New Mexico Interlock Program

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New Mexico Interlock Program

• Richard Roth, PhD.
• Executive Director, Impact DWI
• Research Supported By
• NM TSB, PIRE, NHTSA, and RWJ

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Drunk Driver Plows into Mexican Bike Race One
Dead, 10 Injured , June 1, 2008
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The New Mexico Laws

• 1999 Optional Judicial Mandate for 2nd and 3rd
  DWI
• 2002 Mandatory Sentence for 1st 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 1st 2 yrs for
  2nd 3 yrs for 3rd and lifetime with 5 yr review
  for 4 or more.
• 2005 ALR and JLR periods increased

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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.

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Cravens Crash
Ignition Interlock Law
Down 36
Down 30
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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 DWIs should have interlocks
• 63 All arrested DWIs should have interlocks.

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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.

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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
  re-arrested for DWI than interlocked offenders.
• Hard revocation periods just teach offenders that
  they can drive without being arrested.

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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, not-convicted,
  and absconders)

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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.

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Comparison of Laws

• New Mexico

• Illinois

• Convicted offenders must install interlocks.
• Unless they are willing to lie.

• Convicted offenders must install interlocks.
• Unless they dont want to.

My Prediction 15 Install 70 Opt out 15
Will not respond.
Result 50 Install 40 Lie 10 dont drive.
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Model Ignition Interlock Programby Dick Roth
May 2, 2008

• 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.
• 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.
• 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 Programby Dick Roth
May 2, 2008 continued

• An Indigent Fund with objective standards such as
  eligibility for income support or food stamps.
• Vehicle immobilization or interlock between
  arrest and adjudication.
• Vehicle forfeiture for driving a non-interlocked
  vehicle while revoked for DWI.
• 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
  BACgt0.05 by any driver) .
• Criminal sanction for circumvention of IID.

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Thank You

• Richard Roth, PhD.
• 2300 West Alameda Unit D4
• Santa Fe, NM 87507
• 505-471-4764
• www.ImpactDWI.org
• www.PEDAforTeens.org
• RichardRoth2300_at_msn.com