Status and Effectiveness of Ignition Interlock Laws

1. Status and Effectivenessof Ignition Interlock Laws Richard Roth, PhD Research Supported By NM TSB, NHTSA, PIRE, RWJ, and MADD 2012 MADD National Conference September 29, 2012

2. My Goal isto Reduce Drunk Driving by research to identify… and advocacy to implement… the most effective, cost-effective and fair initiatives. MADD National Conference

3. This Is What We Want To Prevent Drunk Driver Plows into Mexican Bike Race One Dead, 10 Injured , June 1, 2008 MADD National Conference

4. First Offenders are Biggest Problem MADD National Conference

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6. 1. Reduce First Arrests • Anti-DWI Advertising • Prevention Programs • The General Deterrent Effects of DWI Sanctions MADD National Conference

7. 2. Convict More Of Those Arrested • Training of police in collecting and presenting evidence of DWI • Video cameras on police cars . • Eliminate shortages of prosecutors. • Publicize records of judges who have the least recidivism of the offenders they adjudicate MADD National Conference

8. 3. Sanctions That Are Effective, Cost-Effective, and Fair • Ignition Interlock Devices (IID’s) • Community Service • Victim Impact Panels • Alcohol Screening • Treatment • DWI Courts • Jail MADD National Conference

9. An Ignition Interlock is anElectronic Probation Officer • Dedicated Probation Officer in Front Seat • On duty 24 hours per day • Tests and Records daily BAC’s • Allows only Alcohol-Free Persons to Drive • Reports All Violations to the Court/MVD • Costs Offender only $2.30 per day (1 less drink per day) Punishes Probation Violations Immediately MADD National Conference

10. Interlocks are Effective, Cost-Effective and Fair • Interlocks reduce DWI re-arrests by 40-90% • They reduce the economic impact of drunk driving by $3 to $7 for every $1 of cost. • Interlocks are perceived as a fair sanction by 81% of over 15,000 offenders surveyed. ..But they only work if… you get them installed. MADD National Conference

11. Evidence of Effectiveness • Recidivism After a DWI Arrest • Recidivism After a DWI Conviction • Overall Statewide Recidivism vs Time • Reduction in Alcohol-Involved Crashes • Reduction in Alcohol-Involved Injuries • Reduction in Alcohol-Involved Fatalities • Correlation between Interlocks Installed and Measures of Drunk Driving • New NHTSA Comparison Criteria: Alcohol-Impaired Driving Fatalities per 100 MVM • Opinions of Interlocked Offenders MADD National Conference

12. 1. Recidivism After a DWI Arrest in NM 77% lower 78% lower 84% lower 76% lower MADD National Conference

13. Three year effectiveness of interlocks for first offenders by BAC http://www.rothinterlock.org/threeyeareffectivenessofinterlocks_forfirstoffendersby_bac.pdf MADD National Conference

14. First Offenders are much more dangerous than the general population MADD National Conference

15. Recidivism: Interlock vs Hard Revocation MADD National Conference

16. 6.NM Alcohol-Involved Fatalities Decreased 38% MADD National Conference

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18. 8. 38 % Reduction MADD National Conference

19. Main Key to an Effective Program • The key to an effective interlock program is simply getting interlocks installed in the vehicles of arrested drunk drivers. • Nothing else…( reporting, inspecting, sanctioning, monitoring)… is as important. • These extra program components definitely add effectiveness, but they should be added only to the extent that funds are available. MADD National Conference

20. http://www.rothinterlock.org/2012surveyofcurrentlyinstalledinterlocksintheus.pdfhttp://www.rothinterlock.org/2012surveyofcurrentlyinstalledinterlocksintheus.pdf MADD National Conference

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24. Federal Laws vs Research Before 2012 1. No interlock without prior period of hard license revocation for subsequent offenders. 2. Interlocked offenders may only drive to work, school, or treatment. 1A. Interlocks are more effective than hard revocation. 1B. Most revoked offenders drive while revoked, DWR. 1C. Offenders learn that they can get by with DWR. 2A. Ignored and Ineffectual 2B. Reduces sober-driving training. MADD National Conference

25. 2012 Highway Bill Removes Restrictions and Offers Grants • Federal mandate of a hard-revocation-period-without-interlock for subsequent offenders has been removed. • Federal restrictions on where and when and interlocked offender may drive have been removed. • Federal grants will be given to states that enforce an all-offender interlock law. MADD National Conference

26. GoalAn Effective, Cost-Effective, and Fair Ignition Interlock Program That Reduces Drunk Driving Crashes, Injuries, and Fatalities. • Get interlocks installed ASAP after DWI. • Get all offenders to install. • Keep interlocks installed until there is evidence of changed behavior. Objectives in Performance Terms MADD National Conference

27. Model Ignition Interlock Programby Dick Roth December 7, 2010 • Mandatory Interlocks as a condition of probation for all convicted offenders. 1 yr for 1st, 2 yrs for second, 3 yrs for 3rd, and 5 yrs for 4 or more. • Electronic Sobriety Monitoring for convicted offenders who claim “no vehicle” or “not driving. Daily requirement of morning and evening alcohol-free breath tests as a condition of probation.(or $1000/yr for supervised probation) • An ignition interlock license available to all persons revoked for DWI with no other restrictions. Allow MVD to set fee to cover cost. MADD National Conference

28. Model Ignition Interlock Programby Dick Roth December 7,2010 continued • An Indigent Fund with objective standards such as eligibility for income support or food stamps. • Vehicle immobilization or interlock between arrest and adjudication. Offender’s choice. (or Void Vehicle Registration…… or Interlock as a condition of Bond) • Vehicle forfeiture for driving a non-interlocked vehicle while revoked for DWI. • Compliance Based Removal: No end to revocation period before satisfaction of at least one year of alcohol-free driving with an IID. (eg. ≥ 5000 miles and ≥ 1 year with no recorded BAC>0.05 by any driver) . • Criminal sanction for circumvention of IID. MADD National Conference

29. Interlocked Offenders Have Less Recidivism For up to 8 Years After Arrest MADD National Conference

30. I.2. Increase the Incentives AdministrativeIncentives • Right to Drive Legally • Satisfy one requirement for an Unrestricted License • Right to Re-register Vehicle • Condition of Probation • Avoid Electronic Sobriety Monitoring • Reduce or Avoid Jail time JudicialIncentives MADD National Conference

31. I.3. Eliminate the Hoops • Period of Hard Revocation (Re-define) • Fines and Fees Paid • Outstanding legal obligations • Alcohol Screening and Assessment • Medical Evaluation • DWI School • Victim Impact Panel • Community Service MADD National Conference

32. I.4. Close Loopholes Not convicted Waiting out Revocation Period “No Car” or “Not Driving” Excuse Driving While Revoked Driving a non-interlocked vehicle Few Warrants for Non-compliance MADD National Conference

33. I.5. Triage Up in Sanctions • Extension of Interlock Period • Photo Interlock • Home Photo Breathalyzer • Continuous BAC monitoring • Treatment • House Arrest • Jail MADD National Conference

34. III.6. What We Have Learned • Given a choice, most offenders choose revocation over interlock …and they keep driving after drinking. • First offenders must be included because they are 60% to 80% of all DWI offenders, and almost as likely to be re-arrested as subsequent offenders. • There must be an Interlock License available ASAP. • Revoked offenders are 3-4 times more likely to be re-arrested for DWI than interlocked offenders. • Hard revocation periods just teach offenders that they can drive without being arrested. • Judicial Mandates get more interlocks installed than Administrative requirements. MADD National Conference

35. VI.2 MADD National Conference

36. VI. 4. First Offenders are Just as Dangerous as Subsequent Offenders MADD National Conference

37. VIII. Miscellaneous Findings • Females are an increasing fraction of DWI • Longer interlock periods are more effective for subsequent offenders. • How do interlocked offenders get re-arrested for DWI? • Variations in Installation Rate by County. • Crime and Punishment • Who Dies in Alcohol-Impaired Crashes • BAC Limits by Country MADD National Conference

38. VIII.1. Female DWI’s in NM MADD National Conference

39. VIII.3. Sample of 15,109 Interlocked In New Mexico Arrested In Interlocked Vehicle N=~92 0.6% Arrested In Vehicle With a Different License Plate N=~287 1.9% Not Arrested While Interlocked N=14,730 97.5% MADD National Conference

40. VIII.6. Who Dies in Alcohol-Impaired Crashes? MADD National Conference

41. Richard Roth, PhDExecutive Director Impact DWIRichardRoth2300@msn.com Thank You! Impact DWI Websites www.ImpactDWI.org .www.PEDAforTeens.org MADD National Conference

42. After Thoughts • Reaction Time Interlock for Drugged Drivers • Diversion Program for first DWI, eg Oregon + • Plate Removal on Arrest (leave at jail to be recovered with contract of interlock installation, Successful Administrative Appeal or Judicial dismissal.) • Federal Grants for“Enforcing All-offender Interlock Law.” Define Enforcing as >50% inst. MADD National Conference