Ignition Interlocks: An Important Tool in the Effort to End Impaired Driving

Blowing into an Interlock Device

“Drive Sober or Get Pulled Over.”  For the past two weeks, ending today, Labor Day,  that was the message by NHTSA, law enforcement officers and traffic safety professionals across the country.  It is a national crackdown to end impaired driving; arresting those that drive impaired as one part of a comprehensive effort.  While crucial, to end impaired driving it will take much more than arrests.  It will take using all the tools available, before, during and after an arrest, which includes Ignition Interlocks.

What is an ignition interlock?  It is an instrument that takes a breath sample from a driver, and if the person’s BrAC (Breath Alcohol Content) is above a certain level, usually .02-.04, the car will not start.  Thus, the driver cannot put himself or herself at risk, along with everyone else on the road.  Of course, there were questions of reliability, and who is actually providing the breath sample, but these instruments have been in existence for over thirty years, and over time extensive improvements have resolved most of these issues.

One of the biggest questions used to be, how do we know who is providing the breath sample? What if the driver has a child or a spouse or friend blow into it? How will we ever know?  The interlocks of today require a person to blow in a particular pattern, or hum in a particular manner, or another similar technique specific to that ignition interlock, thereby requiring training for the individual who will be using it.  Also, many of today’s interlocks use a camera that takes a picture of the person blowing into it.  And, once the car is started and the person is driving down the road, the interlock will require a random “rolling test.”  A rolling test not only tests the driver again, but it also makes sure the driver didn’t start drinking after starting the car. Throughout this process, a small computer chip records the results of the breath samples from which a report is made and provided to the Department of Motor Vehicles, the courts, or other supervising agency.

An Ignition Interlock ready to be used.

A second issue with ignition interlocks is that it tests only for alcohol, not for any other drugs that impair a person’s ability to drive.  Drugged Driving is a significant and growing problem, but alcohol is still the predominate substance found in impaired driving charges.  An important tool should not be ignored because it misses a percentage of impaired drivers, especially when it does impact the vast majority.  Impaired driving is a complex issue; there is no silver bullet.  However, the bottom line is crystal clear—the benefits of using ignition interlocks strongly outweigh the negatives when dealing with the impaired driver.

Using ignition interlocks saves lives.  Twenty years of research has shown consistent results—while installed, an ignition interlock reduces recidivism by a range of 50 to 90%.[1]  But there is a crucial word in that sentence: “while.”  Unfortunately, the research has shown that for the alcohol-dependent offender, once the instrument is removed, the person goes back to the same behavior of drinking and driving. [2]  That is why treatment must be a component of any interlock program that involves alcohol-dependent offenders: to change their behavior.[3]

Since the research is clear that the instrument saves lives, why isn’t it being used more?  With 1.2 million DWI offenders,[4] and only 280,000 interlocks installed, [5] that is the crucial question.  Twenty states currently require all DWI offenders to have an ignition interlock installed in their car,[6] but it takes more than just passing a law.  It takes hard work by a number of key stakeholders to implement effective procedures and requirements based on the law and the research, and it takes educating everyone involved on the interlock’s benefits.

In many states before a DWI offender can get a driver’s license back, the Department of Motor Vehicles requires an ignition interlock be installed on the car. But what if the offender doesn’t try to get a license?  Other states use the courts to order an interlock, but with the courts’ current caseload, does a court have the ability to ensure compliance with its orders? These issues can be addressed and overcome, but they need to be recognized and solutions found.

There are a variety of other issues that must be addressed when implementing an ignition interlock law, including:

• Funding the program;
• Educating the public and key stakeholders on the effectiveness of ignition interlocks;
• Shortening the time for any delay in reporting of violations; and,
• Finding the appropriate response for non-compliance.

Each of these issues is interrelated and needs to be considered when moving forward on an ignition interlock law.  A great step-by-step process in implementing an ignition interlock program written by the Traffic Injury Research Foundation (TIRF) is The Implementation of Alcohol Interlocks for Offenders: A Roadmap.  As noted in the publication, the research has shown that significant gains can be made in reducing drunk driving, but now the focus must be on the implementation.  This was also the focus by the Ignition Interlock Institutes sponsored by Mother’s Against Drunk Driving (MADD) and reported in the NHTSA publication: Ignition Interlock Institutes: Promoting the Use of Interlocks and Improvements to Interlock Programs.

Ignition interlocks have received significant support from MADD, NHTSA, NTSB, CDC,[7] MAP-21,[8] and states all across the country.  It is an important tool in the effort to end impaired driving.  Is it the cure?  No. Impaired driving is a complicated issue with a variety of factors, but ignition interlocks are a crucial component in the solution and one we must not ignore.

What do you think?

September 2, 2013

In the clip below, Dr. Mark Rosekind, NTSB Board Member talks about Ignition Interlocks and the NTSB recommendations to end impaired driving.

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[1] Ignition Interlock Institutes: Promoting the Use of Interlocks and Improvements to Interlock Programs. July 2013. National Highway Traffic Safety Administration, DOT HS 811 815.

[2] Wrong-Way Driving, A Special Investigation Report. December 2012, National Transportation Safety Board. PB2012-917003.

[3] DWI Courts, known by some as Treatment Courts are using ignition interlock devices as a testing device while requiring treatment for the offender.  To learn more, click here.

[4] Traffic Safety Facts: 2011 Data Overview.  April 2013. National Highway Traffic Safety Administration, DOT HS 811 753.

[5] Ignition Interlock Institutes: Promoting the Use of Interlocks and Improvements to Interlock Programs. July 2013. National Highway Traffic Safety Administration, DOT HS 811 815.

[6] Obtained from www.madd.org.

[7] Centers for Disease Control (CDC).

[8] Moving Ahead for Progress in the 21^st Century.  The Federal Transportation law which provides incentive grant money for states to implement “all-offender” ignition interlock laws

24—7: A Useful Tool in Your DWI Prevention Toolbox

Annually, 1.4 million people are arrested for DWI and 1/3 are repeat offenders.[1] With 500,000 people being rearrested every year, something clearly didn’t work the first time.  Impaired driving is a complicated issue, and as with any complicated issue, there must be multiple responses; what stops one person does not necessarily stop someone else. A carpenter does not use just one tool to build a house; the right tool must be used in the right situation. In fighting impaired driving, one useful tool is the 24—7 Sobriety Program.

Created in South Dakota in 2005 as a pilot program, 24—7 has grown into a statewide endeavor that is gaining national acceptance. What is 24—7? It is an approach to addressing repeat offenders that requires the impaired driver, either while out on bond or after conviction, to show up at a central location, such as the sheriff’s department, and take a breath test twice a day, every day of the week. The underlying philosophy is if a person is being tested twice a day, morning and evening, it makes it more difficult to drink without getting caught, and if they do, the criminal justice system will know it and respond appropriately. If a breath test is positive, the consequences are “swift and certain.”  Typically, the defendants pay a small fee for each test to help fund the program, covering the costs of the officer doing the testing and the use of the equipment.

Does it work? The research indicates, yes, it does. In 2012, the Rand Corporation published a study finding that 24—7 can reduce problem drinking and improve public health outcomes.[2] The study found a 12% reduction in repeat DWI arrests. The program is considered such a success that it has been expanded to other crimes where alcohol is frequently involved, such as domestic violence.[3]

24—7 has also received support from the Federal Government with its inclusion in MAP—21 (Moving Ahead for Progress in the 21^st Century), the Federal Highway Transportation Act, with one major distinction: it defines 24—7 solely as a post-conviction program.  However, being included in MAP—21 allows a State Highway Safety Office to provide federal funds for a post conviction 24—7 program.

Ready for a breath test

Of course, like any traffic safety program, concerns arise and have to be dealt with. For example, when a defendant learns that he cannot drink because of the frequent testing, he may decide to use a different drug to get high. That problem is easily remedied with random urine screens testing for other drugs. Another issue is requiring a defendant to appear at a central location when she may not have a license to drive, especially if she is a repeat DWI offender or lives in a rural area. Other technologies, such as Transdermal Alcohol Monitoring Devices, which test for alcohol continuously, are used in many of these situations. While it is more expensive, it allows for the person who cannot appear to still be tested. Ignition interlock devices (IID) are also being used as a testing tool. While not designed for that purpose, requiring the defendant to start the car twice a day by breathing into an interlock[4] can give similar test results.[5]

Additionally, what about those individuals who are addicted to alcohol – how does this change their behavior? It doesn’t—long-term treatment is needed. But 24—7 can still be an important part of the process. It is just as critical, if not more, to know when an addicted person uses alcohol in violation of a court’s order.

Setting up a 24—7 program can be fairly straightforward.  Some of the steps are:

• Obtain an order from the court, either through bond conditions or a probation order
• Find an agency that will perform the tests
• Establish a central location for testing
• Determine the court’s response for the first positive test, and the second one, etc.
• Decide how much the defendant will pay, or if it will it be funded through a grant or other funding source
• Obtain other alternative testing procedures if the defendant is not able to get to the location
• Resolve how often urine or other testing is going to be done to determine other drug usage

No tool is for every use, all of the time. It is the combination of supervision, accountability,  long-term treatment when appropriate, and frequent alcohol and drug testing that can show the way and make a difference. But there is no question that 24—7 is one more tool that should be in the court’s toolbox in the comprehensive fight to end impaired driving.

July 1, 2013

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[1]   Traffic Safety Facts: Repeat Intoxicated Driver Laws, National Highway Traffic Safety Administration, January 2008, DOT HS 810 879

[2]   Beau Kilmer, Nancy Nicosia, Paul Heaton, and Greg Midgette. Efficacy of Frequent Monitoring With Swift, Certain, and Modest Sanctions for Violations: Insights From South Dakota’s 24/7 Sobriety Project. American Journal of Public Health: January 2013, Vol. 103, No. 1, pp. e37-e43

[3]   The Rand Study also looked at the impact of 24—7 with domestic violence cases and found a 9% reduction in domestic violence arrests.

[4] This type of test does not require the defendant to drive anywhere, just go out to the car and start it.

[5] These other technologies will be discussed in more detail in later blogs.

Related articles

• Combating DWI – Have We Done Enough? (trafficsafetyguy.com)
• AG releases results of sobriety program (siouxcityjournal.com)
• Wyoming lawmakers take serious look at South Dakota’s 24/7 Sobriety Program (trib.com)