IGNITION INTERLOCKS
AND DRUNK DRIVING
Richard Roth, PhD
Research Supported By
NM TSB, NHTSA, PIRE, RWJ, and Impact DWI
Region 1 Interlock Institute April 12-13, 2011
Sponsored by MADD and NHTSA
Would You Support This DWI Program?
Data Looks Good but No DWI’s Prevented
•
•
•
•
•
•
•
All DWI Convicts Admitted.
Program Lasts 5 years.
Over 70% of those admitted graduate.
Very low recidivism of graduates after program.
Zero Recidivism of Graduates During Program.
Program Cost? $1 per offender
Program Components? Kick Out If Arrested!
Conclusion: Follow ALL who START a treatment program.
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This Is What We Want To Prevent
Drunk Driver Plows into Mexican Bike Race
One Dead, 10 Injured , June 1, 2008
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Many Interventions Contributed to
Reducing Drunk Driving in NM
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•
•
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Ignition Interlocks
Increased Enforcement
Publicity and Prevention Programs
DWI Task Force and Czar
Mandatory Treatment for Subsequent Offenders
DWI Courts
License Revocation
Victim Impact Panels
Alcohol Sales Restrictions
Research to guide legislative choices
NHTSA/MADD Interlock Conference
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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
Costs Offender only $2.30 per day
(1 less drink per day)
Sanctions Probation Violation Immediately
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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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Only One out of Seven DWI
Offenders Install Interlocks
Estimate
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Where Should We Focus our Resources?
In the past we have focused
on Subsequent Offenders.
Subsequent Offenders have a slightly
higher re-arrest rate.
Now we are Focussing
on First Offenders
Many more First Offenders are re-arrested
than Subsequent Offenders because there
are more First Offenders.
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Data from NM CTS, Plots by Roth 3/1/11
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Interlocked Offenders Have Less Recidivism
For up to 8 Years After Arrest
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I. Developing an Interlock Program
1.
2.
3.
4.
5.
6.
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Identify Goals
Use Carrots and Sticks
Eliminate Hoops
Close Loopholes
Triage Sanctions
Research
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I.1. Identify Goals
Reduction of Drunk Driving
Crashes, Injuries, and Fatalities.
With Effective, Cost-Effective, and Fair Sanctions
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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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
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I.3. Eliminate the Hoops
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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
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I.4. Close Loopholes
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•
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•
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Not convicted
Waiting out Revocation Period
“No Car” or “Not Driving” Excuse
Driving While Revoked
Driving a non-interlocked vehicle
Serve Warrants for Non-compliance
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I.5. Triage Up in Sanctions
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•
•
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Extension of Interlock Period
Photo Interlock
Home Photo Breathalyzer
Continuous BAC monitoring
Treatment
House Arrest
Jail
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I.6. Research
Measures of Effectiveness
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•
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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II. 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 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.
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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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III. The New Mexico Interlock Program
1.
2.
3.
4.
5.
6.
Evolution of Laws
Interlock Installations vs Time
Currently Installed Interlocks vs Time
Interlock Licenses Granted
Comparisons to Other States
What We Have Learned
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III.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
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III.2.A
Interlocks in New Mexico
Installed, Removed, and Currently Installed
35,000
30,000
25,000
Mandatory Judicial Sanction:
1 yr for 1st; 2 yrs for 2nd;
3 yrs for 3rd; and Lifetime with
5 yr Review for 4 or more.
20,000
15,000
Mandatory Judicial Sanction
for 1st Ag. And All Subsequent
10,000
Optional Judicial Sanction
for 2nd and 3rd Conviction
Interlock
License
Act
5,000
0
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III.3
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III. 4
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III.5.A
Region 1
States
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III.5.B
Per Capita Interlocks by State
New Mexico
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III.5.C What Percent of Fatal Crashes Have an Alcohol-Impaired Driver?
Region 1
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III.5.D. One NHTSA Measure
Region 1
NHTSA FARS Data
Plot by Roth 4/5/11
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III.5.E
Alcohol Impaired Driving Fatalities and
Average Percent Change per Year 2004-9
State
2004 2005 2006 2007 2008 2009
Connecticut
112
98
113
111
95
99
Maine
57
50
52
66
42
47
Massachusetts
169
148
144
155
120
108
New Hampshire
51
54
46
34
45
30
Rhode Island
38
34
30
22
23
34
Vermont
20
28
26
22
12
23
New Mexico
157
149
136
132
105
114
US
13,099 13,582 13,491 13,041 11,711 10,839
2004-9
-2%
-3%
-8%
-9%
-6%
-5%
-8%
-6%
Data From NHTSA FARS
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III.6. 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.
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IV. Measures of Effectiveness
1.
2.
3.
4.
5.
6.
7.
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
8. New NHTSA Comparison Criteria: Alcohol-Impaired
Driving Fatalities per 100 MVM
9. Opinions of Interlocked Offenders
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IV.1.D Recidivism After a DWI Arrest in NM
77%
lower
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78%
lower
84%
lower
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76%
lower
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IV.2. Recidivism After a DWI Conviction
Recidivism of NM Drivers After a DWI CONVICTION
Between January 2003 and August 2007
Plot by Dick Roth 11/20/08
% Re-arrested within 1 year
10%
9.4%
9.2%
8.7%
9%
8%
7.8%
7%
6%
5%
76%
Lower
4%
70%
Lower
82 %
Lower
66%
Lower
1.7%
1.9%
2%
Interlocked
3.0%
2.8%
3%
Not Interlocked
1%
0%
1
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2
3
Conviction Number
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4+
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IV.3. Overall DWI Recidivism
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IV.4.
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IV.5.
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IV.6.B.
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NM Alcohol-Involved Fatalities Decreased 38%
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IV.7.
Interlocks Installed And Three Measures of Drunk Driving
Z-scores Show a Correlation of -0.95
1.5
1.0
0.5
Interlocks
0.0
A-I Crashes
A-I Injuries
-0.5
A-I Fatalities
-1.0
-1.5
-2.0
2002
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2003
2004
2005
2006
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2007
2008
Roth 5/12/2010
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IV.8.
38 % Reduction
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IV.9.
Survey of 1513 Interlocked Offenders
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•
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•
•
•
•
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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V. Loopholes that Remain in NM
1. “No Car” or “Not Driving” excuse SB306 2011
2. No interlock between arrest and adjudication
(Learning, DWI, Absconding) SB308 2011
3. Ineffective Penalty for DWR ..SB307 2011
4. Possibility of waiting out revocation period
without installing an interlock
5. No Objective Standard for Indigency
6. Insufficient Funding: Increase Alcohol Excise Tax
7. Refusals and Drugs Warrants for BAC SB387 2011
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PART 2
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•
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First Offenders: Myths vs Research
Young Offenders 16-30
Miscelaneous Findings
Model Interlock Program
Discussion
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VI. Myths About First Offenders
1. First Offenders Drove Drunk Once
2. Are Not Alcohol Abusers or Alcoholics
3. Are a Negligible Part of the DWI Problem
4. Are Less Likely to be Re-Arrested
5. Are Not Responsible for Most DWI Fatalities
6. Interlocks are not cost-effective for them
7. Interlocks are a not a fair sanction for them
8. Interlocks are not effective for them
9. Interlocks are too lenient. Revoke them
10. Sanctions are more important than prevention
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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
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VI.2
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VI.3
Percent First Offenders vs Lookback Time in NM
2006-8 Data from CTS; Plot by Dick Roth 3/18/09
100%
95%
90%
81% of Convictions are "First in 5 years"
85%
80%
75%
70%
74% of
Arrests are
"First in 5 years"
65%
60%
55%
50%
0
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5
10
15
Lookback Time (Years)
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25
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VI. 4. First Offenders are Just as Dangerous
as Subsequent Offenders
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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 pp 4-5
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VI.8 Effective
VI:6 Cost Effective
Recidivism of Convicted First Offenders
10,117 Interlocked; 33,348 Not Interlocked
Recidivism of 1st Offenders While Interlocked
Recidivism of First Offenders
.08
With and Without Interlock
.07
.3
Fraction Re-arrested Ffor DWI
.06
.05
.04
.03
.02
Group
.01
.1
Group
Not Interlocked
0.00
0.00
.2
Interlocked
.25
.50
.75
Not Interlocked
0.0
1.00
T1: Time During Installation or Equivalent
1
2
3
4
5
6
Total Time After Installation or Conviction
Univariate HR(CG/IG)= 4.52
Multivariate HR(CG/IG)= 4.01
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Interlocked
0
Univariate HR(CG/IG)= 1.77
Multivariate HR(CG/IG)= 1.59
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VI.10 The importance of Prevention and General Deterrents
DWI First Offenders in NM
% of First Offenders
Each Year a Greater Fraction of DWI Offenders are First
Offenders. This indicates that our sanctions have been
more successful than our prevention efforts .
68%
66%
64%
62%
60%
58%
56%
54%
52%
50%
1st in 10 Years
1st since 1984
1994 1996 1998 2000 2002 2004 2006
Year of Arrest
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VII. Young Offenders (Under 30)
1. Have the highest DWI arrest rates
2. Have the highest re-arrest rates
3. Have the highest DWI crash rates
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VII.1.
NM DWI Citations by Age Group
5000
4500
4000
3500
3000
2500
2000
1500
1000
500
0
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DWI Citations Fall Off
Dramatically With Age
Underage drinkers do not have
the highest arrest rate, but
2007
2002
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VII.2 Those who have their first DWI before 21 have the highest 5 year re-arrest rate.
Recidivism of First Offenders in NM
For 147,808 Offenders Arrested Between 1991 and 2003
% Re-arrested within 5 years
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-75
Age Group
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VII.3.
Severe Alcohol-Involved Crash Rate
Crashes per 1000 Drivers in NM in 2004
4.00
3.50
3.00
2.50
2.00
1.50
1.00
0.50
0.00
15-20
21-24
25-29
30-34
35-39
40-44
45-49
50-54
55-59
60-64
65+
Age Range
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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
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VIII.1. Female DWI’s in NM
Fraction of DWI Offenders That Are
Female vs Year of Arrest
30%
25%
20%
15%
10%
5%
0%
1980
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1985
1990
1995
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2000
2005
2010
55
VIII. 2. Recidivism vs Duration of Interlock….PRELIMINARY DATA
Recidivism of Interlocked First Offenders
Recidivism of Interlocked 3rd Offenders
.3
Fraction Re-arrested For DWI
.4
.2
.1
.3
.2
Duration
Duration
>400 days
1 year is Best
<300 days
1
2
3
4
5
6
0.0
7
401-800 days
More than
2 years is best
300-400 days
0.0
0
>800 days
.1
0
T3 Time after interlock installation
1
2
3
4
5
6
300-400 days
<300 days
7
T3 Time After Interlock Installation
Recidivism of Interlocked 4+ Offenders
Recidivism of Interlocked 2nd Offenders
.5
Fraction Re-Arrested For DWI
.3
.2
.1
.4
.3
>400 days
<300 days
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2
3
4
5
T3 Time after interlock installation
6
401-800 days
.1
More than
2 years is best
300-400 days
0.0
1
>800 days
Duration
A year or
more is best
0
Duration
.2
7
0.0
0
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1
2
3
4
5
6
300-400 days
<300 days
7
T3 Time After Interlock Installation
From T4 101126.sav, T5 101128.spo
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VIII.3.
Sample of 15,109 Interlocked In New Mexico
Arrested In
Interlocked
Vehicle
N=~92 0.6%
Not Arrested While
Interlocked
Arrested In
Vehicle With
a Different
License Plate
N=~287 1.9%
N=14,730 97.5%
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VIII.4.
Ratio for New Mexico
8169 / 9829 = 0.83
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VIII.5. Crime and Punishment
Adam, Benito, and Charlie all go to a party,
have 5 drinks, and decide to drive home.
1. Adam gets home safely
2. Benito gets arrested for DWI
3. Charlie kills someone
What is the Punishment?
Charlie goes to jail. Benito gets an interlock. Adam home free.
What is the Crime?
All the same. Choosing to Drive after Drinking.
What is the difference?
LUCK
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VIII.6. Who Dies in Alcohol-Impaired Crashes?
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Most Countries Have per se BAC Limits Below 0.08%
Any Alcohol or
0.02%
Romania
Russia
Saudi Arabia
Slovakia
United Arab Emirates
Brazil
Bangladesh
Czech Republic
Hungary
China
Estonia
Poland
Sweden
0.03%
India
Serbia
Japan
Uruguay
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0.04%
Lithuania
Canada:
0.05%
Argentina
Australia
Austria
Belarus
Belgium
Bulgaria
Canada:
Costa Rica
Croatia
Denmark
Finland
France
Germany
Greece
Hong Kong
Iceland
Ireland
Israel
Italy
Latvia
Luxembourg
Macedonia
Netherlands
Peru
Portugal
Slovenia
South Africa
Spain
Switzerland
Thailand
Taiwan
Turkey
0.08%
CanadaMalaysia
Malta
Mexico
New Zealand
Puerto Rico
Singapore
United Kingdom
United States
Source: http://en.wikipedia.org/wiki/Blood_alcohol_content
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Recidivism: Interlock vs Hard Revocation
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IX.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 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.
Roth 4/12/12
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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. (or Void Registration or Bond
Requirement)
6. Vehicle forfeiture for driving a noninterlocked vehicle while revoked for DWI.
7. No end to revocation period before
satisfaction of at least one year of alcoholfree 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.
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Richard Roth, PhD
Executive Director Impact DWI
RichardRoth2300@msn.com
Impact DWI Websites
www.ImpactDWI.org
.www.PEDAforTeens.org
www.AlcoholTaxIncrease.org
www.RothInterlock.org
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Arrests per Month
Convictions per Month
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IV.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.
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IV.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
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IV.1.C Overall DWI Re-Arrests Substantially Reduced
Recidivism of NM DWI Arrestees
15.7%
16%
14.9%
13.7%
14%
Percent Re-Arrested
13.0%
12.4%
12.1%
12%
1yr
2yr
10%
9.1%
8.9%
7.9%
8%
7.0%
7.0%
2005
2006
7.2%
7.0%
6%
2001
2002
2003
2004
Year of Arrest
Roth 4/12/12
NHTSA/MADD Interlock Conference
2007
2008
2009
Roth 4/25/10
69
How To Allow Unrestricted Interlock Driving
Without Hard Revocation or Federal Penalty1
E.g.. Fed Highway Const Funds = $100 M to State DOT
1. DOT transfers 3% ($ 3 M) to Highway Safety Office.
2. DOT develops $3 M of Hazard Elimination Projects
and submits to Highway Safety Office (HSO).
3. HSO includes the Hazard Elimination Projects in
state’s Annual Highway Safety Plan to NHTSA.
4. NHTSA approves state’s Plan.
5. HSO transfers $3 M back to DOT for Hazard
Elimination Projects.
1. Based on 10/22/07 NHSTA memo from Marlene Markison and suggestions from Jerry Stanton
Roth 4/12/12
NHTSA/MADD Interlock Conference
70