By Judge Calvin Holden (Missouri)
To prevent a convicted DWI offender from driving while intoxicated, courts may require the installation of an ignition interlock device on the offender’s vehicle. Courts employ this sentencing practice because:
What Is An Ignition Interlock Driver?
Effectiveness Of The Device
Other researchers have found, however, that the deterrent effect of the device generally ends once it is removed, and that the likelihood that offenders who were required to install the device will commit a repeat DWI offense following removal of the device is virtually the same as for those who were not required to install the device.60 Research suggests that the device should remain installed until the offender can demonstrate an extended period of sobriety.61 When combined with substance abuse counseling, there is some evidence that the deterrent effect of the device may continue beyond its removal.62
Using Data Recorded by Device
Barriers to Using the Device
One method of dealing with offenders who do not own a vehicle is to require them to sign a waiver stating that they will not own or operate a vehicle that
|52 See 23 U.S.C. § 164(a)(5)(B).
53 N.M. Stat. §66-8-102 (D): Aggravated driving while under the influence of intoxicating liquor or drugs consists of a person who:
(1) has an alcohol concentration of sixteen one hundredths or more in his blood or breath while driving a vehicle within this state;
(2) has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or
(3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs.
54 N.M. Stat. §66-8-102 (N).
55 See “The Technology Answer to the Persistent Drinking Driver,” National Commission against Drunk Driving (NCADD), http://www.ncadd.com/015.cfm.
56 See Beck, Kenneth H., et al., “Effects of Alcohol Ignition Interlock License Restrictions on Multiple Alcohol Offenses: A Randomized Trial in Maryland,” American Journal of Public Health, Vol. 89, No. 11, pp. 1696-1700 (November 1999); Coben, Jeffrey, and Gregory Larkin, “Effectiveness of Ignition Interlock Devices in Reducing Drunk Driving Recidivism,” American Journal of Preventive Medicine, Vol. 16, No. 1S, pp. 81-87 (1999).
57 See Fulkerson, Andrew, “Blow and Go: The Breath-Analyzed Ignition Interlock Device as a Technological Response to DWI,” American Journal of Drug and Alcohol Abuse,” Vol. 29, pp. 219-229 (2003).
58 See More, Barbara J. and Delbert S. Elliott, “Effects of Ignition Interlock Devices on DUI Recidivism: Findings from a Longitudinal Study in Hamilton County, Ohio,” Crime & Delinquency, Vol. 38, pp. 131-141 (1992).
59 See Tashima, Helen N. and Clifford J. Helander, “1999 Annual Report of the California DUI Management Information System,” California Department of Motor Vehicles, pp. 30, 38 (January 1999).
60 See Raub, R., et al., “Breath Alcohol Ignition Interlock Devices: Controlling the Recidivist,” Traffic Injury Prevention, Vol. 4, No. 3, pp. 199-205 (2003); “Alcohol Ignition Interlock Devices I: Position Paper,” International Council on Alcohol, Drugs and Traffic Safety (ICADTS), p. 11 (July 2001).
61 See Raub, supra.
62 See Raub, supra.
63 See Voas, Robert A., et al., “Evaluation of a Program to Motivate Impaired Driving Offenders to Install Ignition Interlocks,” Accident Analysis and Prevention, Vol. 34, No. 4, pp. 449-455 (2002).
64 See Marques, Paul R., et al., “Predicting Repeat DUI Offenses With Alcohol Interlock Recorder,” Accident Analysis and Prevention, Vol. 33, No. 5, pp. 609-619 (2001); Marques, Paul R., et al., “Behavioral Monitoring of DUI Offenders with Alcohol Ignition Interlock Recorder,” Addiction, Vol. 94, No. 12, pp. 1861-1870 (1999).
65 See Marques, Paul R., et al., “Behavioral Measures of Drinking: Patterns from the Alcohol Interlock Record,” Addiction, Vol. 98, No. 2, pp. 13-19 (2003).
66 See DeYoung, David, “An Evaluation of the Implementation of Ignition Interlock in California,” Licensing Operations Division, Research Notes—2003, http://www.dmv.ca.gov/about/profile/rd/resnotes/evaluation_implementation.htm.