MADD Ignition Interlock Report 2016 - page 8

In this report, MADD looks at five key aspects to a first-
time offender ignition interlock law and three other
elements critical to implementation. MADD’s model
law is largely based on a CDC report, “Increasing
Alcohol Ignition Interlock Use: Successful Practices for
States,” released in May 2015.
Implementing these eight components in a first-time
offender ignition interlock law will boost interlock
installations, reduce repeat offenses and save lives.
MADD’S MODEL ALL-OFFENDER IGNITION
INTERLOCK LAW
Monitoring Interlock Users
Every 30 days or sooner,
the information from the interlock is downloaded by
a service center. This information is typically sent to a
monitoring agency (such as a court or driver’s license
agency) every reporting period and/or at the end of
the interlock restriction period. States should use this
information to confirm compliance with an interlock
order.
Administrative Component
It is important to have a
strong administrative component to an interlock law
to ensure that arrested drunk drivers can only be fully
relicensed if they demonstrate successful use of an
interlock during a license suspension — even if a judge
fails to order the device.
Educate Stakeholders and Public
States should
have dedicated working groups of government and
community stakeholders to make sure the interlock
law is being implemented and suggest changes as
needed to improve the law. Additionally, states could
better publicize interlock laws during the twice-yearly,
federally funded Drive Sober or Get Pulled Over drunk
driving crackdowns.
5 KEY COMPONENTS TO A FIRST-TIME OFFENDER LAW
Circumvention Penalties
Attempts to circumvent an
interlock device should result in fines, jail time or, at
the very least, extra time on an ignition interlock.
Indigent Fund
States must use an objective standard
when determining eligibility for help covering the
average cost of an interlock device at $2.50 per
day. Thirty states have a system that provides an
interlock at a reduced cost, some of which are through
agreements with interlock companies or fees paid by
other interlock users.
Interlocks for First-Time Refusals
Nationally, one in
five drivers arrested for suspicion of drunk driving
refuse a chemical test. In some states, like Florida,
the refusal rate is over 40 percent. Twenty-six states
require an interlock for refusals.
Interlock Available Upon Arrest
An ignition interlock
should be available upon arrest for any drunk driver
seeking driving privileges during a license suspension.
The sooner an interlock is installed, the lower the risk
the offender will drive illegally and unmonitored on a
suspended license.
Compliance-Based Removal
Every time an interlock
user attempts to start or use an interlock, that data is
recorded. This information can be used to determine
whether an offender will continue to drive sober
after the device is removed. Twenty-five states have
a compliance-based removal component that includes
extending time on an interlock for attempts to drink
and drive.
OTHER KEY COMPONENTS TO A FIRST-TIME OFFENDER LAW
1,2,3,4,5,6,7 9,10,11,12,13,14,15,16
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