Richard Roth, PhD.Executive Director, Impact DWI

Research Supported ByNM TSB, PIRE, NHTSA, and RWJ

Revised 10/27/08New Mexico Interlock Program Dick Roth 1

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Drunk Driver Plows into Mexican Bike RaceOne Dead, 10 Injured , June 1, 2008

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 4

Measures of Program Effectiveness

Increased Interlock Installation Rate.Reduction of Recidivism of Interlocked Offenders.Statewide Reductions in Recidivism.Statewide Reductions in Alcohol-Involved

Crashes.Statewide Reductions in Alcohol-Involved Injuries.Statewide Reductions in Alcohol-Involved

Fatalities.Perception of Fairness of the Sanction.

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Roth 3/11/08 NM Traffic Safety Summit 6

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Roth 3/11/08 NM Traffic Safety Summit 9

Recidivism of NM Drivers after a DWI ConvictionData from CTS407; Plot by Dick Roth 8/17/07

0%

2%

4%

6%

8%

10%

12%

14%

16%1

98

5

19

86

19

87

19

88

19

89

19

90

19

91

19

92

19

93

19

94

19

95

19

96

19

97

19

98

19

99

20

00

20

01

20

02

20

03

20

04

20

05

20

06

Year of Conviction

Fra

ctio

n R

e-A

rres

ted

Wit

hin

1 Y

ear

Cravens Crash Ignition Interlock

Law

Down 30%

Down 36%

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NM Ignition Interlock Installation Survey 16

Opinions of 1513 Interlocked Offenders They Consider Interlocks To Be

88% Helpful in avoiding another DWI83% Helpful at reducing their drinking89% Effective at reducing their drunk driving70% Cost-Effective..benefits outweigh the costs80% A Fair Sanction For DWI Offenders72% All convicted DWI’s should have interlocks63% All arrested DWI’s should have interlocks.

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

interlocks. (50% of Convicted offenders)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 31%.Alcohol Involved Injuries are down 39%.Alcohol Involved Fatalities are down 35%.

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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 Photo-BAC test.

Vehicle Immobilization or Interlock between arrest and adjudication.

No full license reinstatement without a mandatory interlock period.

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Comparison of Laws

New Mexico Illinois

Convicted offenders must install interlocks.

Unless they are willing to lie.

Convicted offenders must install interlocks.

Unless they don’t want to.

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Result: 50% Install; ~40% Lie; ~10% don’t drive.

My Prediction: ~15% Install; ~70% Opt out; ~15% Will not respond.

Model Ignition Interlock Programby Dick Roth May 2, 2008

1. Mandatory Interlocks as a condition of probation for all convicted offenders. 1 yr for 1st, 2 yrs for second, 3 yrs for 3rd, and 5 yrs for 4 or more.

2. Mandatory Home Photo-Id Breathalyzer for convicted offenders who claim “no vehicle” or “not driving. Daily requirement of morning and evening alcohol-free breath tests as a condition of probation.

3. An ignition interlock license available to all persons revoked for DWI with no other restrictions. Allow MVD to set fee to cover cost.

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Model Ignition Interlock Programby Dick Roth May 2, 2008 continued

4. An Indigent Fund with objective standards such as eligibility for income support or food stamps.

5. Vehicle immobilization or interlock between arrest and adjudication.

6. Vehicle forfeiture for driving a non-interlocked vehicle while revoked for DWI.

7. No end to revocation period before satisfaction of at least one year of alcohol-free driving with an IID. (eg. ≥ 5000 miles and ≥ 1 year with no BAC>0.05 by any driver) .

8. Criminal sanction for circumvention of IID. 5/2/08

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Thank You

Richard Roth, PhD.2300 West Alameda Unit D4

Santa Fe, NM 87507505-471-4764

www.ImpactDWI.orgwww.PEDAforTeens.org

RichardRoth2300@msn.com

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