HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHH CAMPAIGN TO ELIMINATE DRUNK DRIVING FIFTH ANNIVERSARY REPORT TO THE NATION
HONORARY CHAIRMAN DAVID STRICKLAND
Dear Highway Safety Friend: As honorary chairman of the Campaign to Eliminate Drunk Driving, I want to commend Mothers Against Drunk Driving (MADD) and the campaign’s stakeholders on 5 years of tremendous achievement. Like many of MADD’s efforts over the years, the Campaign to Eliminate Drunk Driving reinvigorated the national debate on drunk driving and challenged everyone to use all the tools at their disposal-including technology. The National Highway Traffic Safety Administration (NHTSA) believes in the Campaign to Eliminate Drunk Driving because it works. From our early partnership on a series of nationwide town hall meetings on ignition interlocks, to the emphasis on sobriety checkpoints, to supporting vehicle-based solutions, the campaign has made a difference. State and local enforcement officials are the cornerstone of NHTSA’s safety program, and we will continue to support them. Our new, high visibility law enforcement campaign, Drive Sober or Get Pulled Over, hammered that message home to our most at-risk populations.
When the Campaign began, only one state required interlocks for all convicted drunk drivers. Only three states required interlocks for high blood alcohol concentration (BAC) offend- ers. Today, thanks in large part to the campaign, 32 states now require interlocks for all or high BAC drunk drivers. This prog- ress is phenomenal. Finally, the campaign called for new, vehicle-based solutions. Just a concept 5 years ago, the Driver Alcohol Detection Sys- tem for Safety, or DADSS, is a potential technological solution now entering the testing and prototype phase. This project is literally the “moon shot” for our generation to save lives on the highway by turning the vehicle into the cure for drunk driving. NHTSA is proud to partner with MADD on the Campaign to Eliminate Drunk Driving and congratulations to all our high- way safety partners who have worked to make the campaign a reality. I look forward to working with you in future years to once and for all eliminate drunk driving in America. Thank you and best wishes.
David Strickland Honorary Chairman
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
TABLE OF CONTENTS
A LETTER FROM HONORARY CHAIRMAN DAVID STRICKLAND
1
TABLE OF CONTENTS
2
FROM MADD’S PRESIDENT
3
TAKING A TOLL IN DOLLARS AS WELL AS LIVES
4
A NEW HOPE
5 6 7 9
SOBRIETY CHECKPOINTS IGNITION INTERLOCKS INTERLOCK LAWS 2006-2011
TURNING CARS INTO THE CURE FOR DRUNK DRIVING
10
NEW APPROACHES TO FURTHER HELP ELIMINATE DRUNK DRIVING
10
DUI COORDINATOR
11
CHILD ENDANGERMENT NO-REFUSAL WEEKENDS
12
13 14
RATING THE STATES
A STATE-BY-STATE SUMMARY
28
OUR ROAD AHEAD
1
FROM MADD’S PRESIDENT On July 7th this year, we would have celebrated my daughterAlisa’s 35th birthday. Wow – 35.
She would have no doubt been a barefoot bride—quite possibly on a beach somewhere. She hated shoes—even had a sign on her bedroom door: “only bare feet allowed.” She was so very loyal to her friends and family. She loved her little nephews and had a knack for instantly soothing them as well as lighting up their faces. Today, their lives as college students would be so enriched with her involve- ment as she gently guided them from her wise-auntie vantage point. Her friends always say she was a do-the-right-thing kind of person. Whatever path her career took, she would have followed her heart. Perhaps it would have had something to do with dance, because she loved it so much. Her choice would have been guided by her passion. I can see her working for an environmental group to save the planet somehow. Long before it was a common thing to do,Alisa demanded that her family recycle. To be sure, she would have been the first person to call her sister and nephews living on the North Carolina coast after Hurricane Irene to make sure they were safe.As I write this today, the electricity is still out following the hur- ricane. Were she here, I know she would call me and assure me the electricity would be turned on in “four, maybe five hours.” Sadly, I will never receive that call because her life was taken before it really began—when she was only 15—by someone who chose to drink and drive. The fifth anniversary of MADD’s Campaign to Eliminate Drunk Driving® is a time to reflect on our progress—but not to rest on our laurels. We’ll save the victory celebration for the day when loved ones are no longer left to daydream about how things might have been— the day when we achieve our goal of no more victims.
I awoke that morning wanting to call her to give her some guff about making me older. She would have laughed her fun giggle and offered me a gra- cious, “You’re the youngest mom I know in your age group.” I would have replied, “You’re my favorite daughter in your age group.” That is our family joke. She loved family jokes. During a trip to Connecticut one year, her younger brother kept asking the classic,
“Are we almost there yet?” The reply was “Four, maybe five hours.” Follow- ing that trip, it becameAlisa’s stock response. Everything took “four, maybe five hours.” Her two best friends were talking after a recentWalk Like MADD ® event about what their lives are like now—and whatAlisa would be doing today. Through their laughter, they shared that they weren’t sure who her mate would be but were sure he would have to tolerate cats, lots of cats. She could not turn away a stray. The same nurturing spirit would have made her a natural mother. Her friends, both newmoms themselves, felt certainAlisa would have had kids. They shared howmuch life changes with a newborn and how painful it is to think about not being able to share that withAlisa, the one person who most loved taking care of others. My heart follows that dream. I can imagine her calling me up to ask if I could come over and watch the baby.Aboy or girl would be equally joyful for her. Before the child was born, we would have decorated the roomwith second- hand treasures she’d found. But the exquisite bliss of her child would truly have been all that mattered to her. How I long to just be able to quietly observe her cuddling her baby. My imagination strays to other experiences we might have had. I would have loved sharing in her plans for her wedding. How earthy it would have been.
Jan Withers MADD National President
2
TAKING A TOLL IN DOLLARS ASWELL AS LIVES
While Alisa and Jan have paid the ultimate price, drunk driving also places an enormous financial burden on the United States. According to new research from the Pacific Institute for Research and Evaluation, drunk driving cost the United States $132 billion in 2009 alone. This includes $61 billion in monetary costs, plus quality-of-life losses valued at $71 billion. The federal government paid $4.5 billion of this bill, while state and local governments paid $3.2 billion. Employers paid $10.7 billion, including $3.7 billion related to crashes involving work trips and $7 billion related to crashes outside of work involving employees and benefit-eligible dependents. As we struggle to find solutions to difficult budget issues, the fight against drunk driving presents a valuable opportunity for saving money as well as lives.
drunk driving cost the United States $132 billion in 2009 alone
3
A NEW HOPE
Since MADD’s founding more than 30 years ago, remarkable progress has been made in the fight against drunk driving, reducing drunk driving fatalities by almost half. MADD has also put a human face on this crime. What was once a punch line on late night television is now considered unacceptable, yet it is still tolerated. Despite great progress, drunk driving fatalities have remained relatively stagnant since the mid-nineties, with roughly one out of three highway deaths caused by a drunk driver. In 2006, MADD focused on proven strategies to once again drive the country forward. The re- sult was the Campaign to Eliminate Drunk Driving, an initiative launched with the support of then U.S. Transportation Secretary Mary Peters, highway safety and law enforcement groups, leaders from the automotive community and members of the alcohol industry. The Campaign has three components: SUPPORT THE HEROES WHO KEEP OUR ROADS SAFE. High-visibility law enforcement catches drunk drivers and discourages others from driving drunk. REQUIRE CONVICTED DRUNK DRIVERS TO BLOW BEFORE THEY GO. Ignition interlock devices, or in-car breathalyzers, require all convicted drunk drivers to prove they are sober before they can start their cars. TURN CARS INTO THE CURE. Tomorrow’s cars will protect each of us, automatically determining whether or not the driver is at or above the illegal limit of .08 blood alcohol content and failing to operate if the driver is impaired. In the last five years, the Campaign has made significant strides, but there is still much work to be done. In order to fully implement the vision of a nation without drunk driving, MADD calls on the country to rededicate itself to these proven DUI countermeasures and eliminate the primary threat to the American family on our roads.
drunk driving fatalities reduced by almost half
4
LAW ENFORCEMENT ON THE FRONT LINE SOBRIETY CHECKPOINTS AND ALR:
Sobriety checkpoints remain the primary method through which law enforcement protects the public from drunk drivers. According to the Centers for Disease Control and Prevention (CDC), sobriety checkpoints reduce impaired driving fa- talities by 20 percent. The idea is to generate media, whether paid or earned, to draw attention to the checkpoint and discourage drunk drivers from ever getting behind the wheel. In fact, a checkpoint that catches no drunk drivers is successful because the deterrent effect worked. MADD, through our local and state offices, works to encourage local law enforcement agencies to conduct these important checkpoints. NHTSA now conducts two drunk driving paid- ad “crackdowns” per year, one around the Labor Day holiday and the other during the Christmas and New Year’s holiday. This past Labor Day marked the introduction of a new slogan: Drive Sober or Get Pulled Over.
Thirty-eight states currently conduct sobriety checkpoints. The other 12 conduct saturation patrols. MADD calls on every state to conduct these lifesaving checkpoints and calls on Congress to continue its support for high-visibility enforcement campaigns in the next highway reauthorization bill. In addition to sobriety checkpoints, law enforcement and driver licensing authorities can immediately revoke driving privileges of suspected DUI * offenders upon arrest. This countermeasure, known as Administrative License Revocation (ALR) has demonstrated success in reducing fatal crashes by nine percent. It’s important that every state make use of ALR laws to protect the public from drunk drivers by deterring people from committing the crime.
* DUI refers to Driving Under the Influence, also known in some states as OUI (Operating Under the Influence) or DWI (Driving While Intoxicated.)
5
When MADD was first founded, driver’s license suspension was thought to be an effective countermeasure for convicted drunk drivers. However, conservative estimates now indicate that convicted drunk drivers drive drunk more than 80 times before being caught. What’s more, 50 to 75 percent of convicted drunk drivers continue to drive with a suspended license. Why do they do this? Because they can. Clearly, long-term license suspension is not an effec- tive consequence for the majority of convicted offenders. An ignition interlock device is the most current technology proven to effectively stop convicted drunk drivers from repeating the crime. The de- vice is a breath-test system linked to a vehicle’s ignition. Before convicted drunk driving offend- ers start their vehicles, they must first blow into the device. The vehicle will not start unless the driver’s blood alcohol concentration (BAC) is below a pre-set limit. Interlocks have various features designed to ensure that offenders can’t beat the system. EVERY STATE, EVERY OFFENDER IGNITION INTERLOCKS:
Some are calibrated to have rolling retests, which require a driver to provide breath tests at regular intervals, preventing drivers from asking a sober friend to start the car or to drink while driving or to leave the car idling in a parking lot while drinking. Use of interlocks often reduces repeated offenses by more than two-thirds. The device is leased from an interlock provider for approximately $50 to $75 per month. An additional service charge, typically between $50 and $100, is required to install the device. Taxpayers are not penalized, since every state with an all-offender interlock law requires the offender to pay these costs. When the interlock sentence is over, the offender simply has the device removed and resumes normal driving privileges.
6
MANDATORY UPON .08 CONVICTION MANDATORYWITH A BAC OF AT LEAST .15 MANDATORYWITH REPEAT CONVICTION MANDATORY .08 UPON REINSTATEMENT DISCRETIONARY NO INTERLOCK LAWAT ALL
New Mexico was the first state to require all convicted drunk drivers to use this lifesaving device. Since the law was first implemented in 2005, drunk driving fatalities have dropped by 36 percent. Arizona soon followed suit, and that state’s fatalities have since dropped by more than 46 percent. These fatality reductions demonstrate the need for every state to require interlocks for all convicted drunk drivers.
INTERLOCK LAWS
2006
2011
WASHINGTON, DC H
WASHINGTON, DC H
7
32 states have adopted laws requiring interlocks for first-time offenses
In just five years, the Campaign has gained widespread support for interlocks, adding 15 states to the list of those requiring the devices for all first-time offenders. In addition, 13 states require ignition interlocks for offend- ers with a BAC of .15 or higher, two states require interlocks for offenders with a .16 BAC and one state requires interlocks for .17 offenders. In total, 32 states have ad- opted laws requiring an interlock on first offense at some level. (California has a robust four-county pilot program covering more than 13 million people.) As a point of comparison, in 2006, 101,000 ignition interlocks were installed on the vehicles of convicted offenders; in June 2011, the number rose to 249,000. In total, 89 million Americans are now protected by all-offender ignition interlock laws. MADD believes every state should protect its communities by requiring all convicted drunk drivers to use an ignition interlock
device. Interlocks are a practical and fair way to deal with drunk driving. Mass transit alternatives are scarce, except in major cities, making cars necessary for commuting to work, going to the grocery store and other everyday necessities. Ignition interlocks enable offenders to keep their jobs and to support their families while protecting the public from convicted DUI offenders. Therefore, MADD calls on every state that doesn’t have an all-offender law to pass one during its next state legislative session. MADD also calls on the federal government to provide bold measures in the next highway reauthorization bill to ensure that all states achieve this goal.
8
TURNING CARS INTO THE CURE FOR DRUNK DRIVING
While sobriety checkpoints and ignition interlocks currently represent two of the best available ap- proaches to drunk driving prevention, the time has come to use technology to turn cars into the cure for drunk driving. A 2006 technology summit hosted by MADD spurred the Automotive Coalition for Traffic Safety (ACTS) to undertake the challenge of creat- ing a new passive, in-vehicle technology that can detect whether or not the driver is drunk and regis- ters a BAC of .08 or higher. ACTS stipulated that such a device must be inexpensive, unobtrusive and hassle-free for a sober driver. If successful, this new technology would prohibit an impaired driver from operating a car. In 2008, ACTS entered into a cooperative research agreement with the federal government to develop the Driver Alcohol Detection System for Safety (DADSS). This five-year, $10-million agreement represents the beginning of the final chapter in the fight against drunk driving. DADSS research is currently being conducted in several laboratories, coordinated by QinetiQ North America, outside Boston. Harvard Medical School is conducting human subject testing. Two technolo- gies are being considered in Phase II of the project, which, once completed in 2013, will yield an in- vehicle technology that can accurately and quickly detect the driver’s BAC. The Insurance Institute for Highway Safety estimates that this technology could save almost 9,000 lives per year.
The two technologies are considerably different. Takata-TruTouch Technologies has developed a system that requires the driver to touch a device embedded in a part of the vehicle, possibly the steer- ing wheel or dashboard. The technology then uses infrared spectrometry to “see” into the tissue of the driver and make an accurate reading of the driver’s BAC. The other technology, developed by Autoliv, uses infrared technology to measure BAC by analyzing the driver’s breath. While Phase II will result in a drivable test vehicle, much more needs to be done in order to make this technology ready for the vehicle showroom. In ad- dition, the public must be assured that DADSS will be seamless and unobtrusive for the sober driver. To provide resources needed to complete DADSS, Senators Tom Udall and Bob Corker and Repre- sentatives Shelley Moore Capito, Heath Shuler and John Sarbanes have introduced the ROADS SAFE Act, S. 510 and H.R. 2324. This legislation would authorize $60 million of new funds for Phase III of DADSS, assuring its path out of the lab and onto the streets. Senate Commerce Committee Chairman John Rockefeller and Ranking Member Kay Bailey Hutchison have also included ROADS SAFE as part of the Surface Transportation Re-Authorization Bill. MADD calls on Congress to pass this legislation and to make ROADS SAFE law.
9
NEW APPROACHES TO FURTHER HELP ELIMINATE DRUNK DRIVING In the last five years, MADD has witnessed the success of additional approaches to eliminate drunk driving. States have utilized several highly effective countermeasures to protect the motoring public. We, therefore, ask all states to implement the following drunk driving countermeasures:
• DUI COORDINATOR • DUI CHILD ENDANGERMENT LAWS • NO-REFUSAL CRACKDOWNS
Judges, prosecutors, law enforcement, DMVs, probation officers, parole officers and others must work together in order to protect the public from drunk drivers. Coordinating this effort can be an overwhelming task. While New Mexico used ignition interlocks as its centerpiece in reducing drunk driving fatalities by 36 percent, it also appointed a central DUI coordinator (known in New Mexico as the DWI Czar) to coordinate its drunk driving efforts. The coordinator’s role was to promote collaboration and coordination of anti-DWI efforts across the state government, coordinate sobriety checkpoint DUI COORDINATOR
crackdowns (known in New Mexico as Super- Blitzes) and work with law enforcement and courts to utilize all available tools to stop drunk drivers. MADD calls on all states to appoint statewide DUI coordinators to ensure that state agencies work together to share scarce resources and stop drunk drivers.
10
LEANDRA’S LAW AS A NATIONAL MODEL CHILD ENDANGERMENT
Of the 10,839 people killed in drunk driving crashes in 2009, 181 were children under the age of 15. More than half of them were passengers of drunk drivers. As a nation, we should all find this unacceptable. In 2009, 11-year-old Leandra Rosado was tragically killed when an SUV carrying her and seven other children crashed on the Henry Hudson Parkway in Manhattan. The adult driver, who had a BAC of .132, was the mother of one of the other passengers. Leandra’s father, Lenny Rosado, channeled his grief over the death of his only daughter into tireless advocacy for Leandra’s Law. The New York law requires all convicted drunk drivers to use ignition interlock devices, and makes driving drunk with a child passenger under the age of 16 in the car a felony punishable by up to four years in prison.
From December 18, 2009, when Leandra’s Law went into effect, through July 2011, 1,409 people were arrested in New York State for driving drunk with a child in the car. This equates to more than four people per day arrested specifically for that offense. Clearly, child endangerment has reached a crisis level in our nation. States must act now to pass tougher laws and send a mes- sage that it is not okay to drive drunk, worse still with a child in the car. Therefore, MADD calls on all states to make DUI child endangerment a felony and include additional ignition interlock time for adults who commit this crime.
11
NO-REFUSAL CRACKDOWNS
One important issue that continues to hinder progress on DUI reform is offenders’ refusal of BAC testing when they are pulled over. In some states, implied consent to BAC testing is assumed as a condition of driving on the road. In other states, refusing to give a BAC sample is common practice and often leads to a case dismissal or a lesser plea in court. A number of states have responded by implementing no-refusal weekends. During no-refusal weekends, police set up enhanced enforcement like sobriety checkpoints. Judges stay on call around the clock to issue warrants authorizing police to draw offenders’ blood for testing if offenders refuse to cooperate with police by providing breath samples. These programs are highly publicized, so that the public and potential drunk drivers know that they can’t evade the consequences of drunk driving. The BAC is one of the most important pieces of evidence reviewed by prosecuting attorneys as they determine whether to pros- ecute, reduce the charge to a lesser offense or dismiss the case.
No-refusal crackdowns have proven effective in lowering refusal rates. They also may reduce caseloads and ensure offenders’ rights to due process. Texas is an example of a state in which more than half of suspected DUI offenders refused BAC testing in 2005. Several Texas counties responded by participating in no-refusal week- ends. The results have been very promising. In fact, one county, Montgomery County, reduced refusals by over 50 percent while increasing DUI convictions and reducing DUI dismissals. MADD calls on all states to utilize the national DUI crackdown events to hold no-refusal weekends.
12
RATING THE STATES’ DRUNK DRIVING EFFORTS To celebrate five years of Campaign progress while advocating for stronger legislation to fight drunk driving, MADD has compiled a national progress report. The report uses a five-star system to rates states on their implementation of proven drunk driving counter- measures. It’s important to note that not all stars are equal. While all of these are valuable DUI countermeasures that states should adopt, we know that ignition interlocks and sobriety checkpoints are the two most effective ways to dramatically reduce fatalities and injuries. Each star that a state earns represents passage of a particular law or participation in one of the following drunk driving countermeasures:
Conducting Sobriety Checkpoints Sobriety checkpoints are proven to reduce DUI fatalities by an average of 20 percent by acting as a general deter- rent to drinking and driving. They are also cost-effective, reducing drunk driving expenses by at least six dollars for every dollar invested. Requiring Ignition Interlocks for all Drunk Driving Offenders More than 15 peer-reviewed studies recommend requiring ignition interlocks for all convicted DUI offenders. This year the Centers for Disease Control recommended every state pass an all-offender ignition interlock law. New Mexico and Arizona have reduced DUI fatalities by 36 and 46 percent, respectively, through the adoption of this lifesaving law. Enhancing Penalties for DUI Child Endangerment DUI child endangerment is an issue everyone should agree on. Sadly, there are too many stories like that of Leandra Rosado, where an adult chooses to drive drunk with a child or children in the vehicle. Enhanced penalties, such as making this crime a felony, are important ways to make adults think twice before acting so irresponsibly. Participating in No-refusal Events Offenders who refuse to submit to BAC testing present a significant challenge to law enforcement and the courts. Driving is a privilege, not a right. No-refusal weekends have proven successful in reducing the number of offenders who refuse BAC testing. No-refusal stars are given to states with a 10 percent or lower refusal rating or for those states that participate in no-refusal or warrant initiatives. Utilizing Administrative License Revocation Administrative License Revocation (ALR) has been around for some time. The concept is swift punishment for drunk driving through the immediate confiscation of an offender’s driver’s license by the arresting officer. During sobriety checkpoints, ALR must be heavily publicized in order to deter potential drunk driving offenders. Studies show that ALR reduces DUI fatalities by as much as nine percent.
13
THE FOLLOWING CHART RATES THE STATES ON DRUNK DRIVING. THE AVERAGE RATING AMONG ALL 50 STATES IS THREE STARS OUT OF FIVE, A CLEAR INDICATION THAT THERE IS MORE WORK TO BE DONE.
3
2
4
1
3
2
3
3
4
3
3
1
3
1
2
1
3
1
2
5
3
3
2
2
5
5
3
4
4
4
3
4
5
3
3
3
2
3
5
4
3
3 3 3
2
2
4
3
2
4
4
14
A STATE-BY-STATE SUMMARY
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
High-visibility law enforcement efforts have helped reduce drunk driving fatalities in Alabama. In 2011, Alabama became the final state to enact an ignition interlock law. Unfortunately, the law is limited to repeat offenders and first-time offenders with a BAC of .15 or greater. The next step is to require these lifesaving devices for all convicted drunk drivers. ALABAMA
H H
2
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Alaska requires ignition interlocks for all convicted drunk drivers. However, drunk driving deaths could be further reduced by enacting a child endangerment law, utilizing sobriety checkpoints and engaging in other high-visibility law enforcement activities. Sobriety checkpoints are legal in Alaska but are not often conducted. ALASKA
H H H H H
5
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Arizona’s 46 percent drop in drunk driving fatalities is due in large part to its law requiring ignition interlocks for all convicted drunk drivers as well as increased law enforcement efforts. As a five star state, Arizona can continue its progress by appointing a statewide DUI coordina- tor. ARIZONA
15
H H H H
4 In 2009, Arkansas enacted a law requiring ignition interlocks for all convicted drunk drivers. Other legislation was passed at that time, including an open-container law. These laws, along with continued efforts in high-visibility law enforcement, will help stop drunk driving. ARKANSAS INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS SOBRIETY CHECKPOINTS ALR CHILD ENDANGERMENT
NO REFUSAL
H H H H
4
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Colorado’s all-offender interlock law has helped cut down on drunk driving fatalities. It’s also one of the few states with a compliance- based removal system, penalizing offenders if interlocks show they attempted to drive drunk. To further affect positive change, MADD urges Colorado to implement more no-refusal events. COLORADO H H H H California has made progress toward ending drunk driving, but more action is needed. On July 1, 2010, a pilot program went into effect, requir- ing interlocks for all convicted drunk drivers in four counties covering 13 million people. The pilot program should be expanded statewide, as other counties in the state are missing opportunities to protect people from drunk drivers. The state should also look at improving its child endangerment law. CALIFORNIA INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS SOBRIETY CHECKPOINTS ALR CHILD ENDANGERMENT NO REFUSAL
4
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
In 2011, Connecticut lawmakers enacted legislation requiring interlocks for all convicted drunk drivers. Once this measure takes effect in 2012, Connecticut’s level of drunk driving should decrease. Unfortunately, a loophole exists until at least 2013, allowing nearly all first-time drunk driving offenders to receive diversion, free of the interlock requirement. Additionally, Connecticut is one of 11 states with no child endanger- ment law. We hope this will change in 2012. CONNECTICUT
16
H H H H
4 Delaware has a good, but underutilized, toolbox available to enforce drunk driving laws. The state currently requires interlocks for first-time offenders with a BAC of .15 or greater. However, in a majority of first-time offender cases, the blood alcohol concentration level is used as a plea-bargaining chip resulting in few actual interlock installations. MADD urges lawmakers to stop this practice by passing legislation requir- ing interlocks for all convicted drunk drivers with no plea bargains allowed. DELAWARE INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS SOBRIETY CHECKPOINTS ALR CHILD ENDANGERMENT
NO REFUSAL
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
High-visibility law enforcement efforts in Washington, DC are critical to eliminate drunk driving. To make District roads safer, MADD asks the District Council to require all convicted drunk drivers to blow before they go with an ignition interlock. As this is a national priority and a significant part of the highway bill, our nation’s capital should set an example. DISTRICT OF COLUMBIA
H H H H
4 Drunk driving fatalities in Florida have decreased since 2006, due in large part to high-visibility law enforcement efforts and increased use of ignition interlocks for some convicted drunk drivers. The next step is to require interlocks for all convicted drunk drivers. Additionally, the breathalyzer refusal rate in Florida is around 40 percent, highlighting the need for no-refusal enforcement activities. FLORIDA INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS SOBRIETY CHECKPOINTS ALR CHILD ENDANGERMENT
NO REFUSAL
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Georgia’s high-visibility law enforcement efforts and expanded use of ignition interlocks for repeat offenders have helped decrease drunk driv- ing. However, Georgia lawmakers hold the key for further progress. Passage of legislation requiring ignition interlocks for all convicted drunk drivers promises to save even more lives in Georgia. GEORGIA
17
H H H H
4 Hawaii recently enacted a law requiring ignition interlocks for all first-time convicted drunk drivers. We hope to see a significant reduction in the state’s very high drunk driving death rate as a result. MADD encourages more no-refusal law enforcement activities and the expansion of its interlock requirement to include repeat offenders. HAWAII INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS SOBRIETY CHECKPOINTS ALR CHILD ENDANGERMENT NO REFUSAL
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
The people of Idaho are not as well protected from drunk drivers as they could be because law enforcement is not allowed to conduct sobriety checkpoints. In addition, lawmakers need to advance meaningful legislation that addresses first-time convicted drunk drivers by requiring inter- locks for all convicted drunk drivers. IDAHO
H H H H H
5
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
High-visibility law enforcement, combined with an ignition interlock law for all convicted drunk drivers, helped Illinois achieve a double-digit percentage decrease in drunk driving deaths. While earning one of MADD’s highest ratings in this report, more progress is needed in Illinois because of the state’s high fatality rate. MADD urges the governor to appoint a DUI coordinator to improve communication among the various state agencies involved in the adjudication process and to close loopholes in the current interlock law. ILLINOIS
H H
2
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Indiana currently lacks many necessary tools for meaningful progress against drunk driving. Some judges require interlocks for first-time offenders, but legislative leadership is needed to require these devices for all convicted drunk drivers, along with extra penalties for those who drive drunk with a child passenger in a vehicle. INDIANA
18
H H
2
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Iowa utilizes ignition interlocks to combat drunk driving, but the devices are not required for all convicted drunk drivers. MADD urges law- makers to enact legislation requiring interlocks for all convicted drunk drivers and to legalize sobriety checkpoints, which have the potential to reduce fatalities by 20 percent. This is especially important, as fatalities have been on the rise in the state. IOWA
H H H H H
5
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
In 2011, Kansas enacted a law requiring ignition interlocks for all convicted drunk drivers. This change came after consecutive annual increases in drunk driving deaths, in contrast to overall national reductions. With strong enforcement efforts and the new ignition interlock law in place, Kansas should be able to turn the corner on drunk driving. MADD urges the governor to appoint a DUI coordinator to continue moving Kansas in the right direction. KANSAS
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
In 2010 and 2011, lifesaving ignition interlock legislation passed the House but stalled in the Senate. Legislators have the power to help assist in the elimination of drunk driving by passing legislation requiring all convicted drunk drivers to blow before they go. MADD urges the Ken- tucky Senate to enact legislation that could help save he lives of about 200 people per year. KENTUCKY
H H H H
4
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Louisiana was one of the first states to pass an all-offender ignition interlock law. However, the state still lacks ALR, strong administrative oversight of the post-DUI licensing process and judges committed to implementing the mandatory interlock law. Louisiana needs a DUI coordi- nator to help overcome those factors that inhibit the effectiveness of the state’s interlock law. LOUISIANA
19
H H HH
4
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
In 2008, Maine enacted an ignition interlock law but limited its application to repeat offenders only. Maine should improve the interlock law by requiring the devices for all convicted drunk drivers. MADD believes driving drunk with a child passenger in a vehicle is a form of child abuse, and Maine helped make the punishment fit the crime by creating a DUI child endangerment law. MAINE
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
In 2011, the state’s ignition interlock law improved slightly. The new law requires interlocks for first-time offenders with a blood alcohol concentration of .15 or greater. However, most (53 percent) first-time offenders in the state receive diversion and are unaffected by this requirement. Maryland needs to require all offenders to have interlocks and end diversion practices. MARYLAND
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
High-visibility law enforcement and enactment of Melanie’s Law requiring interlocks for repeat offenders have helped reduce drunk driving in the state. While Massachusetts has come a long way, more progress is necessary, including passage of pending legislation expanding Melanie’s Law to include first-time convicted drunk drivers. MASSACHUSETTS
H
1
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Michigan could be doing much more to stop drunk driving. Most drunk driving arrests in the state do not result in convictions, but in lesser charges. The state’s recent reform efforts required ignition interlocks for first-time offenders with a BAC of .17 or greater, referred to as “Super Extreme DUI” offenders. MADD believes that any drunk driving at .08 or above is extreme enough to merit an interlock. In addition, Michigan does not allow law enforcement the option of sobriety checkpoints, proven to save lives, and lacks an ALR law. MICHIGAN
20
H H
2
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Minnesota recently increased the use of ignition interlocks by making it an option for all convicted drunk drivers. However, despite their initia- tive in conducting a pilot program, the state has yet to take the next step of making interlocks mandatory for all convicted drunk drivers. In ad- dition, the state currently limits law enforcement’s power to stop drunk driving and protect the public by failing to allow sobriety checkpoints. Minnesota should encourage more no-refusal law enforcement activities to help hold drunk driving offenders accountable. MINNESOTA
H H
2
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Lawmakers have blocked progress to stop drunk driving by halting DUI child endangerment and all-offender ignition interlock legislation. As a result, law enforcement and prosecutors do not have all the resources needed to stop drunk driving in the state. Mississippi should enact legisla- tion requiring ignition interlocks for all convicted drunk drivers and make the punishment fit the crime for those who drive drunk with a child in a vehicle. MISSISSIPPI
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Expanded use of ignition interlocks for repeat offenders and high-visibility law enforcement efforts have helped decrease drunk driving deaths in the state by more than 20 percent since the Campaign began. Missouri can make even more progress by requiring interlocks for all convicted drunk drivers and by adding extra penalties for those who drive drunk with a child passenger in the vehicle. MISSOURI
H
1
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Montana has nibbled around the edges of drunk driving reform by passing measures that toughen penalties for repeat offenders. Now, more attention must be paid to first-time offenders. The legislature should focus on the entire drunk driving problem, including first-time convicted drunk drivers, in order to save lives, especially in light of the state’s high fatality rate. Law enforcement should also be given more tools to stop drunk driving, including the use of sobriety checkpoints and no-refusal crackdown activities. MONTANA
21
H H H H H
5
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Nebraska’s 2008 all-offender ignition interlock law received a facelift in 2011, adding an administrative component. This change was made to ensure judicial compliance with the mandatory interlock law. The new law also creates extra penalties for those who drive drunk with a child passenger in the vehicle. To see even further improvements, the governor could appoint a DUI coordinator to make sure all the pieces are in place to help stop drunk driving. NEBRASKA
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Nevada has experienced a significant decrease in drunk driving since the Campaign began, but more can be done. The state could improve its rating and better protect the public by requiring all first-time convicted drunk drivers to blow before they go with an ignition interlock. No-refusal activities would also help hold accountable drunk drivers who refuse to be tested for intoxication following a suspected drunk driving arrest. NEVADA
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
New Hampshire could make significant progress against drunk driving if the current interlock law, which is limited to first-time offenders with a blood alcohol concentration of .16 or greater, was changed to include all convicted drunk drivers. New Hampshire is also the only state in the nation without an adult seatbelt law. NEW HAMPSHIRE
H H
2
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
A 2010 New Jersey law requires ignition interlocks for repeat and first-time offenders with a blood alcohol concentration of .15 or greater. The state could do more to stop drunk driving if ignition interlocks were required for all convicted drunk drivers. New Jersey is also missing another key anti-drunk driving tool, as it does not utilize ALR following a drunk driving arrest or refusal. NEW JERSEY
22
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
New Mexico became the first state to require ignition interlocks for all convicted drunk drivers when it passed the lifesaving legislation in 2005. Since then, 15 states have followed its lead, and New Mexico’s drunk driving deaths have declined by 36 percent thanks to the legislation and strong law enforcement efforts. The state still needs a child endangerment law. MADD also urges the governor to reappoint a DUI coordinator, a position that contributed to the state’s dramatic decline in drunk driving fatalities but is currently vacant. NEW MEXICO
H H H H
4
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Leandra’s Law, requiring ignition interlocks for all convicted drunk drivers and making it a felony to drive drunk with a child passenger in a vehicle, changed the state’s perception of drunk driving. With continued enforcement efforts and more interlocks for convicted drunk drivers, New York is working diligently to stop drunk driving. We hope to see fatality reductions as a result. NEW YORK
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
North Carolina was one of the first states to require interlocks for first-time offenders with a blood alcohol concentration of .15 or greater when it passed the legislation in 2007. To extend a decline in drunk driving deaths, North Carolina should continue its leadership role by requiring interlocks for all convicted drunk drivers. NORTH CAROLINA
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
North Dakota recently enacted a 24/7 Sobriety Program to combat drunk driving. However, this program applies only to repeat offenders, not to all convicted drunk drivers. North Dakota must address the entire drunk driving problem, which is why MADD urges the state to require ignition interlocks for all convicted drunk drivers. NORTH DAKOTA
23
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Ohio needs an upgrade to its current interlock law, which is limited to repeat offenders. After years of bypassing this legislation, MADD urges the Ohio legislature to address drunk driving, starting with the first offense, by making all convicted drunk drivers blow before they go with an ignition interlock. OHIO
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
The Erin Swezey Act, enacted in 2011, requires interlocks for first-time offenders with a BAC of .15 or greater and those with a BAC of .08 to .14 who wish to drive during a six-month revocation period. The new law marks significant progress, and MADD looks forward to the day when lawmakers expand the law to require interlocks for all convicted drunk drivers. OKLAHOMA
H H
H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Many consider Oregon a leader in traffic safety. However, Oregon lags behind on several drunk driving issues, including sobriety checkpoints. The state does require ignition interlocks for first- and second-time convicted drunk drivers, and in 2011, Oregon improved its interlock law to require the devices for nearly 11,000 of the 24,000 drunk driving arrests that result in diversion. OREGON
H
1
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
High-visibility law enforcement efforts led the way to a 20 percent decline in drunk driving deaths from 2008 to 2009. Despite the reduction, more than 400 people died in drunk driving crashes during 2009 due in part to a lack of strong legislation. Pennsylvania could better protect children by enhancing penalties for those who drive drunk with a child passenger in the vehicle and could also experience a greater reduction if ignition interlocks were required for all convicted drunk drivers. PENNSYLVANIA
24
H
1
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Rhode Island is one of the states that trails the rest of the nation in lifesaving legislation. MADD urges legislators to expand the state’s tool- box in the fight to stop drunk driving. Rhode Island should legalize sobriety checkpoints and encourage no-refusal enforcement activities. The state also lacks a sure and swift consequence for drunk driving, as there is no ALR and convicted drunk drivers are not required to use ignition interlocks. RHODE ISLAND
H H H
3
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
South Carolina has a high percentage of drunk driving-related deaths, and enforcement efforts are the only thing keeping the state’s drunk driving death totals from reaching even higher numbers. MADD urges South Carolina to pass legislation requiring ignition interlocks for all convicted drunk drivers. SOUTH CAROLINA
H
1
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
South Dakota recently allowed the use of ignition interlocks as part of the Sobriety 24/7 program. However, the interlock law is limited to re- peat offenders and first-time offenders with a blood alcohol concentration of .17 or greater. MADD asks lawmakers to require interlocks for all convicted drunk drivers. The state could also better protect children from drunk drivers by enacting a child endangerment law and other strong legislation. SOUTH DAKOTA
H H
2
INTERLOCKS FOR ALL FIRST-TIME CONVICTED DRUNK DRIVERS
SOBRIETY CHECKPOINTS
ALR
CHILD ENDANGERMENT
NO REFUSAL
Tennessee has made significant strides in reducing drunk driving with the passage of interlocks for high-BAC and repeat offenders, but more action is necessary. MADD recommends expanding the use of ignition interlocks to all convicted drunk drivers and utilizing ALR to help deter drunk driving, a measure that has been proposed to the legislature. TENNESSEE
25
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32Made with FlippingBook - Online catalogs