Ignition Interlock

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AAMVA-2014

REGION II

Ignition Interlock

“Conference Update”

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AAMVA Ignition Interlock Working Group

Monday, June 23, 2014

Presented by: Brian Ursino, AAMVA Director of Law Enforcement; Staff Liaison

to IIWG

Ignition Interlock Working Group

The purposeof the Ignition Interlock Working Group is to develop a Best Practices Guide that:

– Will assist state agencies having ignition interlock administration responsibilities to improve their current program;

– For those states without a program, provide a blueprint for implementing a model program based on best practice tenets;

– Recommends a model for state reciprocity practices, which may include the creation of a national ignition interlock database, so individuals having ignition interlock requirements cannot circumvent those requirements by moving from one state to another; and

– Model legislation states may need passed to create a model program.

• First Meeting was conducted May 28 –29, 2014;• Second Meeting will be conducted in September 2014;• Publication is anticipated prior to October 2015.

Ignition Interlock Working Group

Questions?

Brian Ursino, AAMVA Director of Law Enforcement

703-350-5103

bursino@aamva.org

Alabama

Interlock Law

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• First Offense DUI – licensee can opt for 6 months IID, in lieu of 90 day suspension

• Second Offense DUI – After 45 days of suspension/revocation, licensee may get the IID in lieu of remainder of susp/rev time.

• Third Offense DUI – After 180 days of susp/rev, licensee may get the IID I

• Fourth/Subsequent DUI – after 1 year of the susp/rev time, licensee may get the IID

Highlights

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How long is IID Required ?

1st offense within 5 yr. period: Not required UNLESS:

• Licensee opts for the IID in lieu of suspension (6 mos)

• Refusal of chemical test

• Child under age of 14 in vehicle

• Injury to anyone other than the offender

• If any of the last 3 conditions apply, then it’s required for 2 yrs. from issuance of driver license

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How long is IID Required ?

• 2nd offense – 2 years unless ANY of the previously mentioned conditions apply, then time is doubled.

• 3rd offense – 3 years unless ANY of the conditions apply, then time is doubled.

• 4th or subsequent – 5 years unless ANY of the conditions apply, then time is doubled

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• Alabama Statistics- September 2012

Alabama Interlock

Number of breath tests 8775

Initial Test Failures 60

Rolling Re-test Failures 12

Tests between .025 and .079 58

Tests between .080 and .099 4

Tests between .10 and .159 5

Tests .16 and above 5

Number of attempts to tamper 93

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Ignition Interlock Program

Presented by:

Debbie JonesJackie Mitchell

Tina Raynor

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Objectives:

I. Overview of Program

II. Program Statistics

III. Program Progress

IV. Challenges to Program

V. Program Goals

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Program Overview

Method of Entry

First Offenders

Second Offenders

Multiple Offenders*

1st Offense – BAC >.151st Offense – Court Ordered

2 DWIs in 3 yrs – restrictedConditional Restoration

Conditional Restoration&

Restriction

*also includes Habitual Offenders, Death by Vehicle and Serious Injury by vehicle involving alcohol

MAP 21 Conforming to Federal highway bill

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Program Overview

Length of Requirement

N.C.G.S. 20-17.8 and N.C.G.S. 20-19e

1st Offense one year*

2nd Offense Conditional < 2 yearsRestriction – 3 years *

Multiple

Convictions Conditional – 3 to 5 years

Restriction – 7 years*

*credit only given when the customer has both the device and valid privilege

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North Carolina

Certified Service Providers

ACS

Monitech, Inc.,

SmartStart

(Providers in Alphabetical Order)

Program Overview

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Certification Process

1. Submit Application to Commissioner

2. Review of Application by Committee

3. Testing of Device

4. Recommendation of Committee

5. Certification by Commissioner

Program Overview (Cont.)

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Program Goals

1. Work with stakeholders to develop business rules that would support current providers and change of providers.

2. Continue to work with the State Legislature on program changes and supporting legislation.

3. Create a regulation plan that allows for monitoring of providers.

4. Establish, create, and execute an automated Ignition Interlock Management system.

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Program Statistics

Current number of customers with a device

installed: over 10,000

Yearly Stats 2009 2010 2011 2012 2013

Required NotInstalled

8,951 13,202 14,752 10,799 12,654

1st Conviction 440 711 3,281 2,928 3,740

Multiple Convictions

1,563 2,090 2,238 2,282 2,632

ConditionallyRestored

650 751 791 889 1,165

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Program Hearing Statistics

2013 Year End Administrative Hearings Statistics for

Violation of Alcohol Concentration Restrictions

1. Total Hearings Scheduled 1444

2. Total Hearings With Decision to Suspend

Driving privileges 568

3. Violations determined to be mouth contaminant 876

Program Progress

Certification Process began Spring 2010

Certification Process revamped in 2011

Smart Start certified in January 2012

Ignition Interlock Section created early 2012

Training of staff on all II devices

Monitech, Inc. recertified in August 2012

ACS certified in October 2012

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Program Challenges

1. Communication between all parties

2. Development of business rules

3. Consistency with reporting

4. First Offenders Legislation

5. Long Term projections

6. Staffing and Development

7. Coordination and review of providers

8. MAP 21 Implementation

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Administrative or Judicial

Hearings

Violations?

Positive alcohol

concentration above set

point?

Not provide sample on

device?

Tamper with device?

Is it a violation?

If a violation occurs….

Penalties

Criminal? Civil? Both?

Key issues:

Evidence

AdmissibilityFoundation

Evidence

• What evidence is before the trier of fact to

determine if a violation occurred on the

ignition interlock device?

– Logger reports?

– Testimony from employees of Service Provider?

– Testimony from participating user?

– Testimony from law enforcement or others?

Admissibility

What are you looking to do with

the evidence?

Do the Rules of Evidence apply?

Can someone testify as to the

evidence?

Foundation

• Person testifying a representative of Service Provider?

• What are the procedures for preparing reports?

• Was report prepared in that procedure?

• Report prepared close to download of data?

• Report a document prepared and kept in regular course of business?

Questions for the Panel?

Diane Woodruff, Driver License Manager

Alabama Department of Public Safety

Office: 334-252-2506

Deborah Jones, Hearings (Acting) Director

North Carolina Division of Motor Vehicles

Office : 919-861-3231

Christopher W. Brooks, Assistant Attorney General

North Carolina Department of Justice

Office: 919-716-6650

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