e.g., following too closely) 340 18.0

TOTAL 1,896 100.0

30.5 percent of the fatal collisions. Driving under the influence of drugs was cited as a

contributing factor in only 3 percent of the cases, even though 7. 6 percent of the drivers were

tested for drugs other than alcohol (Table 7). By far, the officers selected "None Applies" most

frequently in assessing factors that may have contributed to the crashes. In about 18 percent of

the cases, the officers were able to determine that some other factor (e.g., illegal passing,

speeding, etc.) may have contributed to these crashes. Tables 9-12 further analyze the BAC

test status of drivers involved in the crashes assigned each of these contributing factors.

Table 9. BAC Test Status for Drivers Fatally Injured in Crashes Wherein "DWI" was Cited as a Contributing Factor to the Crash.

•••ll!l"~!·•~!~··~~~t!l.Pt$•••ii..•·Q~$················· ·····································•••i&jiffili~~···;~•J11fijJi.ti~$········ l).ijqtJ.jii.$¢ l )(<.·········· ..

BAC <.IO 80 13.8

BAC2.. .IO 363 62.8

Results Unknown 84 14.5


Drug Test Positive 1 < 1.0

Drug Test Negative 2 < 1.0

Specimen Contaminated 1 < 1.0

TOTAL 578 100.0

22


Of the 578 driver fatalities that occurred in crashes wherein "DWI" was believed to

have been a contributing factor, 62. 8 percent of the drivers whose blood alcohol concentration

was tested and reported had BACs 2:.. .10. However, in 13.8 percent of the cases, the driver's

BAC was below the legal limit for intoxication in Texas. One of the more puzzling aspects of

these numbers lies in the percentages of drivers who were adjudged "DWI," but for whom no

test results were reported. The "No Test/Refused" and "Results Unknown" cases make up more

than 22 percent of the driver fatalities cited as DWI. Yet none of these cases have numerical

BACs in the DPS database. A later section of this report will discuss these cases in more

detail.

Table 10. BAC Test Status for Drivers Fatally Injured in Crashes Wherein ''Driving Under the Influence of Drugs" was Cited as a Contributing Factor to the Crash.

BAC < .10 4 6.9

BAC2.. .10 3 5.2



Drug Test Positive 46 79.3


TOTAL 58 100.0

Table 10 shows that officers correctly cited "Driving Under the Influence of Drugs" as

a contributing factor to the crashes about 80 percent of the time. That is, in 46 of the 58 cases

where drugs were thought to have contributed to the collisions, the drivers tested positively for

drugs.

Tables 11 and 12 both contain substantial numbers of cases wherein the BAC test

results are missing from the DPS database. Almost one-half of the 920 cases that cited "None

Applies" as a contributing factor to the crash also show "No Test/Test Refused" as the status

23


of the BAC test results in the DPS database. A similar percentage of cases (48.8 percent)

show "No Test/Test Refused" when "Other" was cited as a contributing factor to the crash.

Table 11. BAC Test Status for Drivers Fatally Injured in Crashes Wherein "None Applies" was Cited as a Contributing Factor to the Crash.

BAC < .10 209 22.7

BAC2. .10 2 < 1.0





TOTAL 920 100.0

Table 12. BAC Test Status for Drivers Fatally Injured in Crashes Wherein "Other" was Cited as a Contributing Factor to the Crash.

BAC < .10 85 25.0

BAC2. .10 0 0.0





TOTAL 340 100.0

In both Tables 11 and 12, about 20 percent of the cases involve drivers whose BAC test

24


results were "Unknown." Taken together, the missing BAC test results in these two tables

make up almost 70 percent of the driver fatalities that occurred in crashes where alcohol

and/or other drugs were not cited as contributory. One can only speculate as to how many of

these cases may have involved drivers whose BA Cs were in excess of the legal limit for

intoxication.

''Results Unknown" and "No Test/Test Refused"

As outlined in Table 3 on page 17 of this report, there were 332 cases in the DPS

database for which the BAC test results were "Unknown." There were an additional 672 cases

for which the DPS database entries read "No Test/Test Refused." The biennial study of

Alcohol Involvement in Texas Driver Fatalities (1997 Data) prepared by Davies (1999) sought

BAC test information from the Medical Examiner Offices for these cases. This effort resulted

in acquiring BAC results for 165 of the "Results Unknown" cases and 302 of the "No Test/Test

Refused" cases. Thus, the BAC test results for an additional 467 fatally injured drivers were

available at the Medical Examiner Offices (see Table 13).

Table 13. Status of Cases with ''Missing Results" in the DPS Database After Review of Medical Examiner Files.

8.&e Iii B.~~filt: stii~i u )••••••••••• "lte§filis tirild.itl~ 1••••••••• ••• YNti 11€§1/wiH B.¢fl~I~ rn

B~il>Rll~~ x Medical Examiner Results

BAC = 0.00

BAC < 0.10

BAC 2.. 0.10

Results Not Available

Not Tested

i:llt~ ~ijfi¢i¢i@iij¢ti:>/Ht

165 cases

69

14

80

1

1

302 cases

189

18

58

11

26

Of the 467 fatally injured drivers whose BAC test results were located at the Medical

25


Examiner's Office, 258 of them (or 55.2 percent) had a BAC=0.00. Another 138 of these

drivers (29.5 percent) had BACs in excess of the legal limit for intoxication. Yet all of this

BAC data was missing from the 1997 DPS Database. This information is crucial to

determining the overall trend in alcohol-related crashes in Texas. The more information we

have at our disposal, the better estimates can be made of whether or not we are making

progress in lowering the number of drivers killed in alcohol-related collisions annually.

Results '1Jndetennjned"

Although almost one-half of the cases with missing results in the DPS database were

located in the files at the Medical Examiner's Offices across Texas, BAC test information

remains "undetermined" for 537 driver fatalities. Tables 14 through 17 show a breakdown of

the results that remain undetermined for the "Results Unknown" and "No Test/Test Refused"

cases by age group and disposition of the body of the deceased. Almost one-third (31. 7

percent) of the drivers with "Results Unknown" and for whom BAC test results remain

undetermined were in the 41-64 year age group. In contrast, the age group with the largest

number of drivers who were "No Test/Test Refused" and for whom BAC test results remain

undetermined were over age 65 (see Table 16). That is, 111 of the 537 cases (or one out of

five of the 537 fatally injured drivers for whom BAC test results remain undetermined) did not

have a specimen taken according to the DPS database, and most likely went untested for

alcohol.

Table 14. Number of Fatalities in Each Age Group for Which "Results Unknown" Appears in DPS Database and BAC Test Results Remain Undetermined.

< 21 21 12.6

21-30 44 26.3

31-40 24 14.4

41-64 53 31.7

> 65 25 15.0

Total 167 100.0

26


Table 15. Type of Specimen Taken and Disposition of the Deceased for Whom "Results Unknown" Appears in DPS Database and BAC Test Results Remain Undetermined.

Deceased's Body Taken to: Blood "Other" Unknown Total

Hospital 36 11 12 59

Hospital and Death was Delayed 6 1 3 10

Medical Examiner Office 14 3 4 21

County Morgue 10 0 3 13

Funeral Home 50 6 2 58

Dead at Scene/No Information 4 1 1 6

Total 120 22 25 167

Table 15 outlines the types of specimens taken as well as the disposition of the bodies

of the fatally injured drivers for whom results were "Unknown" and remain undetermined.

Sixty-nine of these cases (41.3 percent) were initially sent to a hospital after the crash, and

BAC testing could have been precluded by extensive medical treatment. Moreover, hospitals

are often reluctant to release BAC test information without patient consent. Thus, the missing

BAC test results from hospitals are somewhat understandable.

However, 58 of the 167 cases (or 34.7 percent) were sent to a funeral home following

the crash. Moreover, 50 of these 58 persons had blood samples taken according to the entries

in the DPS database. Yet none of these results were in the 1997 DPS Database. This suggests

some lapse by law enforcement officers in the follow-up procedures for securing this

information. Indeed, 120 of the 167 "Unknown" cases that remain undetermined had blood

samples taken. Another 22 cases had some "Other" specimen taken for analysis. The results

of these tests would provide valuable information about the trends in alcohol-related driver

fatalities.

27


Table 16. Number of Fatalities in Each Age Group for Which "No Test/Refused" Appears in DPS Database and BAC Test Results Remain Undetermined.

< 21 60 16.2

21-30 72 19.5

31-40 48 13.0

41- 64 79 21.3

> 65 111 30.0

Total 370 100.0

The remaining 370 cases for which "No Test/Test Refused" appears in the DPS

database also had "None" as the entry under type of specimen taken. Thus, one can assume

that no toxicological testing was ordered for these persons by the law enforcement officers who

investigated the crashes in which these persons died. Almost two-thirds of these persons were

sent to a hospital immediately after the crash, and about 25 percent of them experienced a

Table 17. Disposition of the Deceased for Whom "No Test/ Refused" Appears in DPS Database and BAC Test Results Remain Undetermined.

Hospital 138 37.3

Hospital and Death was Delayed 93 25.l

Medical Examiner Office 20 5.4

County Morgue 24 6.5

Funeral Home 84 22.7

Dead at Scene/No Information 11 3.0

Total 370 100.0

28


delayed death after reaching the hospital. In these cases, it is understandable that BAC testing

would be difficult. However, another 25 percent were sent to a county morgue or funeral

home after the crash, and there is no indication that tests for alcohol were conducted.

29


CONCLUSIONS AND RECOMMENDATIONS

Although reductions in alcohol-related fatalities have been noted across the country in

the past decade, the drunk driving problem continues to be one of the most serious threats to

the health and safety of the American public. According to the National Highway Traffic

Safety Administration, an average of one alcohol-related traffic fatality occurs every 32

minutes; and about 3 in every 10 Americans will be involved in an alcohol-related crash at

some time in their lives (NHTSA, 1998). Furthermore, the economic and societal costs

associated with drunk driving crashes are staggering.

The search for effective countermeasures to combat the drunk driving problem has

intensified in the past decade, and the social climate has changed such that drinking-and

driving is no longer an acceptable behavior. However, the development and implementation

of effective alcohol countermeasures to reach those persons still engaging in this dangerous

behavior depends on accurate assessments of the nature and magnitude of the problem as it

exists today.

Missing BAC test results continue to severely limit our ability to identify and describe

the drunk driving problem in Texas. Tremendous improvements in BAC reporting were seen

from 1983 to 1993. However, the evidence presented in this report suggests an overall

downward trend in the testing and reporting of BAC information from 1993 to 1997. The

number and percentage of fatally injured drivers whose BAC test results were reported in the

DPS database fell from 934 (54.6 percent) in 1993 to 746 (39.3 percent) in 1997. As noted on

pages 17 and 18 of this report, the BAC test results for 165 of the "Results Unknown" cases

and 302 of the "No Test/Refused" cases in 1997 were located in the files at the Medical

Examiner Offices. That is, BAC information was available on an additional 467 drivers whose

test results had not been included in the 1997 database. Had these test results been included in

the DPS database for 1997, there would have been verifiable test results on 1,213 drivers (or,

64 percent) rather than the 746 persons who represented fewer than 40 percent of the driver

fatalities that year.

A comparison of the data from each county contained in Table 2 of this report shows

the status of BAC test results on fatally injured drivers for 1993, 1995, and 1997. Although it

30


is difficult to draw direct comparisons across counties with vastly different numbers of driver

fatalities, several counties indicate a need for improved BAC testing and reporting. For

example, in Bexar county in 1993, BACs for 38 drivers were tested and reported while only

11 persons were not tested. In contrast, only 9 drivers had BA Cs tested and reported in 1997,

and 45 persons were not tested. By comparison, Bowie county has shown a significant

improvement in the testing and reporting of BA Cs from 1993 to 1997. Only one driver BAC

was missing from that county's data in 1997. As a first step toward improving BAC testing

and reporting in Texas, each county should be made aware of their standing in this study as

indicated by the information contained in Table 2.

The detailed analysis of the status of BAC test results for 1997 contained in this report

provides additional insight into the need for more uniform BAC testing and reporting in Texas.

The information provided in Table 7 on page 21 indicates that almost one-half of the driver

fatalities investigated by the Sheriffs Office had unknown BAC test results. Similarly, almost

one-half of the fatalities investigated by City Police went untested according to the information

contained in the database. Although DPS officers tested and reported BACs for 51 percent of

the driver fatalities they investigated, the results of the present study demonstrated that BAC

test results were available at the Medical Examiner's office for at least 64 percent of the

drivers who were fatally injured in 1997. Thus, there is ample room for improvement in the

testing and reporting of BAC data by all of the law enforcement agencies that investigate

traffic crashes.

Table 8 on page 22 shows that law enforcement officers cited "Driving While

Intoxicated (DWI)" as a contributing factor in about 30 percent of the driver fatalities in 1997.

The results in Table 9 confirm that, in about 62 percent of the cases where DWI was cited as

contributory, the drivers had BACs > .10. However, in almost one-fourth of the cases, the

BAC test results were unknown or there was no BAC test ordered by the investigating officer.

One can only wonder why, if an officer suspects DWI, he or she does not make certain that a

BAC test is conducted and follow through to ensure that the results are forwarded for inclusion

in the database.

Perhaps the strongest evidence that investigating officers are not acquiring all available

BAC test information comes from the revelation that almost one-half (46.5 percent) of the

31


"Unknown" and "No Test" cases had BAC test results at the Medical Examiner Offices. These

467 drivers represent 25 percent of the 1,896 driver fatalities in 1997, yet none of these BAC

results are in the DPS database.

The information contained in Tables 15 and 17 indicates that 142 of the 537 cases with

"Undetermined" results were taken directly to funeral homes following the crashes. At least 50

of these persons had blood samples taken, but there were no BAC results reported in the

database. A review of the protocol and procedures for ensuring that this information is

incorporated into the database is likely warranted. A similar review of the policies and

procedures for acquiring BAC test results from hospitals and county morgues should also be

conducted to identify loopholes in the testing and reporting of data on fatally injured drivers.

The fact that such a large portion of the missing BAC test information was available at the

Medical Examiner Offices points toward the need to emphasize to the law enforcement officers

who investigate the crashes the importance of acquiring this information for inclusion in the

Texas Accident Database.

Inteniews with Medical Examiners and DPS Officials

As part of the effort to determine the reasons for missing BAC test results, interviews

with Medical Examiners and DPS officials were conducted. The Medical Examiners affirmed

that it is rare that toxicological testing is not conducted on deceased persons whose deaths are

investigated by their office. The most common reasons for not testing for alcohol and/or other

drugs are: (1) the family of the deceased requests that no testing and/or autopsy be performed;

or (2) the bodily fluids are not readily available for testing due to the condition of the body of

the deceased. Otherwise, the toxicological testing is conducted routinely. Indeed, the

information contained in Table 13 on page 25 of this report indicates that only 39 of the 467

cases located in the files at the Medical Examiner's Office were either not tested or the test

results were not available.

Interviews with DPS officials concerning the missing BAC test results revealed that

officers are instructed to retain incomplete crash reports until all of the information has been

obtained. Alternatively, the officers are instructed to provide supplemental reports upon the

receipt of additional information. It is the responsibility of the individual law enforcement

officer who investigates the crash to follow up and obtain all information relating to the crash.

32


The information contained in this report concerning the extent of non-testing/non-reporting by

the law enforcement agencies and counties in which the crashes occurred is intended to provide

an indication of which agencies and counties bear the greatest responsibility for missing BAC

test results.

At least one official at the Traffic Law Enforcement Headquarters of DPS suggested

that the names and badge numbers of the officers responsible for missing BAC results should

be transcribed from the crash reports and submitted to the appropriate agency for follow-up

with the individual officers. It is recommended that a study similar to the one presented herein

should be conducted using the 1998 Texas driver fatality data. One of the principal products

of such a study might be the compilation of a list of law enforcement officers and cases with

missing results.

A change in the way alcohol and other drug test results are being reported in the crash

data file is also needed. Since alcohol test results and drug test results for one individual

cannot both be reported under the existing scheme, some information is being lost regarding

the magnitude of impaired driving among crash-involved drivers. The present system often

does not allow determination of combinations of drugs and alcohol. Thus, separate fields for

coding alcohol and other drug test results are needed. Also, the testing and reporting of drugs

should always be in addition to testing and reporting for alcohol, not in lieu of alcohol

testing.

One of the major objectives of traffic safety evaluations is to determine the causal role

of alcohol in all types of traffic crashes (Ostrom et al., 1992). The collection of accurate,

representative data about alcohol-related traffic fatalities is important for determining the

extent of the contribution of alcohol to such injuries (Webb, 1995). Such analyses allow

traffic safety specialists to identify high-risk groups to be targeted for intervention programs,

establish baseline measures against which successes can be measured, and determine changes

in incidence over time as countermeasures are implemented.

An accurate picture of this information is necessary to support interventions against

persons who choose to participate in the traffic system while intoxicated. With low rates of

alcohol testing and reporting, there is no doubt that biases exist in the selection of cases for

analysis. More reliable data is necessary before any meaningful conclusions can be drawn

33


about the effects of our efforts to lower the number of alcohol-related traffic fatalities in

Texas.

34


REFERENCES

American Association for Automotive Medicine Resolution, "Testing for Blood Alcohol Concentration," AAAM Qllarterly Journal 8 (1) : 5-6, January 1986.

Davies, B.T. (1999). Alcohol Involvement in Texas Driver Fatalities - 1997 Data. Texas Transportation Institute, Texas A&M University System.

Fell, J.C., "Alcohol in Fatally Injured Drivers - 1984," AAAM Quarterly Jouma] 7 (4) : 28, October 1984.

National Highway Traffic Safety Administration, "Alcohol," Traffic Safety Facts 1997, 1998.

National Transportation Safety Board, Safety Recommendation(s) H-85-49 and -50, Washington, D.C., issued December 6, 1985.

Ostrom, M., Huelke, D.F., Waller, P.F., Eriksson, A., & Blow, F. (1992). Some biases in the alcohol investigative process in traffic fatalities. Accident Analysis & Prevention, M(5), 539-545.

Pendleton, 0. J. , Crowell, S. , and Bremer, R. , A lcobol Involvement in Texas Driver Fata]ities: Accident Reports ys Blood Alcohol Concentration, Texas Transportation Institute, Texas A&M University, September 1984.

Webb, G.R. (1995). A filter model to describe bias in official statistics on alcohol-related injuries. Accident Analysis & Prevention, 21(5), 687-697.

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Analysis of BAC Testing and Reporting in Texas

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