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Effective and Ineffective Laws To Reduce Drunk Driving. Richard Roth, PhD Executive Director, Impact DWI Citizen Lobbyist and Research Consultant Supported by PIRE, NHTSA, RWJ, and NM TSB RichardRoth2300@msn.com , 471-4764, www.impactdwi.org Houston Traffic Safety Conference. Nov. 16, 2006.
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Effective and Ineffective LawsTo Reduce Drunk Driving Richard Roth, PhD Executive Director, Impact DWI Citizen Lobbyist and Research Consultant Supported by PIRE, NHTSA, RWJ, and NM TSB RichardRoth2300@msn.com, 471-4764, www.impactdwi.org Houston Traffic Safety Conference. Nov. 16, 2006
Crime and PunishmentAdam, Benito, and Charlie drink a 6-pack at a party and decide to drive home. • Adam gets home safely. • Benito is arrested for DWI • Charlie kills someone • What is the Punishment? • Jail for Charlie; Fines for Benito; Zip for Adam • What is the Crime? • Deciding to drive after drinking…Same for all Houston Traffic Safety Conference, November 2006
Distribution of DWI Offenders by Priors • To Reduce Recidivism, You cannot ignore First Offenders • To Reduce First Offenders, General Deterrence & Prevention Houston Traffic Safety Conference, November 2006
Distribution of Offenders by Priors and Alcohol ProblemsA small (N~70) Anonymous Survey of DWI Offenders Average = 606 times Houston Traffic Safety Conference, November 2006
AGE DISTRIBUTION Houston Traffic Safety Conference, November 2006
GOAL ? • Reduce Drinking • Reduce Alcoholism • Punish Offenders • Change Behavior of Offenders • Reduce Drunk Driving Houston Traffic Safety Conference, November 2006
Goal: To Reduce Drunk Driving My Criteria For What to Do To Achieve the Goal • Effective • Cost Effective • Fair Houston Traffic Safety Conference, November 2006
Effective and Ineffective Laws • Hard License Revocation • Long Jail Sentences • Treatment for All Subsequent Offenders • Victim Impact Panels • Interlocks for All DWI Offenders Houston Traffic Safety Conference, November 2006
Legislation Regulation Taxation Prevention Enforcement Adjudication Sanctions Treatment What Can We DoTo Reduce Drunk Driving My Focus In This Talk Houston Traffic Safety Conference, November 2006
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 • Costs Offender only $2.30 per day. (1 less drink per day) Houston Traffic Safety Conference, November 2006
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 85% of over 4000 offenders surveyed. • ..But they only work if… • you get them installed. Houston Traffic Safety Conference, November 2006
15,000 Revised June 15, 2006 Note:Still missing data from one distributor. Houston Traffic Safety Conference, November 2006
Missing data from one distributor Houston Traffic Safety Conference, November 2006
Missing data from one distributor Texas with all distributors= 9.1 Houston Traffic Safety Conference, November 2006
Motivation Continuum For DWI Offenders to Install InterlocksUnder Existing and Possible Laws From Incentives to Mandates From Carrots to Sticks From Legal Driving Privileges To Judicial Mandates Houston Traffic Safety Conference, November 2006
New Mexico Interlock Laws • 1999 Optional for 2nd and 3rd DWI. • 2002 Mandatory for all Aggravated and Subsequent DWI. Indigent Fund • 2003 Ignition Interlock License Act: ….an alternative to revocation. • 2005 Mandatory Interlocks for all DWIs: 1yr for 1st ; 2 for 2nd ; 3 for 3rd ; Lifetime for 4+ Houston Traffic Safety Conference, November 2006
My Estimate Last year At Annecy Estimate 5688 So Far Houston Traffic Safety Conference, November 2006
TEXAS Highest in World 0.14 Interlock Installation Rate is increasing. The Number of Currently-Installed Interlocks is Increasing. Houston Traffic Safety Conference, November 2006
Interlocks are Effective with Court Mandated Offenders Comparison GroupsInterlocked Groups Houston Traffic Safety Conference, November 2006
Statewide recidivism decreased when Interlocks became mandatory. A 16% Reduction 8.0% Before 6.7% After Houston Traffic Safety Conference, November 2006
Before A 29% Reduction After 8.7% Before 6.2% After Houston Traffic Safety Conference, November 2006
Goals • Get Interlocks into the vehicles of all those arrested for DWI as soon as possible after arrest. • Keep interlocks installed until there is evidence of Alcohol Free Driving for a year. Houston Traffic Safety Conference, November 2006
Legislative Proposals • On Arrest:Immobilization or Interlock (DWI offenders are a flight risk and a danger to the public and the vehicle is hazard to the public) • On Conviction: Mandate interlock or sobrieter, paid for by offender • On Attempts to Circumvent Interlock: Mandate Vehicle Forfeiture Houston Traffic Safety Conference, November 2006
Recommendations • Immobilization or Interlock between DWI arrest and adjudication. • Mandatory Interlock for at least one year for all convicted offenders with immobilization as the only alternative. • Compliance Based Removal. Requirement: No recorded BAC > .05 by any driver for a year. • Interlock License as an Alternative to Revocation. • An Indigent Fund with objective standards. Houston Traffic Safety Conference, November 2006
Innovative Interlock Laws in NM Houston Traffic Safety Conference, November 2006