The Drunk Driving Trust Fund (DDTF) was created by Massachusetts General Law (MGL) Chapter 52 of the Acts of 2002, which enacted Section 66 of Chapter 10 and changed Section 24(1)(a)(1) of Chapter 90 of the MGL (see I. INTRODUCTION, C. Drunk Driving Trust Fund, ii. Legislation). In accordance with the requirement of the Drunk Driving Trust Fund enabling statute, MOVA met with representatives of the Massachusetts Chapter of Mothers Against Drunk Driving and the Department of Public Health’s Bureau of Substance Abuse to establish criteria for the distribution of these funds to service providers. In the winter of 2003, MOVA contacted other states’ service providers to this victim population to gather information that was used to help inform these guidelines. Awards were first made in 2004 and are currently procured on an annual basis.
The governing statute was most recently updated in July 2012. These updates allow the Victim and Witness Assistance Board to approve grant funds for awards to community-based programs and public agencies in the Commonwealth to provide counseling, advocacy, and support services to victims, witnesses, and their family members of crashes caused by persons driving under the influence of drugs and alcohol. The Board, at their discretion, may also permit the allocation of funds for the purpose of impaired driving prevention, education, and training services.
Purpose of the Drunk Driving Trust Fund
DDTF funding is intended to provide services that directly assist victims, witnesses, and their family members and will aid the needs of victims of impaired/OUI driving incidents. Services include, but are not solely limited to, advocacy, support, and counseling. Prevention, education, and training activities are also considered allowable activities.
OUI related offenses are not limited to cars, any motor vehicle such as a boat or motor cycle counts. Fees assessed to offenders are assessed to all OUI incidents whether a victim was involved or not.
Services funded by the DDTF are meant solely for victims of OUI related crimes and incidents. To be eligible for services under the Drunk Driving Trust Fund, a victim must have been involved in an Operating Under the Influence incident (MGL Ch. 90 Section 24 “Driving While Under Influence…”) and either be a resident of Massachusetts or the incident must have occurred in Massachusetts. A criminal charge is not necessary for a victim to be eligible for services.
MGL Chapter 52, Section 66, Chapter 10 – Victims of Drunk Driving Trust Fund (Please click here for a web link for the full text):
This law establishes a separate fund known at the Drunk Driving Trust fund, consisting of monies paid to the courts (MGL Ch. 90, Section 24). The Victim Witness Assistance Board (VWAB) is required to submit a report detailing the amount of funds collected and expended from the fund, along with a copy of the written criteria to expend the funds to the House and Senate committees on ways and means, no later than August 15 of each calendar year. In conjunction with the Department of Public Health’s Bureau of Substance Abuse and the Massachusetts chapter of Mothers Against Drunk Driving, the VWAB shall develop written criteria for the awarding of grants another funding allocations, which shall be evaluated and, if necessary, revised on an annual basis.
Enables the VWAB/MOVA to:
- Administer grants from the fund
- May award them to community-based programs and public agencies in the Commonwealth
- Allow service agencies to provide counseling and support services to victims, witnesses, and their family members of crashes cause by persons driving under the influence of drugs and alcohol.
MGL Chapter 90, Section 24. (1) (a) (1) (Please click here for a web link for the full text):
In summary, this law establishes an assessment of $50.00 against a person, who is convicted, placed on probation, granted a continuance without a finding or admits to sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marijuana, narcotics drugs, depressants, or stimulant substances.
The assessment shall not be waived by the court for any reason. The monies collected pursuant to the fees shall be transmitted monthly by the courts to the state treasurer who shall deposit, invest, and transfer the monies into the Victims of Drunk Driving Trust Fund, established in section 66 of said chapter 10.
Fees paid by an individual into the Drunk Driving Trust Fund shall be in addition to, not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter.
DDTF Prevention Request for Information
The Massachusetts Office for Victim Assistance (MOVA) is soliciting proposals from non-profit and public organizations/agencies currently providing or seeking to provide Drunk or Drugged Driving Prevention activities in the Commonwealth of Massachusetts. The purpose of this request is to inform MOVA of potential projects and develop an open-bid RFR for prevention activities funded through the Drunk Driving Trust Fund established in M.G.L. Chapter 10, Section 66.