It seems fewer fatal crashes in Utah involved alcohol in 2002 than the year before. But because of an oddity in Utah law, some drivers who die in crashes aren't tested for blood alcohol content, so officials who track DUI issues here aren't sure how encouraged to be by new data released by the National Highway Transportation and Safety Administration.
Fifty-eight people died in alcohol-related crashes in 2002 compared to 68 in 2001, according to the new data. Those fatalities made up 16 percent of all fatal crashes in Utah in 2002, down from 23 percent in 2001, according to NHTSA data.
But a new "Rating the States" report published by the national Mothers Against Drunk Driving group downgraded Utah from an A-minus to a B-minus for 2002 — and cited Utah's lackluster efforts to test the blood of dead drivers as one of the reasons it lowered the state's grade.
"The figure may lack the rigor we need to draw any real conclusions because it is reported that in Utah we only test about 56 percent of drivers killed in accidents," said Art Brown, president of the Utah chapter of Mothers Against Drunk Driving, who said he was initially delighted the percentage of alcohol-related fatalities had decreased. Now he questions the true significance of the data.
"It is difficult to get too excited about the number when the percentage testing is reported so far below the national average," he said.
Utah law creates a loophole that makes it difficult to tell which victims of fatal accidents have been tested for alcohol and drugs in their system and which haven't.
"Utah's weird," says Utah State Medical Examiner Todd Grey. Highway accident deaths are not automatically considered to be under the state medical examiner's office like any other traumatic injury death.
If a Utahn dies in a plane crash, falling off a horse or falling from a cliff, the medical examiner's office is called. But in fatal car crashes, police at the scene must "invite" the medical examiner into the case.
If asked to participate in a fatal accident, the medical examiner routinely does toxicology and alcohol tests on the victim, driver, passengers, pedestrians, or whomever.
But reporting problems arise in rural areas or counties where local police believe circumstances of an accident are clear and they don't need a medical examiner. In the case of an accident where a single car is involved and the driver is deceased, for example, a police agency may or may not call the medical examiner's office.
"So we may be missing some of the information, yes," Grey said.
In a fatal accident or one that looks like a person has been injured badly enough to die from injuries, Utah Highway Patrol troopers seek a blood draw from both drivers — regardless of whether they suspect impairment, said Lt. Mike Rapich of the Utah Highway Patrol, who has been working Utah's highways for 11 years.
There have been some cases where there haven't been blood draws in fatal accidents but that's a rarity, said Rapich, who supervises troopers who patrol state throughways in Salt Lake County.
But Grey said smaller county or city law enforcers may not have the equipment to conduct toxicology tests and may simply call a local funeral home to pick up the accident victim's body. In that case, no state official is ever involved, no blood test taken and so someone who may have had alcohol or drugs isn't reported as such in state records.
And this becomes a problem for those who track DUI issues, because there is really no way to tell whether more or fewer drunken drivers are involved in fatal crashes.
"To really draw any real conclusions one would feel more comfortable if the Utah data was based on something near a 100 percent testing as required by law," said Brown. "Then we could begin to get a better total picture of what is happening with DUI crime here in Utah and its impact on its citizens."
Utah has a law that requires officials to test the blood alcohol content of drivers killed in crashes, confirms Teri Pectol, of the Utah Highway Safety office.
But according to research conducted by MADD, those tests are done only 56 percent of the time, compared to 76 percent nationwide, according to the "Rating the States" report. Utah "needs a program to increase the testing rate of killed drivers," the report states.
There is clearly confusion about who is responsible for making sure the law is followed.
Pectol said chemical analysis is supposed to take place at the state's health laboratory, then the Bureau of Health Statistics in the health department is supposed to give a report to the Commissioner of Public Safety. "The problem is we aren't getting those reports," she said.
But Jana Kettering, spokeswoman for the health department, said they get the number of fatalities from the Utah Office of Public Safety. "But we all agree that the data is incomplete — that it's hard to establish the denominator. We know how many cases we test for blood alcohol and drug levels, but not all are reported to the medical examiner. We estimate 30 to 40 percent are seen by the medical examiner."
However, testing of surviving drivers is higher than the national average, and local law enforcers confirm this is an important part of their job.
"That's part of gathering evidence we need," said Salt Lake police detective Dwayne Baird.
If troopers suspect a person has been driving under influence of alcohol, officers conduct sobriety tests, place the person under arrest and request a test of the person's blood alcohol, said Sgt. Daniel Fuhr, who is head of the DUI squad for the Utah State Highway Patrol.
MADD issues the "Rating the States" report every two years to focus public and political attention on drunk driving. And teetotaling Utah has always received a good grade.
It is the only outside independent systematic review of state laws and programs related to DUI, and it provides commentary on how individual states can take action to save lives.
"The recent trends in alcohol-related traffic fatalities demonstrate to others what MADD has known all along: we have not eliminated drunk driving in America," the report reads. "In addition to filling us with horror and sorrow, the new statistics reinforce MADD's resolve to solve the problem."
Because Utah has yet to conduct a thorough review of DUI concerns here, the MADD report card is important, Brown said.
"You just can't take a look at one figure and assess your DUI efforts," Brown said. "We want to look at the broad picture."
E-MAIL: lucy@desnews.com