MADD’S MODEL ALL-OFFENDER IGNITION INTERLOCK LAW
In this report, MADD looks at five key aspects to a first- time offender ignition interlock law and three other elements critical to implementation. MADD’s model law is largely based on a CDC report, “Increasing Alcohol Ignition Interlock Use: Successful Practices for
States,” released in May 2015.
Implementing these eight components in a first-time offender ignition interlock law will boost interlock installations, reduce repeat offenses and save lives.
5 KEY COMPONENTS TO A FIRST-TIME OFFENDER LAW Circumvention Penalties Attempts to circumvent an interlock device should result in fines, jail time or, at the very least, extra time on an ignition interlock.
Interlock Available Upon Arrest An ignition interlock should be available upon arrest for any drunk driver seeking driving privileges during a license suspension. The sooner an interlock is installed, the lower the risk the offender will drive illegally and unmonitored on a suspended license. Compliance-Based Removal Every time an interlock user attempts to start or use an interlock, that data is recorded. This information can be used to determine whether an offender will continue to drive sober after the device is removed. Twenty-five states have a compliance-based removal component that includes extending time on an interlock for attempts to drink and drive.
Monitoring Interlock Users Every 30 days or sooner, the information from the interlock is downloaded by a service center. This information is typically sent to a monitoring agency (such as a court or driver’s license agency) every reporting period and/or at the end of the interlock restriction period. States should use this information to confirm compliance with an interlock order. Administrative Component It is important to have a strong administrative component to an interlock law to ensure that arrested drunk drivers can only be fully relicensed if they demonstrate successful use of an Indigent Fund States must use an objective standard when determining eligibility for help covering the average cost of an interlock device at $2.50 per day. Thirty states have a system that provides an interlock at a reduced cost, some of which are through agreements with interlock companies or fees paid by other interlock users. Interlocks for First-Time Refusals Nationally, one in five drivers arrested for suspicion of drunk driving refuse a chemical test. In some states, like Florida, the refusal rate is over 40 percent. Twenty-six states require an interlock for refusals.
OTHER KEY COMPONENTS TO A FIRST-TIME OFFENDER LAW
interlock during a license suspension — even if a judge fails to order the device.
Educate Stakeholders and Public States should have dedicated working groups of government and community stakeholders to make sure the interlock law is being implemented and suggest changes as needed to improve the law. Additionally, states could better publicize interlock laws during the twice-yearly, federally funded Drive Sober or Get Pulled Over drunk driving crackdowns.
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