GRADING IGNITION INTERLOCK LAWS FIGURE 1.2
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:
A
B
C
D
F
100-90
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. 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. 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. 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. 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. 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.
All-Offender
35
IID available upon revocation
11
IID required for 1st .15 BAC
10
No wait out of interlock
23
Compliance-based removal
9
Affordability program
2
IID Refusals
5
IID day for day credit
2
Interlocks as part of sentence for a drunk driver (plea/ diversion)
3
TOTAL
100
The 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.
10 Ignition Interlock Report
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