Presentation on theme: "Ignition Interlock Devices Explained. Texas DWI Statistics Texas was number 1 in 2003 in the number of traffic fatalities involving alcohol. California."— Presentation transcript:
Texas DWI Statistics Texas was number 1 in 2003 in the number of traffic fatalities involving alcohol. California had 8% fewer alcohol related fatalities than Texas. In 1999, one out of every 150 miles driven on Texas roads was driven by a person with a BAC over.08. Source: National Highway Traffic Safety Administration
Texas DWI Statistics Alcohol was a factor in 170,000 accidents injuring 63,500 people in Texas in 1999. Texans incurred over $10 billion in monetary and property loss due to alcohol related collisions. Each alcohol related fatality caused an estimated $3.3 million of economic damage.
Strategies for Making Roads Safer Reduce the BAC needed to prove intoxication from.10 to.08. Mandatory incarceration for 72 hours on conviction of first DWI offense. Zero tolerance if driver under 21 has any detectable alcohol in their system. Mandatory installation of Ignition Interlock Devices (IIDs).
What is an IID? An IID is a mechanism designed to measure alcohol and prevent operation of a motor vehicle if too much alcohol is detected.
Where do you get an IID? An IID must be installed by one of six state approved vendors. Each vendor has licensed installers around the state to install their IID mechanisms. The State has approved eight different IID mechanisms.
Are all IIDs the same? No, there are differences from mechanism to mechanism. Each IID, however, shares some common features: The ability to prevent a vehicle from operating if the device measures BAC of over.03; The ability to measure ethanol alcohol only; The ability to give the driver multiple opportunities to retest;
Are all IIDs the same? If the driver fails multiple tests, the ability to disable the vehicle for a period of time; and The ability to maintain a tamper proof record of each start that can be downloaded monthly and reported to the supervising court.
DWIs and Intoxication A person commits and offense if the person is intoxicated while operating a motor vehicle in a public place. Tex. Penal Code §49.04(a) Intoxication means not having the use of mental or physical faculties by reason of the introduction of alcohol... or any other substance in the body or having an alcohol concentration of.08 or more. Tex. Penal Code §49.01(2)
The IID requirement Magistrates are required to order defendants charged with a subsequent DWI offense: to install an IID unless the magistrate finds that the installation of an IID “would not be in the best interest of justice” and not to operate any motor vehicle unless that vehicle is equipped with an IID. TCCP art. 17.441
Are IIDs unconstitutional? Yes. The requirement to install an IID is an infringement on the privilege of driving an automobile. The revocation of drivers licenses and privileges have not been found to be punitive. The requirement to install is a less severe infringement than license revocation and, therefore, does not constitute punishment and is not oppressive. Ex Parte Elliott, 950 S.W.2d 714, 717 (Ft Worth Court of Appeals, 1997)
Are IIDs unconstitutional? As an order requiring the installation of an IID is not punishment, the order to install an IID doe not constitute double jeopardy when the defendant is later tried for the DWI. Ex Parte Sells, 2000 Tex. App. Lexis 132 (Houston Court of Appeals- 1st District, 2000)
The Magistrate’s IID Order The Magistrate’s Order should include: 1. A requirement that the defendant install an IID; 2. At the expense of the defendant; 3. Within 30 days of release on bail; and 4. Not operate any motor vehicle, unless the motor vehicle is equipped with an IID.
The Magistrate’s Discretion not to Require an IID The magistrate has the discretion not to require the installation of an IID if installation is not in the “best interests of justice.” Reasons for excusing the defendant from the IID requirement include health and economic hardship. If the requirement is not imposed, the judge should enter an order to that effect.
If the Defendant does not Comply with the Magistrate’s IID Order The magistrate may revoke the bond if the magistrate finds by a preponderance of the evidence that the defendant violated conditions of the bond. TCCP art. 17.40
What happens after the Magistrate’s Order? The Magistrate is empowered to designate an appropriate agency to install and monitor IID. In some counties, the IIDs are monitored by pre-trial services, the probations department or even members of the judge’s staff.
Why does monitoring matter? Monitoring is key to the effective use of an IID system to reduce drunk driving. Each month the defendant reports to an IID center where the information in the device is downloaded. A monthly report is then transmitted to the monitoring agent.
Why does monitoring matter? Based on the monthly report, the monitoring officer can determine whether to recommend the bond be modified to include: additional drug/alcohol counseling; out-patient or in-patient treatment; or increased court supervision.