Roth CircumventionInterlock Symposium How Do DWI Offenders Get Arrested While Interlocked? 8 th Ignition Interlock Symposium August 26-7, 2007 Richard Roth, PhD Research Consultant and Citizen Lobbyist Supported by PIRE, RWJ, and NM TSB

RothInterlock Symposium ,109 DWI Offenders Were Interlocked In New Mexico between 1999 and March % (N=379) Were Arrested While They Had An Interlock Installed In At Least One Vehicle 97.5% N=14,730 Were Not Arrested While Interlocked. ?

RothInterlock Symposium How Do Interlocked Offenders Get Re-Arrested? 1.They drive another vehicle. 2.An alcohol-free person rides along and blows for them 3.Circumvent the Interlock: Disconnect, jump start Your Guess ? ___%

RothInterlock Symposium What Data Was Available For Offenders Who Were Supposed to be Driving Interlocked Vehicles? License Plate of Re-Arrest Vehicle From Citation Tracking System License Plate of Interlocked Vehicle From Interlock Provider Reports 274 / 379 = 72% 245 / 379 = 65% Sample Size of Arrested Offenders Who Should Have Been Driving Only Interlocked Vehicles? 178 = 47% of 379Both Plates Available:

RothInterlock Symposium Re-Arrested Compared to Total Interlocked 1.3 more Prior DWI Arrests ( ) 1.0 more Prior DWI Convictions ( ) 7% Greater Percentage of Males(83%-77%)

RothInterlock Symposium Bias Check Does the sample (N=178) have the same average number of prior arrests as the total (N=379) who were re-arrested while supposedly interlocked? Yes. Same Average Prior DWI Arrests –3.66 for Sample –3.69 for Total who were re-arrested

RothInterlock Symposium Results for Sample (N=178) Arrest Vehicle had Same Plate as Interlocked Vehicle Arrest Vehicle had Different Plate than Interlocked Vehicle 76% of those arrested were driving a vehicle with a different plate than the interlocked vehicle. 76%

RothInterlock Symposium Assumptions 1.If the plates are different the vehicles are different. 2.The sample of 178 is an unbiased sample of the 379 who were arrested while they had an interlocked vehicle. 3.The results for the 178 sample can be extrapolated to the 379 Recidivists.

RothInterlock Symposium Results 1.1.9% of interlocked offenders are re- arrested while driving a vehicle other than the one that is interlocked 76% of 2.5% = 1.9% 2.0.6% of interlocked offenders are re- arrested in an interlocked vehicle 24% of 2.5% = 0.6%

RothInterlock Symposium Not Arrested While Interlocked N=14, % Arrested In Interlocked. Vehicle N=~92 0.6% Arrested In Vehicle With a Different License Plate N=~ % 15,109 Interlocked In New Mexico

RothInterlock Symposium Conclusions 1.Driving an interlocked vehicle while impaired is more frequent than we thought.(24% of 2.5%) 2.It may be an overestimate because offenders sometimes switch plates from an interlocked vehicle to the one they drive. 3.In any event, it is illegal and a small problem by comparison to the large number of offenders who do not install and continue to drive after drinking.

RothInterlock Symposium Final Thought Focus Laws on Getting More Interlocks Installed

RothInterlock Symposium Legislative Recommendations Mandatory Interlock for at least one year for all convicted offenders with electronic monitoring or urine testing as the only alternatives. Mandatory Period of Interlock before Unrestricted License Reinstatement. Interlock License as an Alternative to Revocation. Mandatory Immobilization or Interlock between DWI arrest and adjudication. Compliance Based Removal. Requirement: No recorded BAC >.05 by any driver for a year. An Indigent Fund with objective standards.