Ignition Interlock Devices: An Overview

1. Ignition Interlock Devices:An Overview John M. Priester NHTSA/ABA Judicial Fellow Administrative Law Judge Iowa Dept. of Inspections & Appeals

2. TIRF CURRICULUM The Traffic Injury Research Foundation (www.TIRF.CA) Four Components: • Research • Technology • Implementation • Legal Concerns

3. Research • IID Reduce recidivism 35-90% • Both first-time and repeat offenders • As long as it is installed Offenders comply with Orders to Install? • 25-75% of drivers continue to drive once suspended • Approximately 25% failed to install

4. Research cont. • Once installed, offenders comply? • Can info from IID predict future behavior? • High rate of BAC fails, likely recidivism • High BAC readings during early morning hours predictive of future DUIs • With more prior DUIs, more interlock warnings and failures logged during first 5 months of usage predict 60% of repeat DUI violations

5. What is an IID? • Device connected to starter/computer • Creates an open circuit • Driver provides breath sample • Must register under pre-set limit • Then open circuit is closed and vehicle starts

6. While Driving • Periodic running retests required • IID connected to starter, not engine • Will not cut off engine once started

7. Implementation • Goals of the program • Incapacitation • Deterrence • Punishment • Rehabilitation

8. Common Types of Programs • Court-based • Legal authority to insure compliance • Better position to monitor offenders • Can order pre-adjudication • Administrative/License-based • Can be uniformly applied throughout state • Can streamline communication

9. Program Funding • Offender-pay scheme • Cost approx. $70.00 to install and $70.00 monthly for monitoring • $3-4 per day • Approx. cost of one drink per day • Indigent Funds for low-income offenders

10. In Conjunction with Treatment • IID serve as a nexus between criminal justice sanctions and substance abuse treatment • IID provides safety net for offender during recovery • IID allows offenders to fully realize the impact drinking has on their life

11. Key Components of Legislation • Vehicle ownership not required • Prohibits driving non-interlocked vehicle • Tampering or circumvention • Prohibit others from providing sample • Prohibit soliciting others to provide sample • Prohibit others from providing a non-interlocked vehicle

12. Michigan Legislation • Ignition Interlock installed through Sobriety Court • MCL 600.1084 • License back sooner if enroll in Sobriety (DUI) Court

13. Colorado IID • First Offense Test Failure • 9 month license revocation • After 30 days can get license with IID • BAC 0.08 to 0.169 at least 8 months • BAC of 0.170 and higher at least 2 years

14. Who Is Eligible? • Over 40 states require repeat offenders • Many require high-BAC offenders to install an IID • Complete the following • Pay outstanding fines • “Hard” license suspension • Complete rehabilitation program • Permission from owner

15. Ineligible Offenders • Offenders who use drugs • Offenders who kill or seriously injure others • Consistently non-compliant offenders should NOT be removed from program

16. Monitoring • Must insure installation • Monthly Reporting • All tests and BAC results • Failure to provide test as required • When vehicle turned off/on • Tampering, circumvention or removal • Mileage driven • Lockouts

17. Exiting the Program • Jurisdictions require IID from 3 months to several years to lifetime • Moving towards policy where device is removed based upon offender’s performance • Fewer violations = shorter period of IID • More violations = longer period of IID

18. Challenges to IID • Alcohol-positive readings not from alcohol • Some foods, medicine or hygiene products can result in positive tests • 3 pounds of bread = one beer • Wait five minutes • Rinse mouth

19. Challenges cont. • “Breath failure wasn’t me” • “I can’t provide a sufficient breath” • “I can’t afford it”

20. Questions?

21. The End