Status and Effectiveness of Ignition Interlock Laws

Richard Roth, PhD Research Supported By NM TSB, NHTSA, PIRE, RWJ, and MADD 2012 MADD National Conference September 29, 2012

My Goal is to Reduce Drunk Driving

by research to identify… and advocacy to implement… the most effective, cost-effective and fair initiatives.

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This Is What We Want To Prevent Roth 9/29/12

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

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First Offenders are Biggest Problem

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1. Reduce First Arrests

•

Anti-DWI Advertising

•

Prevention Programs

•

The General Deterrent Effects of DWI Sanctions

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2. Convict More Of Those Arrested

• • • • Training of police in collecting and presenting evidence of DWI Video cameras on police cars .

Eliminate shortages of prosecutors.

Publicize records of judges who have the least recidivism of the offenders they adjudicate Roth 9/29/12 MADD National Conference 7

3. Sanctions That Are Effective, Cost-Effective, and Fair

• • • • • • • Ignition Interlock Devices (IID’s) Community Service Victim Impact Panels Alcohol Screening Treatment DWI Courts Jail Roth 9/29/12 MADD National Conference 8

An Ignition Interlock is an Electronic 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/MVD Costs Offender only $2.30 per day (1 less drink per day) Punishes Probation Violations Immediately Roth 9/29/12 MADD National Conference 9

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 81% of over 15,000 offenders surveyed.

..

But they only work if… you get them installed

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Evidence of Effectiveness

1. Recidivism After a DWI Arrest 2. Recidivism After a DWI Conviction 3. Overall Statewide Recidivism vs Time 4. Reduction in Alcohol-Involved Crashes 5. Reduction in Alcohol-Involved Injuries 6. Reduction in Alcohol-Involved Fatalities 7. Correlation between Interlocks Installed and Measures of Drunk Driving 8. New NHTSA Comparison Criteria: Alcohol-Impaired Driving Fatalities per 100 MVM 9. Opinions of Interlocked Offenders Roth 9/29/12 MADD National Conference 11

1. Recidivism After a DWI Arrest in NM Roth 9/29/12 77% lower 78% lower 84% lower 76% lower MADD National Conference 12

Three year effectiveness of interlocks for first offenders by BAC http://www.rothinterlock.org/threeyeareffectivenessofinterlocks_forfirstoffendersby_bac.pdf

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First Offenders are much more dangerous than the general population Roth 9/29/12 MADD National Conference 14

Recidivism: Interlock vs Hard Revocation Roth 9/29/12 MADD National Conference 15

6.NM Alcohol-Involved Fatalities Decreased 38% Roth 9/29/12 MADD National Conference 16

1,5

7.

Interlocks Installed And Three Measures of Drunk Driving Z-scores Show a Correlation of -0.95

1,0 0,5 0,0 -0,5 -1,0 -1,5 -2,0 2002 2003 2004 2005 2006 2007 Interlocks A-I Crashes A-I Injuries A-I Fatalities 2008

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8.

38 % Reduction Roth 9/29/12 MADD National Conference 18

Main Key to an Effective Program

• • • The key to an effective interlock program is simply getting interlocks installed in the vehicles of arrested drunk drivers.

Nothing else…( reporting, inspecting, sanctioning, monitoring)… is as important. These extra program components definitely add effectiveness, but they should be added only to the extent that funds are available.

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http://www.rothinterlock.org/2012surveyofcurrentlyinstalledinterlocksintheus.pdf

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Federal Laws vs Research

Before 2012 1A. Interlocks are more 1. No interlock without effective than hard prior period of hard revocation.

license revocation for 1B. Most revoked offenders subsequent offenders.

drive while revoked, DWR.

2. Interlocked offenders may only drive to work, school, or treatment.

1C. Offenders learn that they can get by with DWR.

2A. Ignored and Ineffectual 2B. Reduces sober-driving training.

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2012 Highway Bill Removes Restrictions and Offers Grants

1. Federal mandate of a hard-revocation period-without-interlock for subsequent offenders has been removed.

2. Federal restrictions on where and when and interlocked offender may drive have been removed.

3. Federal grants will be given to states that

enforce

an all-offender interlock law.

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Goal An Effective, Cost-Effective, and Fair Ignition Interlock Program That Reduces Drunk Driving Crashes, Injuries, and Fatalities.

Objectives in Performance Terms • 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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Model Ignition Interlock Program

by Dick Roth December 7, 2010 1. Mandatory Interlocks as a condition of probation for all convicted offenders. 1 yr for 1 st , 2 yrs for second, 3 yrs for 3 rd , 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.

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Model Ignition Interlock Program

by Dick Roth December 7,2010 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. Offender’s choice. (or Void Vehicle Registration…… or Interlock as a condition of Bond) 6. Vehicle forfeiture for driving a non-interlocked vehicle while revoked for DWI.

7. Compliance Based Removal: 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 recorded BAC>0.05 by any driver) .

8. Criminal sanction for circumvention of IID .

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Interlocked Offenders Have Less Recidivism For up to 8 Years After Arrest

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I.2. Increase the Incentives

Administrative Incentives • Right to Drive Legally • Satisfy one requirement for an Unrestricted License • Right to Re-register Vehicle Judicial Incentives • Condition of Probation • Avoid Electronic Sobriety Monitoring • Reduce or Avoid Jail time Roth 9/29/12 MADD National Conference 30

I.3. Eliminate the Hoops

• • • • • • • • Period of Hard Revocation (Re-define) Fines and Fees Paid Outstanding legal obligations Alcohol Screening and Assessment Medical Evaluation DWI School Victim Impact Panel Community Service Roth 9/29/12 MADD National Conference 31

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I.4. Close Loopholes

• • • • • • Not convicted Waiting out Revocation Period “No Car” or “Not Driving” Excuse Driving While Revoked Driving a non-interlocked vehicle Few Warrants for Non-compliance MADD National Conference 32

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I.5. Triage Up in Sanctions

• • • • • • • Extension of Interlock Period Photo Interlock Home Photo Breathalyzer Continuous BAC monitoring Treatment House Arrest Jail MADD National Conference 33

III.6. What We Have Learned

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

• 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.

• Judicial Mandates get more interlocks installed than Administrative requirements.

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VI.2

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VI. 4. First Offenders are Just as Dangerous as Subsequent Offenders Roth 9/29/12 MADD National Conference 36

VIII. Miscellaneous Findings

1. Females are an increasing fraction of DWI 2. 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.

5. Crime and Punishment 6. Who Dies in Alcohol-Impaired Crashes 7. BAC Limits by Country Roth 9/29/12 MADD National Conference 37

VIII.1. Female DWI’s in NM

30% 25% 20% 15% 10% 5% 0% 1980

Fraction of DWI Offenders That Are Female vs Year of Arrest

1985 1990 1995 2000 2005 2010 Roth 9/29/12 MADD National Conference 38

VIII.3.

Sample of 15,109 Interlocked In New Mexico Not Arrested While Interlocked N=14,730 97.5% Arrested In Interlocked Vehicle N=~92 0.6% Arrested In Vehicle With a Different License Plate N=~287 1.9%

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VIII.6. Who Dies in Alcohol-Impaired Crashes? Roth 9/29/12 MADD National Conference 40

Thank You!

Richard Roth, PhD

Executive Director Impact DWI [email protected]

Roth 9/29/12 Impact DWI Websites www.ImpactDWI.org

.www.PEDAforTeens.org

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After Thoughts

• • • • Reaction Time Interlock for Drugged Drivers Diversion Program for first DWI, eg Oregon + Plate Removal on Arrest (leave at jail to be recovered with contract of interlock installation, Successful Administrative Appeal or Judicial dismissal.) Federal Grants for“Enforcing All-offender Interlock Law.” Define Enforcing as >50% inst.

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