By State Rep. Jeff Hilovsky
Imagine a sudden phone call in the dead of night: a loved one, gone in an instant, stolen by a driver who chose to get behind the wheel impaired. This isn’t just a nightmare—it’s a heartbreaking reality for too many Delaware families.
Nationally, 12,429 people died in alcohol-impaired driving crashes in 2023, accounting for 30% of all traffic fatalities–one life tragically ended every 42 minutes. Delaware had similarly dire statistics. In 2024, there were 1,132 alcohol-related crashes claiming 33 lives.
Our highways have become battlegrounds where alcohol and drugs claim innocent lives, leaving behind shattered dreams and empty chairs at family tables. As a Delawarean who has witnessed the toll of these tragedies through friends and community stories, I can’t help but feel a deep, urgent sorrow. We must confront this crisis head-on, especially now, as our state grapples with multiple repeat DUI offenders and the consequences of marijuana legalization.
After multiple meetings and conversations with concerned constituents, I authored House Joint Resolution 4 (HJR 4). Passed earlier this year, this measure established the Driving Under the Influence (DUI) Prevention Task Force to unravel the roots of our persistent DUI problem.
Nationally, one-third of those arrested for drunk driving have prior convictions, and drivers in fatal crashes with high blood alcohol concentrations are six times more likely to have previous DUI convictions. In Delaware, while repeat offender data is limited, the state had more than 2,700 DUI arrests in each of the last two years. Thirty-nine percent of fatal crashes from 2020-2024 involved alcohol or drugs.
Citizens are alarmed and have questions. Why do we have so many chronic DUI offenders? Is lax prosecution to blame? Are we failing to effectively deal with alcohol addiction, leaving individuals trapped in cycles of despair and dependency without access to adequate support and treatment? Is Delaware’s DUI framework fractured, outdated, and falling short of protecting the public?
My intent in forming this task force was for it to actively seek solutions to curtail the deaths, injuries, and personal trauma resulting from impaired driving.
Adding to the urgency of the task force’s mission is a new, looming threat—one of our own making.
In 2023, Delaware legalized recreational marijuana sales. While we are one of 24 states to take this step, which was widely applauded by many, it carries consequences.
When the legalization bill was being considered, the Medical Society of Delaware offered detailed testimony about the dangers of enacting it. As a retired medical professional, I voted against the measure because of its potential for harm to users, including the fact that current marijuana strains have vastly increased THC potency (a higher potential for intoxication).
I was also extremely concerned that, unlike alcohol, there is no cannabis Breathalyzer equivalent to provide police with clear evidence of marijuana impairment during a vehicle stop. Officers must rely solely on field sobriety tests—such as walking a straight line or standing on one foot—that are entirely subjective and of limited evidentiary value in prosecuting DUI cases.
Nationally, more than half (56%) of people injured or killed in crashes tested positive for alcohol and/or drugs between 2019-2021, with 25% positive for cannabis. In Delaware, cannabis was found in 22.7% of DUI drug cases in FY 2024, and cases of cannabis-impaired driving have risen over the past five years. This was before recreational legalization!
Delaware State Police say they plan to increase training and will rely on sobriety testing. Still, without technology to determine intoxication levels, they are at a significant disadvantage and in a game where lives are at stake.
The emotional weight of these issues is profound. I’ve spoken with survivors who describe the void left by a DUI crash—not just the physical scars, but the endless “what ifs” that haunt them. One mother shared how her son’s death from a repeat offender’s recklessness robbed her of grandchildren she’ll never hold. Another family worries about marijuana’s normalization, fearing it sends youths the message that “it’s legal, so it must be safe.”
While I know marijuana advocates will take issue with my stance, I believe the facts I have presented are unassailable. Safety isn’t guaranteed without accountability.
We stand at a crossroads. I hope that the DUI Prevention Task Force will recommend reforms like enhanced addiction treatment, effective prosecution of chronic offenders, and testing and adoption of innovative technologies for marijuana impairment detection.
Lawmakers, law enforcement, and communities must unite, not in blame, but in shared purpose: protecting every Delawarean who uses our roads. Let’s turn our collective empathy for those who have suffered tremendous loss into actionable solutions. We must ensure our streets are places of safe passage, for the sake of our families and our future.
NOTE: The Driving Under the Influence Prevention Task Force held its first meeting yesterday (10/16). For more information, click here.
