Richard Roth, PhD.Executive Director, Impact DWI

Research Supported ByNM TSB, PIRE, NHTSA, and RWJ

4/14/2008New Mexico Interlock Program Dick Roth 1

Measures of Program Effectiveness32% of all persons arrested for DWI are installing

interlocks.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 30% in 4 yearsAlcohol Involved Injuries are down 32% in 4 years.Alcohol Involved Fatalities are down 22% in 5 years.

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The New Mexico Laws1999 Optional Judicial Mandate for 2nd and 3rd

DWI2002 Mandatory Sentence for 1st Aggravated and

All Subsequent Offenders.2002 Indigent Fund2003 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 increased4/14/2008

New Mexico Interlock Program Dick Roth 3

1999-2002 Optional Judicial Sanction For 2nd and 3rd DWI Offenders

Only 150 interlocks installed per year. (~4000 2nd or 3rd convictions per year)

Judges were reluctant to mandate interlocks for offenders who could not get a license to drive the interlocked vehicle.

Interlocked offenders did have a 65% lower re-arrest rate while interlocks were installed.

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Roth, R., Voas, R., Marques, P. Mandating Interlocks for Fully Suspended Offenders: The New Mexico Experience. Traffic Injury Prevention, 8, 20-25.

2003-5 Mandatory Judicial Sanctionfor 1st Aggravated and above,

Installation rate jumped from 150/yr to 1000 per year.

Judges were still reluctant to mandate interlocks for offenders who could not drive legally at all.

Many judges felt that they had to apply an additional sanction when interlocked offenders were prevented from driving because of a BAC > 0.025%.

Non-interlocked offenders continued to have 3 times the DWI re-arrest rate of interlocked offenders.

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June, 2003 Ignition Interlock License Act

for Revoked OffendersIILA reduced reluctance of judges to mandate

interlocks.Some (10%) of those on 10 year revocation for having

had 3 DWI convictions in 10 years took advantage of IILA to drive legally when sober.

Others installed to drive legally before adjudication.Installation Rate jumped from 1000/yr to 3000/yrVolunteers were a very self-selected group and it was

no surprise that they had an even lower re-arrest rate than mandated offenders.

One problem was that many 1st Ag’s were pled down.

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June 17, 2005

Mandatory Judicial Sanction1 yr for 1st, 2yrs for 2nd , 3 yrs for 3rd,

lifetime with 5 yr review for 4th+;

Installation rate rose from 3000 to 6000 per year.

6000/ 19,000 DWI arrests = 32%6000/12,000 DWI Convictions = 0.50Same 65% reductions in re-arrest rateMajor Remaining Loophole: No equivalent

sanction for those who claim “no car”, but are 3 times more likely to be re-arrested.

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Richard Roth; Robert Voas; Paul Marques. Interlocks for First Offenders: Effective? Traffic Injury Prevention. December 2007. 8:4, 346-352

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2002-2006 Z-scores of Interlock Installations and Six measures of Drunk Driving in New Mexico.

-2

-1.5

-1

-0.5

0

0.5

1

1.5

2

2002 2003 2004 2005 2006

Interlocks

DWI Arrests

A-I Crashes

A-I Injury Crashes

A-I Injuries

A-I Fatal Crashes

A-I Fatalities

Publicity, Increased Enforcement, and Forfeiture Ordinances also contributed to the declines in the the measures of drunk driving.

What We Have Learned in NMJudicial 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 FixesFor 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 BAC test.

Vehicle Immobilization or Interlock between arrest and adjudication.

No full license reinstatement without a mandatory interlock period.

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Model Program RecommendationAdministrative: After ALR, No full license

reinstatement without period of alcohol free driving in an interlocked vehicle. (1 yr no BAC>0.05 by any driver)

Judicial: Mandatory Interlock for all convicted offenders, minimum 1 yr of alcohol free driving.

Vehicle immobilization or interlock between arrest and adjudication.

An indigent fund with objective standards.Vehicle forfeiture for driving a non-interlocked

vehicle while revoked.

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