*This report was replaced in its entirety by the Virginia State Crime Commission on July 31, 2023.

During 2022, Crime Commission staff conducted a comprehensive review of Virginia’s driving under the influence (DUI) laws, including the impacts of these laws, reasons for any variations in DUI trends, and issues related to drug-impaired driving. In addition, staff completed its examination of parole in Virginia and continued its work on the expungement and sealing of criminal records. Staff also participated as a member of the Virginia Pretrial Advancement Team for the pilot of the Public Safety Assessment (PSA) by the Virginia Department of Criminal Justice Services.

The Crime Commission met on November 16th and December 5th of 2022, and on January 10, 2023. During the November 16th meeting, staff presented on DUI data and barriers to DUI enforcement. The Virginia State Police (VSP), Virginia Department of Forensic Science (DFS), Virginia Association of Commonwealth’s Attorneys, Commission on Virginia Alcohol Safety Action Program, Virginia Department of Motor Vehicles’ Highway Safety Office (DMV), and the Virginia Cannabis Control Authority also provided DUI-related presentations and recommendations.

At the December 5th meeting, the Virginia Criminal Sentencing Commission presented findings from the 2018 cohort of the Virginia Pretrial Data Project. Members also heard from key stakeholders involved in the implementation of the new criminal record sealing processes. Finally, staff provided numerous DUI-related matters for consideration by the Crime Commission, including two recommendations from staff and 10 policy options as requested by individual members.

Members unanimously endorsed various legislative, budgetary, and administrative actions during the December 5th and January 10th meetings. As a result, legislation was enacted during the 2023 Regular Session of the General Assembly to:

• require the DMV to collect existing data from various sources on DUI trends and enforcement across Virginia and publish an annual DUI report (SB 1398/HB 2204); and,

• address technical issues with Virginia’s new criminal record sealing processes and better facilitate the implementation of these processes (SB 1402/HB 2400).

In addition to legislation, budget amendments to the FY2024 budget were introduced to:

• require DFS to ensure that all DUI blood sample submissions are screened for the presence of drugs within drug classes;

• direct DFS to provide for both alcohol and drug testing of blood samples submitted for drivers killed in motor vehicle accidents; and,

• allocate additional funding for VSP to expand Drug Recognition Expert (DRE), Advanced Roadside Impaired Driving Enforcement (ARIDE), and standard field sobriety (SFST) training for both state and local law enforcement officers.

The General Assembly has not adopted an amended FY2024 budget as of the publication date of this report. Therefore, it is uncertain whether any of these budget amendments will be adopted.

Finally, the Crime Commission requested that the Office of the Executive Secretary of the Supreme Court of Virginia (OES) include DUI training, with a specific focus on drug-impaired driving, at the mandatory 2023 Judicial Conference of Virginia for District Courts. The OES advised that this request can be accommodated and plans to include it at the August conference.

Throughout the year, the Executive Director of the Crime Commission attends multiple meetings as the designee for the Chair of the Crime Commission on the Forensic Science Board, the Indigent Defense Commission, and the Advisory Committee on Sexual and Domestic Violence.

Additional information about the Crime Commission is available on the agency website at http://vscc.virginia.gov.