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
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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