Can Interlock Programs Tied to Reinstatement Work?

1
Can Interlock Programs Tied to Reinstatement
Work?

• Robert B. Voas and A. Scott Tippetts
• Pacific Institute for Research and Evaluation
• Calverton, Maryland

2
Acknowledgements

• This, as is the case on most of our work, is the
  product of a augmented PIRE team
• Dr. Paul Marques (PIRE)
• Mr. Scott Tippetts (PIRE)
• Dr. Dick Roth in New Mexico

3
Court Programs Unsuccessful in Motivating Most
DUI Offenders to Install Interlocks

• Most programs enlist 10 or less.
• Maximum installation rates
• New Mexico Mandatory Law 40 (Roth et al., 2007)
• Indiana 62 when alternative was house arrest
  (Roth, 2006)

4
Increasing Interlock Installations

• Risk of driving while suspended not sufficient
  over the short term to produce high installation
  rate
• Do administrative programs which require
  interlocks if offender is ever to be reinstated
  may increase installation rate?

5
Two Types of Mandatory Requirements for
Reinstatement

• Must install interlock if ever to reinstate.
• Can wait out period of interlock requirement and
  then reinstate without interlock.

6
Administrative Versus Judicial Program

• By requiring the installation of an interlock to
  reinstate the drivers license, Motor Vehicle
  Departments might be more successful than the
  courts in getting all DUI offenders to install
  interlocks.

7
Transportation Equity Act of the 21st Century
(TEA 21)

• Required a 1-year hard suspension for second
  offenders.
• Interlock or impoundment must also be applied.
• If interlock is applied, must be after the 1-year
  hard suspension

8
Transportation Equity Act of the 21st Century
(TEA 21) (cont.)

• To meet the TEA 21 requirement to impose
  interlock after a period of hard suspension.
• Some states (examples Florida, Michigan,
  Colorado) initiated an administrative program to
  require the installation of an interlock as a
  prerequisite for license reinstatement.

9
Interlock Requirement for Reinstatement

• Is appropriate based on high recidivism rate over
  an extended number of years following
  reinstatement.
• It takes 7 years or more for DUI offenders to
  approach the DUI arrest rate of the average
  driver (Peck, California DMV).

10
Recidivism Rate for First Offenders Following
Reinstatement
7 states, 3 million DUI offenders (Voas, 2007)
11
Recidivism Rate of Multiple Offenders Following
Reinstatement
7 states, 3 million DUI offenders (Voas, 2007)
12
Requiring Interlocks for Reinstatement of
Drivers License

• Problem
• Currently, many DUI offenders do not reinstate
  their drivers licenses when eligible to do so.
• Will addition of an interlock requirement further
  discourage reinstatement?

13
Requiring Interlocks for Reinstatement of
Drivers License (cont.)

• Weak enforcement is apparently failing to produce
  sufficient deterrence to DWS as evidenced by the
  fact that 9 of drivers on the road are driving
  illegally while suspended (DeYoung, Peck, and
  Helander, 1998).

14
Why Do DUI Offenders Delay Reinstatement?

• The severity of the sanctions for driving while
  suspended appear to deter some offenders
  (McCartt, 2002).
• The enforcement of DWS laws is generally weak
  (DeYoung, Peck, and Helander, 1998).
• Limited enforcement encourages illicit driving.

15
Why Do DUI Offenders Delay Reinstatement? (cont.)

• Three out of four suspended DWI offenders drive
  illicitly at least to some extent (Ross, 1988).
• This lack of significant deterrence also seems to
  be playing a role in motivating up to eight in
  ten multiple DWI offenders to delay reinstating
  their licenses (Tashima and Helander 1999).

16
California DUI Offenders Reinstating Within 3
Years of Eligibility
First DUI Offenders
Second DUI Offenders
Source Tashima and Helander, 1999
17
Florida Interlock Program

• Florida administrative interlock program is an
  example of a state program that requires the
  interlock as a prerequisite for reinstatement.

18
Key Features of Florida Interlock Program

• Required for reinstatementcannot be waited out.
• Provides for referral to monitoring program if
  offender receives a violation.
• Helps retain offenders with lockout events in
  program.
• Has an objective compliance-based referral system.

19
Key Features of Florida Interlock Program (cont.)

• Motor Vehicle Department receives compliance
  reports and monitors providers.

20
Reinstatement InterlockLaw
Applies to

• High BAC first offenders 6 months
• Second Offenders 12 months
• Third Offenders 24 months

21
Referral to Monitoring Program

• When an offender gets a violation
• .051 or higher BAC at startup.
• .051 or higher BAC while driving.
• Refusal to blow into the device.
• Tampering with the device.

22
Monitoring Consequence

• For a first violation, the offender is required
  to attend a single meeting with the local DUI
  program to ensure that the person on interlock
  knows how the device works and the purpose of the
  program.
• For a second violation, the offender is required
  to meet with the local DUI program every month
  for the duration of the time on the interlock
  device.

23
Florida DUI Offenders Required to Install
Interlocks (Sept. 2006)

• 51,043 DUI offenders required to install
  interlocks when eligible to reinstate.
• 35,862 serving suspension, not yet eligible.
• 15,181 eligible to reinstate with interlock.
• 13,112 had installed interlocks.
• 86 of eligibles have installed interlocks.

24
Proportion of Eligible Offenders Electing to
Install Interlocks
13,112 of the 15,181 86
25
Who Chooses to Install an Interlock?By Ethnicity
26
Who Chooses to Install an Interlock?By Age
27
Who Chooses to Install an Interlock?By Sex
28
Dropouts and Referrals to Treatment Among
Reinstated Offenders

• Total on interlock 13,112

(84)
(13)
(3)
29
Potential Benefits of Requiring Interlock for
Reinstatement

• May help offender avoid DUI offenses when
  exposure increases as a result of an increase in
  driving.
• It can allow motor-vehicle department to monitor
  reinstated DUI offenders and intervene if the
  offender is continuing to drink and drive.
• Length of time on interlock can be objectively
  determine based on performance.

30
What We Dont Know

• Will the interlock requirement discourage
  reinstatement?
• Will it encourage circumvention with a
  noninterlock car?
• If it discourages reinstatement, will offenders
  be encouraged to drive illicitly?
• Overall, will it increase or decrease recidivism?

31
The End

• Thank you!
• Questions??