U.S Department of Transportation
National Highway Traffic Safety Administration

Examining the Effectiveness of Utah's Law Allowing for
Telephonic Testimony at ALR Hearings


TABLE OF CONTENTS

TECHNICAL REPORT DOCUMENTATION PAGE
ACKNOWLEDGEMENTS
EXECUTIVE SUMMARY
METHOD
BACKGROUND
Findings
CONCLUSIONS AND RECOMMENDATIONS


CHAPTER 1 - Introduction
BACKGROUND
OBJECTIVE
PROJECT SCOPE AND APPROACH
ORGANIZATION OF THE REPORT


CHAPTER 2 - Program Description
SITE DESCRIPTION
DUI-RELATED ALR SANCTIONING POLICY IN UTAH
PROBLEMS WITH ALR LAW IMPLEMENTATION IN UTAH
Lack of Awareness – Right to an ALR Hearing
ALR Hearings Used as Discovery Tool
Closing Statements at an ALR Hearing
Law Enforcement Officers - Costs to Appear
Law Enforcement Officers – Failure to Appear

CHAPTER 3 – PROJECT EVALUATION
APPROACH
PROCESS DESCRIPTION
Driver License Seizure
Request for an ALR Hearing
Conditions for an ALR Hearing
Administrative Hearings On Driver License Actions
Outcome of ALR Hearings
Resolution of Conflicts/Appeals
DATA ANALYSIS
REFLECTIONS OF PARTICIPANTS
State Officials
Hearing Officers
Law Enforcement
Defense Attorneys

CHAPTER 4 – RESULTS
FINDINGS
PROGRAM IMPACT
CONCLUSIONS AND RECOMMENDATIONS
APPENDICES

FIGURES

Figure 3‑1: DUI Arrests in Utah by Month, January 1995-January 2002

Figure 3‑2: ALR Hearings in Utah by Month, January 1995-January 2002

Figure 3‑3: ALR Hearings in Utah by Year and Violation Type, 1995-2001

Figure 3‑4: Mean Time from Arrest Date to ALR Hearing in Utah by Year, 1995-2001

Figure 3‑5: Telephone ALR Hearings as a Percent of All ALR Hearings in Utah by Month, January 1998-January 2002 

Figure 3‑6: No-Action Hearings with no Peace Officers (POs) Present as a Percent of All No-Action Hearings In Utah by Month, January 1995-January 2002

Figure 3‑7: Police Officers’ Responses to the Law Allowing Telephonic Hearings, by Agency Type 

Figure 3‑8: Police Officers’ Awareness of Current Capabilities for ALR Hearings, by Agency Type 

Figure 3‑9: Police Officers’ Responses to the Question Asking if They Were Adequately Trained in ALR Hearing Procedures, by Agency Type

Figure 3‑10: Respondents’ Belief That They Had Been Adequately Trained to Handle Questions by Defendants, Defense Attorneys, and Hearing Officers in ALR Hearings

Figure 3‑11: Self-Reported Number of DUI Arrests for Impaired or Intoxicated Driving Offenses by Type of Law Enforcement Agency

Figure 3‑12: Estimated Number of DUI Arrests Per Officer for Impaired or Intoxicated Driving Offenses by Type of Law Enforcement Agency