Ignition Interlock Restricted License Bill

Transcription

1 Ignition Interlock Restricted License Bill Incentivizing IID compliance to Make Wisconsin Roadways Safer Ignition Interlocks Reduce OWI Rearrests by 67% (US Centers for Disease Control and Prevention, 2013)

2 Need for the Legislation On average, Wisconsin has over 33,000 OWI arrests each year, 5000 alcohol related crashes resulting in 200 fatalities and 3000 injuries. One person is killed or injured in an alcoholrelated crash every 2.8 hours on Wisconsin roadways Under Wisconsin's current OWI law, first time offenders with a BAC of.15 or higher, all repeat offenders and test refusals are required to get an ignition interlock device installed on all vehicles they own at conviction. Judges in Wisconsin have ordered 33,698 drunk drivers to install an ignition interlock device on their cars since July of In that same time, just 15,078 interlocks have actually been installed. That means 45% less than half of all drunk drivers ordered to get an IID have actually complied with the judges order 1 Ignition interlock devices reduce recidivism by 50-90%, but only when they are installed on offenders vehicles. LRB 1216/1 will help to increase compliance through voluntary incentives and tying the IID requirement to the offenders license instead of the cars they own. The bill would also reduce DOT and law enforcement expenses and staff time during the administrative suspension hearing process. In Wisconsin OWI offenders exercise their right to an Administrative License Review (ALR) hearings over forty-five hundred (4,500) times each year. Such hearings, that few offenders win have huge costs for DOT to hold and for law enforcement officers to participate in. LRB 1216/1 in addition to creating incentives for IID compliance, should also reduce the number of ALR hearings; other states with similar statutes. have seen a ninety percent (90%) drop when offenders were offered the choice of immediate ignition interlock supervised driving privileges, or an ALR hearing. Police agencies gained extra officer time and reduced expenses with fewer hearings to be available for and overtime to pay. All the highway safety experts National Transportation Safety Board, National Highway Traffic Safety Administration, Insurance Institute for Highway Safety, US Centers for Disease Control and Prevention, International Association of Chiefs of Police and all the highway safety advocates MADD, AAA, National Safety Council recommend ignition interlock devices as the most effective, most cost effective means to prevent alcohol impaired driving. Please see the back of this packet for Wisconsin groups in support of the legislation We ask for your support of these bills to increase compliance of IID installation and make Wisconsin's roadways safer. 1. these numbers are from 2012 and cited in Fox6 report

3 What the Bill Does Creates a new license type for OWI offenders - An Ignition Interlock Restricted License (IIRL) Allows offenders to receive an ignition interlock restricted drivers license with no waiting period if they waive their administrative hearing rights, get an ignition interlock device (IID) installed in at least one vehicle and show proof of insurance OWI "test failure" offenders would be eligible for an IIRL after 15 days if they request an administrative hearing and lose or an occupational license after 45 days. IIRLs would be mandatory at conviction for repeat offenders, refusals and first time offenders with a BAC of.15 or above OWI "refusal" offenders can obtain an IIRL after 30 days if they waive their administrative hearing rights and install an IID and after 45 days to 1 year (depending on offense) if they request a hearing Drivers with an IIRL would have no time of day, reason for driving or route restrictions as are required under occupational licenses. They can still go out for dinner, their kids' school events, movies etc. They just can't drive with a BAC above.02 Ties the IID to the offenders drivers license instead of all the cars they own. They can drive any car that is IID equipped - reduces financial burden and inconvenience on family members Gives day for day credit for time served if an IIRL is obtained prior to conviction. Example: If an offender gets an IIRL 3 months before conviction and at conviction they are ordered to have an IID for 1 year, they would only have 9 months remaining. As under current law IID violations would still extend the IID requirement for an additional 6 months Creates stiffer fines and penalties for violating the IIRL such as tampering, circumventing, driving a car without an IID etc. Closes the loophole in current law where a driver installs an interlock on his own car, but then borrows someone else s car to get around the law. Under current law this is not a crime, it is just a civil offense like not wearing eye glasses Requires courts to provide DOT with the convicted OWI offenders' blood alcohol concentration at the time of the offense if known Creates an IIRL license fee that will cover the costs of the new program The IIRL would be a seamless license, if obtained prior to conviction, no new license or license fees would be paid after conviction The end date of the license is the end of the revocation period or IID restriction period, whichever is later What the Bill Does Not Do The bill does NOT expand who needs to get an ignition interlock device. law requires all repeat offenders, refusals and first time offenders with a BAC of.15 or above to get an ignition interlock device The bill does not remove the option for an occupational license before conviction The bill does not remove the indigence provision that provides that if an offender's household income is below 150 percent of the federal poverty line, their liability for IID costs are reduced by 50%

4 Federal Law Changes That Allow for IID Incentives Without Hard Revocation In 2012 federal law changes acknowledged the effectiveness of ignition interlock devices and the reality that hard suspension/revocation does not deter drunk drivers or protect the public. Waiting periods for licensure, also reduce IID compliance as offenders "learn to drive" under suspension/revocation. Public transportation is not available in many parts of Wisconsin and most people are dependent on their cars to maintain their daily responsibilities. Federal Laws Before No interlock without prior period of hard license revocation (no driving period) for subsequent offenders 2. Interlocked offenders may only drive to work, school or treatment Research that prompted law changes 1. Interlocks are more effective than hard revocation 2. Most revoked offenders drive while revoked (DWR) 3. Offenders learn that they can get by with DWR 4. license restrictions limiting driving to work, school or treatment are ignored and ineffectual 5. Hard revocation does not provide sober driving "training" 2012 Highway Bill Removed Restrictions and offers Grants 1. Hard revocation period before interlock for repeat offenders was removed 2. Federal restrictions on where and when an interlocked offender may drive were removed 3. Federal Grants will be given to states that enforce an all-offender interlock law

5 Wisconsin OWI Facts In 2013 there were 4,954 alcohol related crashes, 185 fatalities, and 2,660 alcohol related injuries due to drunk drivers. In the last 10 years over 2000 people have died on Wisconsin roads from alcohol related crashes. 2,122 of the 26,632 people convicted of OWI in 2012 were rearrested within six months for driving illegally. In 2012, alcohol-related crashes killed 223 people in this state and left nearly 3,000 hurt. About 36% of all fatal traffic crashes in that year were related to alcohol. An average of one person is killed or injured in an alcohol related crash every 2.8 hours on Wisconsin roadways. More than 475,000 people in Wisconsin have at least one drunken-driving conviction on their record. Nearly 8,000 have five or more. In ,122 people that were convicted of OWI were rearrested within 6 months for driving on a revoked or suspended license and those are just the ones that were caught. It is estimated that 50 to 70 percent of convicted drunk drivers continue to drive on a suspended license and without auto insurance. Judges in Wisconsin have ordered 33,698 drunk drivers to install an ignition interlock device on their cars since July of In that same time, just 15,078 interlocks have actually been installed. That means 45% less than half of all drunk drivers ordered to get an IID have actually followed through and done it. On average, there are over 33,000 arrested for OWI in Wisconsin every year. Excessive alcohol use in binge-drinking Wisconsin costs the state $6.8 billion a year, and taxpayers are picking up more than 40% of the tab. Ignition interlocks are the most effective and cost effective sanction when they are installed.

6 Questions and Answers About Ignition Interlock Devices Q: What is an ignition interlock device (IID)? A: An ignition interlock device is a car breathalyzer designed to prevent anyone under the influence from driving the vehicle. It requires a breath sample to be submitted below 0.02 BAC before it will allow the driver to start the vehicle. If the breath alcohol concentration (BrAC) is above the pre-set limit, the vehicle will not start. Ignition interlock Devices (IIDs) are also referenced as breath alcohol ignition interlock devices (BAIIDs) Q: Are ignition interlock devices held to any quality standards? A: Yes, all ignition interlock devices must meet the National Highway Traffic Safety Administration s (NHTSA) requirements and pass vigorous testing to be approved in Wisconsin. Q: Will the Ignition Interlock Device shut a vehicle off? A: No, the IID can only prevent a vehicle from starting. Once the driver has successfully passed a test and started their vehicle, the IID can not affect the operation of the vehicle. It will however, as required by DOT administrative rules, activate the car horn and/or lights if a rolling retest is missed or failed. Q: How and when is a breath sample provided? A: Each device has specific requirements for providing samples. Proper technique will be taught at the time the IID is installed. In general, a person has up to three tries within five minutes to provide a breath sample to start the vehicle. If there are three failed or aborted attempts to provide a breath sample, the IID enters a Temporary Lockout and the vehicle will not start for 15 minutes. A second breath sample will be required approximately five minutes after the vehicle has started. Additional breath samples will be required at random (5-30 minute) intervals for as long as the engine is running. These are referred to as rolling retest samples. Q: What prevents the driver from drinking after the vehicle has started? A: If the breath sample during a rolling retest tests above the 0.02 limit, or if the driver fails to provide retest samples, the vehicle s horn and emergency lights will be activated by the IID. The IID will not, under any circumstance, shut the vehicle off. The only way to stop the horn and lights is for the driver to turn off the engine. If the driver s breath sample tests above the limit after stopping the engine, the vehicle will not start. Q: How much does an IID cost? A: On average, the cost of an IID is a $75.00 installation charge and $2.30 per day. The IID lease and service agreement includes a monthly fee, generally amounting to $2.30 a day. Routine service, including reporting all IID data to the sheriff of the county where the offender resides, is required every 60 days. Low-income offenders, with annual incomes less than 150 percent of the Federal Poverty Level (FPL), are entitled to pay only half of the regular cost of IID installation and monthly service fee. Q: Will extreme weather affect the IID? A: IIDs have been engineered to work well in all manner of weather conditions. However, there may be a slightly longer warm-up period during extreme cold. Here is a link to more detailed information

7 Ignition Interlock Restricted License (IIRL) - Time of Arrest

8 Ignition Interlock Restricted License (IIRL) - OWI Conviction

9 Ignition Interlock Restricted License Bill Administrative Sanctions - Law vs. LRB 1216/1 Test Failure (.08 + BAC) Waiting period for driving privileges Driving Restrictions Suspension Period License License - Ignition Interlock Restricted License Waive Hearing Ignition Interlock Restricted License Request and Lose Hearing License Ignition Interlock Restricted License 1st OWI BAC <.15 6 months Anytime 45 days after arrest May receive IIRL voluntarily at anytime NA 1 st OWI BAC >.15 2 nd OWI (within 10 yrs) 2 nd OWI (within 5 years) 6 months Anytime 45 days after arrest 6 months Anytime 6 months Anytime Immediate 15 days after hearing 45 days after arrest Immediate 15 days after hearing 45 days after arrest Immediate 15 days after hearing may only drive to and from work or church or other places indicated on the license and during specific times of the day. You may not use an occupational license for recreational purposes Your total driving time is limited to 12 hours each day and no more than 60 hours for the entire week Must drive IID equipped vehicle 3 rd + OWI (lifetime) 6 months Anytime 45 days after arrest Immediate 15 days after hearing 3 rd + OWI (within 5 years) 6 months Anytime 45 days after arrest Immediate 15 days after hearing Test Refusal Waiting Period For Driving Privileges Driving Restrictions Suspension period Ignition Interlock Restricted License - Waive Hearing Ignition Interlock Restricted License Request and Lose Hearing Ignition Interlock Restricted License 1st OWI 1 year 30 days 45 Days 30 Days Must wait until conviction 2nd OWI within 10 years 2nd OWI within 5 years 3rd OWI 2 years 90 days 90 Days 30 Days Must wait until conviction 2 years 1 Year 1 year 30 Days Must wait until conviction 3 years 120 Days 120 Days 30 Days Must wait until conviction may only drive to and from work or church or other places indicated on the license and during specific times of the day. You may not use an occupational license for recreational purposes Your total driving time is limited to 12 hours each day and no more than 60 hours for the entire week Must drive IID equipped vehicle 3rd OWI within 5 years 3 years 1 Year 1 Year 30 Days Must wait until conviction

10 Ignition Interlock Restricted License (IIRL) Bill Criminal Sanctions - Law vs. LRB 1216/1 Waiting Period for Restricted Driving Privileges Need to Demonstrate Hardship Required? Driving Restrictions 1st OWI BAC below.15 Revocation Period 6 to 9 months IID Required Law and IIRL law No License No waiting 45 Days after arrest Ignition Interlock Restricted License No wait and not mandatory, may get an IIRL voluntarily License Ignition Interlock Restricted License No License Ignition Interlock Restricted License 1 st OWI BAC.15 and above 6 to 9 months 2 nd OWI 12 to 18 months 3 rd + OWI 2 3 years Refusal 1st - 1 year 2nd - 2 years 3rd or more - 3 years 1 year 1 year 1 to 3 years 1st - 1 year 2nd 1 to 2 years 3rd + 1 to 3 years 15 days 45 days 45 days 1st - 30 days 2nd - 90 days 3rd- 120 days 2 in 5-1 year Not eligible, must get IIRL Not eligible, must get IIRL Not eligible, must get IIRL No Wait No Wait No Wait Must be engaged in an occupation, or homemaking, or full-time or part-time study, or a trade, making it essential that he or she operate a motor vehicle. Must set forth in detail the need to operate a motor vehicle. Must identify the occupation or trade. Must identify the employer Must request preferred hours of operation and routes of travel Not eligible, must get IIRL No Wait No No No No may only drive to and from work, driver safety plan or church or other places indicated on the license and during specific times of the day. May not use an occupational license for recreational purposes. Total driving time is limited to 12 hours each day and no more than 60 hours for the entire week Must drive IID equipped vehicle

11 The following groups ask for your support of Representative Heaton and Senator Wanggaard's Ignition Interlock Restricted License (IIRL) Bill Wisconsin Professional Police Association Wisconsin Chief of Police Association Wisconsin Medical Society Wisconsin Sheriffs and Deputy Sheriffs Association Coalition of Ignition Interlock Manufacturers Milwaukee Police Association MADD AAA Wisconsin Foundation for Advancing Alcohol Responsibility (Responsibility.org) For More information, please contact: Amy Winters, Capitol Strategies (608)