Electronic Monitoring in DWI Courts Louisiana Association of Drug Court Professionals In Partnership with the Louisiana Highway Safety Commission (LHSC) and the Supreme Court Drug Court Office (SCDCO) Cory LeBlanc
Technology Continuum Ignition Interlock $3.27 per Day or $100 per Month On Demand Testing, Scheduled Testing Real Time Reporting & Daily Reporting Available The ONLY Device that Prevents Drinking & Driving & Provides Public Safety The ONLY Device that Allows Participant to Obtain Hardship or Restricted License. Mobile Alcohol Monitoring $6.55 per Day or $200 per Month Scheduled, Random, & On Demand Testing with GPS Location Can get similar reporting to CAM, not Constant Monitoring Continuous Alcohol Monitoring $12 per Day or $366 per Month Most Intense Monitoring 24/7 Minute by Minute Monitoring
Suggested Technology Decision Making Framework You can use any of these 3 types of devices in any phase of your DWI Court program. How you determine which should be base on each participant s: 1- clinical assessment (projected potential to continue to drink while in the program) 2- risk to self and the public (are they eligible for licensure, likely to drive w/o a license) 3 - client (or program's if applicable) ability to afford a device.
Ignition Interlock Background Interlock has been around since the 80 s. Research has proven interlocks effective in reducing DWI recidivism 50% 90%. Ignition Interlock programs currently in use in 50 states in the U.S. 313,400 interlocks in use in U.S.; 1.1 M DWI Arrests in U.S. (28%.) 5,440 interlocks in use in LA; 21,680 DWI Arrests in LA (25%.) 10,839 people were killed by a drunk driver in the U.S. last year. 273 people were killed in LA by a drunk driver in LA last year.
Louisiana Ignition Interlock Uses Court Ordered Not Mandatory for 1 st Offense Mandatory for Multiple Offenders Probation Condition Condition of Bail Hardship or Restricted License Optional for 1 st offenders Mandatory for Multiple Offenders Specialty Programs Drug Courts DWI Courts Pretrial Diversion Effective Terms Additional Technology uses and benefits
Ignition Interlock Benefits Public perception of Interlock requirements for Intoxicated Driving Offenses is extremely high Known as the probation officer in the car Camera requirement eliminates most compliance questions Daily, weekly, or monthly report of participant behavior The ONLY tool to prevent the act of drinking and driving
Benefits for Participant Alternative to jail Keeps participant licensed & insured Allows participant to work, support family, pay court fees, attorney Participate in treatment & required classes Remain productive member of community & family Separates drinking from driving
Myths, Questions, Concerns Is the Interlock the Silver Bullet for Drinking and Driving? Can it be defeated? Can someone else blow? Does the Interlock ever fail? False Positives Mouthwashes, Energy Drinks, Honey Buns Can the success or effectiveness be tracked for my program? What about the participant with no vehicle or access to a vehicle?
New Advances In Interlock Camera GPS Real Time Reporting Gives the ability for immediate sanctions Smart Alerts (Exclusive with Smart Start) E911 (Exclusive with Smart Start) Facial Recognition (Exclusive with Smart Start, In the Works)
NCDC Application and Guidelines for DWI Courts Participants must follow the law. When legally allowed, participants should drive in an ignition interlock equipped vehicle. Know when the participant is able to obtain a valid license, with or without an Interlock. (Rely on your Interlock provider) Participants can comply with DWI Court and OMV requirements simultaneously. Studies indicate that 75% of DWI offenders still drive illegally. Give the participant an opportunity to prove they can be responsible licensed and insured citizens. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts DWI Court team members need to understand state drivers license administrative law and procedure. Statutory requirement for anyone arrested for DWI 2 nd and above interlock required as condition of Bail. All repeat offenders are required to install an ignition interlock for Hardship, Restricted, or Reinstated License. Do not just rely on OMV to require and monitor the interlock. DWI Court requirements can be stricter than OMV requirements. Current OMV policy is to only report installations and removals. Current OMV Ignition Interlock device requirements are NHTSA 1992 standards. (Updated in 2014, LA has not implemented.) NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts DWI Court team members need to understand the devices available in their state. 8 Interlock providers in Louisiana. All Interlocks are not created equal. Know which interlock providers can meet your guidelines. Make sure you get the service with the technology. Make sure Interlock is a fuel cell device (Alcohol Specific.) Beware of Mail Order Providers to examine for violations and circumventions. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts Ignition Interlock devices can be used to help monitor a participant s alcohol use. Ignition Interlock was originally designed to prevent a vehicle from starting after a preset BrAC is reached. Many programs now use the Interlock to also monitor alcohol use. Studies show that recidivism can be predicted by violation patterns. Specifically early morning failures. (TIRF Behavioral Patterns Of Interlocked Offenders) Can require the participant to take a predetermined amount of tests per day, regardless if the vehicle is being driven. Can get immediate notification of violations to sanction participants. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts Use Photo Identification Ignition Interlock devices to provide proof positive of who provided the breath sample. Allows DWI Court Team Members to see who is taking a test. Participant, family member, sober bystander. Participants more accepting with a single car family, allows spouse to use vehicle without fear of affecting participant. Facial Recognition will Alert when non participant uses vehicle. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts DWI Court teams need to understand the use of data loggers/early recall. Data Loggers record all events and tests. Data Loggers also record the date and time of each event, voltage and diagnostic status of the vehicle, as well as other key data points to determine violations, circumventions, and proper use. If the violation count determined by the DWI Court is exceeded, the interlock goes into an Early Recall, or Lockout State. Requires Participant to go to a service center to have the device serviced, and information reported to the DWI Court Team Member. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts Incentives and Sanctions are important in a DWI Court Ignition Interlock Program. Revoking probation and/or removal of the ignition interlock devices should not be done lightly. It is important to recall that public safety is enhanced while the devices are on the vehicles. DWI Courts may want to consider extending the length of time a device is on the vehicle for a violation as an appropriate response. Revocation of probation and/or removing of the ignition interlock devices must be weighed against an increased likelihood that drinking and driving may result. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts Indigence and program costs should be reviewed when using ignition interlocks. Participant resources may be strained by the aggregate of fines, court costs, treatment expense, electronic monitoring costs, license reinstatement fees and increased insurance expense. Using ignition interlocks to both monitor the participant s alcohol consumption and to control the participant s vehicle may result in cost saving for the participant and the program. Furthermore, the ability of the participant in the DWI Court Ignition Interlock Program to earn a living may be substantially increased by making it possible for the participant to legally drive to and from employment. CAM Average Daily Cost - $12 or $366 per Month In Home and Mobile Average Daily Cost - $6.55 or $200 per Month Ignition Interlock Average Daily Cost - $3.27 or $100 per month NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts Repeat DWI offenders are a dangerous target population keeping the community informed of this program is crucial. Offenders A recent study in New Mexico showed when asked, 87% of offenders felt interlocks reduced drinking and driving. 85% thought having the interlock on their car was a fair sanction. Public Perception 91% agreed requiring an interlock on repeat drunk drivers or High BAC offenders was a method to reduce drunk driving. 81% said all drunk drivers who are caught should install an interlock. MADD s Campaign to Eliminate Drunk Driving 3 point plan includes Ignition Interlock in 2 of its 3 points. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
NCDC Application and Guidelines for DWI Courts DWI Courts must provide clear written policy/procedures for the ignition interlock program. Outline all requirements including being licensed and insured. Define violations and possible sanctions, or possible incentives. NCDC Ignition Interlock Device Guidelines for DWI Courts http://www.dwicourts.org/
Research and Thank You dwicourts.org brgov.com PIRE.org rothinterlock.org NHTSA.gov MADD.org tirf.ca aiipa.org
Monitoring Technologies Saving Lives
Questions? Cory LeBlanc President / Co-Owner Smart Start of Louisiana 1-866-447-8686 CLeBlanc@SmartStartLA.com