New York Times Editorial November 25, 2006

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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.

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Reducing DWI With InterlocksThe New Mexico
Experience
Richard Roth, PhD Research Consultant and Citizen
Lobbyist Supported by PIRE, RWJ, and NM TSB

• Minnesota Interlock Symposium
• February 22, 2007

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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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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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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.

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Estimate
My Estimate In 2005
5688 So Far
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How does New Mexico compare with other states in
interlock utilization?
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How many interlock licenses have been granted
and is the rate changing?
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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

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Court Mandated vs Voluntary Installations
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Effectiveness with Court Mandated Offenders
Comparison Groups(RED) Interlocked
Groups(GREEN)
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Effectiveness with Volunteers
ie. Not court-mandated
REDComparison Groups GREENInterlocked
Groups
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No Priors
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Did the Mandatory Ignition Interlock Law Change
the Statewide DWI Re-arrest Rate?

• Overall NM DWI Re-arrests before and after
  mandatory interlocks and Licensing Act
• DWI Re-arrests in the County that used the most
  interlocks/DWI

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Statewide recidivism decreased.
8.0 Before
6.7 After
A 16 Reduction
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Before
After
8.7 Before
6.2 After
A 29 Reduction
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(No Transcript)
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Fewer Alcohol Involved Fatal Crashes and
Fatalities
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Survey of Interlocked Offenders
N 796
77
81
63
69
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January to September 2006
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Interlocks Installed Per Conviction in First 9
months of 2006
Caution this figure includes installations by
persons not convicted, and changes of provider.
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Interlocks Installed per DWI Arrest by County in
NM
Jan-Sept 2006
Caution Includes some changes of Provider.
Room for Improvement
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Proposals to Close NM Loopholes

• Add or electronic monitoring for No car.
• Vehicle Forfeiture for driving while revoked
  without an interlock.
• Vehicle Immobilization or Interlock between
  arrest and adjudication.
• Crime to contribute to circumvention.
• Apply interlock sanction to juvenile offenders.
• Mandate a period of alcohol-free DRIVING before
  getting unrestricted license.

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MN NM 2005 Comparison

• 4.9M 1.9M Population
• 86 43 White, non Hispanic
• 4 43 Hispanic and Latino
• 1.2 10 Native American
• 3.6M 1.2M Licensed Drivers
• 37,002 18,478 DWI Arrests
• 0.16 0.16 Average BAC
• 30,534 12,765 DWI Convictions
• 82 69 Conviction Rate
• 20,700 10,834 First Offenders
• 56 59 Percent First Offenders
• 201 189 Alcohol Involved Fatalities

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What does this trend imply? 1. Bad News More
Drunk Driving?.... or 2. Good News More
Enforcement?
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What do these trends imply?
Good News LESS DRUNK DRIVING
DWI
Or Safer Hiwaysor Safer Cars.or More Seat Belt
Use
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Recommendations for MN

• 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 significant period
  of time. Eg 1 year.
• Motivate those who do not drive Alcohol-Free to
  take advantage of Treatment.

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Administrative vs. Judicial Interlock ProgramsA
Roundtable Debate on Pros and Cons
With some revisions in YELLOW by Roth

• Presenters
• Robert Voas, Ph.D. Richard Roth, Ph.D.
• ParticipantsJim Mosher, J.D. Ian Marples,
  LL.B. Jim Frank, Ph.D.
• Robyn Robertson, M.A. Bill Rauch, D.A.

International Ignition Interlock
Symposium, October 22-24, 2006
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Ideal Judicial Program

• Interlocks as a condition of probation for all
  convicted offenders
• With electronic monitoring or periodic urine
  tests as the only alternatives
• Minimum of one year duration
• Compliance-Based-Removal No recorded BACgt0.05
  for 6 months prior to Removal
• Mandatory extra monitoring for the non-compliant.
  eg.UAs, Sobrieters, or SCRAM
• Mandatory Treatment if indicated by 5.

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JUDICIAL ADVANTAGES

• It is mandatory (if electronic monitoring,
  periodic urine tests, or jail are the only
  alternatives)
• It eliminates self-selection
• It gets more interlocks installed per DWI. Eg
  over 35 of those arrested in NM.
  .________________________
  _____________
• DISADVANTAGES
• Applies only to those convicted (65-85)
• Judicial Implementation Varies by judge
• Installation is not immediate after arrest.

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Ideal Administrative Program

• Upon arrest DMV suspends under ALR but offers
  free interlock program
• Upon conviction court orders electronic house
  arrest, or other electronic monitoring unless
  offender has installed interlock and begins to
  pay for it.
• DWI fines raised to cover interlock costs
• Compliance based removal and referral to
  treatment.

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• ADMINISTRATIVE
• ADVANTAGES
• Centralized authority and criteria
• Prompt Installation after arrest
• Allows changed offenders to drive legally
• Applicable to all arrested DWI offenders.
• DISADVANTAGES
• Large self-selection component
• Avoided by those who need it most
• Doesnt get many interlocks installed per DWI
• Doesnt reduce over-all recidivism by much.
• Many more Administrative Appeal Hearings

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Legislative Recommendations

• Immobilization or Interlock between DWI arrest
  and adjudication.
• Mandatory Interlock for at least one year for all
  convicted offenders with electronic monitoring or
  urine testing as the only alternatives.
• 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.
• Mandatory Period of Interlock before Unrestricted
  License Reinstatement.