Ignition Interlock Devices:An Overview

John M. Priester

NHTSA/ABA Judicial FellowAdministrative Law Judge

Iowa Dept. of Inspections & Appeals

TIRF CURRICULUM

The Traffic Injury Research Foundation

(www.TIRF.CA)

Four Components:

1.Research

2.Technology

3.Implementation

4.Legal Concerns

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

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

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

While Driving

• Periodic running retests required

• IID connected to starter, not engine– Will not cut off engine once started

Implementation

• Goals of the program– Incapacitation– Deterrence– Punishment– Rehabilitation

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

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

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

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

Michigan Legislation

• Ignition Interlock installed through Sobriety Court– MCL 600.1084

• License back sooner if enroll in Sobriety (DUI) Court

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

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

Ineligible Offenders

• Offenders who use drugs

• Offenders who kill or seriously injure others

• Consistently non-compliant offenders should NOT be removed from program

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

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

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

Challenges cont.

• “Breath failure wasn’t me”

• “I can’t provide a sufficient breath”

• “I can’t afford it”

Questions?

•The End