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IGNITION INTERLOCKS AND DRUNK DRIVING. Richard Roth, PhD. Research Supported By NM TSB, NHTSA, PIRE, RWJ, and Impact DWI. Region 6 Interlock Institute August 9-10,2010 Sponsored by MADD and NHTSA. Drunk Driver Plows into Mexican Bike Race One Dead, 10 Injured , June 1, 2008. 141.

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IGNITION INTERLOCKS AND DRUNK DRIVING


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ignition interlocks and drunk driving

IGNITION INTERLOCKS AND DRUNK DRIVING

Richard Roth, PhD

Research Supported By

NM TSB, NHTSA, PIRE, RWJ, and Impact DWI

Region 6 Interlock Institute August 9-10,2010

Sponsored by MADD and NHTSA

slide2

Drunk Driver Plows into Mexican Bike Race

One Dead, 10 Injured , June 1, 2008

NHTSA/MADD Region 6 II Conference

slide3

141

NHTSA/MADD Region 6 II Conference

many interventions contribute to reducing drunk driving
Many Interventions Contribute to Reducing Drunk Driving
  • Ignition Interlocks
  • 24/7 Monitored Abstenence (SD)
  • Treatment and DWI Courts
  • License Revocation
  • Victim Impact Panels
  • Increased Enforcement
  • Publicity and Prevention Programs
  • Alcohol Sales Restrictions
  • DWI Task Force and Czar
  • Research to guide legislative choices

NHTSA/MADD Region 6 II Conference

an ignition interlock is an electronic probation officer
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)

NHTSA/MADD Region 6 II Conference

interlocks are effective cost effective and fair
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.

NHTSA/MADD Region 6 II Conference

iii interlock programs
III. INTERLOCK PROGRAMS
  • Identify Goals
  • Increase Incentives
  • Eliminate Hoops
  • Close Loopholes
  • Triage Sanctions
  • Research

NHTSA/MADD Region 6 II Conference

iii 1 identify goals effective cost effective and fair reduction of drunk driving
III.1. Identify GoalsEffective, 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.

Key Actions To Achieve Goals

NHTSA/MADD Region 6 II Conference

iii 2 increase the incentives
III.2. Increase the Incentives
  • Right to Drive Legally
  • Condition of Probation
  • Right to Re-register Vehicle
  • Avoid Electronic Sobriety Monitoring
  • Reduce or Avoid Jail
  • Satisfy one requirement for an Unrestricted License

NHTSA/MADD Region 6 II Conference

iii 3 eliminate the hoops
III.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

NHTSA/MADD Region 6 II Conference

iii 4 close loopholes
III.4. Close Loopholes

Waiting out Revocation Period.

“No Car” or “Not Driving” Excuse.

Driving While Revoked.

Driving a non-interlocked vehicle.

Serve Warrants for Non-compliance

NHTSA/MADD Region 6 II Conference

iii 5 triage up in sanctions
III.5. Triage Up in Sanctions
  • Extension of Interlock Period
  • Photo Interlock
  • Home Photo Breathalyzer
  • SCRAM
  • Treatment
  • House Arrest
  • Jail

NHTSA/MADD Region 6 II Conference

iii 6 research measures of effectiveness
III.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.

NHTSA/MADD Region 6 II Conference

ix model ignition interlock program by dick roth october 20 2009
IX.Model Ignition Interlock Programby 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 Region 6 II Conference

model ignition interlock program by dick roth october 20 2009 continued
Model Ignition Interlock Programby 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 Region 6 II Conference

i the new mexico interlock program
I. The New Mexico Interlock Program
  • Evolution of Laws
  • Interlock Installations vs Time
  • Currently Installed Interlocks vs Time
  • Interlock Licenses Granted
  • Comparisons to Other States

NHTSA/MADD Region 6 II Conference

i 1 the new mexico laws
I.1. The New Mexico Laws
  • 1999 Optional Judicial Mandate for 2nd and 3rd DWI
  • 2002 Mandatory Judicial Sanction 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 Judicial Sanction: 1 yr for 1st; 2 yrs for 2nd; 3 yrs for 3rd; and lifetime with 5 yr review for 4+
  • 2005 ALR and JLR periods increased
  • 2009 No Unrestricted License without Interlock Period
  • 2010 Objective Standard for Indigency

NHTSA/MADD Region 6 II Conference

slide19

I.2.A

NHTSA/MADD Region 6 II Conference

slide21

I.4.

NHTSA/MADD Region 6 II Conference

slide22

I.5.A

Currently Installed Interlocks by State

NHTSA/MADD Arkansas Conference

slide23

Per Capita Interlocks by State

I.5.B

NHTSA/MADD Arkansas Conference

i 5 d the nhtsa measure
I.5.D The NHTSA Measure

NHTSA/MADD Region 6 II Conference

ii measures of effectiveness
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

NHTSA/MADD Region 6 II Conference

slide27

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 Region 6 II Conference

slide28

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

NHTSA/MADD Region 6 II Conference

slide30

II.1.D Recidivism After a DWI Arrest in NM

77% lower

78% lower

84% lower

76% lower

NHTSA/MADD Region 6 II Conference

slide31

II.2. Recidivism After a DWI Conviction

NHTSA/MADD Region 6 II Conference

slide32

II.3. Overall DWI Recidivism

NHTSA/MADD Region 6 II Conference

slide33

II.4.

NHTSA/MADD Region 6 II Conference

slide34

II.5.

NHTSA/MADD Region 6 II Conference

slide35

II.6.B.

141

NHTSA/MADD Region 6 II Conference

slide36

II.7.

NHTSA/MADD Region 6 II Conference

slide37

II.8.

38 % Reduction

NHTSA/MADD Region 6 II Conference

survey of 1513 interlocked offenders

II.9.

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 Region 6 II Conference

iv what we have learned in nm
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.

NHTSA/MADD Region 6 II Conference

v loopholes that remain in nm
V. Loopholes that Remain in NM
  • “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 Region 6 II Conference

loopholes that remain in nm v 1 no car or not driving
Loopholes that Remain in NMV.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 Region 6 II Conference

loopholes that remain in nm v 2 no interlock between arrest and adjudication
Loopholes that Remain in NMV.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 Region 6 II Conference

loopholes that remain in nm v 3 ineffective penalty for dwr too strong not applied
Loopholes that Remain in NMV.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 Region 6 II Conference

loopholes that remained in nm v 4 offenders wait out the revocation period without interlock
Loopholes that Remained in NMV.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 Region 6 II Conference

v 5 with no objective standard nm judges certified up to 35 as indigent
V.5. With No Objective Standard, NM Judges Certified up to 35% as Indigent.

NHTSA/MADD Region 6 II Conference

45

part 2
PART 2
  • First Offenders: Myths vs Research
  • Young Offenders 16-30
  • Miscelaneous Findings
  • Model Interlock Program
  • Discussion

NHTSA/MADD Region 6 II Conference

vi myths about first offenders
VI. Myths About First Offenders
  • 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.

NHTSA/MADD Region 6 II Conference

slide48

VI.1

First Offenders Are Not First Offenders

They are multiple offenders who were finally caught.

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 Region 6 II Conference

slide49

VI.2

NHTSA/MADD Region 6 II Conference

slide51

VI. 4. First Offenders are Just as Dangerous

as Subsequent Offenders

NHTSA/MADD Region 6 II Conference

what fraction of impaired drivers in fatal crashes are first offenders

VI.5

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 Region 6 II Conference

recidivism of convicted first offenders 10 117 interlocked 33 348 not interlocked

VI.8 Effective VI:6 Cost Effective

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 Region 6 II Conference

vii young offenders
VII. Young Offenders
  • Have the highest DWI arrest rates
  • Have the highest re-arrest rates
  • Have the highest DWI crash rates

NHTSA/MADD Region 6 II Conference

slide56

VII.1.

DWI Citations Fall Off Dramatically With Age

Underage drinkers do not have the highest arrest rate, but

NHTSA/MADD Region 6 II Conference

slide57

VII.2

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

NHTSA/MADD Region 6 II Conference

slide58

VII.3.

NHTSA/MADD Region 6 II Conference

viii miscellaneous findings
VIII. Miscellaneous Findings
  • 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
  • Who Dies in Alcohol-Impaired Crashes

NHTSA/MADD Region 6 II Conference

slide60

VIII.1.

NHTSA/MADD Region 6 II Conference

slide61

VIII. 2. Recidivism vs Duration of Interlock….PRELIMINARY 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 Region 6 II Conference

slide62

VIII.3.

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%

NHTSA/MADD Region 6 II Conference

slide63

VIII.4.

NHTSA/MADD Region 6 II Conference

viii 5 whether a drunk driver gets home safely or kills someone does not depend on
VIII.5. 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”.

  • Prior Drunk Driving Trips
  • Prior DWI Arrests
  • Prior DWI Convictions

LUCK

NHTSA/MADD Region 6 II Conference

slide65

VIII.6. Who Dies in Alcohol-Impaired Crashes?

NHTSA/MADD Region 6 II Conference

ix model ignition interlock program by dick roth october 20 20091
IX.Model Ignition Interlock Programby 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 Region 6 II Conference

model ignition interlock program by dick roth october 20 2009 continued1
Model Ignition Interlock Programby 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 Region 6 II Conference

richard roth phd executive director impact dwi richardroth2300@msn com
Richard Roth, PhDExecutive Director Impact DWIRichardRoth2300@msn.com

Impact DWI Websites

www.ImpactDWI.org

.www.PEDAforTeens.org

www.AlcoholTaxIncrease.org

www.RothInterlock.org

NHTSA/MADD Region 6 II Conference