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IGNITION INTERLOCKS How To Use Them Effectively to Reduce Drunk Driving

IGNITION INTERLOCKS How To Use Them Effectively to Reduce Drunk Driving. Richard Roth, PhD. Research Supported By NM TSB, NHTSA, PIRE, RWJ, and MADD. 2013 Lifesavers Conference April 14-16, 2013. One Slide Summary!. FORCE ALL drunk drivers to install IID’s (specific deterrence)

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IGNITION INTERLOCKS How To Use Them Effectively to Reduce Drunk Driving

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  1. IGNITION INTERLOCKS How To Use Them Effectively to Reduce Drunk Driving Richard Roth, PhD Research Supported By NM TSB, NHTSA, PIRE, RWJ, and MADD 2013 Lifesavers Conference April 14-16, 2013

  2. One Slide Summary! • FORCE ALL drunk drivers to install IID’s (specific deterrence) • Compliance Based Removal • Advertise your IID Program (general deterrence) • Research your success. 2013 Lifesavers Conference

  3. License Revocation vs Interlock Revoked Interlocked 2013 Lifesavers Conference

  4. Second and Third Offenders 2013 Lifesavers Conference

  5. First Offenders 2013 Lifesavers Conference

  6. This Is What We Want To Prevent Drunk Driver Plows into Mexican Bike Race One Dead, 10 Injured , June 1, 2008 2013 Lifesavers Conference

  7. This is What I Want to Save 2013 Lifesavers Conference

  8. My Goal isto Reduce Drunk Driving by research to identify… and advocacy to implement… the most effective, cost-effective and fair initiatives. 2013 Lifesavers Conference

  9. Recidivism: Interlock vs. Hard Revocation 2013 Lifesavers Conference

  10. 44% Lower 54% Lower 62% Lower 2013 Lifesavers Conference

  11. 4. 2013 Lifesavers Conference

  12. 5. 2013 Lifesavers Conference

  13. 6.NM Alcohol-Involved Fatalities Decreased 38% 2013 Lifesavers Conference

  14. Interlocks Up Fatalities Down 2013 Lifesavers Conference

  15. http://www.rothinterlock.org/2012surveyofcurrentlyinstalledinterlocksintheus.pdfhttp://www.rothinterlock.org/2012surveyofcurrentlyinstalledinterlocksintheus.pdf 2013 Lifesavers Conference

  16. 2013 Lifesavers Conference

  17. 2013 Lifesavers Conference

  18. 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. 2013 Lifesavers Conference

  19. 2012 Highway Bill Removes Restrictions and Offers Grants • The Hard-revocation-period-before-interlock for subsequent offenders has been removed. • Federal restrictions on where and when an interlocked offender may drive have been removed. • Federal grants will be given to states that enforce an all-offender interlock law. 2013 Lifesavers Conference

  20. 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 2013 Lifesavers Conference

  21. Why Interlock Drunk Drivers? • Interlocks are the most effective DWI sanction. 99.993% of Interlocked Days are No-DWI days*. • They are the most cost-effective sanction. The cost is $2.50/day paid by the offender. • They are perceived as fair by 85% of offenders • 70% less recidivism than license revocation • They are paid for by offenders • They supply 24/7 supervised probation * While 48,274 NM offenders were interlocked for 23,204,035 days, they had 1538 DWI arrests. That’s 1 arrest per 15,000 days 2013 Lifesavers Conference

  22. What Works? • All DWI offenders must be included • Must be mandatory not just voluntary • Avoid hoops: (pre-requisites to interlock) • Close loopholes • Compliance-Based-Removal • Triage to stiffer (and more costly) penalties • Indigent support • Promotion of General Deterrence 2013 Lifesavers Conference

  23. First Offenders are Biggest Problem 2013 Lifesavers Conference

  24. BAC Distributions by Arrest Number Are Similar 2013 Lifesavers Conference

  25. 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. 2013 Lifesavers Conference

  26. Model Ignition Interlock Programby Dick Roth October 10, 2012 page 1 of 2 • 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. 2013 Lifesavers Conference

  27. Model Ignition Interlock Programby Dick Roth October 10, 2012 page 2/2 • 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……. By voiding Vehicle Registration until interlock is installed or offender is adjudicated not guilty ..(Alternative: 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. (e.g.. ≥ 5000 miles and ≥ 1 year with no recorded BAC>0.05 by any driver) . • Criminal sanction for circumvention of IID. 2013 Lifesavers Conference

  28. 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 2013 Lifesavers Conference

  29. III.3 2013 Lifesavers Conference

  30. I.2. Increase the Incentives AdministrativeIncentives • Right to Drive Legally • Required for an Unrestricted License • Avoid Recording of First Conviction • Shred Plate..Right to Re-register Vehicle • Condition of Bond on arrest • Condition of Probation on conviction • Avoid Electronic Sobriety Monitoring • Reduce or Avoid Jail time ~15% JudicialIncentives >70% 2013 Lifesavers Conference

  31. I.3. Eliminate HoopsNo Pre-requisites for Interlock • 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 2013 Lifesavers 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 2013 Lifesavers Conference

  33. I.5. Triage Up in Sanctions • Extension of Interlock Period • Photo Interlock • Home Photo Breathalyzer • Continuous BAC monitoring • Treatment • House Arrest • Jail 2013 Lifesavers 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. 2013 Lifesavers Conference

  35. 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% 2013 Lifesavers Conference

  36. Richard Roth, PhDExecutive Director Impact DWIRichardRoth2300@msn.comwww.RothInterlock.org Thank You! Impact DWI Websites www.ImpactDWI.org .www.PEDAforTeens.org 2013 Lifesavers Conference

  37. 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. 2013 Lifesavers Conference

  38. VIII. 2. Recidivism vs Duration of Interlock….PRELIMINARY DATA 1 year is Best More than 2 years is best A year or more is best More than 2 years is best 2013 Lifesavers Conference From T4 101126.sav, T5 101128.spo

  39. Evidence of Specific Deterrence 2013 Lifesavers Conference

  40. VIII.6. Who Dies in Alcohol-Impaired Crashes? 2013 Lifesavers Conference

  41. III.1. The New Mexico Laws • 1999 Optional Judicial Mandate for 2nd and 3rd DWI • 2002 Mandatory Judicial Sanction for 1st Aggravated and All Subsequent Offenders • 2002 Indigent Fund • 2003 Ignition Interlock License available for all revoked offenders with no waiting period. (Admin. Prog. For All) • 2005 Mandatory Judicial Sanction: 1 yr for 1st; 2 yrs for 2nd; 3 yrs for 3rd; and lifetime with 5 yr review for 4+ • 2005 ALR and JLR periods increased • 2009 No Unrestricted License without Interlock Period • 2010 Objective Standard for Indigency 2013 Lifesavers Conference

  42. V. Loopholes that Remain in NM • “No Car” or “Not Driving” excuse SB306 2011 • No interlock between arrest and adjudication (Learning, DWI, Absconding) SB308 2011 • Ineffective Penalty for DWR ..SB307 2011 • Possibility of waiting out revocation period without installing an interlock • No Objective Standard for Indigency • Insufficient Funding: Increase Alcohol Excise Tax • Refusals and Drugs Warrants for BAC SB387 2011 2013 Lifesavers Conference

  43. 8. 38 % Reduction 2013 Lifesavers Conference

  44. 7. 2013 Lifesavers Conference

  45. Administrative and/or Judicial • In administrative programs, MVD’s revoke licenses of arrested and/or convicted DWI offenders but allow them to drive legally while revoked if they install interlocks. • In judicial programs, judges mandate that convicted offenders install interlocks as a condition of probation. • Some states have both in series (e.g. Florida) or parallel (e.g. New Mexico). 2013 Lifesavers Conference

  46. Basic Administrative Program • An Interlock Licensing Law that makes an interlock license available to anyone revoked for DWI who installs an interlock • Permits driving anywhere anytime in a vehicle with a functioning interlock • License Fee offsets MVD costs Problems Only 10-20% will install. The worst offenders will not. Most offenders will choose revocation over interlock. HOOPS: Pre-Interlock requirements will further reduce compliance. There will be little overall reduction in drunk driving. 2013 Lifesavers Conference

  47. Enhanced Administrative Program • Compliance Based Removal; eg 6 months and 5000 miles of no recorded BAC’s > 0.04% • Required for reinstatement of unlimited license • Vehicle Forfeiture for driving while revoked without an interlock. • No Hoops (pre-interlock requirements) Problems It still is a voluntary program. Most offenders will choose to drive without a license. There is a low probability of apprehension for DWR. The worst offenders will not be interlocked. Result: many unlicensed and uninsured bad drivers 2013 Lifesavers Conference

  48. Basic Judicial Program • Option for Judge to mandate an Interlock sanction as a condition of probation. Problems Many judges will not mandate an interlock Many offenders will plea away interlock sanction Many offenders will just not comply. Offenders will claim “not driving” or “no car”. Those who need it most will not be interlocked. Result: many unlicensed and uninsured bad drivers 2013 Lifesavers Conference

  49. Enhanced Judicial Program • Mandatory Judicial Interlock sanction as a condition of probation • Require report to court of installation within 2 weeks • One year for 1st, 2 yrs for 2nd, 3 yrs for 3rd, Lifetime for 4th. • Compliance Based Removal: with carrots and sticks • Home Photo Breathalyzer for those who claim “no car” or “not driving” (Alcohol-free breath twice per day) • Offender financed indigent fund with objective standards Problems Such a program does not yet fully exist. Requires some administrative components Often monitoring reduces cost-effectiveness Possibility of pleas from DWI to careless or reckless 2013 Lifesavers Conference

  50. Add On’s • Focus probation resources on those who do not install IID’s • Criminal sanction for attempts to circumvent interlock • IID probation review every six months • Triage of sanctions for those who are not compliant. • No pleas from DWI to careless or reckless driving • Interlock as a condition of bond Suggested Triage for Non-Compliance Photo Interlock Require morning and evening breath tests Screening and Treatment if indicated Continuous Alcohol Monitoring (eg SCRAM or TAC) DWI Court 2013 Lifesavers Conference

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