New Mexico Interlock Program Richard Roth Ph D

New Mexico Interlock Program Richard Roth, Ph. D. Executive Director, Impact DWI Research Supported By NM TSB, PIRE, NHTSA, and RWJ Revised 10/27/08 New Mexico Interlock Program Roth Dick 1

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

The New Mexico Laws 1999 Optional Judicial Mandate for 2 nd and 3 rd DWI 2002 Mandatory Sentence for 1 st Aggravated and All Subsequent Offenders. 2002 Indigent Fund 2003 Ignition Interlock License available for all revoked offenders with no waiting period. 2005 Mandatory Sentence: 1 yr for 1 st; 2 yrs for 2 nd; 3 yrs for 3 rd; and lifetime with 5 yr review for 4 or more. 2005 ALR and JLR periods increased 4/14/2008 New Mexico Interlock Program Roth Dick 4

Measures of Program Effectiveness Increased Interlock Installation Rate. Reduction of Recidivism of Interlocked Offenders. Statewide Reductions in Recidivism. Statewide Reductions in Alcohol-Involved Crashes. Statewide Reductions in Alcohol-Involved Injuries. Statewide Reductions in Alcohol-Involved Fatalities. Perception of Fairness of the Sanction. 4/14/2008 New Mexico Interlock Program Roth Dick 5

Roth 3/11/08 NM Traffic Safety Summit 6

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Cravens Crash Down 36% Roth 3/11/08 NM Traffic Safety Summit Ignition Interlock Law Down 30% 9

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Opinions of 1513 Interlocked Offenders They Consider Interlocks To Be 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. NM Ignition Interlock Installation Survey 16

Measures of Program Effectiveness 32% of all persons arrested for DWI are installing interlocks. (50% of Convicted offenders) More currently-installed interlocks per capita than any other state or nation. Recidivism of interlocked offenders is reduced by 65%. Overall statewide recidivism is 30% lower since 2002. Alcohol Involved Crashes are down 31%. Alcohol Involved Injuries are down 39%. Alcohol Involved Fatalities are down 35%. 4/14/2008 New Mexico Interlock Program Roth Dick 17

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 times more likely to be rearrested for DWI than interlocked offenders. Hard revocation periods just teach offenders that they can drive without being arrested. 4/14/2008 New Mexico Interlock Program Roth Dick 18

Loopholes that Remain in NM “No Car” excuse. No interlock between arrest and adjudication (Learning, DWI, Absconding) Possibility of waiting out revocation period without interlock (for “no car”, notconvicted, and absconders) 4/14/2008 New Mexico Interlock Program Roth Dick 19

NM Loophole Fixes For those who claim “no car”, a fee equal to the cost of an interlock for supervised probation of the offender or an equally costly daily home Photo-BAC test. Vehicle Immobilization or Interlock between arrest and adjudication. No full license reinstatement without a mandatory interlock period. 4/14/2008 New Mexico Interlock Program Roth Dick 20

Comparison of Laws New Mexico Convicted offenders must install interlocks. Unless they are willing to lie. Result: 50% Install; ~40% Lie; ~10% don’t drive. 4/14/2008 New Mexico Interlock Program Roth Illinois Convicted offenders must install interlocks. Unless they don’t want to. My Prediction: ~15% Install; ~70% Opt out; Dick Will not respond. ~15% 21

Model Ignition Interlock Program by Dick Roth May 2, 2008 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. Mandatory Home Photo-Id Breathalyzer 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. 3. An ignition interlock license available to all persons revoked for DWI with no other restrictions. Allow MVD to set fee to cover cost. 1. 5/2/08 New Mexico Interlock Program Roth Dick 22

Model Ignition Interlock Program by Dick Roth May 2, 2008 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. 6. Vehicle forfeiture for driving a non-interlocked vehicle while revoked for DWI. 7. 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). 8. Criminal sanction for circumvention of IID. 5/2/08 New Mexico Interlock Program Roth Dick 23

Thank You Richard Roth, Ph. D. 2300 West Alameda Unit D 4 Santa Fe, NM 87507 505 -471 -4764 msn. com Richard. Roth 2300@msn. com 4/14/2008 New Mexico Interlock Program Roth Dick 24