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Driving while intoxicated rates have declined substantially in the last 20 years. This is as a result of public opinion combined with increased law enforcement efforts. A recent tool has been the Breath Analyzed Ignition Interlock Device. This new technology is designed to prevent persons with excessive blood alcohol levels from operating the interlocked vehicle. This 3-year recidivism study of the ignition interlock revealed 17.5% recidivism rates for the interlock group compared to 25.3% recidivism rates for the non-interlock group, a 31% decrease. Multiple offenders and younger (under 30) offenders had significantly lower rates of subsequent arrests. The multi-offenders in the comparison group were more than twice as likely as the interlock group to have a subsequent conviction within 3 years. The difference was nearly the same for the under 30 age group. There was almost no difference for first offenders. Accordingly, the ignition interlock appears to significantly reduce recidivism for repeat and younger DWI offenders but offers almost no improvement for first offenders. One driver of 315 (0.32%) was charged with DWI with an interlock in place. This offender had a child provide the breath sample while she drove the vehicle.

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BLOW AND GO: THE BREATH-ANALYZED IGNITION

INTERLOCK DEVICE AS A TECHNOLOGICAL

RESPONSE TO DWI

JUDGE ANDREW FULKERSON

1

BLOW AND GO: THE BREATH-ANALYZED IGNITION

INTERLOCK DEVICE AS A TECHNOLOGICAL

RESPONSE TO DWI

BACKGROUND

In the last two decades, the crime of driving while intoxicated has been one of the most

visible of criminal or traffic related offenses. For many years, until the 1980's, the

violation of laws prohibiting the operation of motor vehicles while under the influence of

alcohol were not pursued with the same degree of enthusiasm with which they are at the

present.

The activist organization, Mothers Against Drunk Driving (MADD), was formed in 1980

as a part of a grass-roots campaign to get impaired drivers off of the roadways of

America (Rogers & Schoenig, 1994). Citizen involvement by groups such as MADD,

and others, resulted in campaigns to increase the minimum drinking age in states which

permitted drinking under the age of twenty-one, passage of "dramshop" laws which make

sellers of alcohol liable for damages sustained by persons injured by drunk drivers, and

programs to make the public more aware of the dangers of driving under the influence

(Evans, Neville & Graham, 1991).

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This groundswell of public opinion worked in tandem with legislative reforms to produce

significant decreases in alcohol related crashes. In fact, the public opinion campaign is

thought to be so important and effective, that it, in and of itself, should be viewed as an

intervention completely separate and apart from the legislative enactments which

changed the law and procedure of DWI/DUI offenses in the early 1980's (Rogers &

Schoenig, 1994).

The United States Department of Justice, Bureau of Justice Statistics, reports a substantial

decrease in the DWI arrest rate. The arrest rate per 100,000 drivers fell from 1,124 in

1986 to 809 in 1997 (Maruschak, 1999). This is an impressive decline of 28% in a little

over a decade. (See Table 1) Thus, it may appear that there has been a positive

cumulative effect from a combination of the changing social and cultural climate

regarding drinking and driving and the increased attention from law enforcement and the

courts.

Much of the public opinion regarding drunken driving mentioned above has supported a

"get tough" approach to handling DWI cases. In keeping with this sentiment, the

number of persons in jail, prison, or on probation for DWI has increased from 270,100 in

1986 to 513,200 in 1997 (Maruschak, 1999).

TECHNOLOGICAL RESPONSE TO DWI OFFENSES

The handling of cases involving driving under the influence has become increasingly

3

dependent upon technology. Examples include the use of blood and breath tests to

establish impairment. The level of alcohol in the system has been measured in terms of

blood-alcohol content (BAC). Two pioneer studies that examined the relationship

between BAC and its relationship to automobile crashes were the Manhattan Study and

the Grand Rapids Study. The Manhattan Study found that alcohol increased the risk of a

fatal vehicular crash (McCarrol et al, 1962). The Grand Rapids Study produced the

"relative risk curve" which predicts the increased likelihood of being involved in an

automobile crash at increasing BAC levels (Borkenstein, 1964).

Persons can be, and often are, found guilty of DWI without scientific evidence of the

person's BAC through testimony of eyewitnesses who provide evidence of the

defendant's demeanor, physical appearance, speech patterns, and driving skill. However,

this evidence will often not be enough in close cases where the defendant is not obviously

under the influence of alcohol. As a result, courts began to rely upon objective scientific

evidence of impairment.

Blood-alcohol content is measured in milligrams of ethanol per milliliters of whole

blood. Until recently, most states had laws establishing the BAC level of 100 milligrams

of ethanol per 100 milliliters of whole blood (.10 g/dl) as the point at which an individual

is incapable of safely operating a motor vehicle. However, it has been reported that even

low dose BAC's (under 0.05) will impair the visual perception, acuity and complex

reaction times of subjects (Forney, 1999). Thus, it could be argued that there is no "safe

level" of alcohol in one's system in terms of safely operating motor vehicles. In response

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to this factor, many states have reduced the "guilty per se" limit to a BAC of 0.08. The

federal government has encouraged this change by making the availability of certain

highway-funding contingent upon moving to this lower BAC limit.

Early scientific tests for determining blood-alcohol content were based upon venous

blood samples. Alcohol found in the breath of subjects was found to correlate to levels

found in venous blood and the National Safety Council Committee on Alcohol and Drugs

recommended the use of breath testing in impaired driving cases in 1953 (Forney, 1999).

The Breathalyzer was developed for use by law enforcement by Robert Borkenstein in

1954. This machine measures the BAC of persons based upon breath samples. Since the

taking of breath samples is much less intrusive and expensive than sampling blood, the

breath test soon became the accepted method for establishing the blood-alcohol level of

suspected drunk drivers (Baker, 1990). There are presently several machines on the

market, which provide breath analysis for law enforcement agencies.

In addition to the use of modern scientific technology for evidentiary purposes,

technology may also be used in such a manner as to prevent offenses. Such preventive

technology has been considered since before 1970 (Voas, 1970; Jones, 1989). This

preventive technology seeks to fill the quest for a "car that drunks can't drive" (Popkin,

1992; Voas, 1970).

Early devices included locking systems that required the driver to enter a numerical code

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in the proper sequence before the vehicle would start. This, and other exercises, called

"critical tracking tasks (CTT), met with only limited success. In-vehicle breath testing

was initially found to be impractical due to concerns over reliablilty and circumvention.

Eventually, the technology of breath testing improved and was found to be reliable

(EMT, 1990). But circumvention remained a problem (Baker, 1990). Some methods of

circumventing the interlock included giving stored breath samples. When features were

introduced which reduced the possibility of cheating, the modern breath-analyzed

ignition interlock device emerged. Now, the most frequent method of "circumvention"

by offenders is the operation of a vehicle which is not equipped with the interlock

(Jones, 1993). The interlock device itself is not circumvented, but the court order

requiring the use of the device is violated.

This device is installed in the ignition system of a motor vehicle. An interlock device

typically uses a hand-held unit connected by a wire to the analyzer unit mounted under

the dash (Baker, 1990). The driver must give a breath sample that does not have the

presence of alcohol in excess of a predetermined threshold amount. An excessive amount

of alcohol in the diver's breath sample will prevent the ignition system from starting the

vehicle. A "fail" BAC level will prevent the vehicle from being started for a pre-

designated time, usually 30 minutes. The ignition interlock will not prevent a person

from drinking. Nor will the device prevent a person from driving. But it will prevent one

from drinking and driving in a particular vehicle. It has been observed that the ignition

interlock is "designed to control the intersecting risk behaviors (drinking and driving)

rather than either behavior separately" (Beck, Rauch, & Baker, 1997).

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The ignition interlock is typically required as a part of an offender's sentence as imposed

by the trial judge following a conviction for driving under the influence of alcohol. The

offender is under court order not to drive any motor vehicle, which is not equipped with

an interlock system. The interlock system can also be programmed to require subsequent

breath samples, called "rolling re-tests," which are used to deter an impaired driver from

attempting to get his or her vehicle started with the aid of a sober person. If not for this

feature, a person under the influence of alcohol could have a friend provide the initial

sample to get the car started and then drive to his or her desired destination. The driver

must continue to give breath samples even while the vehicle is in motion. A failure of the

test while the vehicle is in motion does not cause the vehicle to stop for safety concerns.

A re-test failure causes the lights to flash and the horn to honk until the driver stops the

vehicle. At that point the vehicle is shut down and will not start again until such time as a

"passing" breath sample is provided. These re-tests should also deter a driver from

consuming alcohol while driving. The ignition interlock system records data of all tests

and is downloaded at periodic intervals by technicians.

Studies have shown that the ignition interlock is effective in reducing recidivism rates

among persons who have an interlock device in their vehicle (Coben and Larkin, 1998).

The Beck study conducted in Maryland, reported that offenders in interlock programs

have reduced their risk of being involved in an "alcohol traffic violation" within one year

(Beck, Rauch & Baker, 1997).

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A 30 month longitudinal study of the interlock and it's effect upon recidivism in Ohio

showed that a group of drivers who were sentenced to drive with an interlock device

experienced a 65% decrease in the probability of a subsequent drunken driving arrest

than a comparison group that was not required to use the interlock (Morse, 1992). The

ignition interlock has been described as having an educational component in that it

"requires the driver to change life habits related to drinking and driving" (Weinrath,

1997). It may also include rehabilitive features. The machine provides instant feedback

to the offender. If one has consumed enough alcohol to exceed the pre-set BAC limit,

then the vehicle will not start. This feature gives the offender the chance to learn how

much alcohol consumption is unacceptable prior to driving (Weinrath, 1997; Popkin, et

al 1992).

This study will examine whether or not the ignition interlock results in a reduction in

subsequent convictions of persons convicted of DWI in one court jurisdiction. It will

also consider both the deterrent and rehabilitative effect of the interlock as a part of DWI

sentences.

STUDY METHODOLOGY

Greene County, Arkansas is a rural community in Northeast Arkansas with a population

of approximately 35,000. Craighead County is an adjoining county with a population of

approximately 75,000. Both counties have experienced significant growth in population

and industry in recent years. The county seats of each county are only twenty miles

8

apart, and are in the same judicial circuit. According to Census 2000 of the U. S. Census

Bureau, Greene County is 97% white, 69.5% of its residents are 21 years of age or older,

and 72.6% reside in family households. Craighead County is 89.3% white, 69.5% 21

years of age or older, and 68.4% reside in family households.

In order to evaluate the effectiveness of the interlock system, court records in Greene

County were examined to determine the identities of all cases of DWI for the first

fourteen months of the program, May 1, 1995 though June 30, 1996. This group included

315 offenders. From this group of 315 offenders, a total of 178 actually installed an

interlock device on their vehicle. Of the 137 persons who failed to comply, many had no

vehicle and made other arrangements for transportation. We must realistically presume

that some were driving non interlock-equipped vehicles. However, all will continue to

have the requirement of an interlock device as a restriction on their license until such

time as this requirement is completed.

A comparison group of six months of offenders in adjoining Craighead County was then

identified. This time frame was January 1, 1996 through June 30, 1996. This group was

made up of 312 persons. The study population consists of all DWI offenders in the two

courts for the applicable time periods. The Office of Driver Control of the State of

Arkansas provided the driving history of all persons in the experimental and comparison

groups for a period of three years after their conviction dates.

The treatment group subjects were required to use the interlock for time periods of either

9

six or twelve months. The three-year study period provides for examination of

recidivism following the removal of the interlock from the subject's vehicle. One

criticism of other studies of the ignition interlock is that most only examine recidivism

during the time that the interlock is actually in the offenders' vehicle (Coben and Larkin,

1998). Inasmuch as treatment subjects were required to use the interlock for six to twelve

months and their driving and criminal records were examined for three years following

the installation of the interlock, this study has the benefit of at least two years of re-arrest

history after the removal of the device.

The interlock provider for Greene County offenders also reviewed data obtained from

interlock devices regarding the blood alcohol level found in breath samples of interlock

clients for the time frame from which Greene County offenders were selected.

LIMITATIONS OF STUDY

This study must be viewed as being somewhat limited. Readers are cautioned regarding

generalizing data on a nationwide basis due to the fact that this project contains a small

study population. The study also suffers from a similar problem for which other studies

have been criticized, it is not based upon a random experimental design (Weinrath, 1997).

However, an experimental design will be difficult to achieve because most judges will be

reluctant to assign offenders randomly to the interlock device. The interlock is, in and of

itself, a substantial penalty. Judges will not wish to impose this punishment on a random

basis, which punishes half of the offenders in this manner while not punishing the other

half on the basis of nothing more than the luck of when their case was docketed. Judges

10

strive for fairness in sentences, feeling that similarly situated persons should be treated in

a similar manner. The random assignment of this form of punishment runs contrary to

this principle. When judges impose a treatment procedure as a part of a sentence, they do

not wish to withhold this component of the sentence on pure random chance.

The differences in experimental and control groups could be addressed in future studies

by assigning one hundred consecutive subjects to an experimental group and the next one

hundred consecutive subjects to a control group. This method of group assignment may

be more acceptable to a sentencing judge than pure random assignment.

FINDINGS

Recidivism Rates:

The experimental group of DWI offenders who were required to drive

only when using the interlock device experienced a lower rate of DWI

recidivism than did the comparison group. Of the 315 offenders in the

Greene County experimental group, 55 (17.5%) were convicted of a

subsequent DWI within three years. The control group of 312 offenders

whose group was not exposed to the ignition interlock produced 79

(25.3%) offenders who had subsequent DWI convictions within the three-

year follow-up period. (See Table 2)

This is a 31% decrease in recidivism rates after three years for the interlock group

subjects. What is the measure of association between the independent variable of

11

interlock use and the dependent variable of recidivism? The two variables produce a Phi

of only .096, which must be described as a weak to moderate relationship.

Length of time for use of the interlock had no effect upon recidivism. As mentioned

above, some offenders were required to drive with the ignition interlock for a period of

six months, while others were sentenced to an interlock term of one year. The six-month

interlock users and twelve-month interlock users had almost identical recidivism rates.

This could be attributed to the fact that twelve-month interlock users tended to be

offenders who were convicted of multiple DWI offenses, a group that may be more

difficult to reach through treatment or punishment.

Survival Rates:

The subject groups were followed for three years subsequent to their offense dates for the

purpose of comparing survival data. For the interlock group, 4.1% of the subjects had

been charged with another DWI offense at the end of six months, compared with 8% of

the control group subjects. Thus, the interlock group had a six-month survival rate of

95.9%, while the control subjects had a 92% survival rate at this point. At one year, the

interlock group had a 92.4% survival rate compared with 85.3% rate for the control

group. At eighteen months, the survivors were 88.9% for the interlock subjects and

80.8% for the control group offenders. This point marked the largest spread between the

two groups. After 24 months, 85.4% of the interlock group remained free of additional

DWI charges compared to 78.2% of the control subjects. At 36 months, the gap

12

narrowed to 81.3% of the 1995-96 interlock group surviving three years without

subsequent DWI charges compared with 74.7% of the Craighead County control group.

The 1995-96 interlock group had higher survival rates at all time periods. Both groups

showed declining survival rates with the lowest being at the three year mark. It is

noteworthy that the spread between the two groups increased with the passage of time,

peaking at a difference of 8.1 percentage points after 18 months. Even a year or more

after the device is removed, subjects were exhibiting continued reductions in re-offense

rates. However, the difference between the two groups declined sharply at the 24 and 36-

month intervals. This may indicate lessening long-term benefit of the interlock, with the

increased passage of time after removal of the device. (See Table 3)

13

Compliance with interlock requirement :

As mentioned previously, of the 315 cases in 1995-96 where the offenders

were ordered to install an interlock in their vehicle, 178 of the offenders

complied with the court's order and 137 did not comply. Thus, only a little

more than half (57%) completed the interlock requirement of their

sentence. This compliance rate is consistent with that found in the

Maryland study by Beck, Rauch, and Baker (1997). Those who did not

comply with the interlock requirement will continue to have the

requirement of an interlock as a restriction on their driver license until

such time as they have completed this part of the sentence.

Any reduction in future offenses is desirable. However, the overall recidivism rate for

the interlock subjects is not substantially better than the non-interlock group. As noted

above, the recidivism rate for the interlock group was 17.5% compared to the comparison

group rate of 25.3%, with a Phi of .096 and a significance level of .016, indicating a weak

to moderate relationship. However, when we control for whether the interlock group

subject is a first offender or a multiple DWI offender, the differences become more

pronounced. First offenders experienced a 17.2% recidivism rate for interlock -group,

compared to a 21.1% recidivism rate for the comparison group. The Phi value is .048,

indicating a weak relationship. This, of course, is an improvement, but not substantial.

In contrast, the multiple offenders in the interlock group had a re-offense rate of 18.1%

while the non-interlock group had a recidivism rate of 36.9%. The Phi value for the

14

multi-offender variable was .211, indicating a moderate-to-strong relationship. The

multi-offenders in the group not subjected to the interlock were more than twice as likely

to have a subsequent DWI conviction within three years than the repeat offenders who

were subject to the interlock requirement. This suggests that the interlock may be most

effective when selectively utilized. (See Table 4)

Controlling for age of the offender also produced interesting results. Offenders under

thirty years of age showed much greater improvement in recidivism rates than did the

over thirty offenders. The interlock group under age thirty experienced a recidivism rate

of 12.2% compared to an under thirty comparison group rate of 23.3%. The interlock

group subjects over thirty had a recidivism rate of 19.8%. The over thirty comparison

group members exhibited a recidivism rate of 27.1%. (See Table 5)

Selective utilization of the interlock appears to produce much more substantial results

than across-the-board use. Offenders under thirty years of age in the non-interlock group

had nearly twice the recidivism rate than the interlock group members in the same age

group. The most important variable is prior DWI history. The offenders who had

previously been convicted of DWI in the interlock group were less than half as likely to

receive another DWI within three years than the multi-offenders in the non-interlock

comparison group. The Phi value for the multiple offender variable (.211) was much

stronger than the value for the under thirty years of age variable (.138).

15

Deterrent effect: One of the traditional purposes of punishment is deterrence.

Deterrence-rational choice theory is at least partially based upon economic perspective of

criminal behavior. The would-be offender is presumed to make a calculation, which

weighs the potential benefit, which may be gained from the contemplated criminal act

against the potential cost if the person is caught and punished. The "cost" of criminal

behavior may be increased by making greater the liklihood of detection and punishment

(Evans et al, 1991). The cost of criminal behavior is increased by enhancing the

punishment. This punishment may include fines, incarceration, public service work,

treatment requirements, license suspension, probation supervision, and other sentencing

provisions which may include the use of an ignition interlock device. This punishment

goal can be directed toward the individual offender in the form of specific deterrence, or

to society as a whole in the form of general deterrence (Ross, 1984). Deterrence is

limited by low rates of detection. Low detection rates regarding drunken drivers is also a

serious limitation in measures of recidivism based upon re-arrest rates (Popkin et al,

1992)

Incapacitation: The ignition interlock also utilizes another of the traditional purposes of

punishment, incapacitation. The ultimate form of incapacitation, in non-capital

punishment, is incarceration. Jail sentences are totally effective in preventing the

offender from driving under the influence of alcohol while the person remains

incarcerated. As mentioned above, studies have shown that incarceration has little

deterrent effect on future violations. Another form of incapacitation is license

suspension.

16

A device such as the interlock is a form of partial incapacitation. The offender is

partially incapacitated in that his vehicle is rendered functionally inoperable if the

offender, or any person, attempts to start the vehicle with a prohibited breath alcohol

level.

Routine activities theory:

Society's mobility subsequent to World War II, is noted to be related to crime and

criminal activity. Cohen and Felson's (1979) "routine activities theory points to "…the

convergence in space and time of the three minimal elements of direct-contact predatory

violations: (1) motivated offenders, (2) suitable targets, and (3) the absence of capable

guardians against a violation." (id, at 589). Drunken driving is always potentially

predatory, given the likelihood of injury to persons or property. It thus appears that

drunken driving could be examined in the context of this theory. The offender ( a person

under the influence of alcohol and in control of a motor vehicle) meets in time and place

with a victim (any member of society or their property in the path of the offender) in the

absence of a capable guardian (any one or anything that can stop the offender).

Routine activities theory ignores the motivation of criminal offenders. The theory

assumes that certain persons are motivated to commit offenses, and will do so if they

meet with a target and there is no one or nothing to stop them. A person who has been

convicted of DWI is such an offender. In fact, it could be said that the DWI offender is

quite predisposed to commit this offense. The vehicle is not the target of the offense, but

17

rather is the tool for the commissions of the offense. As stated above, the victim is any

member of society, or their property, who gets in the way of the impaired driver. The

interlock becomes the capable guardian. The interlock is an example of "opportunity

blocking." It is similar to anti-theft devices installed in vehicles (Clarke 1995). The

major distinction such devices and the interlock, being that the crime-preventing device is

installed in the vehicle of the potential offender instead of that of the potential victim. .

The ignition interlock is a very capable guardian. As mentioned above, the interlock was

extremely effective in preventing drivers from operating the interlocked vehicle while

intoxicated. One driver out of 315 (0.32%) was charged with DWI with an interlock in

place. This offender had a child provide the breath sample while she drove the vehicle.

This incident is the only time in over five years in the subject jurisdiction that an offender

has been discovered driving under the influence with an interlock device in place.

This incident underscores the fact that the interlock is effective, but still imperfect. Other

possible scenarios include the fact that an offender can drive a vehicle which is not

equipped with an interlock. The offender is legally constrained, but not physically

restrained, from driving another vehicle, which is not equipped with an interlock. A

household with more than one vehicle will not be required to install the interlock in all of

the family vehicles. Also, being a mechanical device, it may be possible to circumvent

the system in some manner (Beck, Rauch, & Baker, 1997).

The provider of interlock devices (a private contractor) in the subject jurisdiction

18

reviewed the data retrieved from the company's client base for the period of July 1, 1995

through June 30, 1996. The interlock devices were all set to prevent the operation of a

vehicle if the driver's blood-alcohol level (BAC) exceeded .025%. Interlock unit reports

indicate that the subjects were prevented from driving with a BAC in violation of the

state's then-current illegal per se limit of .10% a total of 90 times. Another 33 starts at

the .08% BAC level (the present legal limit) were also prevented.

Punishment in general: The interlock may be viewed as an additional sentencing option,

which has a specifically deterrent effect on the offender. It may also be viewed as

rehabilitative, or at least educational, in that it provides instant feedback to the offender

whether or not an excessive amount of alcohol has been consumed to safely operate a

motor vehicle. It is certainly a form of incapacitation, in that the offender is limited in

what he or she can do with regard to operating the interlock-equipped vehicle. It also

may satisfy that basic societal urge to get revenge upon lawbreakers. DWI sentences

may include incarceration, public service work, treatment or counseling, probation

supervision, license suspension, and alternatives such as the ignition interlock. All of

these sentencing components, individually or collectively, cover each of the four basic

punishment goals. The interlock may be viewed as another reasonable form of

punishment, which covers each of these four traditional sentencing goals.

Other Intervening Factors

Are there other factors, which may have played a part in this reduction in recidivism

rates, particularly among repeat offenders? State law mandates alcohol education or

19

counseling. As such these services were provided to offenders in both jurisdictions .

Moreover, the program was delivered by the same source, and subjects in both groups

were provided the same program. A review of court sentences indicates that the court's

sentences were similar in both groups. First offenders typically were sentenced to public

service work in lieu of incarceration. Second offenders were usually sentenced to serve

ten days in jail. Third offenders were normally sentenced to serve a mandatory minimum

of ninety days in jail. However, in Greene County, third offenders typically were

sentenced to a six-month jail sentence, twice the normal sentence used in Craighead

County. It is possible that the stiffer jail sentence in Greene County could be associated

with the lesser rate of recidivism found in Greene County. But, it must be recognized

that jail has not been found to have a significant deterrent effect. As stated above, all

offenders were sentenced to some form of treatment based upon recommendations of a

pre-sentence screening report. All offenders had additional jail time suspended upon the

condition that the other requirements of their sentence be completed.

There was also a difference in fines and court costs from the control group and the

experimental group. Fines in Craighead County were normally $500 for first offenders,

$1,500 for second offenders, and $2,500 for third offenses. Court costs ranged from $300

to $340. In 1996, fines, in Greene County for DWI, were normally $500 for a first

offense; $750 for a second offense; and $1,000 for a third offense. Court costs were set

at $325. Thus, Greene County used more jail time in some sentences and Craighead

County used higher fines. In both courts, persons were permitted to perform public

service work for credit toward fines if they were financially unable to pay fines.

20

Both jurisdictions had the benefit of probation services to monitor offender compliance

regarding the specific terms of their sentences.

Judicial Response

Members of the Arkansas District Judges Council were surveyed regarding their usage of

the ignition interlock device at an annual meeting in May of 1999. Thirty-seven judges

participated in the survey. Thirty percent indicated that the interlock was available for

them to use as a part of a DWI sentence. Sixty-eight percent of respondents stated they

do not use the interlock as part of their DWI sentences. Twenty-two percent of the

judges make use of the interlock as part of their sentences. Of those judges who do not

use the interlock, 53% stated the primary reason was that the cost to the offender was

prohibitive; 36% did not know how to arrange for the use of the device; and 12% said

they believed the device was ineffective.

Conclusion

The breath-analyzed ignition interlock device is an example of a technological response

to a technological problem. The problem is that the technology of the modern

automobile in the hands of an impaired driver has created a serious danger to society.

The technological response is to render the vehicle inoperable for a driver with a

proscribed amount of alcohol in his or her system.

The ignition interlock device is not a perfect response, but it may be viewed as

appropriate in certain cases. The sentencing judge must weigh the relevant factors. The

interlock may be a burden on other family members who may have to share an interlock-

21

equipped vehicle with an offender. It may also be a financial hardship on some offenders

and their families. However, the device may also prevent numerous alcohol related

motor vehicle crashes. It provides both incapacitative and rehabilitative functions. The

device is also a new approach to the concept of target hardening.

While there is a difference in recidivism rates between the experimental and control

groups, when comparing these rates for all offenders, there was not a clear statistical

relationship between the two. But the study demonstrates that recidivism is decreased

significantly for multiple offenders who are required to drive with the interlock. Multiple

offenders who are ordered to use the interlock are less than half as likely to have a

subsequent conviction for drunken driving over a three-year period. This decrease in

subsequent violations has been shown by this study to continue even after the removal of

the interlock device. In view of the foregoing, especially when applied to multi-

offenders, the breath alcohol ignition interlock device appears to be an effective tool in

the prevention of drunken driving.

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Tables

Table 1

DWI Arrest Rates

Year Licensed Drivers Arrests for DWI Rate of Arrest per 100,000 drivers

1986 159,486,000 1,793,300 1,124

1987 161,816,000 1,727,200 1,067

1988 162,854,000 1,792,500 1,101

1989 165,554,000 1,736,200 1,049

1990 167,015,000 1,810,800 1,084

1991 168,995,000 1,771,400 1,048

1992 173,125,000 1,624,500 938

1993 173,149,000 1,524,800 881

1994 175,403,000 1,384,600 789

1995 176,628,000 1,436,000 813

1996 179,539,000 1,467,300 817

1997 182,709,000 1,477,300 809

percent change 14.6% -17.6% -28.0%

Table taken from Maruschak, 1999, citing FBI, Crime in the United States (1986-97), and

Federal Highway Administration, Highway Statistics (1986-97).

23

Table 2

Three-Year Recidivism Rates By Group

Interlock Group Comparison Group

Total DWI Offenders N = 312 N = 315

Total offenders with DWI within 3 years 55 (17.5%) 79 (25.3%)

Table 3

Survival Rates By Group

Time Interlock (N=315) Comparison (N=312)

6 months 302 (95.9%) 287 (92%)

12 months 295 (92.4%) 266 (85.3%)

18 months 284 (88.9%) 252 (80.8%)

24 months 273 (85.4%) 244 (78.2%)

36 months 260 (81.3%) 233 (74.7%)

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Table 4

Three-Year Recidivism Rates By Offense Level

Interlock Group Comparison Group

Total DWI First Offenders N 232 N 228

First offenders with DWI within 3 years 40 (17.2%) 48 (21.1%)

Total DWI Multi- offenders N 83 N 84

Multi-offenders with DWI within 3 years 15 (18.1%) 31 (36.9%)

Symmetric Measures

Table 5

Three-Year Recidivism Rates By Offender Age

Symmetric Measures

Age Value

Under 30 Phi .138

Over 30 Phi .086

Offense Level Value

First Offender Phi .048

Multi-Offender Phi .211

Subsequent conviction Interlock Comparisonl

Under age 30 12.2% 23.3%

Over age 30 19.8% 27.1%

25

References

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Alcohol, Drugs and Driving, pp. 107-115.

Beck, K. H., Rauch, W. J., and Baker, E. A. (1997). The effects of alcohol ignition

interlock license restrictions on multiple alcohol offenders: A randomized trial in

Maryland, Paper presented at the 14th International Conference on Alcohol, Drugs and

Traffic Safety, September, 1997, Annecy, France.

Borkenstein, R., Crowther, R., Shumate, R., Zeil, W., and Zyhnan, R. The role of the

drinking driver in traffic accidents. Indiana University, Bloomington, Indiana.

Clarke, R.V. (1995) Situational crime prevention. In Michael Tonry and David P.

Farrington (eds) Building a safer society: Strategic approaches to crime prevention.

Crime and Justice. Vol. 19. Chicago, IL, University of Chicago Press.

Coben, J. H. and Larkin, G. L. (1998). Effectiveness of ignition interlock devices in

reducing drunk driving recidivism, American Journal of Preventive Medicine, Vol. 16,

No. IS, pp. 81-87.

26

Cohen, L. E. and Felson, M. (1979). Social change and crime rate trends: A routine

activity approach, American Sociological Review, Vol. 44, August: 588-608.

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driving: Evaluation of recent American policies, Risk Analysis, Vol. 11, No. 2, pp. 279-

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Presentation, 1999 American Bar Association Traffic Court Seminar.

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Jones, B. and Wood, N. (1989). Traffic safety impact of the 1988 ignition interlock pilot

program, Oregon Motor Vehicles Division, February, 1989.

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27

McCarrol, J. and Haddon, W. (1962). A controlled study of fatal automobile accidents

in New York City. Journal of Chronic Diseases., 38: 811-826.

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recidivism: Findings from a longitudinal study in Hamilton County, Ohio. Crime &

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evaluation of the effectiveness of the interlock in preventing recidivism in a population of

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Weinrath, M. (1997). The ignition interlock program for drunk drivers: A multivariate

test. Crime & Delinquency 43: 42-59.

29

BLOW AND GO: THE BREATH-ANALYZED IGNITION

INTERLOCK DEVICE AS A TECHNOLOGICAL

RESPONSE TO DWI

30

... The reduction in DWI arrests and alcoholrelated fatalities has been attributed to a number of factors, which include the abovenoted tightening of penalties for DWI offenders, the change in social attitudes, and the introduction of the technology-based intervention of the breath-analysed ignition interlock device (Baker & Beck, 1990;Beck, Rauch, & Baker, 1999;Fulkerson, 2003). The ignition interlock is an electronic device which is a portable breathtesting machine. ...

... Another longitudinal study found a significant reduction in subsequent DWI arrests for repeat offenders and younger offenders over a three-year follow-up period (Fulkerson, 2003). This study found that multiple DWI offenders who were ordered to use the interlock demonstrated less than half the rate of subsequent arrests than the non-interlock multiple offenders. ...

... The ignition interlock device may have some rehabilitative effect on offenders who have been ordered to use the device. The interlock user is given instant feedback as to how much alcohol can be consumed before causing a lockout of the vehicle (Fulkerson, 2003, citing Weinrath, 1997and Popkin, Lederhaus, Stewart, Martell, & Birckmayer, 1992. Another environmental theory of crime control and prevention may also be applicable. ...

• Andrew Fulkerson

While drunken driving arrest rates have plummeted since the 1980s, repeat drunken driving offenders remain a serious and often deadly problem. One intervention which has demonstrated promise in reducing repeat Driving While Intoxicated (DWI) offences is the ignition interlock. The ignition interlock is a breath-alcohol testing device attached to the ignition system of a motor vehicle which prevents the vehicle from starting if the driver produces a breath sample which exceeds a pre-determined alcohol level. The ignition interlock device also collects data as to the number of attempted starts, breath-alcohol levels from the starts, retests and violations resulting in the vehicle being 'locked out' and unavailable for use. This paper examines the data reports collected on a sample of interlock users who were court-ordered to install the device as a result of a DWI conviction in the state of Arkansas. Almost half of the subjects experienced one or more violations with a breath alcohol level that exceeded the 0.08 g/dl legal limit. More than 20 per cent had violations at the very high level of 0.15 g/dl. These data suggest that the ignition interlock may be very effective in preventing DWI recidivism among the problem 'hard-core' drunk driver.

... Both reviews concluded that interlock programs are effective in reducing the re-arrest rate, at least until the device is removed. An important point here is that interlocks appear to be effective for first-offenders as well as repeated offenders, which is not the case for other penal measures (Beck & Rauch, 1999;Fulkerson, 2003). Positive results have been obtained on various populations of offenders, in various years, and in various legal contexts. ...

Introduction. – Alcohol interlock programs (AIP) are aimed at preventing drunk-driving recidivism. They first appeared in Europe in the nineties. Objectives. – The purpose of this study was investigate whether AIPs are effective in reducing recidivism and determine what factors of such programs contribute to their positive impact. Method. – We performed a follow-up of AIP participants (n = 175) and control participants (n = 234) for five years. Data such as blood alcohol concentration (BAC) at time of arrest, previous and subsequent violations (alcohol-related or other types) were collected from the official driver's license files. For self-evaluation and evaluation of the program (since November 2009 only), we used questionnaires based on two theoretical models: the Transtheoretical Model of Change (Prochaska & DiClemente, 1984) and the Diamond of Change Model from the DRUID project, build to explain which are the elements of driver rehabilitation training courses that favor behavioral modification (Bukasa et al., 2009). Results. – The data obtained allowed us to describe these populations of alcohol-drinking offenders, for both the interlock program group and the control group. Two salient features were male proneness to alcohol-related violations and a very high BAC (between 1.5 and 2 g/l) among the majority of drivers who drink under the influence of alcohol. In terms of recidivism reduction, the interlock program was not clearly linked to a beneficial effect. An analysis of behavioral change among the AIP participants showed that consciousness raising took effect more quickly than did environmental reevaluation or reinforcement management. Conclusions. – The application of Prochaska et al.'s model to the follow-up of AIP programs would be more fruitful in the future if psychologists are involved in the program. As we have seen, medical/psychological monitoring may not have been strong enough in the program studied here.

... A number of evaluation studies overseas have found that recidivism rates reduce with the use of alcohol interlocks, but that these positive results are only present while the interlock is fitted (Coben & Larkin, 1999;Dussault & Gendreau, 2000;Fulkerson, 2003). In a 3-year US study on alcohol interlocks, Falkerson found that recidivist drink-drivers who had the interlock fitted to their car were half as likely to receive a subsequent drink-driving conviction in the following three years than repeat offenders who did not have an interlock equipped to their vehicle. ...

... In contrast to other vehicle sanctions these systems provide (ongoing) mobility for the offenders and their families. Research over several years seems to have proven the positive effect of these devices on recidivism rates, at least as long as they are installed in the vehicle ( Voas et al., 1999) and, as another important aspect in contrast to other legal countermeasures it must be stated that they seem to be effective for first offenders as well as for multiple offenders (Beck et al., 1999; Fulkerson, 2003). This is a promising issue due to the fact that particularly repeat offenders seem to be resistant to most of the sanctions mentioned above. ...

• Simone Klipp

The national laws in the Member Sates of the European Union still differ regarding various aspects, but there is a great effort to harmonise the judicial regulations in the European area. Thus the work package 6 "Withdrawal" of the EU-Project DRUID aims to collect information regarding legal issues and practices of license withdrawal and reinstatement in the European countries. As an initial step an intensive literature study was conducted. This article presents the results and sums up information and data from world-wide research focussing on secondary prevention of DUI and DUID. It mainly refers to the early detection of groups who are at high risk to re-offend and judicial strategies that aim to avoid recidivism.

... Ignition interlock devices connected to breath analyzers prevent the vehicle from starting if the BAC of the one being tested is determined to be too high. Studies conducted in Maryland (Beck and Rauch, 1999) and Ohio (Morse and Elliot, 1992) showed that such devices were contributing to lower recidivism rates, but recent research has indicated that interlock devices are not particularly useful for preventing recidivism among first-time DWI offenders (Fulkerson, 2003; Marques, Tippets, and Voas, 2003). ...

• Jeraine R Root
• John M Miller
• Susan Zessin
• Cso

Susan Zessin, Harris County Community Supervision & Corrections Department 49 San Jacinto, 6 th Floor, Houston, TX 77002 713-220-8946, SusanZessin@csc.hctx.net Although many public policies have been implemented to deter drunk driving, alcohol-related crashes still cost billions of dollars each year nationwide. In addition, alcohol-related crashes cost society in terms of lost lives. Estimates indicate someone is killed in an alcohol-related crash every 32 minutes, and 3 in 10 Americans will be involved in alcohol-related crashes at some time in their lives (National Highway Traffic Safety Administration – NHTSA, 2000). In 2004, alcohol was involved in nearly 40% of the traffic fatalities in America, totaling 16,694 alcohol-related deaths. Of these alcohol-related fatalities nationwide, 1,642, or about 10%, occurred in Texas (National Center for Statistics & Analysis, 2005). While progress has been made in the last 20 years, Texas consistently ranks high among states in the number of alcohol-related deaths. Further, alcohol is the primary drug of abuse in Texas. In 2003, 30% of all clients who were admitted to publicly-funded substance abuse treatment programs in Texas identified alcohol as their primary problem (Maxwell, 2004). In Texas, like the rest of the United States, drinking and driving has continued to be a major concern and focal point for new legislation. Tougher legislation has been supported and often introduced by such victim advocate groups as Mothers Against Drunk Driving (MADD). Texas has lowered the legal Blood Alcohol Content (BAC) level from .10 to .08, and has instituted mandatory driver license suspension for DWI offenders who refuse or fail the chemical test (National Council of State Legislatures, 2003). DWI offenders in Texas must also spend some time in jail, even if granted a probated sentence. However, incarceration alone has not proven to be an effective deterrent to future DWI behavior (DeJong, 1997; Mann, Vingilis, Gavin, Adlaf, and Anglin, 1991; Nichols and Ross, 1990). Several different combinations of interventions with various types of treatment were studied in California involving 88,552 first-time DWI offenders.

• Simone Klipp
• Brigitte Hauser
• Jürgen Merz
• Doris Stengl-Hermann

Driving under the influence of alcohol is still a serious road safety problem. International research indicates that the use of alcohol ignition interlocks in combination with psychological driver rehabilitation measures may account for a considerable reduction of recidivism risk of drink drivers. One basic objective of the project was the development of a comprehensive programme concept for the establishment of nationwide use of alcohol interlocks for drink drivers as there were no existing concepts for corresponding approaches in Germany yet. Particularly, the practicability of a programme "Alcohol interlocks in combination with a psychological driver rehabilitation measure" had to be checked and its potential road safety impact had to be estimated. Therefore, criteria for the target group of drink drivers were defined. Additionally, a driver rehabilitation measure, which systematically uses interlock data for psychological counselling, was designed. Furthermore, concrete recommendations for alcohol interlock usage concerning quality assurance (e.g. concerning data protection, service providers, rehabilitation providers), institutions to be involved, operational processes and the group of potential participants were developed. After research it can be stated that the introduction of alcohol ignition interlocks in combination with a corresponding psychological driver rehabilitation measure could reasonably complement the German driving licensing system. However, a legal basis for an implementation of alcohol interlock usage is still required.

• Amanda R. Grohosky
• Kathleen Moore
• Ezra Ochshorn

Driving under the influence (DUI) is a serious crime that contributes to approximately 9% of traffic-related crashes, injuries, and fatalities in the state of Florida. Specifically, Hillsborough County, which includes Tampa, has the highest rate of DUI-related occurrences in the state of Florida. There are several gaps in policy, enforcement, and treatment that need to be addressed before Hillsborough County can shed this dubious distinction. To this end, 15 key stakeholders involved in alcohol policy were interviewed about law enforcement, judicial, and treatment issues. Several obstacles to reducing DUI crime emerged: inadequate case preparation time, case overload, prosecution challenges such as leniency and inconsistency in sentencing, and the need for more collaboration between law enforcement, the judicial system, and treatment providers. Suggested recommendations included the addition of a DUI court, stricter legal and treatment requirements, and mandatory blood testing.

• Lawrence E. Cohen
• Marcus Felson

In this paper we present a "routine activity approach" for analyzing crime rate trends and cycles. Rather than emphasizing the characteristics of offenders, with this approach we concentrate upon the circumstances in which they carry out predatory criminal acts. Most criminal acts require convergence in space and time of likely offenders, suitable targets and the absence of capable guardians against crime. Human ecological theory facilitates an investigation into the way in which social structure produces this convergence, hence allowing illegal activities to feed upon the legal activities of everyday life. In particular, we hypothesize that the dispersion of activities away from households and families increases the opportunity for crime and thus generates higher crime rates. A variety of data is presented in support of the hypothesis, which helps explain crime rate trends in the United States 1947-1974 as a byproduct of changes in such variables as labor force participation and single-adult households.

• R.F. Borkenstein
• R.F. Crowther
• R.P. Shumate

Blood alcohol concentrations (BACs) over 0.04% are definitely associated with an increased accident rate. The probability of accident involvement increases rapidly at BACs over 0.08%, and becomes extremely high at BACs above 0.15%. When drivers with BACs over 0.08% have accidents, they tend to have more single vehicle accidents, more severe (in terms of injury and damage) accidents and more expensive accidents than sober drivers. BACs of 0.04% and below apparently are not inconsistent with traffic safety. Many factors other than alcohol are related to the probability of accident involvement. The driver classes with the worst accident experience, in addition to the alcoholically impaired, are the young or very old, the inexperienced and those with less formal education. Persons with the most education, those with better jobs and the middle aged, have better than average accident experience. The effects of alcohol are consistent within the various socioeconomic classes considered. High BACs are always associated with bad accident experience. At the higher BACs, the difference in the accident potential between the various classes of drivers is unimportant. An important aspect of the applied survey technique is that it is adaptable to assessing the effect of various policies directed at the drinking driver. Drinking and driving is clearly associated with the frequent use, or abuse, of alcohol. Many drivers with BACs overestimate the number of drinks that it is safe to have before driving. The tendency to drive after drinking is related significantly to the socioeconomic categories appearing most frequently in the drinking driver class.

• Ronald V. Clarke

Situational prevention seeks to reduce opportunities for specific categories of crime by increasing the associated risks and difficulties and reducing the rewards. It is composed of three main elements: an articulated theoretical framework, a standard methodology for tackling specific crime problems, and a set of opportunity-reducing techniques. The theoretical framework is informed by a variety of "opportunity" theories, including the routine activity and rational choice perspectives. The standard methodology is a version of the action research paradigm in which researchers work with practitioners to analyze and define the problem, to identify and try out possible solutions, and to evaluate and disseminate the results. The opportunity-reducing techniques range from simple target hardening to more sophisticated methods of deflecting offenders and reducing inducements. Displacement of crime has not proved to be the serious problem once thought, and there is now increasing recognition that situational measu...

• Michael Weinrath

The ignition interlock has been touted as a "high-tech" intervention to reduce drunk-driving recidivism. However, it has been difficult to evaluate because outcomes may be a result of program selection. In the study reported here, a random sample of interlock cases was contrasted against a comparison group of impaired drivers in a retrospective analysis. Program effects were tested through a series of logit regressions, and program and comparison group drunk-driving survival rates were also compared. Program participants had lower recidivism rates and higher survival rates, indicating that the program has strong potential to protect the public and to change offender behavior.

• Barbara J. Morse
• Delbert S Elliott

As demands for more effective legal remedies for drunk driving escalate, a number of states have authorized judges to use breath analyzer ignition interlock devices as an optional sanction in drunk driving cases. This research presents initial findings from a quasi-experimental study designed to evaluate the effectiveness of interlock devices as a deterrent to a repeated drunk driving arrest in a sample of persons convicted of DUI. Survival rates across a 30-month risk period, during which interlock installation, license suspension, and probation sanctions were in effect, indicate that interlock devices significantly reduced the likelihood of a repeated DUI arrest as compared to license suspension.

• William N. Evans
• Doreen Neville
• John Graham

A testable hypothesis of deterrence theory is that efforts to increase the expected cost of criminal activity by increasing the threat of punishment should, other things being equal, reduce the crime rate. In this paper, we examine whether the incidence of drinking and driving is responsive to escalation of the punitive threat. The recent national campaign against drunk driving provides a natural experiment in which to test the predictions of deterrence theory. Using state level data over the 1975-1986 period, we report no conclusive evidence that any specific form of punitive legislation is having a measurable effect on motor vehicle fatalities. We report suggestive evidence that multiple laws designed to increase the certainty of punishment (e.g., sobriety checkpoints and preliminary breath tests) have a synergistic deterrent effect. The most striking finding is that mandatory seat belt use laws and beer taxes may be more effective at reducing drunk driving fatalities than policies aimed at general deterrence.

This study evaluated the impact of 1982 legislative reforms, including enhanced penalties, greater sentencing uniformity, and the introduction of an illegal per se standard, on California's driving-under-the-influence (DUI) countermeasure system. Intervention time series analysis was used to evaluate the general deterrent effects of these laws, as measured by alcohol-related fatal and injury accident rates, both statewide and in counties sharing similar demographic and enforcement patterns. In combination with the legislative effects, analyses also assessed the significance of prelegislative publicity associated with an emerging antidrunk driving sentiment largely popularized by the formation of Mothers Against Drunk Driving (MADD). Both implementation of the DUI statutes and the publicity and societal dynamics surrounding the creation of MADD were found to be associated with reductions in subsequent alcohol-related fatal and injury accident rates, with evidence of more pronounced effects among injury accidents.

• Jeffrey H Coben
• Gregory Luke Larkin

To determine if ignition interlock devices reduce driving while intoxicated (DWI) recidivism. Cochrane Collaboration search strategies were used. Studies for selection examined the effectiveness of interlock programs in a defined population. Studies were required to have a clear description of the program and outcomes evaluated, to have a comparison group and to provide interpretable data. A total of 31 studies were found. Ten studies met the selection criteria. Three of these studies were eliminated from further analysis because they did not contain original data. A fourth study was eliminated due to methodologic weaknesses, leaving six studies for final review and analysis. Pooled analyses were not done because studies did not follow similar methods over comparable time periods. Five of the six studies found interlocks were effective in reducing DWI recidivism while the interlock was installed in the car. In the five studies demonstrating a significant effect, participants in the interlock programs were 15%-69% less likely than controls to be re-arrested for DWI. The only reported randomized, controlled trial demonstrated a 65% reduction in re-arrests for DWI in the interlock group, compared with the control group. Alcohol ignition interlock programs appear to be effective in reducing DWI recidivism during the time period when the interlock is installed in the car. Future studies should attempt to control for exposure (i.e., number of miles driven) and determine if certain sub-groups are most benefited by interlock programs.

Source: https://www.researchgate.net/publication/10773163_Blow_and_Go_The_Breath-Analyzed_Ignition_Interlock_Device_as_a_Technological_Response_to_DWI

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