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Motivating DWI Offenders To Install Interlocks: What Works?. Richard Roth, Paul Marques, Robert Voas Pacific Institute For Research and Evaluation Funded by NHTSA. Profile— United States. New Mexico. New Mexico. 1.9 M Population. 20,000 DWI Arrests/year. 1.3 M Licensed Drivers.

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Motivating DWI Offenders To Install Interlocks: What Works?

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Motivating dwi offenders to install interlocks what works l.jpg

Motivating DWI OffendersTo Install Interlocks: What Works?

Richard Roth, Paul Marques, Robert Voas

Pacific Institute For Research and Evaluation

Funded by NHTSA

Roth What Works Annecy 2005


New mexico l.jpg

Profile—United States

New Mexico

New Mexico

1.9 M Population

20,000 DWI Arrests/year

1.3 M Licensed Drivers

3000 Interlocks/year

Roth What Works Annecy 2005


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Does an Interlock Law or Program Reduce DWI Re-Arrests?

  • Yes, if interlocks get installed.

  • No, if interlocks do not get installed.

Roth What Works Annecy 2005


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Motivation Continuum For DWI Offenders to Install InterlocksUnder Existing and Possible Laws

  • From Incentives to Mandates

  • From Carrots to Sticks

Roth What Works Annecy 2005


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CarrotsLegal Driving Privileges

  • Early License Reinstatement

  • License Reinstatement Requirement.

  • Interlock License Available immediately after arrest. (NM)

Roth What Works Annecy 2005


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Sticks: Judicial Mandates

  • Optional Sentence for Multiple Offenders

  • Optional Sentence for High BAC

  • Mandatory Sentence for Some

  • Mandatory Sentence for All

  • To avoid house arrest, warrant, or jail

  • To avoid immobilization, impoundment or forfeiture of vehicle

Roth What Works Annecy 2005


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20,039 DWI Arrests in 2004 in NM

Our laws have targeted multiple offenders.

But first offenders and their recidivism are our biggest problems.

Roth What Works Annecy 2005


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12,699 DWI Convictions in 2004 in NM

Roth What Works Annecy 2005


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Percent Rearrested Within 2 Years

Our Laws have Targeted Multiple offenders.

Largest Reduction (37%-20%) in Smallest Group (5+).

Smallest Reduction (15% to 11%) in Largest Group (1st)

Roth What Works Annecy 2005


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New Mexico Interlock Laws

  • 1999 Optional for 2nd and 3rd DWI. (July 1,1999)

  • 2002 Mandatory for all Aggravated (High BAC) and Subsequent DWI. (Jan 1, 2003)

  • 2003 Indigent Fund

  • 2003 Ignition Interlock License Act: ….an alternative to revocation. (June 1, 2003)

  • 2005 Mandatory Interlocks For All DWIs: 1yr for 1st ; 2 yrs for 2nd ; 3 yrs for 3rd ; Lifetime for 4+

Roth What Works Annecy 2005


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Cumulative Interlock Installation in NM

2732 / year

2732 / year

Interlock Licensing Act An alternative to revocation

Mandatory for aggravated and subsequent convictions

Optional for 2nd and 3rd conviction

Roth What Works Annecy 2005


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Ignition Interlock Installation Rates Under Various Laws in NM

Roth What Works Annecy 2005


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Ignition Interlock Installation Rates Under Various Laws in NM

Estimate

Roth What Works Annecy 2005


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Ignition Interlock Installation Rates Under Various Laws in NM

Roth What Works Annecy 2005


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Ignition Interlock Installation Rates Under Various Laws in NM

Roth What Works Annecy 2005


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Ignition Interlocks Currently Installed per Million Residents

Ignition Interlocks Currently Installed per Million Residents

Data From Richard Freund, CEO Lifesafer

Plot by Richard Roth 5/27/2004

Roth What Works Annecy 2005


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Interlock Installation Per DWI Conviction in 2004

This graph only includes installations by convicted persons

Same State…….. Same Law… Different Counties and Judges Wide Range of Installation Rates

New Mexico Counties

New Mexico State

Santa Fe Magistrate Court

Santa Fe County

Roth What Works Annecy 2005


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Interlock Licenses issued by MVD

Roth What Works Annecy 2005


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Loopholes To Judicial Mandates

  • Pleas to lesser charge and sanction.

  • “No Vehicle”

  • “Not Driving”

  • No Indigent Fund: “Cannot afford it”

  • Non-compliance with sentence.

  • Arrest but no Adjudication.

  • Dismissal on Technicality.

Roth What Works Annecy 2005


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Optional for early license reinstatement

Mandatory for license reinstatement

Judicial Option for Some DWI’s

Judicial Mandate for Some DWI’s

Judicial Mandate for All DWI’s

Most Drive during ALR. Driving without license is less expensive.

Judges rarely use costly optional sanctions.

Pleas, Loopholes, and License Availability

Interlock Laws Problems

Roth What Works Annecy 2005


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Laws and Judicial OptionsThings to Consider

  • Administrative or Judicial.

  • Mandatory or Optional.

  • Applicable to 1st, 2nd, 3rd ……

  • Duration

  • Availability of License

  • Loopholes

  • Support for Indigents

Roth What Works Annecy 2005


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Ideal Ignition Interlock Laws

  • Mandatory Interlock for at least one year for all convicted offenders with immobilization as the only alternative

  • Interlock License as an Alternative to Revocation

  • An Indigent Fund with objective standards

  • Compliance Based Removal. No recorded BAC > .04 by any driver for a year.

  • Immobilization or Interlock between DWI arrest and adjudication.

Roth What Works Annecy 2005


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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.

Roth What Works Annecy 2005


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