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
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