Effective and Ineffective Laws To Reduce Drunk Driving

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Effective and Ineffective LawsTo Reduce Drunk
Driving

• Richard Roth, PhD
• Executive Director, Impact DWI
• Citizen Lobbyist and Research Consultant
• Supported by PIRE, NHTSA, RWJ, and NM TSB
• RichardRoth2300_at_msn.com, 471-4764,
  www.impactdwi.org
• Houston Traffic Safety Conference. Nov. 16, 2006

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Crime and PunishmentAdam, Benito, and Charlie
drink a 6-pack at a party and decide to drive
home.

• Adam gets home safely.
• Benito is arrested for DWI
• Charlie kills someone
• What is the Punishment?
• Jail for Charlie Fines for Benito Zip for Adam
• What is the Crime?
• Deciding to drive after drinkingSame for all

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Distribution of DWI Offenders by Priors

• To Reduce Recidivism, You cannot ignore First
  Offenders

• To Reduce First Offenders, General Deterrence
  Prevention

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Distribution of Offenders by Priors and Alcohol
ProblemsA small (N70) Anonymous Survey of DWI
Offenders
Average 606 times
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AGE DISTRIBUTION
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GOAL ?

• Reduce Drinking
• Reduce Alcoholism
• Punish Offenders
• Change Behavior of Offenders
• Reduce Drunk Driving

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Goal To Reduce Drunk Driving
My Criteria For What to Do To Achieve the Goal

• Effective
• Cost Effective
• Fair

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Effective and Ineffective Laws

• Hard License Revocation
• Long Jail Sentences
• Treatment for All Subsequent Offenders
• Victim Impact Panels
• Interlocks for All DWI Offenders

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What Can We DoTo Reduce Drunk Driving
My Focus In This Talk

• Legislation
• Regulation
• Taxation

• Prevention
• Enforcement
• Adjudication
• Sanctions
• Treatment

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An Ignition Interlock is anElectronic Probation
Officer

• Dedicated Probation Officer in Front Seat
• On duty 24 hours per day
• Tests and Records daily BACs
• 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)

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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 4000 offenders surveyed.
• ..But they only work if
• you get them installed.

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15,000
Revised June 15, 2006 NoteStill missing data
from one distributor.
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Missing data from one distributor
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Missing data from one distributor
Texas with all distributors 9.1
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Motivation Continuum For DWI Offenders to
Install InterlocksUnder Existing and Possible
Laws

• From Incentives to Mandates
• From Carrots to Sticks
• From Legal Driving Privileges
• To Judicial Mandates

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New Mexico Interlock Laws

• 1999 Optional for 2nd and 3rd DWI.
• 2002 Mandatory for all Aggravated and Subsequent
  DWI. Indigent Fund
• 2003 Ignition Interlock License Act
  .an alternative to revocation.
• 2005 Mandatory Interlocks for all DWIs
  1yr for 1st 2 for 2nd 3 for 3rd Lifetime
  for 4

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My Estimate Last year At Annecy
Estimate
5688 So Far
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TEXAS
Highest in World
0.14
Interlock Installation Rate is increasing.
The Number of Currently-Installed Interlocks is
Increasing.
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Interlocks are Effective with Court Mandated
Offenders
Comparison Groups Interlocked Groups
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Statewide recidivism decreased when Interlocks
became mandatory.
A 16 Reduction
8.0 Before
6.7 After
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Before
A 29 Reduction
After
8.7 Before
6.2 After
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Goals

• Get Interlocks into the vehicles of all those
  arrested for DWI as soon as possible after
  arrest.
• Keep interlocks installed until there is evidence
  of Alcohol Free Driving for a year.

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Legislative Proposals

• On Arrest Immobilization or Interlock (DWI
  offenders are a flight risk and a danger to the
  public and the vehicle is hazard to the public)
• On Conviction Mandate interlock or sobrieter,
  paid for by offender
• On Attempts to Circumvent Interlock Mandate
  Vehicle Forfeiture

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Recommendations

• Immobilization or Interlock between DWI arrest
  and adjudication.
• Mandatory Interlock for at least one year for all
  convicted offenders with immobilization as the
  only alternative.
• Compliance Based Removal. Requirement No
  recorded BAC gt .05 by any driver for a year.
• Interlock License as an Alternative to
  Revocation.
• An Indigent Fund with objective standards.

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Innovative Interlock Laws in NM