Research Notes-Fall 1999
Evaluation of the Efficacy of Ignition Interlock in California
By Leonard Marowitz
Ignition interlock devices (IIDs) are designed to prevent automobiles from starting when the breath of the driver indicates the presence of more than a very low concentration of alcohol in the blood. After an automobile is started, IIDs periodically require additional breath samples to be given for rolling retests of breath alcohol. IIDs contain computer chips which maintain a record of the blood alcohol concentration (BAC) indicated by breath samples, as well as instances when required rolling retest samples are not provided. A printout of the events stored by IIDs, obtained at each 60-day servicing interval, provides a copy of IID-monitored events since the last servicing.
The initial development of IIDs began in the 1960s. In the past few years, the technical sophistication of IIDs has improved considerably, enabling the devices to be highly accurate and resistant to circumvention. To be certified in California, IIDs must meet the accuracy requirement and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration.
The use of IIDs as a driving-under-the-influence (DUI) countermeasure has slowly gained acceptance in California. A pilot study under the Farr-Davis Driver Safety Act of 1986 was conducted in four California counties to determine the effectiveness of IIDs in reducing DUI recidivism. No statistically significant decrease was found. The use of IIDs was promoted statewide by passage of AB 2040 (Farr) in 1990. This legislation, which expanded the discretionary use of IIDs by judges, was supplemented in 1993 by AB 2851 (Friedman), which required judges to order the installation of IIDs for all repeat DUI offenders. In spite of the mandatory nature of the statute, judges ordered less than 15% of repeat offenders to IIDs.
The IID laws in California were rewritten, beginning with a task force consisting of representatives from all components of the DUI countermeasure system and culminating with an agreement between the IID industry and lawmakers on the wording of legislation. The new IID law, Assembly Bill 762, was chaptered in September 1998. Subsequent passage of Senate Bill 24,in May 1999 resulted in some technical changes to the IID law. The new IID law went into effect on July 1, 1999.
The new IID law was drafted mainly in response to concerns of the judiciary about the prior IID lawís cost to participants, questions regarding its effectiveness, and inconsistency of the statute with other existing law. The new IID law responds to these concerns by requiring an income-based payment scale, a scientific evaluation of the new law, and that DUI offenders violate license suspension or revocation prior to being mandatorily required to install an IID. The new law continues to allow judicial discretion to order an IID for any DUI offender. The law also incorporates recent research findings which identify those DUI first offender groups most likely to recidivate and which might benefit most from IIDs.
Parts of the new IID law are administered by courts, and other parts are administered by DMV. Courts are responsible for administration of the IID program under the following circumstances:
- Courts may prohibit DUI first offenders from operating
a motor vehicle unless that vehicle is equipped with
an IID for a period not to exceed three years, and
should give heightened consideration to offenders:
- with BAC of 0.20% or more, and/or
- with two or more prior moving traffic violations,
and/or
- who refused a chemical test at the time of arrest.
- with BAC of 0.20% or more, and/or
- Courts shall order any offender convicted of driving
with a license which is suspended or revoked due to
a DUI conviction (VC 14601.2) to install an IID on
any vehicle the offender owns or operates for a period
not to exceed three years.
- Courts may require IID installation for any offenders.
DMV administers the IID program under
these circumstances:
- DUI second offenders convicted of a misdemeanor
DUI (VC 23152) may apply for optional DMV IID restricted
driver licenses one year after conviction. To be eligible
for this IID restriction an offender must submit a
Proof of Enrollment form for an 18- or 30-month licensed
DUI program, proof of financial responsibility, and
a Verification of Installation form, pay all fees,
and have no other outstanding suspension or revocation
actions.
- Other DUI multiple offenders may apply for optional
DMV IID restricted driver licenses after completion
of one-half of the revocation term of three to five
years, depending on the violation and the number of
prior convictions. The eligibility requirements for
this IID restriction are the same as for second offenders,
except that a Notice of Completion Certificate for
a licensed DUI program (18-month program or 18 months
of a 30-month program) is required.
Regulations written to implement the new IID law detail the requirements for certification of an IID in California. These requirements include the deviceís meeting the performance standards of federal regulations, as published in the Federal Register in 1992. Certification of devices may be refused, suspended or revoked for (1) design defects, (2) termination of the manufacturerís liability insurance, (3) suspension, revocation or refusal of an IID in another state for a failure to meet the standards of California or federal regulations, and (4) device modifications that result in the minimum federal standardsí no longer being satisfied.
Toll-free phone numbers for the five manufacturers with certified IIDs in California will be provided to individual participants. Participants can call these phone numbers to obtain the location of nearby authorized installers, of which there are currently 36 in California. The number of installers is expected to increase as use of the new IID law increases. This will ensure that participants in all parts of the state will be able to obtain installation of, and service for, IIDs. Installers in more populous areas work out of shops, while those in less populous areas provide mobile service by going to the residence or business of participants.
Authorized IID installers must provide participants with (1) forms required for compliance, (2) written instructions on caring for the device and what to do in case of possible device malfunctions, (3) training in operating the device, and (4) a 24-hour emergency phone number with response within 48 hours. When servicing IIDs, installers must conduct inspections of the device and document any evidence of law violations for the court or DMV.
The new IID law makes the following unlawful:
- Leasing or lending a motor vehicle without an IID
to a person known to have an IID restriction.
- Having an IID restriction and requesting that another
person blow into an IID to start a vehicle or pass
a rolling retest, or complying with the request if
you are the other person.
- Removing, bypassing, circumventing, or tampering
with an IID.
- Having an IID restriction and operating any vehicle
not equipped with an IID.
R&D is monitoring the implementation of the new IID law, the sanctioning of IIDs by courts, and the voluntary use of the devices by DUI multiple offenders. We will perform a study on the effectiveness of the new IID law and of the devices in reducing recidivism and crashes among DUI offenders. The study will be reported to the legislature by January 1, 2002. The new IID law will sunset on January 1, 2005, unless a later statute deletes or extends that date.
To order a copy of the report An Evaluation of the Impact of Californiaís Driving Performance Evaluation Road Test on Traffic Accident and Citation Rates (Report No. 181) write to DMV, Research and Development Branch at 2415 1st Avenue, Mail Station F-126, Sacramento, CA 95818.