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IGNITION INTERLOCKS AND DRUNK DRIVING. Richard Roth, PhD. Research Supported By NM TSB, NHTSA, PIRE, and RWJ. Arkansas Interlock Institute June 15-16,2010 Sponsored by MADD and NHTSA. Drunk Driver Plows into Mexican Bike Race One Dead, 10 Injured , June 1, 2008. 130.

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IGNITION INTERLOCKS AND DRUNK DRIVING

Richard Roth, PhD

Research Supported By

NM TSB, NHTSA, PIRE, and RWJ

Arkansas Interlock Institute June 15-16,2010

Sponsored by MADD and NHTSA


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Drunk Driver Plows into Mexican Bike Race

One Dead, 10 Injured , June 1, 2008

NHTSA/MADD Orlando Conference


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130

Arkansas II Institute


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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

  • Evolution of Laws

  • Interlock Installations vs Time

  • Currently Installed Interlocks vs Time

  • Interlock Licenses Granted

  • Comparisons to Other States


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I.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

  • 2010 Objective Standard for Indigency

NHTSA/MADD Arkansas II Institute


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I.2.A

NHTSA/MADD Orlando Conference


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I.2.B

12,005

NHTSA/MADD Kansas Conference


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12,039

4/1/10

I.3.

Jun-09

9769

NHTSA/MADD Arkansas Conference


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I.4.

NM DWI Leadership


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I.5.A

Currently Installed Interlocks by State

NHTSA/MADD Arkansas Conference


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Per Capita Interlocks by State

I.5.B

NHTSA/MADD Arkansas Conference



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I.5.D The NHTSA Measure

NHTSA/MADD Arkansas II Institute


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II. Measures 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


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II.1.A Interlocked Offenders Have Much Less Recidivism In the Year After a DWI Arrest

128,314 NM (ZIP) Residents arrested 2002-2008. IID are those who installed interlock within 1 year of arrest.

NHTSA/MADD Orlando Conference


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II.1.B Interlocked Offenders Have Much Less Recidivism In the Two Years After a DWI Arrest

109,897 NM (ZIP) Residents arrested 2002-2007. IID are those who installed interlock within 1 year of arrest

NM DWI Leadership


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II.1.C DWI Re-Arrests Substantially Reduced the Two Years After a DWI Arrest

NM DWI Leadership


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II.1.D Recidivism After a DWI Arrest in NM the Two Years After a DWI Arrest

NHTSA/MADD Orlando Conference


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II.2. Recidivism After a DWI Conviction the Two Years After a DWI Arrest

NHTSA/MADD Orlando Conference


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II.3. Overall DWI Recidivism the Two Years After a DWI Arrest

NHTSA/MADD Denver II Institute


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II.4. the Two Years After a DWI Arrest

NHTSA/MADD Orlando Conference


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II.5. the Two Years After a DWI Arrest

NHTSA/MADD Orlando Conference


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II.6.A. the Two Years After a DWI Arrest

NHTSA/MADD Orlando Conference


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II.6.B. the Two Years After a DWI Arrest

130

Arkansas II Institute


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II.7. the Two Years After a DWI Arrest

NM DWI Leadership


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II.8. the Two Years After a DWI Arrest

38 % Reduction


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II.9. the Two Years After a DWI Arrest

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.

NHTSA/MADD Orlando Conference


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III. INTERLOCK PROGRAMS the Two Years After a DWI Arrest

  • Identify Goals

  • Increase Incentives

  • Eliminate Hoops

  • Close Loopholes

  • Triage Sanctions

  • Research


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III.1. Identify Goals the Two Years After a DWI ArrestEffective, 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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III.2. Increase the Incentives the Two Years After a DWI Arrest

  • 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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III.3. Eliminate the Hoops the Two Years After a DWI Arrest

  • 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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III.4. Close Loopholes the Two Years After a DWI Arrest

Waiting out Revocation Period.

“No Car” or “Not Driving” Excuse.

Driving While Revoked.

Driving a non-interlocked vehicle.

Warrants for Non-compliance


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III.5. Triage Up in Sanctions the Two Years After a DWI Arrest

  • Extension of Interlock Period

  • Photo Interlock

  • Home Photo Breathalyzer

  • SCRAM

  • Treatment

  • House Arrest

  • Jail


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III.6. Research the Two Years After a DWI ArrestMeasures 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.


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IV. What We Have Learned in NM the Two Years After a DWI Arrest

  • 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.

NHTSA/MADD Orlando Conference


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V. Loopholes that Remain in NM the Two Years After a DWI Arrest

  • “No Car” or “Not Driving” excuse SB308 2009

  • No interlock between arrest and adjudication (Learning, DWI, Absconding) SB270 2009

  • Ineffective Penalty for DWR ..SB307 2009

  • Possibility of waiting out revocation period without installing an interlock

  • No Objective Standard for Indigency

  • Insufficient Funding: Increase Alcohol Excise Tax

  • Refusals….Enforce Implied Consent.. BAC

NHTSA/MADD Orlando Conference


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Loopholes that Remain in NM the Two Years After a DWI ArrestV.1. “No Car” or “Not Driving”

The FIX

Task Force

  • Electronic Sobriety Monitoring:

    • As a condition of Probation

    • For all who claim “No Car” or “Not Driving

    • For the same period and cost as an interlock

    • Paid for by the offender

    • Minimum of morning and evening checks per day.

    • Eg. Smart Start IN-HOM Photo Breathalyzer.

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

Expected Result

More Interlocks, Less Recidivism, Less Drunk Driving

NHTSA/MADD Orlando Conference


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Loopholes that Remain in NM the Two Years After a DWI ArrestV.2. No Interlock Between Arrest and Adjudication.

The Problem:

Some Offenders re-offend between arrest and adjudication

Some offenders abscond. i.e. they are a flight risk.

Offenders learn that they can drive while revoked with a low probability of apprehension

Task Force

The FIX

Immobilization or Interlock between Arrest and Adjudication or

Void Vehicle Registration on Arrest (unless interlock is installed or arrest is successfully appealed) or

Interlock as a condition of bond

Expected Result

More Interlocks, Less Absconding, Fewer DWI’s between Arrest and Adjudication

NHTSA/MADD Orlando Conference


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Loopholes that Remain in NM the Two Years After a DWI ArrestV.3. Ineffective Penalty for DWRToo Strong..Not Applied

The FIX (SB 307)

Vehicle Forfeiture for Driving While Revoked without an Interlock

Expected Result

More Interlocks, Less Recidivism, Less Drunk Driving

Compromise-Task Force

NHTSA/MADD Orlando Conference


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Loopholes that Remained in NM the Two Years After a DWI ArrestV.4. Offenders Wait Out the Revocation Period without Interlock

The FIX SB 275

No 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.

Expected Result

More Interlocks, Less Recidivism, Less Drunk Driving

SB 275 Became NM Law July 1, 2009

NHTSA/MADD Orlando Conference


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V.5. With No Objective Standard, the Two Years After a DWI ArrestNM Judges Certify up to 35% as Indigent.

NHTSA/MADD Orlando Conference

43


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VI. Myths About First Offenders the Two Years After a DWI Arrest

  • First Offenders Drove Drunk Once

  • Are Not Alcohol Abusers or Alcoholics

  • Are a Negligible Part of the DWI Problem

  • Are Less Likely to be Re-Arrested

  • Are Not Responsible for Most DWI Fatalities

  • Interlocks are not cost-effective for them

  • Interlocks are a not a fair sanction for them

  • Interlocks are not effective for them

  • Interlocks are too lenient. Revoke them.

  • Sanctions are more important than prevention.


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VI.1 the Two Years After a DWI Arrest

First Offenders Are Not First Offenders

They have driven an average of 500 times

after drinking before their first arrest.

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

NHTSA/MADD Orlando Conference


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VI.2 the Two Years After a DWI Arrest


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NHTSA/MADD Orlando Conference the Two Years After a DWI Arrest


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VI. 4. First Offenders are Just as Dangerous the Two Years After a DWI Arrest

as Subsequent Offenders

NHTSA/MADD Orlando Conference


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VI.5 the Two Years After a DWI Arrest

What Fraction of Impaired Drivers in Fatal Crashes are First Offenders?

NHTSA Definitions;

Impaired Driver: BAC >= 0.08

First Offender: No BAC Conviction in Previous 3 Years.

92 %

http://www-nrd.nhtsa.dot.gov/Pubs/811155.pdf page 4

NHTSA/MADD Arkansas II Institute


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VI.8 Effective VI:6 Cost Effective the Two Years After a DWI Arrest

Recidivism of Convicted First Offenders10,117 Interlocked; 33,348 Not Interlocked

Univariate HR(CG/IG)= 4.52

Multivariate HR(CG/IG)= 4.01

Univariate HR(CG/IG)= 1.77

Multivariate HR(CG/IG)= 1.59

NHTSA/MADD Arkansas II Institute


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VI.10 The importance of Prevention and General Deterrents the Two Years After a DWI Arrest

NHTSA/MADD Orlando Conference


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VII. Young Offenders the Two Years After a DWI Arrest

  • Have the highest DWI arrest rates

  • Have the highest re-arrest rates

  • Have the highest DWI crash rates


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VII.1. the Two Years After a DWI Arrest

DWI Citations Fall Off Dramatically With Age

Underage drinkers do not have the highest arrest rate, but

NHTSA/MADD Orlando Conference


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VII.2 the Two Years After a DWI Arrest

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

NHTSA/MADD Orlando Conference


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VII.3. the Two Years After a DWI Arrest

Every Drink Increases the Risk


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VIII. Miscellaneous Findings the Two Years After a DWI Arrest

  • Females are an increasing fraction of DWI

  • Longer interlock periods are more effective for subsequent offenders.

  • How do interlocked offenders get re-arrested for DWI?

  • Variations in Installation Rate by County.

  • Crime and Punishment


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VIII.1. the Two Years After a DWI Arrest

NHTSA/MADD Orlando Conference


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VIII. 2. Recidivism vs Duration of Interlock…. the Two Years After a DWI ArrestPRELIMINARY DATA

1 year is Best

A year or more is best

(4th or More)

More than a year is best

More than a year is best

NHTSA/MADD Orlando Conference


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VIII.3. the Two Years After a DWI Arrest

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%

Interlock Symposium 2007


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VIII.4. the Two Years After a DWI Arrest


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VIII.5. Whether a drunk driver the Two Years After a DWI Arrestgets home safely or kills someone does not depend on

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

  • Prior Drunk Driving Trips

  • Prior DWI Arrests

  • Prior DWI Convictions

LUCK

NHTSA/MADD Orlando Conference


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IX.Model Ignition Interlock Program the Two Years After a DWI Arrestby Dick Roth October 20, 2009

  • 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.

NHTSA/MADD Orlando Conference


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Model Ignition Interlock Program the Two Years After a DWI Arrestby Dick Roth October 20, 2009 continued

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

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

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

  • 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) .

  • Criminal sanction for circumvention of IID.

NHTSA/MADD Orlando Conference


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Richard Roth, PhD the Two Years After a DWI ArrestExecutive Director Impact [email protected]

Impact DWI Websites

www.ImpactDWI.org

.www.PEDAforTeens.org

www.AlcoholTaxIncrease.org

www.RothInterlock.org

NHTSA/MADD Arkansas II Institute


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