1. Effective and Ineffective Laws To Reduce Drunk Driving Richard Roth, PhD Executive Director, Impact DWI Citizen Lobbyist and Research Consultant Supported by PIRE, NHTSA, RWJ, and NM TSB RichardRoth2300@msn.comRichardRoth2300@msn.com, 471-4764, www.impactdwi.org www.impactdwi.org Houston Traffic Safety Conference. Nov. 16, 2006

2. Richard RothHouston Traffic Safety Conference, November 2006 2 Crime and Punishment Adam, 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 drinking…Same for all

3. Richard RothHouston Traffic Safety Conference, November 2006 3 Distribution of DWI Offenders by Priors To Reduce Recidivism, You cannot ignore First Offenders To Reduce First Offenders, General Deterrence & Prevention

4. Richard RothHouston Traffic Safety Conference, November 2006 4 Distribution of Offenders by Priors and Alcohol Problems A small (N~70) Anonymous Survey of DWI Offenders Average = 606 times

5. Richard RothHouston Traffic Safety Conference, November 2006 5 AGE DISTRIBUTION

6. Richard RothHouston Traffic Safety Conference, November 2006 6 GOAL ? Reduce Drinking Reduce Alcoholism Punish Offenders Change Behavior of Offenders Reduce Drunk Driving

7. Richard RothHouston Traffic Safety Conference, November 2006 7 Goal: To Reduce Drunk Driving Effective Cost Effective Fair My Criteria For What to Do To Achieve the Goal

8. Richard RothHouston Traffic Safety Conference, November 2006 8 Effective and Ineffective Laws Hard License Revocation Long Jail Sentences Treatment for All Subsequent Offenders Victim Impact Panels Interlocks for All DWI Offenders

9. Richard RothHouston Traffic Safety Conference, November 2006 9 What Can We Do To Reduce Drunk Driving Legislation Regulation Taxation Prevention Enforcement Adjudication Sanctions Treatment My Focus In This Talk

10. Richard RothHouston Traffic Safety Conference, November 2006 10 An Ignition Interlock is an Electronic Probation Officer Dedicated Probation Officer in Front Seat On duty 24 hours per day Tests and Records daily BAC’s 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)

11. Richard RothHouston Traffic Safety Conference, November 2006 11 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.

12. Richard RothHouston Traffic Safety Conference, November 2006 12 Revised June 15, 2006 Note:Still missing data from one distributor. 15,000

13. Richard RothHouston Traffic Safety Conference, November 2006 13 Missing data from one distributor

14. Richard RothHouston Traffic Safety Conference, November 2006 14 Missing data from one distributor Texas with all distributors= 9.1

15. Richard RothHouston Traffic Safety Conference, November 2006 15

16. Richard RothHouston Traffic Safety Conference, November 2006 16 Motivation Continuum For DWI Offenders to Install Interlocks Under Existing and Possible Laws From Incentives to Mandates From Carrots to Sticks From Legal Driving Privileges To Judicial Mandates

17. Richard RothHouston Traffic Safety Conference, November 2006 17 New Mexico Interlock Laws 1999 Optional for 2 nd and 3 rd 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 1 st ; 2 for 2 nd ; 3 for 3 rd ; Lifetime for 4+

18. Richard RothHouston Traffic Safety Conference, November 2006 18 Estimate My Estimate Last year At Annecy 5688 So Far

19. Richard RothHouston Traffic Safety Conference, November 2006 19 Interlock Installation Rate is increasing. The Number of Currently-Installed Interlocks is Increasing. Highest in World TEXASTEXAS 0.14

20. Richard RothHouston Traffic Safety Conference, November 2006 20

21. Richard RothHouston Traffic Safety Conference, November 2006 21 Comparison Groups Interlocked Groups Interlocks are Effective with Court Mandated Offenders

22. Richard RothHouston Traffic Safety Conference, November 2006 22 8.0% Before 6.7% After A 16% Reduction Statewide recidivism decreased when Interlocks became mandatory.

23. Richard RothHouston Traffic Safety Conference, November 2006 23 8.7% Before 6.2% After A 29% Reduction Before After

24. Richard RothHouston Traffic Safety Conference, November 2006 24 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.

25. Richard RothHouston Traffic Safety Conference, November 2006 25 Legislative Proposals 1.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) 2.On Conviction: Mandate interlock or sobrieter, paid for by offender 3.On Attempts to Circumvent Interlock: Mandate Vehicle Forfeiture

26. Richard RothHouston Traffic Safety Conference, November 2006 26 Recommendations 1.Immobilization or Interlock between DWI arrest and adjudication. 2.Mandatory Interlock for at least one year for all convicted offenders with immobilization as the only alternative. 3.Compliance Based Removal. Requirement: No recorded BAC >.05 by any driver for a year. 4.Interlock License as an Alternative to Revocation. 5.An Indigent Fund with objective standards.

27. Richard RothHouston Traffic Safety Conference, November 2006 27 Innovative Interlock Laws in NM