7th Annual International Ignition Interlock Symposium

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7th Annual International Ignition Interlock
Symposium

• The Landscape of Federal and State Legislation
  and Making Ignition Interlock Systems a Policy
  Priority
• James E. Copple
• Senior Policy Analyst
• Pacific Institute for Research and Evaluation
• Calverton, Maryland

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Creating the Environment for Change

• Disruptive Technology
• MADDS Strategic Announcement May Offer an Answer
• How we got to Age 21 - .08 Enforcing Underage
  Drinking Laws
• Where is the OUTRAGE????
• 13,000 Dead
• That is the equivalent to 52 jumbo jetliners
  crashing this year
• That is about 35 deaths a day
• 30 deaths in every Congressional District

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Moving from Research to Policy

• Good Ideas Must Become Part of the Public
  Discourse
• Public Discourse Shapes Policy Priorities
• Authorization vs. Appropriation
• What is Our Communications Strategy to Move from
  Research to Policy
• Incentivizing the Process
• Being Intentional About Hill Strategy

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Legislative Strategy

• Educating Congress
• Educating State Legislatures
• Committee Demonstrations of the Technology
• Submitting Testimony
• Letter Writing Campaign
• Meeting with Key Congressional Leaders

5
Champions

• Big Hairy Ideas Require Champions
• Cultivating the Champion
• Getting Your Message to the Advocates
• MADD, CADCA, EUDL Grantees, NLLEA
• Understanding the Flywheel (Good to Great) and
  Building Momentum
• Electronic Age Verification Parallel

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Federal Legislation
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Highway Safety Programs

• Federal legislation states that Each State shall
  have a highway safety program approved by the
  Secretary, designed to reduce traffic accidents
  and deaths, injuries, and property damage
  resulting there from.
• This highway safety program must include six
  programs.
• One of these programs must be intended to
  reduce deaths and injuries resulting from persons
  driving motor vehicles while impaired by alcohol
  or a controlled substance.
• This federal legislation states that the
  Governor of the State shall be responsible for
  the administration of the program through a State
  highway safety agency.

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SAFETEA-LU

• Transportation Authorization Bill enacted into
  law in 2005
• Authorizes Appropriations through FY2009 for
  Federal-Aid Highways, Highway Safety Programs,
  and Transit Programs, and for Other Purposes.

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Provision in SAFETEA-LU relating to Ignition
Interlock Systems

• Section 2007 Alcohol-Impaired Driving
  Countermeasures Incentive Grant Program
• A state must comply with the requirements of this
  provision in order to be eligible for these
  grants.
• Authorizes 125 million for FY07, 131 million
  for FY08, and 139 million for FY09 for these
  Alcohol-Impaired Driving Countermeasures
  Incentive Grants.

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Eligibility Requirements of Section 2007

• To be eligible for these grants a State must
  carry out at least 5 out of the 8 programs and
  activities described under this provision.
• In 2 out of these 8 programs, ignition interlock
  devices are mentioned.

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Administrative License Revocation

• One of the two qualifications in Provision 2007
  that mentions interlock safety devices.
• Requires State to suspend drivers license for an
  individual who is convicted with driving under
  the influence of alcohol - at least 90 days for a
  first time offender and at least 1 year for a
  repeat offender.
• The individual can be allowed to drive to and
  from employment, school, or alcohol treatment
  program only if an ignition interlock device is
  installed.

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High Risk Drivers

• One of the two qualifications in Provision 2007
  that mentions interlock devices.
• Requires State to establish stronger sanctions or
  additional penalties for individuals convicted of
  operating a motor vehicle while under the
  influence of alcohol whose blood alcohol
  concentration is .15 percent more than the
  minimum.
• Requires at least a one year suspension of
  drivers license for a High BAC offender,
  during which time, the individual may be allowed
  to drive from the individuals place of
  employment or school and only in an automobile
  equipped with a certified alcohol ignition
  interlock device.

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Other Federal Legislation That Mentions Ignition
Interlock Systems
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Repeat Intoxicated Driver Law

• Already established law Section 164 of Title 23
  of the U.S. Code.
• In order to be in compliance with this provision,
  a State must put into place a repeat intoxicated
  driver law that suspends the offenders drivers
  license for at least one year AND either have the
  offenders vehicle impounded/immobilized OR
  install an ignition interlock system.
• If a State has not enacted or is not enforcing a
  repeat intoxicated driver law as described above,
  the penalty is that the Secretary of
  Transportation is instructed to transfer 3
  percent of Highway Safety funds apportioned to
  the State to be specifically allocated for
  alcohol-impaired driving countermeasures .

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H.R. 6233

• H.R. 6233 is Federal legislation that is
  currently being considered. It has passed the
  House and is waiting for consideration by the
  Senate.
• This legislation is to amend SAFETEA-LU. It
  makes a few corrections and additions to the
  already passed SAFETEA-LU legislation.
• One of the proposed additions is to amend the
  aforementioned section 164, title 23 of the U.S.
  Code described in the previous slide.
• The only change would be to allow a repeat
  offender to drive to and from work, school, or an
  alcohol treatment program during the first year
  after the offense takes place ONLY IF an ignition
  interlock device is installed on each of the
  motor vehicles owned by the individual.
• The penalties would remain the same as described
  in the previous slide.

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State Legislation
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Overview of State Laws

• 21 States have mandatory ignition interlock laws.
• AZ, AR, CA, CO, CT, FL, IL, IA, LA, MD, MA, MO,
  NJ, NM, OK, OR, PA, TX, UT, VA, WA
• 25 States have non-mandatory ignition interlock
  laws.
• AK, DE, GA, ID, IN, KS, KY, MI, MN, MS, MT, NE,
  NV, NH, NY, NC, ND, OH, RI, SC, TN, DC, WV, WI,
  WY
• Means that the decision of whether to require
  offenders to use ignition interlock systems lies
  with the discretion of the judge or with the
  offender who may choose to use the ignition
  interlock system or suffer the consequences of
  not using one which differs state to state.
• 5 States do not have any ignition interlock laws.
• AL, HI, ME, SD, VT
• Source MADD

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Specific Characteristics of State Laws

• Ten states require ignition interlock systems for
  second time offenders.
• Six States require ignition interlock systems for
  a restricted license (i.e. to drive to and from
  work).
• Washington
• Requires all high BAC offenders (including
  first time offenders) to use an ignition
  interlock system.
• New Mexico
• In 2005, New Mexico became the first State to
  pass a law that requires ignition interlock
  systems for all first time and repeat offenders.

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Contact Information

• For More Information
• Contact
• James E. Copple
• Senior Policy Analyst
• Pacific Institute for Research and Evaluation
• jcopple_at_pire.org or 301-755-2783