IGNITION INTERLOCKS AND DRUNK DRIVING

IGNITION INTERLOCKS AND DRUNK DRIVING

Richard Roth, PhD

Denver Interlock Institute October 20, 2009Sponsored by MADD and NHTSA

Research Supported ByNM TSB, NHTSA, PIRE, and RWJ

Drunk Driver Plows into Mexican Bike RaceOne Dead, 10 Injured , June 1, 2008

2Roth 8/25/2009 NHTSA/MADD Orlando Conference

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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)

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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 12,000 offenders surveyed.

• ..But they only work if… • you get them installed.

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I. The New Mexico Program

1. Evolution of Laws 2. Interlock Installations vs Time3. Currently Installed Interlocks vs Time4. Interlock Licenses Granted5. Three Comparisons to Other States

1. The New Mexico Laws• 1999 Optional Judicial Mandate for 2nd and 3rd DWI• 2002 Mandatory Sentence 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.)• 2005 Mandatory Sentence: 1 yr for 1st; 2 yrs for 2nd; 3 yrs

for 3rd; and lifetime with 5 yr review for 4 or more.• 2005 ALR and JLR periods increased• 2009 No Unrestricted License without Interlock Period



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9769Jun-09

Roth 8/25/2009 NHTSA/MADD Orlando Conference


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C urrently Ins talled Interloc ks by S tateData from 9 of 10 providers ; P lot by R ic hard R oth, P hD; Aug us t 2009

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2000

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Currently Installed Interlocks by State

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Interlocks per 10,000 residents by stateData from 9 of 10 providers; Plot by Richard Roth, PhD;August, 2009

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5

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Per Capita Interlocks by State

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II. Measures of Effectiveness

1. Recidivism After a DWI Arrest2. Recidivism After a DWI Conviction3. Overall Statewide Recidivism vs Time4. Reduction in Alcohol-Involved Crashes5. Reduction in Alcohol-Involved Injuries6. Reduction in Alcohol-Involved Fatalities7. Correlation between Interlocks Installed and

Measures of Drunk Driving8. Opinions of Interlocked Offenders


Recidivism After a DWI Arrest in NM


Recidivism After a DWI Conviction


Overall DWI Recidivism




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Survey of 1513 Interlocked Offenders

• 88% Helpful in avoiding another DWI• 83% Helpful at reducing their drinking• 89% Effective at reducing their drunk driving• 70% Cost-Effective..benefits outweigh the costs• 80% A Fair Sanction For DWI Offenders• 72% All convicted DWI’s should have interlocks• 63% All arrested DWI’s should have interlocks.


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III. INTERLOCK PROGRAMS

1. Identify Goals2. Increase Incentives3. Eliminate Hoops4. Close Loopholes5. Triage Sanctions6. Research

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1.Identify Goals Effective, Cost-Effective, and Fair

Reduction of Drunk Driving.

• Get interlocks installed ASAP after DWI.

• Get all offenders to install.

• Keep interlocks installed until there is evidence of changed behavior.

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2.Increase the Incentives

• Right to Drive Legally• Right to Re-register Vehicle• Avoid Electronic Sobriety Monitoring• Avoid Jail• Satisfy one requirement for an Unrestricted

License• Deferred prosecution

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3.Eliminate the Hoops

• Period of Hard Revocation• Fines and Fees Paid• Outstanding legal obligations• Alcohol Screening and Assessment• Medical Evaluation• DWI School• Victim Impact Panel• Community Service

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4. Close Loopholes

• Increase Incentive.• Eliminate Hoops• No waiting out Revocation Period.• “No Car” or “Not Driving” Excuse.• Ineffective penalty for DWR.• Serve warrants for Non-compliance

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5. Triage Up in Sanctions• Extension of Interlock Period• Photo Interlock• Home Photo Breathalyzer• SCRAM• Treatment• House Arrest• Jail

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6. ResearchMeasures of Effectiveness

• Interlocks per Arrested Offender• Recidivism of Interlocked vs Not Interlocked.• Reduction in Overall Recidivism.• Reduction in DWI Crashes.• Reduction in DWI Injuries.• Reduction in DWI Fatalities.

IV. What We Have Learned in NM• Judicial Mandates get more interlocks installed

than Administrative requirements. 3 to 1 in NM.• 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.

• Given a choice, most offenders choose revocation over interlock …and they keep driving after drinking.


Loopholes that Remain in NM

1. “No Car” or “Not Driving” excuse2. No interlock between arrest and adjudication

(Learning, DWI, Absconding)3. Ineffective Penalty for DWR4. Possibility of waiting out revocation period

without installing an interlock5. No Objective Standard for Indigency



#1 “No Car” or “Not Driving”

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The FIX1. Electronic Sobriety Monitoring:

A. As a condition of ProbationB. For all who claim “No Car” or “Not DrivingC. For the same period and cost as an interlockD. Paid for by the offenderE. Minimum of morning and evening checks per day.F. Eg. Smart Start IN-HOM Photo Breathalyzer.

2. A fee equal to the cost of an interlock to be used for supervised probation.

Expected ResultMore Interlocks, Less Recidivism, Less Drunk Driving

Task Force



#2 No Interlock Between Arrest and Adjudication.

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The FIX 1. Immobilization or Interlock between Arrest and Adjudication or2. Void Vehicle Registration on Arrest (unless interlock is installed or

arrest is successfully appealed) or3. Interlock as a condition of bond

Expected ResultMore Interlocks, Less Absconding, Fewer DWI’s between Arrest

and Adjudication

The Problem: A. Some Offenders re-offend between arrest and adjudicationB. Some offenders abscond. i.e. they are a flight risk.C. Offenders learn that they can drive while revoked with a low probability of

apprehension

Task Force



#3 Ineffective Penalty for DWRToo Strong..Not Applied

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The FIX (SB 307)

Vehicle Forfeiture for Driving While Revoked without an Interlock


Compromise-Task ForceRoth 8/25/2009 NHTSA/MADD Orlando Conference

Loopholes that Remained in NM#4 Offenders Wait Out the Revocation

Period without Interlock

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The FIX SB 275No Unrestricted License without a period of Interlock

• All those revoked for DWI • must have a minimum of 6 months of driving with an interlock and an

interlock license, and• Must fulfill any Judicial Interlock Mandate• Before they are eligible for an unrestricted license.


SB 275 Became NM Law July 1, 2009Roth 8/25/2009 NHTSA/MADD Orlando Conference

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With No Objective Standard, NM Judges Certify up to 35% as Indigent.

Roth 8/25/2009 NHTSA/MADD Orlando Conference 36

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V. Myths About First Offenders

1. First Offenders Drove Drunk Once2. Are Not Alcohol Abusers or Alcoholics3. Are a Negligible Part of the DWI Problem4. Are Less Likely to be Re-Arrested5. Are Not Responsible for Most DWI Fatalities6. Interlocks are not cost-effective for them7. Interlocks are a fair sanction for them8. Interlocks are not effective for them9. Interlocks are too lenient. Revoke them.

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They have driven an average of 500 times after drinking before their first arrest.

First Offenders Are Not First Offenders

R. Roth. Anonymous surveys of convicted DWI offenders at Victim Impact Panels in Santa Fe, NM


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First Offenders are Just as Dangerous as Subsequent Offenders



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50%52%54%56%58%60%62%64%66%68%

1994 1996 1998 2000 2002 2004 2006

% o

f Fir

st O

ffen

ders

Year of Arrest

DWI First Offenders in NMEach Year a Greater Fraction of DWI Offenders are First Offenders. This indicates that our sanctions have been

more successful than our prevention efforts .

1st in 10 Years

1st since 1984


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VI. Young Offenders

1. Have the highest DWI arrest rates2. Have the highest re-arrest rates3. Have the highest DWI crash rates

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0500

100015002000250030003500400045005000

NM DWI Citations by Age Group

2007

2002


DWI Citations Fall Off Dramatically With Age

Underage drinkers do not have the highest arrest rate, but


Those who have their first DWI before 21 have the highest 5 year re-arrest rate.

Whether a drunk drivergets home safely or kills someone

does not depend on

It just depends on a four letter word that rhymes with “duck”.

LUCK

1.Prior Drunk Driving Trips2.Prior DWI Arrests3.Prior DWI Convictions


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VII. Miscellaneous Findings

1. Females are an increasing fraction of DWI2. Longer interlock periods are more effective

for subsequent offenders.3. How do interlocked offenders get re-

arrested for DWI?4. Variations in Installation Rate by County.

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0%

5%

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1980 1985 1990 1995 2000 2005 2010

Fraction of DWI Offenders That Are Female vs Year of Arrest


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One Minus Survival Function

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1 year is Best A year or more is best

More than a year is best More than a year is best

(4th or More)

Recidivism vs Duration of Interlock….PRELIMINARY DATA


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VIII.Model Ignition Interlock Programby Dick Roth October 20, 2009

1. 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.

2. 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)

3. An ignition interlock license available to all persons revoked for DWI with no other restrictions. Allow MVD to set fee to cover cost.


Model Ignition Interlock Programby Dick Roth October 20, 2009 continued

4. An Indigent Fund with objective standards such as eligibility for income support or food stamps.

5. Vehicle immobilization or interlock between arrest and adjudication. (or Void Registration or Bond Requirement)

6. Vehicle forfeiture for driving a non-interlocked vehicle while revoked for DWI.

7. 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 BAC>0.05 by any driver) .

8. Criminal sanction for circumvention of IID. 54Roth 8/25/2009 NHTSA/MADD Orlando Conference

Roth 8/25/2009 NHTSA/MADD Orlando Conference 55

Richard Roth, PhDExecutive Director Impact [email protected]

Impact DWI Websiteswww.ImpactDWI.org

www.PEDAforTeens.orgwww.AlcoholTaxIncrease.org

Documents

IGNITION INTERLOCKS AND DRUNK DRIVING