New Mexico Ignition Interlock Laws Regulations Utilization Effectiveness

New Mexico Ignition Interlock: Laws, Regulations, Utilization, Effectiveness, Cost-effectiveness, and Fairness Richard Roth, Robert Voas, Paul Marques Supported by PIRE, NHTSA, and NM TSB 8 th Ignition Interlock Symposium August 26 -7, 2007 Roth 8/26/07 2007 Interlock Symposium 1

New York Times Editorial November 25, 2006. . “The initial (MADD) goal, which is backed by associations of State highway officials and car manufacturers, is to have all states do what New Mexico has already done: require that all convicted drunken drivers, even first-time offenders, have devices installed in their cars that measure alcohol in the breath and immobilized the car if levels exceed set limits. ” Roth 8/26/07 2007 Interlock Symposium 2

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) Roth 8/26/07 2007 Interlock Symposium 3

New Mexico Interlock Laws • 1999 Optional for 2 nd and 3 rd DWI. • 2002 Mandatory for all Aggravated and Subsequent DWIs. Indigent Fund • 2003 Ignition Interlock License Act: …. an alternative to revocation. • 2005 Mandatory Interlocks for all DWIs: 1 yr for 1 st ; 2 for 2 nd ; 3 for 3 rd ; Lifetime for 4+ Roth 8/26/07 2007 Interlock Symposium 4

NM Interlock Regulations NM DOT http: //ipl. unm. edu/traf/rules/interlockrules. doc • Objective: To implement Interlock Laws • Licensing of manufacturers, service centers, operators, and installers • Device standards & recording requirements • Installation, servicing, and removal. • Record keeping and reporting requirements Roth 8/26/07 2007 Interlock Symposium 5

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 5000 offenders surveyed. • . . But they only work if… • you get them installed. Roth 8/26/07 2007 Interlock Symposium 6

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How does New Mexico compare with other states in interlock utilization? Roth 8/26/07 2007 Interlock Symposium 8

Do Interlocked Offenders have a Lower Re-Arrest Rate? • Court Mandated Installations of Interlocks. --Selected as installations within 90 days after conviction. N = 3089 • Voluntary Installations. -Selected as all others. N = 4961 Roth 8/26/07 2007 Interlock Symposium 9

Court Mandated vs Voluntary Installations Roth 8/26/07 2007 Interlock Symposium 10

Effectiveness with Court Mandated Offenders Comparison Groups(RED) Roth 8/26/07 Interlocked Groups(GREEN) 2007 Interlock Symposium 11

Effectiveness with Volunteers RED=Comparison Groups Roth 8/26/07 ie. Not court-mandated GREEN=Interlocked Groups 2007 Interlock Symposium 12

Cravens Crash Down 36% Roth 8/26/07 2007 Interlock Symposium Ignition Interlock Law Down 30% 13

Statewide recidivism decreased. 8. 0% Before 6. 7% After A 16% Reduction Roth 8/26/07 2007 Interlock Symposium 14

Before After 8. 7% Before 6. 2% After A 29% Reduction Roth 8/26/07 2007 Interlock Symposium 15

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Fewer Alcohol Involved Fatal Crashes and Fatalities Roth 8/26/07 2007 Interlock Symposium 17

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Survey of Interlocked Offenders N = 796 Roth 8/26/07 77% 81% 69% 63% 2007 Interlock Symposium 19

January to September 2006 Roth 8/26/07 2007 Interlock Symposium 20

Interlocks Installed Per Conviction in First 9 months of 2006 Caution: this figure includes installations by persons not convicted, and changes of provider. Roth 8/26/07 2007 Interlock Symposium 21

Interlocks Installed per DWI Arrest by County in NM Jan-Sept 2006 Caution: Includes some changes of Provider. Room for Improvement Roth 8/26/07 2007 Interlock Symposium 22

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Proposals to Close NM Loopholes 1. Add “or electronic monitoring” for No car. 2. Vehicle Forfeiture for driving while revoked without an interlock. 3. Vehicle Immobilization or Interlock between arrest and adjudication. 4. Crime to contribute to circumvention. 5. Apply interlock sanction to juvenile offenders. 6. Mandate a period of alcohol-free DRIVING before getting unrestricted license. Roth 8/26/07 2007 Interlock Symposium 24

Legislative Recommendations 1. Immobilization or Interlock between DWI arrest and adjudication. 2. Mandatory Interlock for at least one year for all convicted offenders with electronic monitoring or urine testing as the only alternatives. 3. Compliance Based Removal. Requirement: No recorded BAC >. 05 by any driver for a year. 4. Interlock License as an Alternative to Revocation. 5. An Indigent Fund with objective standards. 6. Mandatory Period of Interlock before Unrestricted License Reinstatement. Roth 8/26/07 2007 Interlock Symposium 25