Beirness, D.J., Robertson, R.D.
Traffic Injury Research Foundation of Canada
Abstract
Since their introduction nearly two decades ago, considerable knowledge and experience have
been accumulated on alcohol interlock programs. Researchers, interlock service providers, and
program administrators attended two workshops - the first to help identify a series of best
practices for interlock program development; the second to discuss the use of interlocks as part
of a licence reinstatement program for DWI offenders.
Introduction
Alcohol interlock devices have become increasingly popular as a means to prevent persons
convicted of a DWI offence from repeating the behaviour. These devices are a form of
incapacitation and serve as a bridge between full suspension and full licence reinstatement.
Interlocks allow offenders to operate a vehicle legitimately within the driver licensing system
while at the same time provide the public with the assurance that offenders will only be able to
drive when their BAC is below a specified (low) value.
Five Canadian jurisdictions and 42 American states have legislation that allows the installation
of interlock devices in the vehicles of DWI offenders. However, not all jurisdictions with
legislation are currently operating interlock programs. It is estimated that there are more than
40,000 interlock devices currently in use throughout North America. This is in contrast with an
estimated 1.5 million DWI offenders in North America each year. Participation rates in most
interlock programs are relatively low - typically less than 10% of offenders participate in an
interlock program.
There remains significant potential for the growth of interlock programs. More - and better -
interlock programs will undoubtedly serve to increase the number of offenders who participate in
these programs. The control of DWI offenders through interlock programs will ultimately
improve safety for all drivers.
In this context, interlock programs have received implicit endorsement in federal legislation in
both Canada and the United States. In July 1999, the Criminal Code of Canada was amended to
allow provinces to reduce the mandatory period of driving prohibition for a first DWI offence
from one year to three months provided the offender participates in an alcohol interlock program
for the remainder of the one-year period. The legislation was amended in December 2001 to
allow repeat DWI offenders the opportunity to reduce the mandatory driving prohibition if they
participate in an interlock program. This legislation provided the impetus for provinces to renew
their interest in the development and/or expansion of such programs.
In the United States, the Transportation Equity Act for the 21st Century (TEA-21) contains a
financial incentive for states to strengthen their programs to control repeat DWI offenders.
Failure to comply will result in a portion of the state's highway construction funds being diverted
to traffic safety programs. One of the alternatives that will assist states in their efforts to comply
with this legislation involves establishing an alcohol interlock program. Not surprisingly, this
has sparked renewed interest in the development of interlock programs throughout the United
States.
Since these laws were passed, the demand for information about interlock programs has
escalated dramatically. Although considerable information exists about interlock programs, it
tends to be scattered throughout scientific journals, technical reports and other documents.
Those searching for the best available information on the operation and effectiveness of interlock
programs must wade through an ever-expanding volume of literature containing the collective
knowledge on the subject. In this context, there is a need for a collected source of information
that provides legislators, policy makers and program administrators with the best possible advice
for the development of interlock programs. The need for a discussion of best advice for interlock
programs was the impetus for an international workshop.
In light of the demonstrated effectiveness of interlock programs, there is a desire to expand
programs to include more DWI offenders. To date, many interlock programs have operated on a
voluntary basis - i.e., DWI offenders can voluntarily participate in the interlock program, usually
in exchange for a reduction in the length of licence suspension. In other programs, judges order
DWI offenders to participate in an interlock program as a condition of probation. Recently, there
has been interest in using interlocks as part of a licence reinstatement program - essentially
requiring participation in an interlock program as a condition of licence reinstatement. This
approach would help ensure that as many DWI offenders as possible participate in an interlock
program. In the absence of a formal evaluation of the impact of voluntary versus mandatory
interlock programs, it was deemed essential to discuss the issues surrounding the use of
interlocks as part of a system of licence reinstatement. This formed the basis for a second
international workshop on interlock programs.
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Method
Two one-day workshops were held - the first in Montreal in September, 2000; the other in
Toronto in November, 2001. In attendance was an international group of researchers, interlock
manufacturers, policy makers, and program specialists. The purposes of the first workshop were
to discuss the current state of knowledge on the effectiveness of interlock programs and to work
towards a set of "best practices" for interlock programs. The purpose of the second workshop
was to discuss issues surrounding the role of interlocks as part of a licence reinstatement
program.
Results
At the first workshop, a number of issues concerning the efficient and effective use of interlocks
were discussed. Of particular interest were the factors that appear to facilitate the success of
interlock programs as well as factors that might mitigate effectiveness or were in need of further
study. The major issues included: circumvention, participation rates, program authority,
program duration, eligibility, traffic safety benefits, and program cost. As a result of these
discussions, a list of ten "best practices" for interlock programs was produced. These are
summarized below and described in more detail in the report on the workshop (1).
- Perspective. It is deemed essential that interlock programs be viewed as more than a
breath test device installed in a vehicle. Rather, it is best described as a program that
consists of a set of coordinated activities -- including monitoring, communication, and
rehabilitation -- designed to prevent impaired driving among participants. It is also
important to view interlock programs not as an additional punishment but as a form of
incapacitation that allows offenders to drive legally while at the same time preventing
them from driving impaired.
- Legislation. The interlock program needs to be supported by strong, clear legislation that
specifies the administrative authority for the program, the eligibility criteria, the
conditions of participation, and supplementary provisions that prohibit the participant and
others from attempting to circumvent the interlock.
- Equipment. The interlock device used in the program should be alcohol-specific, must
meet or exceed a set of approved performance specifications, and must be certified by a
reputable private or government laboratory.
- Service provider. In recognition of the special role played by the interlock service
provider as the liaison between the participant and the administrative authority for the
program, it is recommended that the firm selected as the service provider must
demonstrate an understanding of the clientele and be prepared to provide a level of
service commensurate with the needs of this population.
- Eligibility. Every effort should be made to have as many DWI offenders as possible
participate in the interlock program. Exclusions should be minimal and reserved for
those rare cases in which the operation of a motor vehicle is not recommended under any
circumstances.
- Participation. Interlock programs should combine the best features of voluntary and
mandatory programs. This system would ensure that all DWI offenders participate in the
program but would allow offenders the option of early entry into the program either
immediately upon conviction or in exchange for a reduction in the length of suspension.
- Program authority. Administrative authority for the interlock program should reside
with the agency responsible for driver licensing and control. This does not preclude a
judge from ordering participation in an interlock program for DWI offenders deemed to
be at high risk and in need of a high level of supervision.
- Monitoring. Interlock program participants should be monitored regularly - e.g.,
monthly - and should include a review of data from the interlock data recorder.
- Program duration. Rather than requiring participation in an interlock program for a fixed
period of time, the duration of program participation should be dependent upon the
individual's success in the program. Consideration should also be given to a system of
being removed from the program progressively, for example by restricting the times and
days of the week during which the interlock is operational.
- Program integration. Every effort should be made to integrate the interlock program with
other DWI countermeasure programs and sanctions, particularly rehabilitation.
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A second workshop was held to examine a number of issues that were raised during the first
workshop but for which time did not allow a thorough discussion. These included: low
participation rates, post-interlock recidivism, program duration, enhancing participation, failure
to reinstate, and predictors of success/failure. In the interests of exploring the frontiers of
interlock programs, it was decided that a discussion of these issues would be most beneficial
within the context of using interlocks as part of a licence reinstatement program. The main
points of discussion are summarized below.
- Low participation rates. Participation in voluntary programs is typically very low -
about 10% of DWI offenders elect to participate. The incentive for participation is often
a reduction in the length of licence suspension. The fact that so few offenders participate
in the program suggests that the benefits of participation (e.g., ability to drive legally) do
not compensate for the disincentives (e.g., cost, inconvenience).
- Failure to reinstate. For many years, licensing authorities used suspension as last resort
in driver improvement programs. This approach was based on the assumption that
drivers valued their driver's licence would actively seek to have it reinstated. Recent
evidence indicates that many DWI offenders never become reinstated. The longer the
suspension the lower the likelihood the offender will seek reinstatement. Many of these
individuals continue to drive under suspension. More needs to be done to understand the
reasons for failure to reinstate. Having DWI offenders enter an interlock program as
soon as possible after conviction would help ensure offenders drove legally and only
when sober. It would also keep them under the supervision and control of licensing
authorities.
- Enhancing participation rates. Most interlock programs operate on a voluntary basis.
Those who choose to participate are often highly motivated to have their driving
privileges reinstated. Offenders who are ordered to participate in the interlock program
often do so reluctantly. Nevertheless, even compulsory participation results in lower
recidivism during the interlock period. Serious consideration needs to be given to the
further use of mandatory programs - e.g., participation as a condition of licence
reinstatement - as a means to enhance participation in interlock programs.
- Eligibility. In light of the demonstrated success of interlock programs to prevent repeat
DWI offences while offenders are participating in the program, it would be beneficial to
have as many DWI offenders as possible participate. Offenders deemed most at risk for
recidivism should not be systematically excluded from participation. Every effort should
be made to ensure that they participate in the program.
- Judicial versus administrative authority. Interlock programs operated under the authority
of the driver licensing administration use relicensing as the incentive for participation.
Failure to participate as required results in continued suspension. Programs operated
under judicial authority have the power to impose further sanctions for failure to
participate. This approach, however, depends on a motivated judiciary and a strong
probation system. Each approach has strengths and limitations. It may be possible to
develop a program that includes the best features of both administrative and judicial
systems.
- Post-interlock recidivism. Evaluations of interlock programs have repeatedly found that
DWI recidivism increases once participants complete the program. A variety of
strategies were discussed to deal with this issue - e.g., incorporating rehabilitation into
interlock programs, extending the duration of interlock programs, intensive supervision
of participants, altering the criteria for program completion.
- Program duration. Current interlock programs are usually of fixed duration. At the end
of the designated period, participants can leave the program and become fully reinstated
drivers. The risk of recidivism increases following the completion of the interlock
program. Some have suggested that extending the duration of the interlock program
would be beneficial; others argue that this might simply delay the increase in recidivism.
- Predicting interlock success. An alternative to simply extending the duration of the
interlock program is to use the data collected by the interlock device to determine the
subsequent risk of recidivism for each participant. It may be advantageous and desirable
to use these data to determine the length of the interlock program on an individual basis -
shorter for low risk participants and longer for those deemed to be at higher risk.
Participants identified as being at high risk of recidivism could be maintained on the
interlock program until such time as they demonstrate their control over their alcohol
problem and/or their ability to make good decisions regarding driving after drinking.
This approach essentially requires participants to demonstrate they no longer need the
interlock in order to complete their participation in the program.
- Length of hard suspension. Many jurisdictions require DWI offenders to serve at least a
minimum period of hard suspension before being eligible for the interlock program. The
length of this suspension period needs to be examined in light of the prevalence of failure
to reinstate and the likelihood of recidivism during the period of suspension. Early
interlock participation is probably better than later.
Using interlock programs as part of licence reinstatement programs may enhance the beneficial
effects of interlock programs by increasing participation rates. There are, however, numerous
issues that remain to be resolved through experience, monitoring, discussion and evaluation.
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Discussion
Following years of research, development, and field experience, alcohol interlock programs have
come of age. State of the art technology has been employed to create a system that is able to
reliably identify individuals who have consumed too much alcohol and prevent them from
operating the vehicle in which it is installed. A variety of systems have been incorporated into
the device to prevent virtually all attempts at circumventing the interlock device. Experience
with interlocks over the past decade or so indicates that they perform exceptionally well and do
the job for which they were intended - i.e., to prevent those with elevated BACs from operating
the vehicle in which it is installed.
As interlock programs proliferate and ever-increasing numbers of DWI offenders participate,
there are many issues that will have to be dealt with. The purpose of the two workshops was to
bring together a group of people familiar with interlock programs to identify some of the major
issues facing interlock programs and to discuss potential solutions. Most of these issues do not
involve the interlock device itself but, rather, involve the administrative aspects of interlock
programs - e.g., when to install, duration of program participation, incentives to participate,
failure to reinstate. The resolution of these issues will take time and effort. Nevertheless, it is
important that we continue to monitor interlock programs, assess progress, and evaluate their
impact.
References
1. Beirness, D.J. 2001 Best Practices for Alcohol Interlock Programs. Ottawa: Traffic Injury
Research Foundation.
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