2019 Campaign Report

REPORT TO THE NATION CAMPAIGN TO ELIMINATE DRUNK DRIVING 2019

Mothers Against Drunk Driving

MADD’S CAMPAIGN TO ELIMINATE DRUNK DRIVING ®

MADD National Office 511 E. John Carpenter Freeway Suite 700 Irving, TX 75062

877.ASK.MADD (877.275.6233) madd.org

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Creating a Nation of No More Victims As MADD approaches the 40th year of fighting to eliminate drunk driving, there are still over 10,500 deaths every year caused by drunk drivers. MADD is working hard to make a difference and this year we highlight the many success stories that hold the promise of creating a nation where mothers, fathers, sisters and brothers are no longer left to grieve the 100% preventable, senseless crime of drunk driving. MADD’s Campaign to Eliminate Drunk Driving, now in its 13th year, is the blueprint that will achieve this lofty, but reachable goal. Launched at a time when the number of lives lost to drunk driving remained stubbornly at about 13,000 per year, the Campaign propelled its army of volunteers and staff into action through a four-pronged approach: • Support for law enforcement and high-visibility crackdowns • Pass laws requiring ignition interlocks for all drunk driving offenders • Advocate for advanced drunk driving prevention technology • Push everyone to take personal responsibility for always making the right choice to not drink and drive As 2019 comes to a close, drunk driving is still the Number 1 killer on America’s roads. The decline in the number of people killed in the first few years after the Campaign began has once again stagnated at about 10,500 drunk driving deaths per year. While thousands of lives have been saved since 2006, it’s the 120,000 lives lost —and the families left behind — that drive MADD’s work every day. This Report to the Nation is a guide for supporters, state and federal legislators, volunteers, traffic safety partners and all who wish to help MADD reach its ultimate goal — No More Victims. Campaign Highlights 2006-2019 • Passed laws in 34 states and Washington, D.C. that require ignition interlocks as the only option for driving after a drunk driving offense. • Supported law enforcement through increased number of volunteers at sobriety checkpoints and annual recognition of law enforcement officers’ achievements in protecting roads from drunk drivers. • Formed partnerships that increase public support for safe driving alternatives, such as rideshare and designated drivers. • Passed stronger laws to help law enforcement protect and prosecute drunk drivers with child passengers. • Increased penalties in states for refusing an alcohol test after being pulled over by law enforcement. 2019 State Legislative Successes • Passed all-offender ignition interlock laws in Kentucky and New Jersey. • Passed interlock laws in Idaho, Oklahoma, and Texas to incentivize first- time offenders to use an ignition interlock and require these devices as part of any plea agreement. • Helped defeat legislation in North Dakota that would have outlawed sobriety checkpoints. • Protected children in New Mexico by endorsing a law creating a separate vehicle traffic law for driving drunk with a child passenger (making it the 48th to enact such a law). • Advocated for victim rights in Wisconsin with a law mandating a minimum five-year sentence in cases of drunk drivers who kill.

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Issam, Rima, Ali, Isabella and Giselle Abbas

January 6, 2019

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Every December, Issam and Rima Abbas and their children, Ali, Isabella and Giselle, piled presents into a red wagon and set out through their Northville,

Michigan neighborhood. They’d begun the annual holiday tradition by handing out gifts to six neighbors. By Christmas 2018, the family’s last, the number had grown to 18. “It’s nice to see how much a small gesture breaks down barriers,” Issam told his family. This was how the Abbas family lived their lives. Spreading peace and goodwill one act of kindness and humanity at a time. On Jan. 6, 2019, Issam, Rima, Ali, Isabella and Giselle were traveling home from a family vacation in Florida when a wrong-way drunk driver in Kentucky struck their vehicle, killing all five of them. Less than one year after that incomprehensible loss, their family – Rima’s sister, Rana Taylor, and her husband, Tom, along with Issam’s sister, Megan Abbas and her son, William – joined lawmakers on Capitol Hill to fight for federal legislation that would prevent a drunk driver from operating a vehicle. The Honoring the Abbas Family Legacy to Terminate (HALT) Drunk Driving Act by Rep. Debbie Dingell of Michigan and the Reduce Impaired Driving for Everyone Act of 2019 (RIDE Act) by Senator Tom Udall of New Mexico and Senator Rick Scott of Florida, would mandate advanced alcohol detection technology in all new vehicles and save 7,000 lives a year.

mother, wife and family medicine physician who devoted her talents to caring for others and advocating for those who couldn’t advocate for themselves. She believed that acts of love could heal and inspire. Issam Abbas, 42, was a dedicated husband, father, uncle and friend who taught and led others by the way he lived. A successful attorney for many years, he had a passion for justice and deep commitment to making the world more fair and equitable. Their first-born, “AJ,” inherited his parents’ compassion and strong sense of fairness. At 13, he was an old soul, a deep thinker and quiet contemplator who loved to read and excelled at sports. “Athletic and geeky,” he once said of himself. “Izzy,” 12, came next, and was most like her mother, gentle, sensitive and soft-spoken. She was the first to volunteer to help someone in need or make a new student feel welcome. She loved animals, especially her two cats, Stella and Wilson, and enjoyed spreading joy through baking. “Jazz,” 7, was the youngest of the Abbas children but packed the biggest personality, bringing happiness to any room she entered with her huge smile and special brand of goofiness. She loved being surrounded by family and friends. All of them believed in leaving the world a better place than they found it. This is their enduring legacy. MADD dedicates the 2019 Campaign Report to Issam, Rima, AJ, Izzy and Jazz, to the entire Abbas family, and to all the victims of the 100 percent preventable crime of drunk driving.

It would ensure what happened to the Abbas family never happens to anyone else.

Dr. Rima Abbas, 38, was a loving and beloved

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Campaign Initiatives

Advanced Technology Holds the Key

Before autonomous vehicles were part of daily conversation, MADD and automakers envisioned another type of automation: A passive technology that will stop someone who is drunk from driving. For the past 12 years, this ambitious, lifesaving concept has undergone extensive testing and development to create systems that will be obvious only to a driver who has been drinking. The advent of driverless technology has not changed the need to complete and deploy advanced drunk driving prevention technology; as long as a driver is needed to operate a vehicle, the risk of someone choosing to drive drunk will always exist. This year, federal legislation was introduced in both the U.S. House of Representatives and the U.S. Senate that would ensure advanced drunk driving prevention technology becomes standard in all new cars over the next decade. The HALT Act, named in honor of the five members of the Abbas family killed in January (see page 5), was introduced by U.S. Representative Debbie Dingell of Michigan. The RIDE Act was introduced in the Senate by Senators Tom Udall of New Mexico and Rick Scott of Florida. Their legislation is the key to stopping people who would otherwise drive while impaired by alcohol by requiring all new cars be equipped with factory-installed prevention technology as a standard safety feature. Federal legislation was introduced that would ensure advanced drunk driving prevention technology becomes standard in all new cars over the next decade.

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Technology exists today that will prevent drunk driving as a reactive measure after a drunk driving arrest or conviction.

Today’s Technology Saves Lives Technology exists today that will prevent drunk driving as a reactive measure after a drunk driving arrest or conviction. MADD’s advocacy for state laws that require ignition interlock use after every drunk driving offense has led to the passage of laws in 34 states (Kentucky and New Jersey in 2019). Ignition interlocks are in-car breathalyzers that can be installed in any vehicle and are proven to reduce repeat drunk driving by 67 percent. According to a 2018 Insurance Institute for Highway Safety study, all-offender ignition interlock laws reduce drunk driving deaths by 16 percent. When the Campaign to Eliminate Drunk Driving began, only one state, New Mexico, required interlocks for all convicted offenders. Today, every state has some type of ignition interlock law, including 31 states that require the devices for refusing an alcohol test. Since 2006, ignition interlocks have prevented over 3 million attempts to drive drunk, according to data collected from the top ignition interlock providers. Drunk driving arrests have decreased by almost 27%, while ignition interlock installations have increased by 245%. States with the toughest ignition interlock laws are making the most progress in saving lives. Currently, nearly 350,000 ignition interlocks are in use across the country. With full implementation of ignition interlock laws, the number should easily grow to over 500,000. MADD is continuously monitoring the courts and administrative processes to help states close loopholes and amplify the lifesaving results of requiring ignition interlocks for all offenders.

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Campaign Initiatives High-Visibility Enforcement, Fewer Tragedies MADD’s most important traffic safety partner in the fight to eliminate drunk driving is law enforcement. Officers across the nation spend extra hours on DUI patrols and conducting sobriety checkpoints, which are proven to reduce drunk driving crashes and deaths by 20%. They are also effective in catching and preventing drugged driving. In 2019, MADD launched the first nationwide “Saturation Saturday” campaign to highlight the everyday need for high-visibility law enforcement. On August 24, more than 150 volunteers and staff teamed up with more than 250 law enforcement agencies across the country to send a strong message that MADD stands with law enforcement officers and that alcohol- and drug-impaired driving will not be tolerated. Saturation Saturday was purposely planned during the National Highway Traffic Safety Administration’s August “Drive Sober or Get Pulled Over” campaign, because this is when federal paid advertisements remind motorists that if they drive drunk, they will be caught. During this time, it is critical to encourage law enforcement agencies to increase patrols as it is one of the most dangerous travel periods of the year. MADD also joins NHTSA for its winter “Drive Sober” campaign each year in mid- December through New Year’s Day — another heavy travel period with increased risk of drunk and drugged driving crashes. MADD’s support for law enforcement spans the entire year — from informal visits to shift roll calls, to participation at sobriety checkpoints, to the thousands of officers recognized each year at MADD’s Law Enforcement Recognition ceremonies. Support for high-visibility law enforcement means high-visibility gratitude from MADD.

In 2019, MADD launched the first nationwide “Saturation Saturday” campaign to highlight the everyday need for high-visibility law enforcement.

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Stopping Drunk Driving Starts with You

Drunk driving is no longer acceptable, thanks to grassroots efforts that started in 1980 and continue today. Everyone has a responsibility to help eliminate drunk driving. In 1986, MADD introduced the “designated driver” as a personal choice and critical alternative to driving drunk. Designating a driver is now part of the social conscience. Today, there is no excuse to drive drunk and risk lives on the roadways. With rideshare, along with taxi cabs and other transportation options, it’s now easier than ever to make the right choice to not drink and drive. None of this would be possible without the grassroots efforts by victims and volunteers who changed public opinion about mixing alcohol and driving. Despite reducing drunk driving deaths by half since 1980, there is still much work to do. One death is too many. More than 10,500 a year is unconscionable. Every person can help eliminate drunk driving through their own personal choices, and by joining MADD to advocate for stronger laws, support law enforcement and by taking every opportunity to stand up to any suggestion that drunk driving is OK. It will take everyone to get to No More Victims.

The Safest Choice Plan ahead and designate a non-drinking driver.

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Rating the States

To measure the success of the Campaign to Eliminate Drunk Driving, MADD rates every state on proven laws that support efforts to stop drunk driving and protect the public. The five rating categories are:

• IGNITION INTERLOCKS • SOBRIETY CHECKPOINTS • ADMINISTRATIVE LICENSE REVOCATION

• CHILD ENDANGERMENT • ALCOHOL TEST REFUSALS

Ignition Interlocks

MADD believes every drunk driver should use an ignition interlock for at least six months, starting upon the first arrest or conviction. The only option for driving after a drunk driving offense should be with the device installed. The in-car breathalyzers prevent a vehicle from starting if the driver’s blood alcohol concentration (BAC) exceeds the preset limit. MADD awards a half star to states with “all-offender” ignition interlock laws. The only option for driving after a drunk driving offense is with the device installed. To receive a full star, all-offender states must have “compliance-based removal” of ignition interlocks — meaning attempts to drive drunk while using the device will result in additional time until no failures are recorded. • 34 states and the District of Columbia require ignition interlocks after the first offense

• 22 states and the District of Columbia have compliance-based removal as part of their interlock laws

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Sobriety Checkpoints

REVISED ALR RATING Just like last year, states must have ALR law to qualify for a half-star. The requirement for the other half-star has been updated. • Old Criteria: States qualified if drunk drivers could install an interlock pre- conviction and time on the device counted toward the overall court conviction period prescribed on an interlock. • New Criteria: A state must mandate interlock use as the only way a person can drive during ALR. • Why the change: To simplify the rating and emphasize the effectiveness of ALR laws when an ignition interlock is required. Administrative License Revocation (ALR) Administrative License Revocation, or ALR, is the immediate suspension of a driver’s license by law enforcement at the time of arrest or refusal for a DUI. This critical law enforcement tool removes the immediate threat of a drunk driver harming innocent bystanders. ALR allows for other administrative action, such as restricted driving privileges or an ignition interlock requirement, to protect the public while the offender awaits trial. MADD awards a half star to states with ALR. To receive a full star, the states must mandate interlock use as the only way a person can drive during ALR. (see box for details) • 41 states and the District of Columbia immediately revoke driving privileges • 26 states and DC allow for the use of interlocks during an administrative license revocation period Frequent, well-publicized sobriety checkpoints save lives by catching drunk drivers already on the road and warning would-be drunk drivers to find another mode of transportation. Checkpoints reduce alcohol-related fatality and injury crashes by 20 percent. MADD awards a half star to states that conduct sobriety checkpoints. To receive a full star, states must conduct sobriety checkpoints at least once a month. • 37 states and the District of Columbia conduct sobriety checkpoints • 32 states and DC strengthen checkpoint enforcement by conducting them at least once a month

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Rating the States

Child Endangerment

High Court Ruling on Refusals In 2016, the U.S. Supreme Court affirmed states’ rights to charge suspected drunk driving offenders for refusing an alcohol breath test for which a warrant was not obtained. The Court agreed to this point regarding breath tests but not blood tests, which is why expedited warrants are needed, particularly in cases of impairment caused by drugs other than alcohol. Refusal rates are especially high in some states, such as Florida, where 82% of suspected impaired drivers refuse a chemical test, according to a March 2014 NHTSA Report. • 34 states allow for law enforcement to obtain an expedited warrant for alcohol or drug tests after a refusal. However, not all agencies possess the resources to follow this protocol after refusal. • 33 states require an ignition interlock or criminalize refusals, eliminating the incentive for a suspected drunk driver to refuse a test. About 20 percent of suspected drunk drivers refuse a sobriety test. This impedes efforts to remove drunk drivers and protect the public. Driving is a privilege and not a right and because of this, refusals should be treated the same as a failed sobriety test. Expedited warrants are needed for law enforcement to collect evidence to help prosecute drunk drivers. MADD awards a half star to states that expedite warrants for alcohol tests after a refusal. Another half star is awarded to states that require an ignition interlock for refusing an alcohol test. Driving drunk with a child passenger is a form of child abuse that should be met with additional penalties. MADD recognizes New York’s Leandra’s Law as the nation’s model child endangerment law. MADD awards a half star to states that impose misdemeanor charges for driving drunk with a child passenger. To receive a full star, states must treat this crime as a felony. • 48 states and the District of Columbia have additional penalties for driving drunk with a child passenger • Only seven states treat this crime as a felony. Refusals

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Make your voice heard at madd.org/takeaction.

Strong Laws Require A Strong Voice

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NATIONAL OVERVIEW

3.5 4.5 .

2.5 4.5 .

.5 4.5 0.

4.5 2.

4.5 2.

1.5 4. 1.

1.5 4.5 1.

4.5 4.5 4

3 4.5 4.

3 4.5 3.

4.5 4.5

4.5 3

4.5 4.5

4.5 4.5

4.5 5

4.5 3

4.5 3

4.5 3.

3.5 4.5 .

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Each state receives a cumulative total measuring its successes in overall legislative measures and law enforcement support. This helps MADD see at a glance how quickly that state is progressing toward ending drunk driving.

3 4.5

4.5 3.

4.5 3.

2 4.5

4.5 2.

4.5 3.5

2 4.5 2

1 4.5 1

2.5 4.5 .

4.5 2.

1.5 4. .

4.5 4

4.5 3

2.5 4.5 .

4.5 3.

3.5 4.5 3

4.5 4.

4.5 4.

4.5 4.5 .

4.5 4

4.5 4.5

4.5 3.

4.5 3

3 4.5

4.5 3.

4.5 3.

2.5 4.5 .

4.5 2.

4.5 4

4.5 4

16 STATES HAVE NO LAWS REQUIRING AN INTERLOCK DEVICE FOR ALL CONVICTED DRUNK DRIVERS

2.5 4.5 .

2.5 4.5 .

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STATE RATINGS

An expanded view of Alabama is available to the right as a reference for interpreting the ratings.

All-offender interlock law

Sobriety Checkpoints

Automatic License Revocation (ALR)

Child Endangerment

No Refusal

ALABAMA ARIZONA ALASKA

3.5 3.0

4.0 3.5

4.5

5.0

CONNECTICUT CALIFORNIA COLORADO ARKANSAS

3.0 3.5 4.0 3.5 4.0 3.0 2.5 3.0 3.5 2.5 4.0 4.0 2.0 2.5 3.0 4.5 2.0 1.0 2.0 4.5 3.0 3.5 2.0

3.5 3.0 4.5 4.0 4.5 3.5 2.5 2.5 3.5 2.5 4.5 4.5 3.0 2.5 3.5 4.5 2.0 1.0 2.5 4.0 3.5 3.0 2.5

DELAWARE

DISTRICT OF COLUMBIA

GEORGIA FLORIDA INDIANA ILLINOIS IDAHO HAWAII

IOWA

KANSAS

LOUISIANA KENTUCKY

MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN MINNESOTA MISSISSIPPI MISSOURI

All-offender interlock law

Sobriety Checkpoints

No Refusal

Automatic License Revocation (ALR)

Child Endangerment

ALABAMA

Law Present

Compliance based remova l

Conducts Checkpoints

Done at least monthly

Law Present

Interlock Device upon first-time arrest

DUI Misdemeanor

DUI Felony

Expedited Warrants

Interlock Device and/or Criminalized Refusals

All-offender interlock law

Sobriety Checkpoints

Automatic License Revocation (ALR)

Child Endangerment

No Refusal

MONTANA NEBRASKA

0.5 4.0 4.5 3.0 2.0 2.0 4.0 3.0 2.5 2.5 4.0 2.0 2.5 1.5 2.5 1.5 3.5 2.5

0.5 4.0 4.5 3.0 3.0 3.0 3.5 3.0 2.5 2.5 4.5 2.5 2.5 1.5 2.5 1.5 3.5 3.0 3.5 3.5 4.0 3.5 4.5 2.0 1.5

NEVADA

NEW HAMPSHIRE

NEW JERSEY NEW MEXICO

NEW YORK

NORTH DAKOTA NORTH CAROLINA

OHIO

OKLAHOMA

OREGON

SOUTH CAROLINA RHODE ISLAND SOUTH DAKOTA PENNSYLVANIA

TENNESSEE

UTAH TEXAS

3.0 3.0 3.5 3.5 4.5 2.0 1.5 2.96

VIRGINIA VERMONT

WEST VIRGINIA WASHINGTON

WYOMING WISCONSIN

AVERAGE STATE RATING

3.16

State Overview

ALABAMA

4.5 4

STATE SNAPSHOT

WAYS TO IMPROVE

• Conduct sobriety checkpoints at least monthly • Enact a law making child endangerment a felony

In 2014, Alabama became the 21st state to pass an all-offender ignition interlock law. In 2018, Alabama improved their interlock law closing loopholes and requiring that any diversion agreement must include the use of ignition interlock.

ALASKA

4.5 3.

• Strengthen interlock law by adding compliance-based removal • Legalize sobriety checkpoints and ensure they are conducted monthly

Alaska passed ignition interlock legislation for all convicted drunk drivers in January 2009.

ARIZONA

4.5 5

Arizona’s ignition interlock law requires convicted drunk drivers to use an ignition interlock (not wait out the interlock order) before obtaining unrestricted driving privileges. The first of its kind, this legislation passed in 2007 is one of the best in the country and as a result, drunk driving deaths in the state have decreased by 29 percent. Arizona is the only five star rated state.

ARKANSAS

4.5 3.

• Pass laws that allow for expedited warrants for suspected drunk driving offenders who refuse a test • Enact a law making child endangerment a felony

Arkansas has seen a 21 percent reduction in drunk driving fatalities since the 2009 law requiring ignition interlocks for all convicted offenders went into effect.

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CALIFORNIA

4.5 3

STATE SNAPSHOT

WAYS TO IMPROVE

• Pass an all-offender ignition interlock law • Enact a law making child endangerment a felony • Require ignition interlocks for refusals

In 2019, California launched a multi-year pilot program mandating interlocks for repeat offenders, while making the devices optional for first-time offenders. MADD is working hard in 2020 to ensure California joins 34 other states that require an interlock for all convicted drunk drivers.

COLORADO

4.5 4.

• Enact a law making child endangerment a felony

Colorado has been successful in reducing drunk driving fatalities. The state highly incentivizes the use of ignition interlocks for all convicted drunk drivers by allowing a shorter license suspension period for those who elect to go on an interlock immediately following a drunk driving conviction. MADD applauds Colorado on its continued efforts to keep the roads safe and protect the public from drunk drivers.

CONNECTICUT

4.5 4

• Pass laws that allow for expedited warrants for suspected drunk driving offenders who refuse a test • Enact a law making child endangerment a felony

Connecticut passed legislation in 2014 that greatly improved the state’s all-offender ignition interlock law. In 2016, Connecticut passed a child endangerment law, adding penalties for driving drunk with a child passenger.

DELAWARE

4.5 4.

• Enact a law making child endangerment a felony

Delaware enacted an all-offender ignition interlock law in 2014 making it the 24th state to do so. Since the law went into effect, drunk driving deaths decreased 46 percent! Nationally, drunk driving deaths increased by over 5 percent during this same time.

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State Overview

DISTRICT OF COLUMBIA

4.5 3.

STATE SNAPSHOT

WAYS TO IMPROVE

• Enact a law making child endangerment a felony • Pass laws that allow for expedited warrants for suspected drunk driving offenders who refuse a test and require ignition interlocks

Washington, DC passed an all-offender ignition interlock law in 2016. The law is nearly four years old and the District of Columbia still has not fully implemented this lifesaving law. MADD calls on the District to do more to stop drunk driving.

FLORIDA

4.5 2.

• Pass an all-offender ignition interlock law • Enact a law making child endangerment a felony • Pass a law requiring ignition interlocks or criminalizing refusal to submit to an alcohol test

Florida requires interlocks for first-time convicted drunk drivers with a BAC of .15 or greater since 2008. MADD is working hard in 2020 to ensure that all first-time drunk drivers use an interlock in Florida.

GEORGIA

4.5 2.

• Pass an all-offender ignition interlock law with compliance-based removal • Enact a law making child endangerment a felony • Pass a law requiring ignition interlocks or criminalizing refusal to submit to an alcohol test

Georgia updated its ignition interlock law in 2016 for the first time in 16 years, adding ignition interlocks as an option for first-time drunk driving offenders. Ignition interlocks continue to be required for repeat convicted drunk drivers.

HAWAII

4.5 3.

• Add a compliance-based removal requirement to the all-offender ignition interlock law • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test

Hawaii continues to be on the path to eliminating drunk driving. Since passing its ignition interlock law for all first-time convicted drunk drivers in 2011, the state has seen an increase in the number of interlocks installed. Due in part to the state’s 2011 interlock law, drunk driving deaths have dropped by 18 percent.

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IDAHO

4.5 2.

STATE SNAPSHOT

WAYS TO IMPROVE

• Add a compliance-based removal requirement to the all-offender ignition interlock law • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony

In 2018, Idaho took a big step to improving their drunk driving law by enacting an all-offender ignition interlock law. In 2019, lawmakers enacted legislation mandating the use of interlocks for any first-time drunk driver who enters into a diversion agreement.

ILLINOIS

4.5 4.

• Enact a law making child endangerment a felony

Illinois was among one of the first states to enact its all-offender ignition interlock law. Since 2009, the state has seen a 13 percent reduction in drunk driving fatalities.

INDIANA

4.5 3

• Pass an all-offender ignition interlock law • Pass a law requiring ignition interlocks or criminalizing refusal to submit to an alcohol test

Indiana passed legislation in 2014 to require ignition interlocks for repeat offenders and to allow a judge to order the devices for first-time offenders. Judges are granted too much discretion in the implementation of ignition interlocks. MADD calls on lawmakers to ensure that any person granted driving privileges immediately following a DUI must use an interlock during their license suspension.

IOWA

4.5 2.

• Add a compliance-based removal requirement to the all-offender ignition interlock law • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test

In 2018, Iowa took a big step to improving their drunk driving law by enacting an all-offender ignition interlock law.

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State Overview

KANSAS

4.5 4.

STATE SNAPSHOT

WAYS TO IMPROVE

• Enact a law making child endangerment a felony

Kansas lawmakers took action during the 2017 session to create a compliance based removal component to the state’s all-offender interlock law. Due in part to the state’s 2011 interlock law, drunk driving deaths have dropped by 34 percent.

KENTUCKY

4.5 3

• Enact administrative license revocation • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test

In 2019, Kentucky enacted legislation to require the use of ignition interlocks for all convicted drunk drivers.

LOUISIANA

4.5 2.

• Add compliance-based removal to existing all-offender ignition interlock law • Conduct sobriety checkpoints at least monthly • Enact administrative license revocation • Make ignition interlocks available to first offenders upon arrest • Enact a law making child endangerment a felony

Louisiana is on the path to eliminating drunk driving. The state is reaping the benefits of passing an all-offender ignition interlock law in 2007. As a result of this law, drunk driving deaths have decreased by 42 percent. However, lawmakers have done nothing to improve the law in nearly 13 years. MADD calls on lawmakers to close loopholes to ensure all first-time offenders use an interlock and that the device is mandated for any plea agreement.

MAINE

4.5 3.

• Add compliance-based removal to existing all-offender ignition interlock law • Conduct sobriety checkpoints at least monthly • Enact a law making child endangerment a felony

Maine became the 20th state to enact an all-offender ignition interlock law in 2013. Maine has not done anything to improve how they deal with ALL drunk drivers since the 2013 law went into effect. MADD calls on lawmakers to close loopholes in the law.

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MARYLAND

4.5 4.

STATE SNAPSHOT

WAYS TO IMPROVE

• Enact a law making child endangerment a felony • Require interlocks in all PBJ plea agreements or reductions in drunk driving charges

Maryland passed an all-offender ignition interlock law, “Noah’s Law” in 2016. Although drunk driving deaths are down 23 percent since the implementation of the law, a huge loophole exists in the drunk driving law, which allows every first-time offender to avoid an interlock by entering into a plea agreement. MADD is working with lawmakers in 2020 to advance legislation mandating the use of interlocks for any plea agreement.

MASSACHUSETTS

4.5 2

• Pass an all-offender ignition interlock law • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test • Require ignition interlocks or criminalize refusing an alcohol test

Melanie’s Law to require ignition interlocks for all repeat convicted offenders in Massachusetts went into effect in 2006. The state would see a greater decline in drunk driving fatalities as soon as this law is expanded to include first-time convicted drunk drivers at a .08 BAC or greater.

MICHIGAN

4.5 1

• Pass an all-offender ignition interlock law • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test • Enact administrative license revocation

Michigan is one of the lowest rated states for its drunk driving laws. Michigan lawmakers have failed to act on improving the drunk driving law in over a decade. MADD calls on lawmakers to enact drunk driving reform mandating interlocks for all convicted drunk drivers.

MINNESOTA

4.5 2.

• Pass an all-offender ignition interlock law • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test

Minnesota must strengthen the current drunk driving laws to require ignition interlocks for all convicted offenders with a BAC of .08 or greater and allow for sobriety checkpoints. MADD encourages lawmakers to act accordingly to protect the residents of Minnesota from drunk drivers.

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State Overview

MISSISSIPPI

4.5 4

STATE SNAPSHOT

WAYS TO IMPROVE

• Require interlocks in all plea agreements or reductions in drunk driving charges • Enact a law making child endangerment a felony

Mississippi became the 22nd state to pass an all-offender ignition interlock law in 2014 and continues to refine its program. MADD applauds Mississippi on its continued efforts to protect the public and for reducing drunk driving deaths by 22 percent since 2013.

MISSOURI

4.5 3.

• Bring back sobriety checkpoints (defunded 2017) and conduct at least monthly • Pass a law requiring ignition interlocks or criminalizing refusal to submit to an alcohol test

The state became the 18th state to require ignition interlocks for all convicted drunk drivers, effective in 2014. In 2017, the state took a seismic step backward by defunding lifesaving sobriety checkpoints.

MONTANA

4.5 0.

• Pass an all-offender ignition interlock law with compliance-based removal • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact administrative license revocation • Expedite warrants for refusing an alcohol test and require ignition interlocks or criminalize refusals

Montana has done little to reduce drunk driving, starting on the first offense, since the enactment of a .08 BAC per se law in 2003.

NEBRASKA

4.5 4

• Add compliance-based removal to existing all-offender ignition interlock law • Enact a law making child endangerment a felony

Nebraska enacted an all-offender interlock law in 2008 and made an improvement to it in 2011. MADD hopes lawmakers will take action to ensure the law follow best practices as it relates to ensuring interlocks are installed for all drunk drivers.

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NEVADA

4.5 4.

STATE SNAPSHOT

WAYS TO IMPROVE

• Enact a law making child endangerment a felony

In 2017, Nevada became the 30th state to enact an all-offender interlock law.

NEW HAMPSHIRE

4.5 3

• Enact a law making child endangerment a felony • Expedite warrants for refusing an alcohol test and require ignition interlocks or criminalize refusals

New Hampshire improved its DUI law in 2014 to become the 23rd state to enact legislation to require ignition interlocks for all convicted drunk drivers.

NEW JERSEY

4.5 3

• Enact administrative license revocation • Enact a law making child endangerment a felony

After more than 11 years of efforts by MADD, New Jersey became the 34th state to enact an all-offender interlock in 2019.

NEW MEXICO

4.5 3

• Add compliance-based removal to existing all-offender ignition interlock law • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test • Require ignition interlocks or criminalize refusing an alcohol test

New Mexico is reaping the benefits of passing an ignition interlock law in 2005. Drunk driving deaths have decreased by 31 percent. In 2019, the state enacted became the 48th state to enact a drunk drivintg child endangerment law.

25

State Overview

NEW YORK

4.5 3.

STATE SNAPSHOT

WAYS TO IMPROVE

• Expedite warrants for suspected drunk drivers who refuse an alcohol test • Require ignition interlocks or criminalize refusing an alcohol test

New York’s Leandra’s Law is a model child endangerment law, making it a felony offense to drive drunk with a child passenger. MADD hopes lawmakers make in improvement in 2020 to the interlock law as lawmakers have failed to act to improve the drunk driving law since 2013.

NORTH CAROLINA

4.5 3

• Pass an all-offender ignition interlock law with compliance-based removal • Make ignition interlocks available to first offenders upon arrest • Enact a law making child endangerment a felony

North Carolina has not made an improvement to the drunk driving law since 2007 when it enacted legislation mandating interlock for first-time offenders with a BAC of .15 or greater. The time has come for the state to join the 34 others that mandate these devices for all drunk drivers.

NORTH DAKOTA

4.5 2.

• Pass an all-offender ignition interlock law with compliance-based removal • Conduct sobriety checkpoints at least monthly • Enact a law making child endangerment a felony

North Dakota needs to take action to address all first-time convicted drunk drivers, not just repeat offenders.

OHIO

4.5 2.

• Pass an all-offender ignition interlock law • Enact a law making child endangerment a felony • Require ignition interlocks or criminalize refusing an alcohol test

Ohio passed Annie’s Law in 2016, expanding incentives for drunk driving offenders to choose an interlock in exchange for a reduction in their license suspension period.

26

OKLAHOMA

4.5 4.

STATE SNAPSHOT

• Add compliance-based removal to the all-offender ignition interlock law WAYS TO IMPROVE

In 2011, Oklahoma enacted an all-offender law, which has helped reduce drunk driving deaths by 33 percent. In 2019, lawmakers enacted legislation fine-tuning this law to ensure that all first-time offenders are utilizing this lifesaving device.

OREGON

4.5 2.

• Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony • Expedite warrants when a suspected drunk driver refuses an alcohol test • Require an ignition interlock or criminalize refusing an alcohol test

Oregon passed a mandatory interlock law in 2007 and closed a loophole in 2011 to require ignition interlocks in DUI diversion agreements - covering about half of all DUI offenders.

PENNSYLVANIA

4.5 2.

• Pass an all-offender ignition interlock law • Enact an administrative license revocation law • Enact a law making child endangerment a felony • Require interlocks in all ARD plea agreements or reductions in drunk driving charges.

Pennsylvania passed a law in 2016 that requires ignition interlocks for all drunk drivers with a blood alcohol concentration of .10 and above. MADD calls on lawmakers to enact an all-offender ignition interlock law or at the very least ensure that any first-time offender granted a plea deal, called ARD in the state, must also use an interlock for six months.

RHODE ISLAND

4.5 1.

• Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact an administrative license revocation law • Enact a law making child endangerment a felony • Expedite warrants for suspected drunk drivers who refuse an alcohol test • Require ignition interlocks or criminalize refusing an alcohol test

Rhode Island became the 28th state to pass an all-offender ignition interlock law in 2016.

27

State Overview

SOUTH CAROLINA

4.5 2.

STATE SNAPSHOT

WAYS TO IMPROVE

• Enact an all-offender interlock law • Enact a law making child endangerment a felony

Emma’s Law passed in 2014 after a long battle to pass ignition interlock legislation in South Carolina. MADD calls on lawmakers to expand Emma’s Law to all drunk drivers in 2020.

SOUTH DAKOTA

4.5 1.

• Pass an all-offender ignition interlock law with compliance-based removal • Enact an administrative license revocation law • Enact a law making child endangerment a felony • Require ignition interlocks for refusing an alcohol test

South Dakota is one of the lowest rated states for its drunk driving laws. In 2011, a law was passed allowing for the use of ignition interlocks started in conjunction with the state’s Sobriety 24/7 program. This move limits the use of interlocks to repeat and first-time offenders with a BAC of .17 or greater.

TENNESSEE

4.5 3.

• Enact an administrative license revocation law • Enact a law making child endangerment a felony

Tennessee’s all-offender ignition interlock law went into effect in 2013. This move, coupled with the use of no-refusal enforcement activities, has helped reduce drunk driving deaths by 15 percent.

TEXAS

4.5 3

• Add compliance-based removal to existing all-offender ignition interlock law • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Require ignition interlocks or criminalize refusing an alcohol test

Texas became the 25th state to pass an all-offender ignition interlock law in 2015. In 2017 and 2019, Texas lawmakers got tough on first-time drunk drivers by ensuring that an ignition interlock is used as part of any plea deal.

28

UTAH

4.5 3.

STATE SNAPSHOT

WAYS TO IMPROVE

• Add compliance-based removal to existing all-offender ignition interlock law • Conduct sobriety checkpoints at least monthly • Enact a law making child endangerment a felony

Utah is one of 34 states with an all-offender interlock law and is a leader in the fight to end drunk driving in the nation. Utah must continue to lead the nation by reforming the implementation of their ignition interlock law to ensure these devices are available upon license revocation for arrested and convicted drunk drivers.

VERMONT

4.5 3.

• Enact a law making child endangerment a felony • Pass laws that allow for expedited warrants for suspected drunk driving offenders who refuse a test

Vermont became the 27th state with a mandatory all-offender ignition interlock law in 2016.

VIRGINIA

4.5 4

• Enact a law making child endangerment a felony • Require ignition interlocks or criminalize refusing an alcohol test

Virginia enacted a law requiring ignition interlocks for all convicted drunk drivers in 2012. MADD calls on Virginia to join the majority of states to mandate ignition interlocks for any person granted driving privileges after refusal.

WASHINGTON

4.5 3.

• Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony

Washington passed an all-offender ignition interlock law in 2009. If Washington lawmakers want to deter impaired driving, legalize the option for law enforcement to utilize the lifesaving tool of sobriety checkpoints. This is proven to reduce drunk driving deaths by 20 percent.

29

State Overview

WEST VIRGINIA

4.5 4.

STATE SNAPSHOT

WAYS TO IMPROVE

• Enact a law making child endangerment a felony

West Virginia is on the path to eliminate drunk driving and one of the highest rated states for its laws. MADD applauds this state for its continued efforts to keep roads safe. Since the lifesaving interlock law was implemented in 2008, drunk driving deaths are down an astonishing 60 percent!

WISCONSIN

4.5 2

• Pass an all-offender ignition interlock law with compliance-based removal • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony

Lawmakers should be applauded for taking action in 2019 to increase incarceration for those who kill someone in a drunk driving crash. Lawmakers need to do much more including legalizing sobriety checkpoints, requiring interlocks for all convicted drunk drivers, and making any drunk driving offense a criminal misdemeanor like in 49 other states.

WYOMING

4.5 1.

• Pass an all-offender ignition interlock law with compliance-based removal • Legalize sobriety checkpoints and ensure they are conducted at least monthly • Enact a law making child endangerment a felony • Pass laws that allow for expedited warrants for suspected drunk driving offenders who refuse a test

In 2009, the state made improvements to its DUI law by requiring ignition interlocks for first-time convicted drunk drivers with a BAC of .15 or greater.

30

Ignition Interlocks

Combined with enforcement efforts, ignition interlocks are the best proven countermeasure available to stop drunk driving today. To date, 34 states and Washington, D.C. require ignition interlocks for all drunk driving offenders, and every state in the nation has some type of ignition interlock law on the books. Of the 16 states that do not mandate ignition interlocks for all drunk drivers, all but Massachusetts offer some type of ignition interlock use for first-time offenders. MADD’s legislative priority is to pass all-offender ignition interlock laws in the remaining 16 states, and continue to assess and strengthen existing laws to ensure this technology is being used to its fullest potential to save lives. States that have passed all-offender ignition interlock laws have experienced significant reductions in drunk driving deaths. For example, drunk driving deaths have decreased by 60% in West Virginia, 34% in Kansas and 29% in Arizona since their laws were enacted.

Status of Ignition Interlock Laws

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®

MADD National Office 511 E. John Carpenter Freeway Suite 700 Irving, TX 75062

877.ASK.MADD (877.275.6233) madd.org

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