MADD State law overview 2022 all states

Ignition Interlock Laws in the United States 238 Legislative recommendations by Mothers Against Drunk Driving to improve lifesaving ignition interlock laws

Grading state ignition interlock laws

Introduction An ignition interlock is for a drunk driver post-arrest or conviction. Ignition interlocks have no relation to passive alcohol detection systems that use sensors integrated into a car that passively determine if the person behind the wheel is drunk. Research and data prove that ignition interlocks are the best way to stop a drunk driver from continuing to drive drunk. From 2006 to 2020, these devices stopped over 3.7 million attempts to drive drunk with a breath alcohol concentration of .08 or greater. These devices offer the only technology available that overrides the dangerous decision to drink and drive. For that reason, in 2006, Mothers Against Drunk Driving (MADD) included interlocks in its Campaign to Eliminate Drunk Driving. Effectiveness of ignition interlocks ✓ Reduce repeat drunk driving offenses by 67% while the device is installed compared to license suspension alone. (Centers for Disease Control and Prevention, 2011) ✓ Mandatory laws for all convicted drunk drivers reduce deaths by 16 percent (Insurance Institute for Auto and Highway Safety, 2018). ✓ Interlock is more effective than license suspension alone, as 50% to 75% of convicted drunk drivers continue to drive on a suspended license. (Nichols and Ross, 1990) ✓

As part of the Campaign, MADD recommends the mandatory installation of ignition interlocks in every state for every drunk driving offender. Interlocks must be installed for a minimum of six months. States should provide strong incentives for interlock use and compliance by drunk drivers. The first state ignition interlock pilot program began in California in 1986. When MADD launched the Campaign in 2006, there were only 100,000 interlocks installed in the United States. As of August 2017, there were nearly 349,000 interlocks in use. What is an ignition interlock? An ignition interlock is a device about the size of smart phone that requires a driver to blow into a mouthpiece to test their breath alcohol concentration before they can start a vehicle. If the device detects an alcohol level greater than allowed by the monitoring authority, it prevents the engine from being started.

Today, 34 states plus Washington, DC require or highly incentivize the use of an ignition interlock for every convicted offender. However, this 2021 Ignition Interlocks Laws in the United States found 245 gaps in the states’ interlock laws that MADD is urging Governors and legislatures to close in their upcoming sessions. The urgency for state action has grown as drunk driving deaths spiked over the past year even as vehicle miles traveled plummeted across the U.S.

Table of Contents

Interlock law recommendations …..4 Grading interlock laws ………………….5 -6 Alabama……………………………………….7 Alaska…………………………………………..8 Arizona…………………………………………9 Arkansas ………………………………………10 California…………………………………… ..11 Colorado………………………………………12 Connecticut ………………………………….13 Delaware ………………………………………14 D.C ……………………………………………… ..15 Florida …………………………………………..16 Georgia …………………………………………17 Hawaii …………………………………………..18 Idaho …………………………………………….19 Illinois …………………………………………..20 Indiana ………………………………………….21 Iowa ……………………………………………..22 Kansas ………………………………………….23 Kentucky ………………………………………24 Louisiana ………………………………………25 Maine …………………………………………..26 Maryland ……………………………………..27 Massachusetts ……………………………..28 Michigan ………………………………………29 Minnesota ……………………………………30 Mississippi ……………………………………31 Missouri ……………………………………….32 Montana ……………………………………….3 3 Nebraska ………………………………………… 34

Nevada ……………………………………………. 35 New Hampshire ………………………………. 36 New Jersey ……………………………………… 37 New Mexico …………………………………… .38 New York ………………………………………… 39 North Carolina ………………………………… 40 North Dakota …………………………………. .41 Ohio ………………………………………………… 42 Oklahoma ………………………………………..4 3 Oregon …………………………………………….4 4 Pennsylvania ……………………………………4 5 Puerto Rico……………………………………… 46 Rhode Island …………………………………… .47 South Carolina …………………………………. 48 South Dakota …………………………………… 49 Tennessee ………………………………………..5 0 Texas ………………………………………………..5 1 Utah ………………………………………………….5 2 Vermont ……………………………………………5 3 Virginia ……………………………………………..5 4 Washington ………………………………………5 5 West Virginia …………………………………….5 6 Wisconsin …………………………………………. 57 Wyoming………………………………………….. 58 Interlocks versus license suspension…. 59 Studies on interlocks…………………………. 60-63 Interlock drunk driving stops……………… 64 I nterlock drinking & driving stops……….65 -66 2021 Interlock Law Map…………………………..67

MADD Ignition Interlock Law Recommendations

34 states plus DC have all-offender ignition interlock laws, meaning that an arrested or convicted drunk driver must use an interlock in order to drive during a court or driver license agency license suspension. 28 states plus DC allow for the use of interlocks upon conviction or revocation. Some of these 28 states only allow certain drunk drivers the ability to obtain an interlock immediately. Ensuring these devices are available as soon as legally possible after a drunk driving offense will eliminate hoops drunk drivers must go through to obtain an interlock. Ten states require successful use of an ignition interlock before the person can obtain unrestricted driving privileges . If a person does not complete the use of interlock, the person cannot obtain legal driving privileges. 31 states plus DC have compliance-based removal laws meaning an interlock user must prove sobriety before exiting use of the device. These are important in changing behavior. Eight states require interlock use in plea agreements. Even under a mandatory law, interlocks may be waived as part of the plea deal, reduced charge or simply if not ordered by a Judge. MADD calls on interlocks to be part of every drunk driving sentence. As noted in the state overview of laws, some state interlock laws are not impacted by the threat of plea deals or diversion agreements undermining the implementation of their interlock thanks to strong DMV administered law. 31 states require interlock use for refusals, meaning that the only way a first-time offender who refuses can drive during a license suspension is via an ignition interlock. 14 states allow users the credit/time served for early installation of interlocks meaning a person can install an interlock as soon as legally possible after a drunk driving arrest. The time the person spends on the interlock is credited toward any DMV or Judicial interlock restriction. This aspect of an interlock is important as it incentivizes the use of interlocks for drunk drivers by replacing route or time restricted driving privileges. 36 states plus DC provide interlock users who meet certain criteria to use a device at a reduced rate . These are important to ensure all drunk drivers use an interlock.

All-offender interlock law

Interlock available revocation or conviction No wait out interlock order Compliance based removal Interlocks part of plea agreements or diversion Require interlock use for first-time refusals Day for day credit for early installation

Affordability Program

A B C D

100-90

Grading Ignition Interlock Laws Ignition interlocks are an invaluable and underused tool that can greatly reduce drunk driving. Most states are not maximizing the effectiveness of this tool. With drunk driving deaths increasing, it is time for states to double-down and ensure that all offenders utilize an ignition interlock during a license suspension period. MADD is calling on legislatures to take more action to close loopholes in drunk driving laws. MADD graded each state based on the following criteria:

80-89 70-79 60-69

0-59

Weighted Score

Law

Description of Score

A CDC meta-analysis of interlocks studies found that ensuring all offenders use an interlock to drive during a license revocation or suspension is proven to reduce repeat offenses by 67% compared to license suspension alone. This category of the law is the most important and the most weighted in our grading chart. States still make drunk drivers wait days or months before having the opportunity to be taught how to drive sober with an interlock. Ensuring these devices are available as soon as legally possible after a drunk driving offense will eliminate hoops drunk drivers must go through to obtain an interlock. Many states first enacted a .15 BAC law before an all-offender law. Ensuring that interlocks are required for first-time convicted drivers with a BAC of .15 or greater is important. The biggest loophole that the majority of states have with their interlock law is the ability to wait out the use of an interlock following revocation. The best way to ensure that a drunk driver uses an interlock is to require the person to use the device before ever obtaining a legal unrestricted driver’s license.

All-Offender

IID available upon revocation IID required for 1st .15 BAC No wait out of interlock Compliance- based removal

9 Studies on interlock found that once the device is off, the person can relapse and drive drunk again. Compliance- based removal extends a drunk driver’s use of an interlock when there are too many drunk driving attempts or other violations while utilizing the device. 2 A drunk driving offense typically costs more than $10,000. An interlock for six months costs around $500 total. However, a person’s inability to fully cover the cost of an interlock should not exclude any drunk driver from this lifesaving device. 5 According to NHTSA, nearly one in five suspected drunk drivers refuses to submit to a chemical test upon arrest. Ensuring that interlocks are a condition of any driving privileges granted for a refusal helps close loopholes, and the majority of states have enacted such laws. 2 The post-adjudication licensing process varies greatly from state to state, which makes the implementation of credit for installing interlock prior to a court conviction order of the device very tricky. However, in the interest of preventing further drunk driving behavior, it is important to make an interlock available as soon as possible after an arrest and allow the time on the device to count toward any court or DMV issued interlock restriction. 3 Plea deals or diversion agreements allow drunk drivers to avoid a conviction and fines. As noted in the state overview of laws, some state interlock laws are not impacted by the threat of plea deals or diversion agreements undermining the implementation of their interlock thanks to strong DMV administered law. However, through MADD's Court Monitoring Program, we found that only three out of every five drunk drivers are convicted for their original DUI offense. What does this mean for ignition interlock use? This means that interlocks are a bargaining chip when it comes to convicting drunk drivers; because of plea deals with courts, drunk drivers are avoiding using ignition interlocks.

Affordability program

IID Refusals

IID day for day credit

Interlocks as part of sentence for a drunk driver (plea/diversion)

Total 100 These grades are meant to encourage action in legislatures to improve drunk driving laws. MADD thanks prosecutors, law enforcement, highway safety officials and all of those involved with implementing current ignition interlock laws to keep the public safe.

Day-For- Day

Plea deal

No Wait- Out

All-Offender

0.15

CBR

Total

Revocation

Affordability

Refusal

35 35 35 35 35

10 10 10 10 10

9 9 0 9 0 0 9 9 9 9 9 0 0 0 9 9 0 0 9 0 0 9 9 9 9 9 9 0 0 9 9 9 9 9 0 0 9 0 9 9 0 9 9 0 9 9 0 9 9 9 9 0 0

2 2 2 0 0 2 2 0 2 2 0 0 2 2 2 2 0 2 2 0 2 2 2 2 2 2 2 0 2 2 2 2 2 2 2 0 2 0 2 0 0 0 2 0 2 2 0 2 2 2 2 2 2

5 5 5 5 5 0 5 5 5 0 0 0 5 5 5 5 5 5 5 5 0 5 0 0 0 5 0 0 5 5 0 5 0 0 5 0 0 5 0 5 0 5 0 0 0 0 5 5 5 5 5 5 5

2 0 0 0 0

3 3 0

100

Alabama Alaska Arizona Arkansas California Colorado

5.5*

0 0

69.5 D+

52 F

5.5*

23 23

3** 3**

90.5 A-

11 11

87 B+

14 F

35 35 35 35

0 0 0

10 10 10 10 10

11.5*

0 0 0 0 0 0 0 0 0 2 0 0 2 0 0 2 0 0 2 2 0 0 2 2 0 0 0 2 0 0 0 0 0 2 0 0 0 0 2 0 0 0 0 2 2 0

3**

75.5 C

Connecticut

3 3 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 3 0 0 0 0 0 0 3 0

85 B

Delaware

5.75*

69.75 D+

D.C.

0 0 0 0 0 0 0 0

67 D 19 F 5.5 F

Florida Georgia Hawaii Idaho Illinois Indiana

0 0

5.5*

35 35 35

10 10 10

63 D- 55 F 72 C- 29 F 61 D- 75 C 74 C 55 F 47 F

11 11 11

Iowa

35 35 35 35 35 35

10 10 10 10 10 10

Kansas

Kentucky Louisiana

0 0 0

0 0

Maine

Maryland

5.75*

79.75 C+

0 0 0

0 0

0 0 0

0 0 0 0 0 0 0 0 0 0

11 F 11 F 24 F 74 C

Massachusetts

Michigan Minnesota Mississippi Missouri Montana Nebraska

11 11 11

35 35

10 10

67 D+

0 0

0 F

35 35 35 35 35 35

5.5*

49.5 F

Nevada

10 10 10 10 10 10

74 C 56 F

New Hampshire New Jersey New Mexico

5.5*

66.5 D

11 11

90 A- 69 D+

New York

0 0 0 0 0 0 0 0 0

0 0 0

5.5*

22.5 F

North Carolina North Dakota

0 0 0 0

0 0

0 F

Ohio

11 F 53 F 59 F

Oklahoma

35 35

10 10 10

Oregon

Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota

0 0

5.5*

31.5 F

0 F

5.5* 5.5*

10 10

64.5 D

0 0

11.5

38 F

0 0 0 0 0 0 0 0

0 F

Tennessee

35 35 35 35 35 35 35

11 11

10 10 10 10 10 10 10 10 10

69 D+ 70 C- 50 F 75 C 75 C 77 C+

Texas Utah

Vermont Virginia

11 11 11 11

3** 3**

Washington West Virginia

3 0 0 0

74 C 34 F 18 F

Wisconsin Wyoming

0 0

5.5*

11.5*

*Partial credit as aspect of law only applies to certain drunk drivers. **Strong administrative IID law neutralizes threat of plea deals to avoid interlock use.

51.13 F

Average

Alabama Alabama ’s all-offender interlock law went into effect in July 2014. From 2006 to 2020 in Alabama, interlocks stopped 8,404 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 2,447 attempts to drive drunk in 2020. Why does MADD call the law all-offender? We call it all- offender as the only way a first-time convicted drunk driver can drive from day 1 to 90 of a license suspension is by using an interlock equipped vehicle or the person cannot drive a vehicle at all.

Grade: D+ (69.5/100) Alabama’s interlock law is all-offender and makes users prove compliance with the order before exiting the program. However, the law makes most drunk drivers wait before being able to install an interlock and allows those ordered on the device to avoid it by waiting out their time on an ignition interlock.

Process to obtain an ignition interlock 1. Complete jail sentence and wait out suspension period (if applicable). 2. Attend DUI school (if applicable). 3. File a Request for Reinstatement Requirements (DI-46a). 4. Get proof of SR-22 insurance. 5. Schedule an appointment to have an interlock device installed. 6. Visit an Alabama driver’s license office to complete your reinstatement . 7. Complete any pending court regulations.

Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation

A person can go an interlock for 90 days in lieu of a 90-day license suspension

Allow for the use of interlock upon revocation or arrest for all drunk drivers.

First offense

Upon conviction

First offense .15 BAC or more

1 to 2 years

45 days after conviction

Second offense

45 days after conviction 2 to 4 years

First refusal 45 days after conviction 2 years Can a drunk driver wait out an interlock order?

Yes

Legislative Recommendation

Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license

Compliance based removal? Yes Any violation extends the period on an interlock by six months from the date of violation. A violation includes: 1) A breath sample at or above a minimum BAC level of.02 recorded more than four times during a monthly reporting period, 2) Any tampering, circumvention, or bypassing of the device, or attempt thereof, 3) Failure to comply with the servicing or calibration requirements of the interlock every 30 days. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? Yes Affordability program? Yes An indigent offender pays one-half of the costs associated with installing and maintaining an interlock for a period of no more than two years at which time the offender pays the full remaining cost for any sentence left for interlock.

Sources: §32-5A-191, Alabama Law Enforcement Agency

Alaska Alas ka’s all -offender ignition interlock law went into effect on January 1, 2009. From 2006 to 2020 in Alaska, interlocks stopped 18,036 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 1,146 attempts to drive drunk in 2020. Why does MADD call the law all-offender? Judges must order ignition interlocks for six months for any first-time convicted drunk driver. Process to obtain an ignition interlock 1. May need to complete the Alcohol Safety Action Program. 2. Apply for a limited license; upon approval, meet the license requirements.

Grade: F (50/100) In 2008, Alaska enacted an all-offender ignition interlock law. The state also requires these devices for refusals. The state must make many improvements to the current law to ensure more drunk drivers use these devices and to close loopholes.

3. Get proof of insurance such as an SR-22 certificate. 4. Schedule an appointment to have an interlock installed. 5. Contact the DMV to ensure that you have fulfilled your requirements. 6. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations

Duration on ignition interlock

Legislative Recommendation Eliminate the waiting period to install an interlock and allow for the use of an interlock upon revocation

How soon can an ignition interlock be installed?

First offense

30 days after conviction

6 months

Second offense

90 days after conviction

12 months

First refusal

30 days after conviction

6 months

Can a drunk driver wait out an interlock order?

Yes

Legislative Recommendation

Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.

Compliance based removal?

Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).

Legislative Recommendation

Day-for-Day credit for early installation?

Legislative Recommendation

Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.

Interlocks required for plea agreements or diversion?

Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.

Legislative Recommendation

Affordability program? Yes If a judgment allows costs of the device to be credited against the fine in this case, the person must submit adequate proof of payment to the clerk by the deadline stated by the court.

Sources: §28.35.030(b), §12.55.102, §11.76.140, §28.15.201, AAC 90.230, Division of Motor Vehicles

Arizona Arizona’s all -offender ignition interlock law went into effective in September 2007. From 2006 to 2020 in Arizona, interlocks stopped 120,782 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 11,005 attempts to drive drunk in 2020. Why does MADD call the law all-offender? Any first-time drunk driver must show proof of compliance with 6 to 12 months on an interlock before ever obtaining a regular unrestricted driver license.

Grade: A- (90.5/100) In 2007, Arizona enacted an all-

offender ignition interlock law that is one the most effective laws in the Nation. The state can still improve their law by closing loopholes, specifically by

Process to obtain an ignition interlock 1. Contact the Arizona MVD to have driving record reviewed. 2. Complete Part A of the Revocation Application. The remaining sections should be completed with the assistance of: a. A Court Clerk, Arizona Department of Corrections parole/probation officer, or Judge. b. A Substance-Abuse Counselor, Physician or Psychologist. 3. If the MVD determines person is eligible for reinstatement, schedule an appointment to have an interlock installed. 4. Get proof of Future Financial Responsibility (SR-22). 5. Visit the MVD and submit SR-22 along with payment for the application fee and $20 reinstatement fee. 6. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation allowing for the use of interlocks following revocation of a license.

Allow for the use of interlocks upon license revocation (not conviction) and eliminate the waiting period for a person to use an interlock during the administrative license revocation period.

First offense

Upon Conviction

6 to 12 months

Second offense

Upon Conviction

12 months

First refusal

Upon Conviction

12 months

Can a drunk driver wait out an interlock order?

Compliance based removal? Yes If an offender is caught driving a non-interlock equipped vehicle, the duration on an interlock is extended by one year. If there is a report of tampering, circumvention or certain other violations, the time period on interlock is extended from six to twelve months. There is a DMV hearing process so an offender can contest interlock time extensions. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? Not applicable The implementation of Arizona’s interlock law is mainly administrative and not solely reliant on the Court system. As a result, the use plea agreements or diversion to avoid interlock use does not play a factor in undermining the use of this lifesaving device for drunk drivers. Affordability program? No Legislative Recommendation Create an indigent program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.

Sources: §28-1382-9,10, §28-1381, §28-1383, §28-1401, §28-1402, §28-1321P, §28-1381(K)(4), §28-1382 (D)(5) and (F)(5), §28-1383(J)(1), §28-3319(D)and(E), Arizona Department of Transportation

Arkansas Arkansas’ all -offender ignition interlock law went into effect in April 2009. From 2006 to 2020 in Arkansas, interlocks stopped 112,531 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 17,835 attempts to drive drunk in 2020. Why does MADD call the law all-offender? Any first-time drunk driver can only drive legally during the six months following a DUI license suspension if the person installs an interlock.

Grade: B+ (87/100) Arkansas has an effective all-offender ignition interlock law as it requires all drunk drivers to use the device before obtaining an unrestricted license. The law could be made even better by closing loopholes.

Process to obtain an ignition interlock 1. Contact the Driver Control office (DMV) to see if approved for an interlock restricted license. 2. Complete the application; upon approval, submit reinstatement fee to the MVD (if applicable). 3. Get proof of insurance (SR-22 certificate). 4. Schedule an appointment to have an interlock device installed. 5. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock First offense Immediately following license restriction from the Department of Driver Control. 6 to 12 months Second offense 2 years First refusal 12 months Can a drunk driver wait out an interlock order? Yes

Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.

Legislative Recommendation

Compliance based removal?

Legislative Recommendation

Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).

Day-for-Day credit for early installation?

Legislative Recommendation

Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.

Interlocks required for plea agreements or diversion? Not applicable The implementation of the Arkansas interlock law is mainly administrative and not solely reliant on the Court system. As a result, the use plea agreements or diversion to avoid interlock use does not play a factor in undermining the use of this lifesaving device for drunk drivers. Affordability program? No

Create an indigent program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.

Legislative Recommendation

Sources: §5-65-104(a)(1), §5-65-118, Arkansas Department of Finance and Administration

California Since January 1, 2019, interlocks are required for all repeat offenders. From 2006 to 2020 in California, interlocks stopped 298,401 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 28,078 attempts to drive drunk in 2020.

Grade: F (13/100) California’s repeat offender law is a model for other states, but the state fails to utilize these lifesaving devices for all first-time offenders. MADD calls on the state to enact an all-offender interlock law like most of the country.

Why does MADD not call the law all-offender? First-time offenders can obtain a time/route restricted license 30 days

after revocation without using an interlock. Process to obtain an ignition interlock 1. Contact the California DMV to enroll in a DUI program per license suspension requirement. 2. Complete the DMV Form 44 as part of the reinstatement process. 3. Get proof of financial accountability (SR-22). 4. Resolve outstanding balances and pay all of your fines. 5. Schedule an appointment to have an interlock device installed. 6. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation

Eliminate the option to obtain a route/time

Offender’s choice between using an interlock for 6 months upon conviction or receiving a 1 year license suspension with the possibility of route-restricted non- interlock driving privileges after 30 days

First offense

Upon conviction

restricted license in lieu of an interlock license during a license suspension. Additionally, allow for the use of interlocks for any refusal

Second offense

Upon arrest

12 months

First refusal

Interlocks not available for first-time refusals

Can a drunk driver wait out an interlock order?

Yes

Legislative Recommendation

Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.

Compliance based removal? Yes If at any time during the person’s restriction period that the DMV receives notification from the installer of a recordable v iolation, the DMV will “pause” the restriction. The person will not be given credit toward the restriction of time during which the person does not have proof of an interlock installation on file with the DMV. Day-for-Day credit for early installation? Yes, for repeat offenders, not first offenders Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No

Legislative Recommendation

Affordability program? Yes The cost is determined by the interlock user family’s income in comparison to the federal poverty guidelines. Interlock user will pay installers according to the following: if the offender’s family income is _____ of the federal poverty level, the person pays____ percent of the IID cost . A) 100 percent or below: Offender pays 10% of costs. B) 101 to 200 percent: Offender pays 25% of costs. C) 201 to 300 percent: Offender pays 50% of costs. D) 301 to 400 percent: Offender pays 90% of costs. Sources: Vehicle Code §§ 14601.2, 23556, Vehicle Code §§13352(a) and 23575(f)(1) , Vehicle code 23247, California DMV

Colorado Colorado’s all -offender ignition interlock went into effect on January 1, 2009. From 2006 to 2020 in Colorado, interlocks stopped 135,963 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 15,365 attempts to drive drunk in 2020. Why does MADD call the law all-offender? In order for a first- time offender to drive legally from the 31st day to the end of nine months of a license revocation, he or she must install an interlock. Process to obtain an ignition interlock 1. Wait out your revocation period. 2.

Grade: C (75.5/100) Colorado’s interlock law is effective in stopping drunk driving, but loopholes remain that limit the reach of these devices. Closing these loopholes would ensure that more drunk drivers utilize an interlock.

6. Complete an Alcohol Certification Form DR2598 if first offense was not a high BAC. 7. Complete the Restricted License Ignition Interlock Agreement Affidavit Form DR2058 and have it notarized. 8. Mail completed ignition interlock lease agreement and installation certificate to the address on application. 9. Enroll in a Level II Alcohol Education class if suspended a second time or had a high BAC level of .15 or greater. 10. Complete any pending court regulations.

Complete the Reinstatement Application Form DR2870 and submit it to the Colorado DMV 30 to 60 days prior to license reinstatement date. 3. Verify eligibility by contacting the DMV. 4. Schedule an appointment to have an interlock device installed. 5. Get proof of financial accountability such as an SR-22.

How soon can an ignition interlock be installed?

Duration on ignition interlock

Legislative Recommendation Eliminate the waiting period to install an interlock and allow for the use of an interlock upon revocation for any drunk driver.

First offense

30 days after revocation

At least 8 months

Second offense

30 days after revocation

2 years

First refusal 2 months after revocation 2 years Can a drunk driver wait out an interlock order?

In some cases. First-time offenders with a BAC of .15 or greater and all repeat offenders must use an interlock before obtaining a non-interlock license. Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? Yes A person can exit the program if the interlock reports show that for four consecutive months, the person did not interrupt or prevent the normal operation of the motor vehicle due to an excessive BAC or did not detect that there has been tampering with the device, there have been no other reports of circumvention or tampering, and there are no grounds to extend the restriction. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? Not applicable The implementation of Colorado's interlock law is mainly administrative and not solely reliant on the Court system. As a result, the use plea agreements or diversion to avoid interlock use does not play a factor in undermining the use of this lifesaving device for drunk drivers. Affordability program? Yes The DMV oversees the program funded from the fees paid for by first-time convicted drunk drivers. If a person qualifies for assistance and funds are available, DMV may pay for a portion of the interlock cost. A person must show their Federal Adjusted Gross Income (FAGI) on the State of Colorado tax file falls within a predetermined percentage of the current year Poverty Guidelines established by Health and Human Services. Sources: §42-2-132.5, §42-2-125 (2.3)-(2.4), §42-2-132.5(1.5), Colorado Department of Revenue

Connecticut Connecticut’s all -offender ignition interlock law went into effect in December 2012. From 2006 to 2020 in Connecticut, interlocks stopped 93,164 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 11,754 attempts to drive drunk in 2020. Why does MADD call the law all-offender? A first-time offender must use an interlock for six months following a drunk driving conviction.

Grade: B (85/100) Connecticut’s all -offender is well- rounded as it requires all drunk drivers to use the device before being relicensed. Small loopholes exist that if closed would make the law even more effective.

Process to obtain an ignition interlock 1. Contact the Connecticut DMV and submit payment for the restoration fee. 2. Wait out suspended license period. 3. Complete an Ignition Interlock Device Installation Application Form P246 and mail it to the DMV. 4. Wait for application to be approved. 5. Schedule an appointment to have an interlock device installed. 6. Obtain a valid license or Adult Learner’s Permit. 7. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense 45 days after revocation 6 months Eliminate the waiting period to install an interlock. Second offense 1 year First refusal 1 year Can a drunk driver wait out an interlock order? No Compliance based removal? Yes If an interlock user commits any of the following violations, 30 days per violation will be added on an interlock: 1) Failing to appear for interlock service within 5 days of a scheduled service date, 2) Second or subsequent occasion of failing a rolling retest, 3) Failing to submit to a rolling retest, 4) Tampering with or attempting to tamper with or circumventing or attempting to circumvent the interlock, 5) Operating a vehicle without an interlock, 6) Removing an interlock without authorization from the DMV, 7) Requesting or soliciting another person to blow into or otherwise activate the device for the purpose of providing the restricted driver with an operable motor vehicle. If a violation occurs, the DMV will notify the person via mail. All violations will be reported to the Court Support Services Division of the Judicial Branch (Probation Department). Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? Yes Affordability program? No

Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non- indigent interlock users.

Legislative Recommendation

Sources: §14-227j, §14-227a(i), §14-227k, §53a-56b, Connecticut DMV.

Grade: D+ (69.75/100) Delaware all-offender law contains loopholes that limits the reach of these devices.

Delaware Delaware’s all -offender ignition interlock law went into effect on January 1, 2015. From 2006 to 2020 in Delaware, interlocks stopped 7,870 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 995 attempts to drive drunk in 2020.

Why does MADD call the law all-offender? In order for a first-time offender must use an interlock for at least four months following a drunk driving conviction. Process to obtain an ignition interlock 1. Wait out suspended license period. Receive a written notice of restoration. Fulfill any court obligations. 2. Contact the Delaware DMV and provide proof of completion for the Alcohol Education Program or similar program (if applicable). 3. Get proof of financial responsibility such as an SR-22 certificate (if applicable). 4. Pay any reinstatement fees, insurance violation fees, or revocation fees. 5. Schedule an appointment to have an interlock device installed. 6. Contact the Delaware Evaluation and Referral Program (DERP) to complete a Character Background Review (if applicable). 7. Contact the DMV and submit reinstatement application and fees. Ignition Interlock Law Overview and MADD Legislative Recommendations

Duration on ignition interlock Legislative Recommendation

How soon can an ignition interlock be installed?

Eliminate the waiting period to install an interlock and allow for the use of an interlock upon revocation for any drunk driver.

30 days after revocation, but a person in diversion can go an interlock right away

First offense

4 to 23 months

Second offense

60 days after revocation

22 months

First refusal

45 days after revocation

23 months

Can a drunk driver wait out an interlock order? In certain cases Drunk drivers in a diversion program can wait out an interlock order. All other interlock users must use an interlock before being fully reinstated. Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? Yes The DOT extends the user's revocation period for the following actions: 1) BAC of .05 or above, 2) Running retest violation, 3) missed monitoring appointment, 4) startup violation or lock-out failure, 5) tampering with or bypassing the interlock system, 6) intentional circumvention of the interlock system or program requirements, 7) any other noncompliance of program requirements as deemed by the Secretary or the Secretary's designee. A 2 month extension for any combination of 3 of the above actions. A 4 month extension for any combination of 5 of the above actions. A 6 month extension for any combination of 8 of the above actions. An additional 1 month shall be required for each action listed greater than 8. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? Yes Affordability program? Yes The DMV shall establish a payment plan for users. The plan shall be administered by the service provider. The DMV shall further develop and implement an indigent plan for impoverished persons, which shall be available on a lottery basis. For every 20 devices installed at regular prices,

at least 1 device shall be provided at approximately half price under this program. Sources: 21 §4177(e), 21 §§2702(e) and §4177F, 21 §4177G, Delaware DMV

District of Columbia (Washington, DC) Washington DC’s all -offender ignition interlock law went into effect on November 29, 2016. From 2006 to 2020 in Washington, DC, interlocks stopped 299 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 20 attempts to drive drunk in 2020.

Grade: D (67/100) The Nation’s Capit a l’s all -offender law results in few interlock installations due loopholes and lack of implementation of the law. Closing law loopholes will ensure better use of these lifesaving devices.

Why does MADD call the law all-offender? A first-time offender must use an interlock for at least six months following a revocation for a drunk driving conviction. Process to obtain an ignition interlock 1. Have held a driver license immediately prior to revocation. 2. Not have any additional or pending license suspensions or revocations. 3. Have not been convicted of causing injury or death while operating a motor vehicle in any jurisdiction. 4. Have enrolled or completed a District of Columbia Department of Behavioral Health (DBH) approved substance abuse treatment program. 5. Have not previously unsuccessfully participated in this program or any similar program in another jurisdiction for 5 years prior to the date of the application. 6. Complete and submit the DC DMV Ignition Interlock Program Application and pay the associated DMV fees. 7. Obtain and maintain High Risk SR22 Insurance. 8. Meet any other criteria as required by the Director of the DMV. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon Revocation 6 months Allow for the use of interlocks for any refusal Second offense Upon Revocation 12 months First refusal Interlocks not available for first-time refusals Can a drunk driver wait out an interlock order? Yes Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? Yes If a person violates the rules of the interlock program, he or she will either spend more time in the program, or you will have your driver license revoked, depending on the circumstances. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No

Legislative Recommendation

Affordability program? Yes The DMV shall determine whether a user is indigent. If indigent, the DMV shall pay all costs associated with that person's enrollment and participation in the Program. The term "indigent" means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (1 12 Stat. 2729;42 U.S.C. 5 9902(2). Sources: § 50 – 2201.05a, DC DMV.

Florida Since October 2008, judges must order interlocks for all repeat and all first-time convicted drunk drivers with a blood alcohol concentration (BAC) of .15 or greater. From 2006 to 2020 in Florida, interlocks stopped 109,127 attempts to drive drunk with a BAC of .08 or greater, including 11,809 attempts to drive drunk in 2020.

Grade: F (19/100) Florida must take steps to ensure more drunk drivers utilize an ignition interlock. Enacting an all-offender interlock law will go a long way to stop drunk driving.

Why does MADD not call the law all-offender? First-time offenders can obtain a time/route restricted license 30 days after revocation and judges are not required to order interlocks for all first-time offenders. Process to obtain an ignition interlock 1. Apply for a hardship license through the DHSMV. 2. Complete a 12-hour Florida Advanced Driver Improvement course and related requirements. 3. Contact county clerk to get 30-day driving record. 4. Get proof of SR-22 insurance or other financial accountability. 5. Schedule an appointment to have an interlock device installed. 6. Go to the DHSMV with all required paperwork and pay fines and related costs. Then, the person receives a hardship license. 7. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense 30 days after conviction 6 months if ordered by a Judge Require interlocks use during any

court ordered or DMV license suspension. Eliminate waiting periods before a person goes on an interlock. Allow for the use of interlocks for any refusal.

First offense .15 BAC or more

30 days after conviction 1 year after conviction

Mandatory 6 months

Second offense

1 year

Interlocks not available for first-time refusals

First refusal

Can a drunk driver wait out an interlock order?

Yes

Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.

Legislative Recommendation

Compliance based removal? Yes A user may have their time an interlock extended as a result of a third or subsequent violation by the DHSMV. Violations are sent to DUI programs. A violation incudes: 1) Any two breath tests above the .05 BAC upon initial startup of the vehicle, 2) Any retest above a .05 BAC. 3) Any evidence of equipment tampering that is determined to be the result of alcohol use. 4) Missed rolling retest. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No

Legislative Recommendation

Affordability program? No Currently, if a court determines that the convicted person is unable to pay for the installation an interlock, the court may order that a portion of the fine paid by the person be allocated to defray the costs of installing the device. Legislative Recommendation Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users. Sources: §322.2715(3), §316.193(2)(a)(3), §316.193(2)(b) and (4)(c), §322.2715(1), §316.193, §322.271(2)(d), FL DHSMV

Georgia Since May 1999, judges are required to order an interlock for all repeat offenders for a period of 12 months. Effective July 2017, first-time offenders and first refusals have an option to go on an interlock in lieu of a restricted or suspended license. From 2006 to 2020 in Georgia, interlocks stopped 44,313 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 4,368 attempts to drive drunk in 2020.

Grade: F (5.5/100) For over two decades, repeat offenders are required to use an interlock in Georgia. The state can make great improvements to the law by enacting an all-offender interlock law.

Why does MADD not call the law all-offender? First-time offenders can obtain a time/route restricted license for the duration of a four-month license suspension.

Process to obtain an ignition interlock 1. Wait out your suspension period. 2. Schedule an appointment to have an interlock device installed. 3. Attend DUI school to obtain Alcohol Risk Reduction Certificate and complete any DUI intervention programs (if applicable).

4. Bring the documents listed above to an interlock service provider. 5. Visit the DDS and pay a $25 fee and submit proof of installation. 6. Complete any pending court regulations.

Ignition Interlock Law Overview and MADD Legislative Recommendations ow soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon arrest 4 months

Only allow interlock driving privileges and eliminate route/time restricted option for first-time offenders. Eliminate waiting periods before interlock use.

12 months

Second offense

120 days after conviction

Upon arrest

12 months

First refusal

Can a drunk driver wait out an interlock order?

Yes

Legislative Recommendation

Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.

Compliance based removal?

Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).

Legislative Recommendation

Day-for-Day credit for early installation? No Legislative Recommendation Interlocks required for plea agreements or diversion?

Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.

Legislative Recommendation

Sources: §40-6-391(c)(1)(E), §§42-8-111 and 42-8-112, §42-8-112(b)(3), §40-5-64(c.1)(2), Georgia DDS. No Currently, Judges can waive the interlock order if an offender can prove it causes an undue financial hardship. Legislative Recommendation Affordability program?

Create affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.

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