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Title of Thesis:
This thesis evaluates the ignition interlock program in Maryland, focusing on both
technological and administrative aspects. Initial research revealed problems in
program compliance and a need for enhanced administration. We drew comparisons
between successful interlock programs and made recommendations for improvements
in the areas of communication, training, penalty and incentive system, technology
integration, treatment, and legislation. Information technology enhancements were
recognized as an additional way to monitor program participants more effectively. We
also saw a need to develop a more convenient interlock device to increase public
acceptance. Lab experiments to test technological alternatives to the interlock
assessed the feasibility of using a passive sensor in tandem with a breathalyzer in
interlock devices. However, we determined that in its current state, passive sensor
technology was infeasible for such use.
By
Katherine Butt, Rachel Clark, William Collins, Andrew Czisny, Daniel Ramsbrock,
Michael Sandler, Grace Snodgrass, Dan Tasch, Samantha Tenenbaum, Katherine
Walsh, James White, and Pearce Wroe
Acknowledgements
Any research project depends on the guidance of dedicated mentors. We are
especially grateful to Major Jay Gruber who enthusiastically led our thesis progress,
Dr. Greg Jackson for his valuable expertise in the lab, Dr. Dimitrios Hristu-Varsakelis
for helping to focus our research at the outset, and Team Librarian Robert Kackley for
his direction.
We must also acknowledge the many experts in the field who were so
generous with their time and insight. Ms. Jane Valenzia at the Motor Vehicle
Administration provided a solid understanding of Marylands interlock program and
was continually supportive of our efforts. We would also like to thank Dr. Robert
Voas, Dr. Kenneth Beck, Dr. R. Thomas Gentry, Dr. Michael Hilton, Ms. Lynda Kerr,
Dr. Robyn Robertson, and Mr. Jarel Kelsey for their significant contributions to our
project.
Finally, we would like to thank our families for their constant love and support
throughout this and all endeavors.
Table of Contents
Acknowledgements........................................................................................................3
Table of Contents...........................................................................................................4
List of Figures................................................................................................................8
Introduction....................................................................................................................9
Origin and Development of Thesis Project..................................................................11
Team Formation...................................................................................................11
Focusing Our Research........................................................................................12
Developing Research Questions..........................................................................14
An International Survey of Interlock Programs and Recommendations for
Improvements in Maryland..........................................................................................16
The History of Ignition Interlock Devices...............................................................17
Background on the Ignition Interlock Program in Maryland..................................21
Marylands Impaired Driving System.................................................................21
The Interlock Component of Marylands Impaired Driving System...................25
The Effects of TEA-21....................................................................................26
Interlock Administration..................................................................................28
Methodology............................................................................................................33
Survey Methodology...........................................................................................33
Question Development....................................................................................33
Survey Distribution..........................................................................................35
Information Technology Program Development.................................................37
Literature Review....................................................................................................39
International Ignition Interlock Symposiums......................................................39
2003 Ignition Interlock Symposium....................................................................39
Acceptance.......................................................................................................39
Compliance......................................................................................................41
Participation.....................................................................................................43
2004 Ignition Interlock Symposium....................................................................44
Treatment.........................................................................................................44
Legislative Issues and Current Developments.................................................47
Restricted Licenses and Interlocks..................................................................49
Leaders in Interlock Program Development....................................................50
2005 Ignition Interlock Symposium....................................................................52
Participation.....................................................................................................52
Acceptance.......................................................................................................54
Recidivism.......................................................................................................54
DWI and Interlock System Effectiveness Nationwide............................................56
Enforcement in the DWI System.........................................................................57
Prosecution in the DWI System...........................................................................60
Adjudication and Sanctioning in the DWI System..............................................66
Monitoring in the DWI System...........................................................................70
Effectiveness of Individual State Interlock Programs.............................................74
DWI and Interlock System Trends in Maryland..................................................74
4
Ideal System...................................................................................................135
Penalty and Incentive System............................................................................135
Current State..................................................................................................135
Short Term Goals...........................................................................................136
Long Term Goals...........................................................................................137
Ideal Program.................................................................................................139
Treatment...........................................................................................................139
Current State..................................................................................................139
Short Term Goals...........................................................................................140
Long Term Goals...........................................................................................141
Ideal Program.................................................................................................142
Legislation.........................................................................................................143
Current State..................................................................................................143
Short Term Goals...........................................................................................144
Long Term Goals...........................................................................................146
Ideal Program.................................................................................................146
Logistical Considerations for Interlock Program Recommendations................147
Limitations of Study..........................................................................................148
Limitations of Information Technology Development......................................149
Outcomes from Research...................................................................................151
The Feasibility of Passive Alcohol Detection in Motor Vehicles.............................153
Introduction............................................................................................................154
Literature Review..................................................................................................155
Electroencephalography....................................................................................155
Transdermal.......................................................................................................159
Vestibular...........................................................................................................160
Motor Skills.......................................................................................................161
Fuel Cells...........................................................................................................165
Effectiveness of Passive Sensors.......................................................................168
Progressive Experimentation: Setup, Procedures, and Findings...........................173
PHASE 1: Sensor Sensitivity.............................................................................176
Phase 1(a): In-lab Trials.................................................................................176
Phase 1(b): In-vehicle Trials..........................................................................178
PHASE 2: Circuit Amplification.......................................................................182
Phase 2(a): In-lab Trials.................................................................................182
Phase 2(b): In-vehicle Trials..........................................................................184
PHASE 3: Air Pump..........................................................................................188
Phase 3(a): In-lab Trials.................................................................................188
Phase 3(b): Absolute Control Trials...............................................................189
Phase 3(c): In-vehicle Trials..........................................................................191
Control Trials.................................................................................................193
Experimental Trials........................................................................................193
Analysis and Conclusions......................................................................................198
Limitations of the Study........................................................................................202
Recommendations..................................................................................................204
Passive Alcohol Sensors....................................................................................204
List of Figures
Figure 1: Maryland Criminal Penalties........................................................................22
Figure 2: Maryland Administrative Drivers License Sanctions.................................23
Figure 3: Process through which Drink-Driving Offender Enters Interlock System. .30
Figure 4: Progress through the Interlock Period..........................................................31
Figure 5: License Reinstatement Process....................................................................31
Figure 6: PAS Systems International Fuel Cell Passive Sensor................................176
Figure 7: Guth Laboratories Breath Simulator..........................................................177
Figure 8: Phase 1(a) experimental setup....................................................................178
Figure 9: Sensor Stand with Sensor and Multi-meter................................................180
Figure 10: Breath Simulator Holder in with Multi-meter and Up Close with Breath
Simulator............................................................................................................181
Figure 11: Amplification Circuit................................................................................183
Figure 12: Reconstructed Sensor Stand with Power Converter and Amplifying
Circuitry.............................................................................................................183
Figure 13: Phase 2(b) in Car Setup with Amplifying Circuitry.................................185
Figure 14: Diagram of the Air Pump Mechanism Used in Phases 3(a), (b), and (c). 189
Figure 15: Air Pump Mechanism...............................................................................192
Figure 16: Phase 3(c) Setup......................................................................................192
Figure 17: In-vehicle control trials within the cabin of vehicles...............................195
Figure 18: Using 0.04 alcohol concentrated air samples..........................................196
Figure 19: Using 0.08 alcohol concentrated air samples..........................................197
Introduction
According to the National Highway Traffic and Safety Administration
(NHTSA), more than two million alcohol-related vehicle crashes occurred in the
United States in the year 2000 resulting in over 16,000 fatalities. In Maryland alone,
over 200 died in 37,000 alcohol-related crashes in 2002. In 2004, NHTSA reported
over 280 traffic accident fatalities in Maryland were related to alcohol consumption.
What these statistics indicate is that the problem of drink-driving continues to
endanger society. Should the trend go unchecked, these shocking crash rates could
increase further in the future.
Currently one effective ways to address this problem is through the use of the
ignition interlock, a device which prevents intoxicated drivers from starting their
vehicles (Beirness & Simpson, 2003). Ignition interlocks function by determining the
breath alcohol concentration in a sample of exhaled air obtained from the driver in a
breathalyzer test to verify sobriety. If the driver registers below a predetermined
blood alcohol limit, the car will start normally; if the driver is above the limit the
ignition will be locked and the car will not start. The device also requires the driver
to provide new breath samples intermittently while the car is running to ensure others
cannot simply start the car for an intoxicated driver.
While interlock programs have proven to be one of the more effective ways to
reduce alcohol-related vehicle collisions, many problems persist with both the
interlock technology and administrative programs. Current interlocks are
embarrassing, intrusive, and often distracting for the driver. At a cost of
approximately 75 dollars per month, the devices are fairly expensive to install and
maintain. Furthermore, the required calibration every one to two months and a warmup period of three minutes in cold weather render the device extremely inconvenient
for users.
Administration of state interlock programs has also proven problematic.
Caseload, paperwork, noncompliance, and sentencing monitoring, have all presented
difficulties for administrators. The results of each breath test are recorded and stored
in the devices log and must be monitored by ignition interlock program staff to
identify users who consistently attempt to drive while intoxicated. The tedious
process requires a sizeable portion of the staffs time and stretches personnel capacity
to its limits.
The devices capability for reducing alcohol-related crashes among users has
been documented, but the interlock is still plagued by numerous technological and
administrative barriers to its full success. Officials must aim to improve the
effectiveness of ignition interlock administration, streamline the work done by
administrators, and confront the relatively inconvenient and undesirable nature of the
interlock if they hope to improve the interlock system. Addressing these problems
will facilitate improved utilization of interlock technology and advance the
widespread adoption of ignition interlock technology as an approach for reducing the
incidence of drink-driving.
10
11
12
interviews done by phone, two team members traveled to the MVA headquarters in
Glen Burnie, Maryland, on October 25, 2004, to conduct personal interviews with
Valenzia and her colleagues. These interviews provided the team with a solid picture
of Marylands interlock program and what aspects might merit improvements.
Shortly after the symposium, on December 11, 2003, Voas delivered a
presentation to the team entitled, Opportunities to Improve Interlocks, that
described the decades-long battle against drink-driving. The presentation focused on
the advantages and drawbacks of traditional drink-driving penalties, such as
incarceration and license suspension, as well as more modern technological measures
including global positioning systems, blood alcohol concentration monitoring,
biomarkers, and ignition interlock programs. Voas reviewed eight studies that
analyzed offender recidivism during and after their interlock installation period. He
also discussed the genesis of TEA-21, the restrictions it places on state interlock
programs, and the ways in which interlocks might be made more appealing to
offenders, parents of young drivers, commercial drivers, and the public in general.
On April 9, 2004, several team members traveled to Voas PIRE offices to
meet with him and his colleagues and deliver their own presentation outlining our
project topic and thesis proposal. The visit to PIRE provided the team with an open
forum for expert critique on the nature and structure of our thesis goals, which we
were able to take into consideration as we continued to shape our research questions.
Based on information gained through the symposium and our meetings with
Voas, the team decided to shift our research goals and focus on improving existing
technology and programs. Following the symposium we recognized the majority of
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14
own program
How can interlocks be made more convenient through the introduction of new
technology?
How can information technology improve the interlock program in Maryland?
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16
17
technology was evident; 25 firms provided prototypes, and while no units were
satisfactory at the time, some devices were though to have serious potential for
implementation (Voas, 1988).
Over the next decade, NHTSA began to develop a more feasible product.
Early assumptions regarding measurements and overall purpose enervated the system.
Since the invention of the breathalyzer in 1954, there had been little development for
user operation (Fulkerson, 2003). Breath test technology proved to be easily fooled by
users, so performance-measuring devices seemed more practical. Reservations about
worsening emergency situations led to a version of the device which did not prevent
the vehicle from starting, but instead signaled other motorists by activating the horn
and lights. The Alcohol Safety Interlock System was then renamed the Drunk Driver
Warning System.
Most officials realized then the public would never accept such a system as a
new vehicle standard. An earlier attempt by the Department of Transportation to
install seatbelt interlocks caused enormous backlash from the public. Problems with
false positives, or even legitimate failures of the test would embarrass most users, so
potential users were narrowed to those who would be forced to install such a device.
Drink driving offenders quickly became the most logical group for participation
(Voas, 1988).
Performance-measuring devices posed another problem for NHTSA
engineers. Among the tasks compared for effectiveness in measuring driver
intoxication levels were: The Critical Tracking Task, the Reaction Analyzer, and the
Divided Attention Test. The Critical Tracking Task included a meter with a pointer
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that moved away from the center of the display. The task was to attempt to keep the
needle at the center for some amount of time. In NHTSAs Reaction Analyzer, drivers
saw two lights; one would vary in brightness while the user tried to control the second
light to imitate the intensity of the first. During the Divided Attention Test, the
participant would have to react to numbers displayed during the test by pushing
pedals with their feet or buttons on the steering wheel. In all performance-measuring
tests, NHTSA found limited sensitivity to blood alcohol concentrations (Voas, 1988).
General Motors and researchers at the University of Michigan attempted
similar performance tests during the 1970s. One task required users to remember a
five-digit random number and re-enter that number without errors in a specific
amount of time. Another test involved a physical tracking task, and in both tasks,
participants were given time to establish comfortable use of the instruments. Sturgis
and Mortimer concluded that the General Motors tasks were not sufficiently sensitive
to alcohol.
As NHTSA worked with performance tests, breath-alcohol measurements
became more reliable with the introduction of semiconductor sensors. This new
technology was re-evaluated by NHTSA in 1986 when several breath-test ignition
interlocks were presented at an industry workshop. Each device had its own solutions
for common concerns such as fake breath samples and tampering. Success at the
workshop resulted in further testing in California (Voas, 1988). The breathalyzer
technology was determined to be effective and the first ignition interlock law to
incorporate the technology, the California Farr-Davis Driver Safety Act, was enacted
in 1986. Throughout the 1990s, pilot programs expanded into different states and
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20
21
Drivers
License
Suspension
B: 60 days suspension
A: 6-month revocation
Probation
Yes
Before
Judgment
Community None
Service
22
Third Offense
B: $500.00
A: $2,000
B: 1 year (5
days mandatory if
within 5 years, or
community
service)
A: 2 years
B: 120 days
suspension
A: 1 year
revocation
No
B: $500.00
A: $2,000
B: 1 year
A: 3 years (10
days mandatory if
within 5 years, or
community
service)
B: 120 days
suspension
A: 1 year
revocation
No
30 days in lieu of
jail
60 days in lieu of
jail
In the administrative system, offenders are not granted the same leniency they
might find with the probation before judgment sentence. Offenses are not erased from
an individuals record, and administrative officials may suspend the license of any
A offender regardless of prior offenses. A offenders have the right to appear
before an Administrative Law Judge to appeal the suspension or modify the terms to
accommodate travel for school, employment, or medical treatment.
Ignition interlocks are most frequently used in the administrative system as a
penalty for repeat DUI offenders; those who have been convicted of two or more
serious alcohol offenses within a five year period. A repeat offender can elect to
install an ignition interlock in his car after serving a mandatory one-year hard license
suspension. If the offender does not choose to install an interlock device, he will have
to serve additional license suspension time as determined by the courts. The ignition
interlock system is discussed in detail in the following sections.
The chart in Figure 2 describes Marylands Administrative Drivers License
Sanctions. These sanctions may be enforced in addition to any criminal penalties.
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test results facilitate conviction and give judges the option of mandating alcohol
dependency screening and treatment as part of an offenders sentence. Therefore, it is
important to reduce the occurrence of BAC test refusals in Maryland.
First-time offenders who refuse to provide a breath sample are automatically
subject to a 120-day license suspension, as opposed to the maximum 45 days they are
likely to receive as part of the probation before judgment sentence. However, many
first-time offenders refuse to take the test mainly due to a lack of understanding of the
associated consequences. Yet test refusal is more advantageous for repeat offenders.
Repeat offenders are more familiar with the system and receive harsher criminal
penalties for test refusal. Therefore, second-time offenders who refuse the test often
plead to a B offense and are charged as first time offenders. On the other hand,
second-time offenders who do complete the test and are categorized at the A level
face more severe sanctioning. As a result, many repeat offenders refuse the test aware
of the relative ease of ignoring license suspension.
To combat this problem, better information on the BAC testing process is
needed so first-time offenders are aware of the benefits of taking the test. This
information could be disseminated in driver education courses or printed on licenses.
In addition, law enforcement officials should be better trained to encourage breath
tests, and penalties should be strengthened for repeat offenders who refuse a test.
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monitoring, and maintaining the system; the administration may establish a payment
schedule when necessary.
As defined in the statute, an offender is prohibited from operating a motor
vehicle without an ignition interlock device installed or soliciting or having another
person start a motor vehicle equipped with an ignition interlock device. Offenders are
also prohibited from tampering with or attempting to circumvent the operation of an
ignition interlock system. Also, a person is prohibited from knowingly furnishing a
motor vehicle not equipped with an ignition interlock to an offender who is prohibited
from operating a motor vehicle without an ignition interlock installed.
In accordance with the new law, the Maryland Department of Transportations
Motor Vehicle Administration established regulations for the certification,
installation, repair, and removal of an ignition interlock device, as well as guidelines
for participant eligibility and minimum standards for service providers. Correlation,
reliability, accuracy, security, environmental, and operational standards critical to the
success of the program were created. In addition, guidelines for product liability,
inspections, device removal, and revocation of approval of devices were set.
During the 1990s, Marylands interlock program gradually evolved. Because
most states were behind Maryland in enacting interlock legislation, only small steps
were made by the federal government to evolve the state of the interlock system. In
1998, the federal government created the Transportation Equity Act for the 21st
Century; this significantly advanced the state of the ignition interlock system not only
in Maryland, but throughout the United States.
The Effects of TEA-21
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The Transportation Equity Act for the 21st Century (TEA-21) was enacted on
June 9, 1998 in support of a variety of federal initiatives such as improving public
safety, protecting the environment, and creating employment opportunity. One section
of TEA-21 focused on safeguarding the nations highways and authorized the federal
surface transportation programs for highways, highway safety, and transit between
1998 and 2003. The bill would prove to be one of the most influential pieces of
legislation behind the ignition interlock system.
TEA-21s road safety focus was not incidental. More than 40,000 Americans
die and three million are injured in highway crashes each year. As part of the
nationwide fight against drunk driving, the bill allocated $500 million in federal
transportation funds for states who abandoned their 0.10 legal BAC limit in favor of
the lower 0.08 standard. By 2004, 47 states including Maryland enacted legislation to
enforce a legal BAC level of 0.08. TEA-21 created an additional $219 million in
grant money for states to enact escalated licensing for individuals convicted of
driving under the influence. Escalated licensing ensures that hard core drinkingdrivers receive the harshest penalties and are thus prevented for longer periods of
time from drink-driving and endangering lives. Programs created under TEA-21 are
administered by NHTSA.
In July 1998, the original bill was amended through the TEA-21 Restoration
Act which included a stringent provision to ensure the widespread adoption of Repeat
Intoxicated Driver laws. Repeat Intoxicated Driver laws targeted individuals who had
been convicted two or more times for driving while intoxicated (DWI) or driving
under the influence (DUI). The laws mandated a series of penalties for these
27
offenders; license suspension for at least one year, vehicle impoundment or interlock
installation on each of the offenders vehicles, an alcohol abuse assessment and
medical treatment, and tiered community service and imprisonment penalties for
second or subsequent offenses. States that did not create these laws by October 1,
2000 would lose one and a half percent of their highway funds to an apportionment
for drink-driving countermeasures and enforcement (Minimum Penalties, 1998).
The funds lost would increase to three percent after October 1, 2002, providing states
with a strong incentive for implementing the new measures to combat drink-driving.
Interlock Administration
Maryland restructured its own interlock program in early 1998 to integrate the
various administrative agencies into one oversight body. In 2002, then-Governor Paris
Glendening signed a law to mandate interlock installation for all individuals
convicted of drink-driving twice within a five-year period (OBrien, 2002). The law
also required a hard license suspension of one year before the ignition interlock could
be installed.
Currently in Maryland, legislative efforts are being made to eliminate the
mandatory one-year hard suspension an offender is subject to before he is allowed to
have an interlock installed in his vehicle. Study findings indicate that the
effectiveness of license suspension and revocation may be limited with multiple
alcohol offenders, many of whom continue to drive with a suspended or revoked
license (Beck et al., 1999). The goal is to reduce the mandatory suspension so that
drivers can have ignition interlocks installed in their cars more quickly. The longer it
takes to install an ignition interlock in an offenders car, the more likely that offender
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The MVA works with four different service providers: Draeger Interlock,
National Interlock Services MD Ltd., Guardian Interlock, and Smart Start. A service
provider supplies each offender with an interlock device that contains an alcoholspecific fuel cell. The service provider trains the offender getting the device installed
in his car and teaches him how to operate the device. The offender is responsible for
returning to the service provider for monthly check-ups during which time all of the
information stored on the device (number of re-tests, recorded BAC levels, etc.) is
downloaded into a computer system. This information is then sent to the MVA so
30
administrators can determine how closely each offender is abiding by the rules of the
program. For example, according to Jane Valenzia, data collected by Draeger
Interlock in December 2005 indicated 2,185 high BAC recordings (over .025) out of
64,836 tests for 809 clients. Offenders who violate the rules may be subject to
increased penalties as determined by the MVA on a case by case basis. Figures 4 and
5 illustrate the offenders progression through the interlock period and license
reinstatement process.
Figure 4: Progress through the Interlock Period
Figure 5: License Reinstatement Process
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Methodology
To answer the aforementioned research questions, the team collected
information from both primary and secondary sources. Primary research was
conducted by surveying interlock program participants in the state of Maryland and
interviewing experts in the ignition interlock field. Secondary research on
International Ignition Interlock Symposium presentations and findings, Traffic
Industry Research Foundation projects, and other reports containing state- or countryspecific data enabled the team to more fully address the research questions. The
second research question regarding the use of information technology was primarily
addressed by working closely with the MVA to help develop a new client data
management system, the Interlock Case Manager.
Survey Methodology
Question Development
Conducting original survey research proved to be one of our most challenging
obstacles. The surveys were designed to elicit Maryland interlock participants
opinions of the system so as to provide a concrete analysis of the areas of the program
most needing improvement. We selected a survey methodology because it would
allow us to draw a quantified description from a specific population (Sapsford, 1999).
In order to achieve statistically significant results, we calculated a sample size of
around 361, based on an estimated 6,000 Maryland interlock participants.
In order to move forward with our surveys in accordance with university
policy, the team completed an Institutional Review Board (IRB) proposal through the
University of Maryland in the spring of 2004. The University of Maryland requires all
33
campus research groups to obtain IRB approval to protect subjects. Our specific IRB
would ensure that the rights and welfare of MVA administrators, interlock vendors,
program participants, and field experts was protected during team interviews and
surveys. To secure approval the team submitted our project abstract, methods of
subject selection, interviewing and surveying procedures, a list of subject risks and
benefits, and copies of the consent forms for interview and survey subjects
(Appendix 1, Appendix 2). We also noted potential conflicts of interest and included
a complete copy of interview and survey questions. After receiving initial IRB
approval, the team filed an addendum to cover alterations to survey questions made in
response to vendor concerns over potential biases. A second addendum was filed later
to allow for an electronic consent form that could be used for anyone who chose to
complete an online version of the survey.
The team chose to distribute the surveys at vendor locations throughout the
state, knowing that each participant must visit one of these locations each month for
device servicing and data download. Valenzia assisted the team in our distribution
efforts by contacting vendors to request their cooperation in our research. Ultimately
all four certified vendor companies in Maryland agreed to distribute the surveys at
their most populous locations.
We spent several weeks in the spring of 2004 devising appropriate questions
for the survey. Team members first developed a list of questions on their own before
combining them with the rest of the team into a master list of 14 questions, 11 on a
Likert scale of one to five and three open-ended, which focused on how participants
viewed the interlock program and the device itself (Appendix 3). The team amended
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35
explained the teams goals. Draeger Interlock agreed to distribute the survey at two of
their locations, Guardian Interlock agreed to distribute at three, and Smart Start
agreed to distribute at four locations. Approximately 50 surveys per distribution
location were delivered to the companies central locations in Rockville, Towson, and
Frederick. The team arranged for vendor technicians at each location to either place
the surveys and deposit boxes in a visible space or directly hand the surveys to
participants as they entered and direct them to place it in the box when completed.
Originally the team intended to leave the surveys at each location for
approximately two months. As each interlock participant is required to visit a vendor
location every 30 days, the team assumed this period of time would allow all of the
vendors customers an ample opportunity to visit and complete the survey. However
when the team inquired about retrieving the surveys after the two-month period,
location managers informed us that few surveys had been completed. In response, the
team chose to leave the surveys at each location indefinitely in hopes of gaining
additional responses.
When reports of a low response rate persisted, the team attempted another
means of conducting our survey. With approval and assistance from Valenzia, the
team drafted a flier advertising an identical online version of the survey created
through the University of Maryland Office of Information Technology. Valenzia
agreed to send the fliers in the MVAs monthly mailings to each participant to ensure
every individual on the program would be aware of our teams efforts. Response rates
for the online survey were no more encouraging than those at the vendor locations.
36
Far from the 361 we anticipated, our final sample size was only two paper and seven
online surveys.
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highly sensitive information, the MOU is necessary to protect its integrity. As per
OIR requirements, our team produced process and user documentation throughout the
project to ensure a smooth transition when OIR takes over the development in May
2006.
The logistics of software development were initially complicated by the fact
that our team would need access to the MVAs internal network in order to code the
program. After discussing the issue with OIR staff, we decided to continue with offsite development and later work with Hergenhahn to integrate the completed software
into the MVA network. To facilitate our efforts, OIR installed a complete
development platform, including Visual Studio and Microsoft SQL Server, on a PC
workstation. This computer was set up as a remote development server on the UMD
campus so that team members involved in IT development could work
collaboratively.
Working remotely presented several problems during the planning and
development process. To begin, ongoing communication with OIR staff was critical
as they are responsible for completing, integrating and maintaining the Case Manager
software upon completion. However, in the absence of frequent face-to-face
meetings, communication with OIR staff suffered.
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Literature Review
International Ignition Interlock Symposiums
The team began its research endeavor in 2003 by attending the fourth annual
Ignition Interlock Symposium sponsored by the Traffic Injury Research Foundation
(TIRF). TIRF is a national independent road safety institute that studies programs
aimed at reducing traffic-related deaths and injuries. Findings presented at the 2003
symposium enabled the team to identify the critical areas in the interlock field,
namely acceptance, participation, and compliance. The team also team networked
with experts from around the world and has worked with several of these experts
during the duration of the project.
TIRF also sponsored symposiums in 2004 and 2005. Below is an account of
the most critical findings presented at each of the three symposiums.
39
TEA-21, states felt pressured to quickly create and implement an interlock program to
ensure continued federal funding. In their race to establish these programs, they did
not take the necessary time to develop a prototype that met their own states needs,
relying instead on advice from states with existing programs. However, because of
the vast differences in state laws and cultures across the country, a successful east
coast program will not always be effective in the Midwest. The states who hastily
enacted new interlock programs failed to take into account their unique cultural
environment. As a result, citizens were not receptive to the programs or their
implementation.
Furthermore, legislators, the courts, and the general public suffer from a lack
of basic information on interlock programs. Because interlock technology is widely
unknown to the average citizen, it also has little bearing on the decisions of
legislators. Consequently, they are slow to enact stricter legislation. Meanwhile, the
court system does little to enforce the legislation already in place.
Like the general public, many judges who hear DWI cases are unfamiliar with
modern interlock technology and are skeptical of their effectiveness. As a result, only
an estimated 10 percent of eligible offenders are sentenced to interlock installation In
other words, for 90 percent of eligible offenders, the ignition interlock is never an
option.
Symposium participants devised several approaches to these problems. First,
states must endeavor to disseminate more information regarding interlock devices and
programs among administrative agencies, members of the criminal justice system,
and offenders. The general public must also be made more aware of interlock systems
40
to add increased incentive for judges to use the interlock sentencing option. Once the
technology is familiar to the public, they will advocate for increased implementation.
In addition, legal pressure must be placed on judges to exercise the interlock
option. Pressure tactics might include lawsuits against the state over DWI cases
where a judge ignores a mandatory interlock sentence. If judges persist in
disregarding interlock legislation, the state could choose to suspend them from the
bench. Finally, judges' sentencing records should be publicized to hold them
accountable for any failure to impose mandatory sentences. These records could
generate great public concern and increased pressure for compliance with mandatory
interlock sentences.
Compliance
The discussion on compliance was centered around a debate on the ability of
judicial versus administrative programs to effectively monitor offenders. Regarding
caseload, administrative programs allow a high offender-to-supervisor ratio, while
judicial programs typically require greater supervision to enforce installation and
other sentencing conditions. This stems from the fact that probation officers in
judicial programs must follow up with offenders individually, whereas the monitoring
staff and offenders in administrative systems are rarely in contact. However,
administrative programs have little leverage with noncompliant offenders, and most
systems do not allow administrators the option of entering these individuals into the
criminal justice system as a penalty. Judicial programs, however, can stipulate
incarceration for violation of probation conditions in case of noncompliance.
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interlock process and more informed about the device and program. They should be
able to easily detect signs of program violations, such as device tampering, in order to
effectively enforce offender compliance.
Participation
Because only an estimated 10 percent of eligible offenders are sentenced to
interlock installation, program participation is limited from the start. Repeat offenders
are eligible to participate in the interlock program after serving their first year of
mandatory license suspension. Yet studies have shown this mandatory suspension
period is ineffective for individuals who continue to drive on suspended licenses
because they believe the risk of apprehension is low. After driving for a year on a
suspended license, the offender grows accustomed to this lifestyle and is less likely to
elect to have an interlock installed in place of a second year of license suspension.
Because the risk of apprehension is extremely small, the merits of a longer license
suspension outweigh the inconvenience and cost of interlock installation.
Aside from the convenience factor, offenders choices for license suspension
are often motivated by misinformation regarding the device. Many offenders do not
fully understand the interlock device or program and are therefore hesitant to enroll.
Symposium participants identified several ways to correct the voluntary
participation obstacles. First, financial obstacles could be removed by establishing
indigent funds from the state liquor tax. Furthermore, the early exit reward system
could include fee deferral for compliant participants. To deter offenders from driving
on a suspended license, states could eliminate the one-year hard suspension. Instead,
vehicles could be impounded at the time of offense and released only once an
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with education programs, victim impact panels, and community service to establish a
comprehensive rehabilitation system for DWI offenders. Primary problems associated
with treating DWI offenders include retention, treatment engagement, and high dropout rates. To address these problems, treatment should be centered on the offenders
individual needs and emphasis should be placed on motivation for change, behavioral
skills, and relapse prevention. Under the standard treatment model, each offender
would be assessed to determine whether the nature of his or her alcohol abuse was
medical, psychological, and biopsychosocial. Throughout the treatment process, the
provider should follow standard protocol to work through the offenders attitudes
toward alcohol use and rehabilitation (Nochajski, 2004).
Retention of individuals in treatment programs is essential for reducing
recidivism rates and producing long term behavioral changes. Effective treatment can
result in a variety of positive outcomes for offenders, including lower health care
costs and a 7-9 percent reduction in recidivism rates. Because treatment based
exclusively on abstinence has proven relatively unsuccessful, programs for DWI
offenders should instead focus on non-confrontational styles of treatment which
evoke reasons to change drink-driving behavior and strengthens offenders selfefficacy for altering drink-driving habits. Emphasis should be placed on combining
various treatment strategies and on providing follow-up care to monitor results
(Nochajski, 2004).
On the long-term effects of interlocks after the installation period, David
Timken, Ph.D. noted that recidivism rates increase greatly once the device is removed
from an offenders vehicle. Consequently, the devices have little impact on driving
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behavior beyond the installation period which increases skepticism about their
implementation. To address post-installation recidivism, Timken suggested improving
risk prediction by offering specialized counseling for offenders through the courts and
motor vehicle administrations (Timken, 2004).
Regarding risk prediction, Timken asserts that a BAC level of 0.02 or greater
is a better predictor of recidivism than prior DWI offenses, moving violations, or
demographics. As such, interlock data collected during installation could be used to
assess the probability of recidivism after the device is removed. Under Timkens
assertion, offenders recording high BAC levels while in the interlock program would
be more likely to recidivate once removed from the program. Therefore, program
administrators could use the BAC data output provided by the vendors to identify
high-risk offenders and impose additional sanctions or time restraints to reduce the
recidivism risk (Timken, 2004).
Also, offenders should have access to a specialized interlock enhancement
program like Support for Interlock Planning (SIP) during their enrollment period. SIP
is built around personal change readiness and motivational enhancement theory
(Marques, Voas, Timken 2004). The theory follows a strategies set forth in the
FRAMES model: Feedback to the individual about personal risks; Responsibility
for change lies with the individual; Advice to embrace change is clearly given; Menu
of choices available to the offender are discussed; Empathy is provided by the
therapist; Self-efficacy and hope are key messages to convey. SIP provides a manual
and workbook to use throughout the program, and requires offenders to attend six
individual sessions and four group sessions as well as receive necessary clinical
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enhancements. When the offender has successfully completed the SIP program, he or
she should receive a protocol for continued compliance with regards to future
treatment (Timken, 2004).
The Pacific Institute for Research and Evaluation conducted a research study
on court-stipulated interlock DUI offenders in Texas to determine if interlock users
exposed to a structured motivationally-centered program (similar to SIP) can reduce
the rates of recidivism after the interlock no longer controls their drinking-driving
(Marques, Voas, Timken 2004). Preliminary outcomes from the study indicate that the
intervention provided in a program like SIP has a positive impact on reducing
recidivism. Several assessment methods were utilized to reach this conclusion,
including AUDIT and DrInC. Results from the AUDIT assessment showed a strongly
significant statistical decrease from pre- to post-program alcohol consumption for
males and females. The DrInC assessment showed that during the intervention
program, the strongest change in offenders was an increase in impulse control which
is an important preliminary step in gaining control of alcohol. To further prove the
effectiveness of programs like SIP, actual driver records or interlock BAC evidence
must be analyzed to determine the rates of recidivism once offenders leave the
treatment programs (Marques, Voas, & Timken, 2004).
Legislative Issues and Current Developments
In many states, greater program effectiveness will also require revisions to
existing interlock laws and program specifications. James Frank, from NHTSA in
Washington, D.C., discussed the organizations evolving model specifications for
interlock devices. Recent revisions to the original 1992 model address technical
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issues including sensor technology, precision and accuracy treatment, breath sample
size requirements, temperate extreme testing, radio-frequency interference testing,
circumvention testing, calibration stability testing, the ready to use time
requirement, conformance testing, formats for data logger output, and program
guidelines (Frank, 2004).
Though helpful in establishing interlock programs, Michael Sandoval, chief of
the New Mexico Department of Transportation Traffic Safety Bureau, discussed how
TEA-21 has posed a variety of problems as states have attempted to navigate its many
requirements and implications. Under TEA-21, any individual convicted of a
subsequent DWI offense must receive a one-year hard license suspension prior to
interlock installation. In addition, device installation is prohibited during treatment
and supervised probation periods. Consequently, offenders are kept off the device
during critical periods and instead often drive on suspension (Sandoval, 2004).
To combat this problem, the U.S. House of Representatives enacted HR3550.
This bill stipulates that any individual convicted of a DWI is subject to a minimum
one-year license suspension, or a 45-day suspension followed by a limited license
reinstatement for the purpose of transportation to and from work, school, or an
alcohol treatment program.
In a different discussion on TEA-21, Karen Sprattler, National Director of
Public Policy for MADD, reported the organizations recommendations for policy
changes to increase DWI enforcement and the establish frequent, highly publicized
sobriety check points. MADD also advocates tougher sanctions for higher-risk
drivers. High-risk drivers include those who have been convicted of a second or
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subsequent offense within a five-year period, those who are convicted with a BAC
greater than 0.15 and those convicted of driving on a suspended license. Specifically
the organization recommends a 90-day waiting period and one year of hard license
suspension before issuing an interlock-restricted limited license to these individuals.
During the waiting period the offenders vehicle would be impounded to prohibit
driving, and the interlock would remain on the vehicle for the duration of suspension
(Sprattler, 2004).
High-risk drivers could also be penalized with incarceration or house arrest, as
well as additional fines. They would also report to a case manager at least once a
month and attend a victim panel. Finally, these drivers would undergo mandatory
alcohol abuse assessment and treatment. Treatment programs would last for one year
and the probation period would last an additional two years (Sprattler, 2004).
Restricted Licenses and Interlocks
To provide an example of stricter restrictions, Judy Groezinger from
Washingtons Department of Licensing discussed the states interlock-restricted
license requirements. In order to qualify for restricted license reinstatement, offenders
must provide proof of insurance and device installation. Once a license has been
issued, offenders are required to attend substance abuse treatment sessions or group
meetings. Offenders must also complete a specified number of community service
hours and pay an additional 100 dollar fee (Groezinger, 2004).
Dwight Surgenor, of the Manitoba Transportation and Government Services,
reported on the restrictions in place in the Canadian Province of Manitobas interlock
program. Manitobas interlock program, established in 2003, states that upon
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installation. More than 3,000 interlocks were installed in the year following the laws
enactment alone (Voas, 2004).
To evaluate the effectiveness of New Mexicos 2003 act, NHTSA partnered
with the Pacific Institute for Research and Evaluation. The two organizations agreed
to conduct a study to identify weaknesses in the mandatory law and to determine
whether offenders who are subject to mandatory installation produce the same
reduction in recidivism rates as voluntary participants. The organizations plan to
collect data through the end of 2006 and complete their study in 2007.
Since the 2004 symposium, New Mexico has continued to lead interlock
initiatives through new legislative efforts. For example, the state implemented a fund
to assist indigent program participants, and in 2005 enacted legislation to mandate
device installation for any individual convicted of a DWI (Voas, 2004). Additionally,
one bill would have mandated interlock installation for all new and used cars sold in
the state and awarded tax incentives for vehicles sold with a device in place. The bill
did not pass, yet such progression towards state-wide interlock usage will both
accelerate participation rates and general knowledge of the device within New
Mexico and serve as a prototype for other programs.
Universal device installation is critical to significantly reduce drunk driving,
according to Chris Coxon of Transport South Australia. Like HB 126, the Australian
Design Rule mandates devices for all new vehicles. Sweden has also embraced the
concept of universal installation with the commercial introduction of the Alcokey.
The Alcokey, which costs 300 US dollars, requires drivers to press the unlock button
and blow a breathe sample below the set BAC level before they may start the engine.
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and 2,000 times before apprehension and are often habitual drink-drivers (Ignition
Interlock Symposium, 2005). Because first-time offenders are assessed incorrectly,
they are rarely sentenced to interlock installation despite studies which have proven
the devices effectiveness among this group (Marques & Voas, 2005).
Symposium participants also discussed interlock participation for commercial
drivers. One study is evaluating the practicality of implementing Alcolock devices on
commercial vehicles by conducting driver interviewing before, during and after the
Alcolock use, and analyzing device data. Initial interviews have indicated a generally
positive or neutral attitude toward the device among commercial drivers and could
serve as a catalyst for greater commercial implementation (Silverans, 2005).
Another step toward increased participation would be insurance incentives for
device installation. Insurance rates increase tremendously with a DWI conviction and
some offenders lose their coverage altogether. Interlock installation decreases
offender recidivism rates while installed and should therefore be viewed as a risk
reduction. In Quebec, La Capitale Assurances Generales Inc. waives the premium
surcharge for first-time offenders who enroll in the interlock program for a year, and
offers a 50 percent discount for second offenders who enroll. Still, fewer than 100
individuals have participated in this program since its inception in 1998. One US
insurance company abandoned a similar program when it generated little interest and
other companies have been reluctant to implement such an unprofitable incentive.
Legislation is necessary to mandate the insurance cost reductions and entice more
offenders to participate in the programs (Sweedler, 2005).
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Acceptance
Regarding program acceptance, one current study in Great Britain is
evaluating offender attitudes towards the device. Already, researchers have found
some offenders have difficulty adjusting to the technology and complain that it
disrupts their regular routine. Others are much more comfortable with the device and
have easily modified their drinking and driving behavior. Offenders expressed
dissatisfaction with rolling retests, the warm-up period, reactions from family and
friends, and the inconvenience of device maintenance visits. These early results
indicate there is a persistent need to make the program more attractive to offenders in
order to facilitate increased implementation and acceptance (Clayton & Beirness,
2005).
Recidivism
Symposium participants also discussed offender recidivism rates to illustrate
continuing problems in that area. In New Mexico, the researchers have found that
interlocks reduce recidivism by 65 percent while installed, and 44 percent overall
(Roth, Marques, & Voas, 2005). A different study in Maryland concluded that second,
third and subsequent offenders demonstrated reduced recidivism rates during the
installation period, yet only second and third offenders continued to demonstrate the
reduction once the device was removed (Ignition Interlock Symposium, 2005). In
order to determine an offenders recidivism risk, several factors must be assessed.
Prior to installation, driving records are the best predictor of repeat offenses, however
once offenders are enrolled the rate and pattern of their BAC tests becomes more
useful in indicating recidivism. As mentioned in the 2003 symposium, the BAC data
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can be used to extend the installation period until offenders demonstrate that they
have permanently altered their drinking and driving behavior (Marques & Voas,
2005). Because interlocks are effective while installed, all DWI offenders should
receive mandatory interlock sentences for a minimum of one year. Removal should be
contingent upon the offenders completion of a year-long period during which time
they do not record a breath sample above 0.04 (Roth, Marques, & Voas, 2005).
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Once an individual is arrested, they may still fail to appear in court. Officers
reported that failure to appear rates can reach as high as 30 percent and that the extent
of the problem is largely determined by the penalties levied on offenders who fail to
appear. When offenders fail to appear in court, resources are wasted and the chance
that offenders will evade prosecution and conviction increases significantly.
Strengthening penalties for offenders who fail to appear could be a step toward
eliminating this problem.
One-third of officers reported difficulty gaining access to drivers records.
Because consequent charges depend on information gathered at the scene of the
arrest, accurate and accessible record-keeping is essential.
Seventy-eight percent of officers interviewed rarely testified in court as few
cases go to trial. Effective trial testimony is limited by several factors; length of time
between arrest and trial, limits on admissibility of evidence, and a lack of opportunity.
Workshops and mock trials could better prepare officers to testify in court. Workshop
curriculum would be designed to train officers in the forms of data collection
necessary to secure DWI convictions in court. One data point which is critical to
conviction is the BAC level at the time of arrest. This is often one of the most
important pieces of information judges rely on when sentencing offenders. Therefore,
one workshop might focus on techniques for persuading offenders to submit to a
BAC test.
Researchers identified a lack of resources as the last main barrier to DWI
enforcement. Funding is often limited as is the equipment necessary to properly
measure and convict suspected offenders. More money and a strategic re-allocation of
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risk of apprehension. A failure to appear results in wasted resources and often means
the offender is never prosecuted or convicted for their DWI arrest. Prosecutors
offered three solutions for this problem: defendants who fail to appear in court one or
more times should be held in custody until trial following any subsequent DWI
arrests; if it is not practical to hold the defendant in custody, a substantial bail should
be imposed to ensure a court appearance; finally, legislators should increase the
penalties for offenders who fail to appear, and judges should consequently adhere to
these harsher penalties.
In the past five years, significant growth in DWI laws has led to legislative
complexities that have arisen to make the system inconsistent in places. These
inconsistencies translate into loopholes through which repeat offenders can often
avoid prosecution. In order to identify and correct these loopholes, prosecutors
recommend an extensive legislation review be completed by all major stakeholders in
each state.
In more than half of DWI trials, prosecutors rely on the testimony of expert
witnesses to win convictions. However, due to poor funding and scheduling
problems, expert testimony is not always available and the consequence is often an
acquittal for guilty defendants. Prosecutors recommend creating a databank of past
expert testimony in DWI trials. This way, prosecutors in subsequent trials could
access the databank to obtain pertinent information for presentation in court.
Plea agreements can also cause problems in the DWI system because they
lead to reduced sanctions and penalties, undermine the deterrent effect, and make it
more difficult to identify repeat offenders. During plea agreements, first-time
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offenders typically receive probation before judgment. As long as the terms of the
probation are completed, their criminal records remain clean. Therefore, the second
time they are convicted of a DWI, they are viewed as first-time rather than repeat
offenders, and receive lighter sanctions. Although prosecutors are generally satisfied
with the frequency of plea bargains in the system, they would like the contents of the
plea arrangements to be restricted so that offenders, particularly repeat offenders, are
granted less leniency.
Just as officers identified improper training as a problem, prosecutors cited a
lack of knowledge about the DWI system as a serious obstacle to securing
convictions. Forty-eight percent reported that they did not receive proper training
prior to working in the DWI system. Many noted that DWI cases are often given to
new prosecutors as a form of training; this is counterproductive to the system as the
prosecutors lack of confidence and experience make them more hesitant to proceed
to trial and more likely to negotiate plea arrangements. Ninety-four percent of
prosecutors surveyed would like more training in the area of DWI prosecution. In
addition to training, they believe it would be helpful to meet with DWI prosecutors
from other jurisdictions and states to discuss common problems and strategies.
Prosecutors suggested using mock trials and turnover binders containing
information on previous trials as ways to gain experience and disseminate
information. Lastly, prosecutors said that vertical prosecution would help maintain
consistency and efficiency in handling cases from start to finish. In a vertical
prosecution system, from the time a DWI case begins until it is disposed of by
sentencing, one prosecutor is responsible for that and any other case the individual
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offender may have pending. As such, the prosecutor follows the case from
preliminary hearing, through pre-trial motions, trial and finally sentencing. The
benefits to a vertical prosecution system include a more effective working
relationship between officers, the prosecutor, and other key parties involved in each
case, continuity in prosecution, and prosecutors who are better prepared to handle the
many challenges in DWI cases.
Recommendations for improving prosecution were separated into the same
categories as those for improving enforcement. First, better training and education in
the areas of DWI evidentiary issues, trial proceedings, and legislation could provide
prosecutors with a solid footing for winning trial convictions. In addition,
communication and cooperation between officers, new prosecutors, legislators,
criminal justice professionals, and other stakeholders would enhance the flow of
information through the DWI system. Similar to officers, prosecutors recommended
creating a turnover binder that contains notes on key issues and procedures in DWI
cases. Prosecutors also support the implementation of a vertical prosecution system to
eliminate trial confusion and delays. Regarding technology, prosecutors recommend a
greater facilitation of blood evidence, considered by many to be a more valid and
reliable indicator of BAC level than the current breathalyzer technologies.
Prosecutors suggested several improvements for improvements to record-keeping,
including uniform driver abstracts, uniform look-back periods, and standardized court
reporting practices. Greater access to technology such as legal websites, as well as the
creation of a databank that houses expert testimony data, will help to enhance
prosecution efforts. Lastly, legislation and regulation changes are needed to ensure
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that prosecutors can effectively prosecute and convict offenders. Improvements might
include: increasing bail amounts for failing to appear, criminalizing test refusal and
increasing associated penalties, and using tiered penalty systems to penalize repeat
offenders.
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fewer offenders are able to circumvent the system. Judges also said specialized DWI
courts would provide a better forum for closely monitoring offenders.
Evidentiary problems concern judges as well as prosecutors because they
often lead to lesser charges and plea agreements. Many judges acknowledged that
they lack sufficient scientific and technical knowledge regarding DWI offenses, and
that they rely on strong evidence presented in court. Judges should be better educated
in DWI evidentiary issues to increase the likelihood of accurate convictions. Judges
often find it difficult to correctly sentence offenders in the absence of recorded BAC
information from which to base their decision. Consequently, they said resolving the
test refusal problem would ensure BAC information would be available in all cases.
Given the approximate 1.4 million DWI arrests each year, courts are
constantly overburdened with these cases. Such offenses are the most frequently
adjudicated misdemeanors in lower courts which reduces the amount of time judges
have to study DWI law. Because of the immense backup, many offenders cases are
dismissed or they are acquitted due to delays. Forty-three percent of judges agreed
that more adjudicates are needed to facilitate the process. More than half of judges
said specialized DWI courts are more efficient in handling DWI cases, and would
reduce the incidence of dismissals and acquittals.
Judges also agreed with prosecutors that motions and continuances constitute
a significant barrier to the effective adjudication and sanctioning of offenders. These
tactics create unnecessary paperwork and waste the courts valuable time and
resources. Twenty percent of judges recommended limiting motions and continuances
in DWI cases to alleviate the problem.
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Failure to appear was another concern for the judges in the survey. Defendants
who miss their trial are often able to avoid prosecution and conviction altogether.
They also waste time and resources and lower the deterrent effect of the courts. The
judges recommended that repeat offenders with a history of missing their DWI court
appointments be held on bail following subsequent arrests.
Because DWI records for any given offender have often been maintained by
different agencies for different periods of time, information is inconsistent and often
inaccurate, a problem noted by the judges. Without current and accurate information,
judges are unable to make informed decisions and many offenders are released
without penalty. Forty-four percent of the judges said that the National Driver
Register (NDR) is one of the most effective databases for identifying problem drivers.
However, because NDR data is derived from state motor vehicle administrations,
greater efforts must be made to improve the quality and quantity of the original
information entering the database. Uniform driver abstracts and standardized lookback periods could further assist judges searching for information on a particular
defendant. Abstracts would allow judges to quickly locate key information on any
offender in the system which would aid the decision-making process during trial.
Standardized look-back periods would mandate that information be kept on file for
each offender for a specified period of time. This is critical to monitoring repeat
offenders and ensuring that they receive appropriate sanctions dependent on prior
convictions.
A variety of influencing factors including fiscal concerns, caseload, personal
experience, and the availability of sanctioning options, means that DWI sentencing
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can differ significantly even in similar cases. As a result of sentencing disparity, some
defendants are not properly sanctioned. This leads to the additional problem of judge
shopping when offenders look to try their case before a judge known for leniency.
The judges reported that access to summaries of scientific research, specialized DWI
courts, and tiered penalty systems for repeat offenders would maintain more
consistency in sentencing while still permitting discretion when needed.
In a previous attempt to correct sentencing disparity, states have introduced
mandatory minimum sentences. However, the judges said these minimums often
impede the sentencing process when the stipulated sanctions are not appropriate for a
certain case. Instead more judicial discretion in mandatory minimums would help to
better encompass the wide variety of DWI cases.
Jury trials in DWI cases often produce much lower conviction rates compared
to non-DWI cases; defendants recognize jurors sympathetic attitudes toward drinking
and driving and take advantage of this situation in court. When juries cannot reach a
decision, defendants often face less harsh penalties or wholly avoid sanctioning.
Seventy-five percent of judges said one way to more fully inform juries in DWI cases
is to include test refusals as evidence.
Similar to the previous two reports, the sanctioning report categorizes
solutions into five main categories: training and education, communication and
cooperation, record linkages, availability and access, technology, and legislation and
regulation, all of which were discussed in detail in the previous sections on
adjudication and sanctioning.
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caseloads, and using technologies such as transdermal testing, which uses electronic
monitoring with alcohol testing, to minimize unmanageable caseloads.
Probation officers often face conflicting goals of enforcement versus
rehabilitation. Ideally officers could focus on both, yet funding and resource
limitations make this dual task difficult. Generally officers dedicate much more time
to enforcement efforts than they do to rehabilitation initiatives. Unfortunately,
spending less time on rehabilitation initiatives often translates into increased
recidivism rates since offenders are never encouraged to change their drinking
behavior. Officers agree that more treatment facilities are needed to increase
rehabilitation options and curb recidivism rates.
Sentencing disparity continues to be a concern for probation officers.
Probation officers stated that judges should be better informed of the penalty structure
for repeat offenses so they might demonstrate more consistency in their rulings.
Particularly a problem with repeat offenses, sentencing disparity detracts from the
deterrent effect of the courts and keeps dangerous drivers on the road.
Poor program planning and design leads to legislative discrepancies,
inconsistent enforcement, and an excessive financial burden for offenders, all of
which officers said decrease a programs success. Offenders are able to identify and
exploit those inconsistencies which make monitoring and enforcement difficult and
occasionally even those who would benefit most never enter the program at all.
Officers recommend funding for indigent offenders who cannot afford their program
costs as an effective way to address this issue. Further, a careful evaluation of
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program entry requirements would ensure that all offenders who should be admitted
into a DWI program meet the qualifications.
Probation officers reported that they spend approximately one-third of their
time filling out forms and writing reports. The attention given to paperwork each day
detracts from the amount of time officers can dedicate to monitoring and
rehabilitation efforts. Even more alarming, some officers admitted that paperwork
discourages them from reporting all DWI incidents. Standardized forms and a greater
reliance on technology would decrease the time spent on paperwork. Web-based
applications would allow all parties to more efficiently share information, thereby
improving communication as well as reducing paperwork.
As states have focused on net-widening, placing more offenders in
alternative DWI programs rather than correctional institutions, officers have
understandably experienced a greater increase in caseloads. Consequently, probation
officers have been less effective since they must stretch their time and resources even
further. Officers recommended that states undergo a strategic review on the practice
of net-widening to determine for whom it is most appropriate and how best to
mitigate its negative consequences.
Finally, sixty-two percent of probation officers surveyed rated their
accessibility to offender criminal records as poor. When officers are unable to
access offenders records, the information they have at their disposal during trial is
often inadequate. A lack of evidence in court makes judges reluctant to pass harsh
sentences and ultimately enables repeat offenders to evade appropriate sanctions.
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increase the ability of officers to create and maintain accurate records that are critical
to an offenders progress.
Probation Officers: Areas for Improvement
Maryland probation officers reported that those DWI court sanctions which
are monitored 100 percent of the time include treatment and counseling, community
service orders, fines and fees, license sanctions, and victim impact panels. However,
ignition interlock sanctions are only monitored 85 percent of the time. Just as TIRF
found nationwide, Maryland probation officers often must choose between spending
resources on enforcing sanction compliance, or on focusing on offender treatment.
Maryland survey results indicate that 23 percent of officers prioritize enforcement,
while 77 percent of officers equally prioritize enforcement and treatment/integration;
the nationwide trend was 26 percent and 73 percent respectively. Officers also
reported that 47 percent of offenders fail to comply with the conditions of their
sentences, up from the national 43 percent, and that license sanctions and treatment
are the most ignored requirements. Contrarily, Maryland offenders are somewhat
more compliant with ignition interlock requirements than their counterparts
nationwide. Fifty-four percent of officers cited poor program design as the biggest
cause of non-compliance, yet Marylands interlock compliance rate suggests it may
have an edge over other states in that respect.
The report also noted that approximately 47 percent of offenders evade DWI
sanctioning because they cannot afford the associated costs. This statistic is
considerably higher than the national average of 13 percent. In order for the ignition
interlock system to effectively deter drink driving, the financial burden on indigent
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offenders must be reconciled so that all eligible individuals can be placed on the
program.
In contrast to the national trend, 54 percent of Maryland officers rated
accessibility and accuracy of criminal records as excellent, while 61 percent rated
the accessibility and accuracy of driver records at the same caliber. The nationwide
averages were 38 percent and 30 percent, respectively. This data indicates that recordkeeping is less problematic in Maryland than elsewhere. Still, only 39 percent of
Maryland officers said they were able to satisfactorily track clients who relocate,
compared to a national average of 48 percent. This demonstrates an information
disconnect across state lines. More open communication among state agencies is
necessary to ensure offenders do not disappear from the system when they relocate.
Furthermore, 69 percent of Maryland officers reported considerable sentencing
disparity in DWI cases compared to the national 53 percent. However they reported
that sentencing is less likely to reflect the severity of the offense 31 percent of the
time, a decrease from the national 46 percent.
Probation Officers: Recommendations for System Improvements
The Maryland officers in the TIRF study made several recommendations for
DWI system improvements. First, to address the problem of insurmountable
caseloads, 52 percent of Maryland officers said that more probation officers must be
employed to spread the cases. Sixty percent of officers believe the maximum caseload
limit for regular supervision should be between 100 and 200 offenders, and 39
percent believe the maximum caseload for intensive supervision should be not exceed
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90 offenders. According to the national study, caseloads can range from 100 to 3,000
per officer.
Probation officers believe that incarceration and alcohol treatment are the
most effective sanctions for offenders. Thirty-seven percent of officers felt that
addiction treatment is effective and 73 percent agreed that more treatment facilities
are needed. They also said the state should certify treatment providers to standardize
the programs minimum requirements. Seventy-three percent of officers, compared to
50 percent nationwide, believe women and minorities need specialized facilities. To
increase the use of treatment as a sanctioning method, 82 percent of officers believe
that judges must be better informed about the impact of addiction on offenders and
the necessity of treatment. To improve the enforcement of offender compliance with
these sanctions, 29 percent said they required more technical assistance and 25
percent required better cooperation with police. An overwhelming 91 percent of
officers felt that vehicle impoundment should be used more frequently in DWI cases.
Maryland officers also recommended several specific improvements for the
interlock aspect of the DWI system. To best improve interlock programs, 43 percent
of officers reported that they require better data logger training. Data loggers store
information obtained from each offenders interlock device, such as number of rolling
retests, failed starts, etc. Probation officers must understand the information contained
in the data loggers as they can help to identify which offenders require the closest
supervision and enforcement. Additionally, 33 percent of officers want to work more
closely with service providers to identify those offenders that run the highest risk of
violating program requirements so that enforcement effectiveness can be improved.
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are up to the discretion of the judge. Therefore, an offender may judge shop and
attempt to have his case heard by a judge who is known to be more lenient. This can
greatly impact the interlock system, because some judges are more skeptical of the
interlock technology and less likely to require an offender to have an interlock
installed in his car.
Judges: Recommendations for System Improvements
Maryland judges provided recommendations in response to the concerns they
delineated. To begin, 71 percent of judges suggested more training for police and
prosecutors to improve the quality of evidence presented in court, and 81 percent said
all professional groups would benefit from additional training and workshops.
Seventy-five percent of judges said test refusal should be addressed through
legislative measures, and 30 percent in particular said penalties for a refusal should be
strengthened in legislation.
In the courts, 62 percent of judges believed test refusal should be made
admissible during sentencing. Only 6 percent said that test refusal admissibility
should be excluded entirely. A 94 percent majority of judges felt prior convictions
should be admissible during sentencing, though only 13 percent agreed they should
be allowed during trial. An overwhelming 94 percent of judges agreed that mandatory
alcohol evaluations should be available to assist judges in sentencing.
In addition, 69 percent of judges responded that greater access to scientific
evaluations of sanctions would ease their decisions. This indication is very important
because it suggests that judges require scientific confirmation of ignition interlock
effectiveness before they will mandate interlock installation. Providing adequate
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ratios, and accident reconstruction. However, 81 percent of the judges surveyed did
feel that DWI prosecutors were prepared to present such evidence knowledgeably.
Sixty percent of judges cited heavy caseload as the largest obstacle to effectively
monitoring offenders. According to the survey, 25 percent of offenders are
apprehended for sentence non-compliance, less than the 28 percent apprehended
nationwide (TIRF: Pennsylvania, 2002).
In Pennsylvania, nine percent of DWI cases go to trial compared with 16
percent nationwide. Of these cases, 14 percent are decided by jury, compared with 12
percent nationwide. The practice of judge-shopping does not seem to be as much of
a problem in Pennsylvania as in other states, which indicates a lesser level of sentence
disparity (TIRF: Pennsylvania, 2002).
Judges in the Pennsylvania study then provided recommendations for
resolving the issues they had identified. To improve evidentiary knowledge, judges
suggested all agents engage in further training to familiarize themselves with DWI
law and science. Fifty percent of judges felt the issue of test refusal should be
addressed through legislation, and many said refusals should be permissible as
evidence in court (TIRF: Pennsylvania, 2002).
Eighty percent of judges thought better cooperation between courts and
treatment facilities would enhance monitoring efforts, and said probation and parole
officers were the best agents for this task. Of those surveyed, 13 percent felt more
DWI judges were necessary to quell the caseload problem, compared with a national
average of 43 percent. Another 20 percent favored legislatively limiting motions and
continuances to expedite case processing (TIRF: Pennsylvania, 2002).
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offender who wished to avoid license suspension (Massey, 1999). Under the 1999
interlock law provisions, program participants were only permitted to operate their
vehicles when traveling to work or school.
The new program met with early success. The Santa Fe New Mexican
reported in 2000, that 15 months after its implementation the program had grown to
140 participants, a sign of judicial support. In that time, only one offender had been
rearrested; nearly ten times lower than expected. Furthermore, the interlock program
spurred additional drink-driving initiatives, such as the DWI Planning Councils
driver sobriety pledge (Constable, 2000).
In 2002, the legislature expanded the law to mandate interlock installation for
any repeat DWI offender. The law was again amended in 2003, with the
implementation of the Ignition Interlock License Act. Unlike earlier versions, the new
law allowed for participants in the program to drive wherever they wished so long as
they possessed a valid interlock license and device (The Institute of Public Law,
2005).
The interlock laws were not flawlessly implemented, and in 2003 the
Albuquerque Journal reported that from January to November of that year only 300 of
the 873 devices ordered by judges were actually installed. This is partially due to
some repeat offenders whose vehicles were impounded and could not install a device,
and others who were reassigned to Drug/DWI court, which follows a different
sentencing system. Yet the biggest hindrance to compliance at the time might have
been the lack of a system for ensuring offenders complied with court orders. In
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ignition interlock must drive it with a special interlock license, which costs $51.50 to
obtain. After the device is installed, the participants must have the device serviced at a
vendor location every 60 days. It costs $75 for installation, and approximately $960
per year to maintain (The Institute of Public Law, 2005).
In the 2002 TIRF study for the state, judges in New Mexico listed the top five
problems areas they face in DWI sanctioning as sentence monitoring, record-keeping,
evidentiary problems, failure to appear, and motions and continuances. These results
are similar to the nationwide findings.
Judges in the New Mexico report said that an overwhelming number of DWI
cases combined with poor communication between probation officers and the courts
make it extremely difficult to monitor all offenders. They recommended more
interaction between courts and sanctioning programs to minimize the issue. New
Mexico judges also supported implementation of DWI courts to handle the volume of
cases, despite previous miscommunication and disagreements regarding offense
sanctioning.
Inaccurate and unavailable records were also noted as a problem in New
Mexico. Without reviewing complete driving and offense records for each case,
judges find it difficult to issue appropriate sanctions. Again the judges recommended
enhanced communication between the courts and law enforcement, as well as
mandatory alcohol evaluations for DWI offenders to improve sanctioning. Similarly,
evidentiary problems arise from the lack of sufficient records available to judges.
Respondents indicated better training for judges and police officers would best ensure
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House Bill 126 in 2004, which proposed device installation for all new vehicles.
However opponents have stressed the need to keep the focus on offenders, and the bill
has yet to pass through the Senate Judiciary Committee (Grammer, 2004).
Regardless of the latest proposal, New Mexicos 2005 interlock laws will
incorporate much larger numbers of participants into the program as it requires even
first-time offenders to install a device. By 2003 the state had fallen from second to
sixth in their ranking for DWI-related deaths, and as a result of the new laws the
reduction in DWI offenses is expected to continue. The state enjoys consistent
support in drink-driving and interlock measures from its Governor Bill Richardson as
well as its legislature, who in addition to advocating interlocks in every vehicle have
pushed to lower the states 0.08 BAC limit (Massey, 2004).
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as well as a requirement that the results of the program be evaluated at its finish
(DeYoung, 2002). A study by the EMT Group in 1990 found that there was no
statistical difference in subsequent DUI convictions for those DUI offenders who
installed the device and those who did not (DeYoung, 2002). Though the study used
statistical and design controls, judicial and self-selection biases may have influenced
these results.
Regardless of the EMT results, the California legislature chose to continue the
use of interlocks for DUI offenders, and in 1990 passed AB 2040 which expanded the
interlock sentencing option statewide. As with the Farr-Davis act, judges were at their
own discretion when mandating the device and could do so for any DUI offender. Yet
many judges were unfamiliar with or had little faith in the ability of the interlock to
reduce DUI recidivism, so few judges actually used the sentence. To circumvent
judicial hesitation and increase interlock sentencing, the legislature passed the followup law AB 2851 in 1993. Unlike the previous discretionary measures, AB 2851
required judges to mandate interlocks for all repeat DUI offenders. Still, judges were
reluctant to enforce the new legislation and fewer than 25 percent of repeat DUI
offenders ever received an interlock mandate under the law (DeYoung, 2002).
Despite persisting judicial reluctance, the California Department of Motor
Vehicles formed a task force in 1998 to study the interlock program in hopes that a
collaborative new law would lead to a thriving program (DeYoung, 2002). The task
force, comprised of interlock vendors, legislators and judges, focused on quelling
many of the judges concerns with interlocks. One of the leading judicial concerns
was the futility of mandating interlocks for repeat DUI offenders while the offenders
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simultaneously served a two-year hard license suspension period. The judges argued
that assigning interlocks to these individuals indicated that they expected the offender
to disregard suspension and drive anyway (Marques, Roth & Voas 2005). Whatever
forms the new interlock laws took, they would have to coincide with existing statutes
(DeYoung, 2002). The judges also said that the high cost of the devices exceeded
many of the offenders financial constraints, and they questioned the short- and longterm effectiveness of using interlocks to reduce DUI recidivism. As per the task force
recommendations, a third interlock law, AB 762, took effect on July 1, 1999. There
have been several technical changes to the California law since that time, but AB 762
remains the crux of interlock protocol in the state.
Current Law
Under AB 762, judges are required to order interlock installation for anyone
convicted of driving on a DUI-suspended license (DWS-DUI). As such, the new law
addresses a much smaller group of offenders than the previous law. The rationale
behind the change is that these drivers have already proven that they will continue to
drive their vehicles, even when legally suspended. Thus, though their suspensions
remain in effect, the courts can at least ensure they will not violate their sanctions
while intoxicated. In addition to DWS-DUI convictees, judges still have the option
under AB 762 to mandate the device for a DUI first offender with a high bloodalcohol concentration at their arrest, or for any repeat DUI offender. Repeat DUI
offenders may voluntarily opt into the interlock program to reduce their hard license
suspension periods. The law also implemented an income-based payment scale for
device installation and maintenance to account for indigent offenders (Marowitz,
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1999). Additionally, AB 762 made it illegal to lease or loan a car without an interlock
to an interlock-restricted driver, blow into an interlock for a restricted driver, or
bypass, circumvent, remove, or tamper with a device. To address the concerns over
interlock effectiveness, the Department of Motor Vehicles Research and
Development branch was assigned to evaluate the process and results of Californias
program in a comprehensive study. This study took place in two parts and was
presented in May 2002 and September 2004. In addition to modifying previous laws,
all of which were based on a strictly mandatory judicial approach, AB 762 established
an administrative component of the interlock program. Under the law, DUI offenders
may apply to the Department of Motor Vehicles (DMV) for an interlock and a
restricted license once they have successfully completed half their suspension
sentence and enrolled in a minimum 18-month DUI program (Marowitz, 1999). The
DMV is responsible for issuing the special licenses and for ensuring the devices are
installed and properly maintained by the offender.
Offenders choose from five interlock manufacturers who are certified by the
state to install and maintain the devices at one of 36 installation locations throughout
the state. Installers must provide interlock users with written instructions on caring
for the device, training in operating the device, and a 24-hour number for assistance.
Devices are serviced every 60 days, at which time a record is taken of any failed
attempts or refused rolling retests. Any evidence that the offender has attempted to
circumvent, remove, or tamper with the device is reported to the DMV or the courts
(Marowitz, 1999).
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Challenges
Though officials developed AB 762 to enhance Californias interlock
program, results in the past ten years have been mired in incompliance, high levels of
recidivism, and a lack of communication between authorities. As a result, many
fundamental problems still exist and the program has yet to truly impact the states
drink driving culture. The DMV studies conducted by David DeYoung under the AB
762 provision revealed numerous flaws in both the mandatory and voluntary
programs.
Extremely low DWS-DUI conviction rates are at the root of interlock
enforcement problems. DeYoung tracked more than 5,000 people who were arrested
for DWS-DUI offenses, and found that only 18 percent (887) received a DWS
conviction. According to AB 762, the judges in all 887 cases were required to order
interlocks for the offenders. However, only nine percent (83) followed the mandate.
Finally, of the 83 ordered to install the devices, only 18 complied. This accounts for
less than 0.4 percent of the 5,000 who were arrested (DeYoung, 2002). Another study
analyzed the sentencing process for any driver convicted of a DWS-DUI offense from
the laws enactment on July 1, 1999, through December 31, 2001. There DeYoung
found that judicial imposition of the interlock mandate steadily increased from just
over five percent at the start to 27 percent (1,121 court orders) at the end of the study.
While these numbers indicate judges have warmed to interlock sanctions, the
mandates should legally have been at 100 percent. Finally, the California Association
of Ignition Interlock Professionals found that an interlock was mandated in only
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seven of the 1,707 cases they monitored in 2003 where it should have legally been
ordered (Hardcore Drunk Driving Judicial Guide).
In a mail survey distributed as part of DeYoungs study, state district and city
attorneys were asked what could be done to enhance DWS convictions. The leading
response was to improve the proof of notice of license suspension. When an
individuals license is suspended, the DMV often sends notice in the mail. Should the
individual claim in the DWS-DUI hearing they never received the notice, it is
impossible for the prosecution to argue the defendant knowingly drove on a
suspended license and therefore extremely difficult to win a DWS-DUI conviction
(DeYoung, 2002).
The voluntary aspect of the program, in which repeat DUI offenders opt for
enrollment to reduce their hard suspension periods, also suffers from low
participation rates. DeYoungs study found the DMV issued approximately 50 to 60
interlock-restricted licenses each month, yet over 20,000 offenders qualified for the
option. These numbers indicate that the public maintains a strong opposition to
interlock use (DeYoung, 2002).
Furthermore, responses to DeYoungs mail survey showed several old
concerns persist. While 85 percent of attorneys believed interlocks were very or
somewhat effective in reducing DUI and drinking and driving, one third of the
judges surveyed said they thought the devices were not at all effective. In regards to
the barriers to implementing interlock programs, both groups cited the high financial
cost for indigent offenders. They also said that many offenders do not own a vehicle,
and asserted that thoroughly monitoring offenders is difficult and costly (DeYoung,
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2002). Offenders who had installed the device were also surveyed, and 33 percent
raised concerns over the dangerous distraction the rolling retest created (DeYoung,
2002). Communication between the different monitoring agencies is another weak
spot in Californias program. Court and DMV records on sentencing showed
discrepancies, as did court and installer records on device bypass and sentence
completion. Combined problems with monitoring offenders, and collecting and
reporting data likely led to these discrepancies (DeYoung, 2002). From the data
collected, it is clear that Californias interlock system has not yet been successfully
implemented.
Results measuring the effectiveness of the program did not fare much better.
The second of DeYoungs studies looked at a series of DWS-DUI and DUI offenders
to compare DUI recidivism and subsequent crashes between those who had received a
court-ordered interlock mandate or license restriction, and those who had not. The
study found that the devices were extremely effective when actually installed on
offenders cars but the court order to install made little difference in later DUIs or
crashes.
DWS-DUI and repeat DUI offenders with just an interlock order or restriction
showed no significant decrease in the rate of subsequent DUI offenses compared to
those without an order. DWS-DUI offenders who actually installed a device
demonstrated an 18 percent lower DUI conviction rate. Second offenders who
installed a device did not see a significant difference in DUI conviction, though they
were 41 percent lower in overall DUI incidents, e.g. DUI convictions, alcohol-related
crashes and license suspension due to a DUI arrest (DeYoung, 2004).
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become more compliant with the mandate to order interlocks for DWS-DUI offenders
(DeYoung, 2002). Perhaps the brightest sign for the program is the response from
individuals who have actually installed interlocks in their vehicles. The majority of
these individuals viewed the devices positively and said they prevented drinking and
driving and had helped improve their drinking behavior (DeYoung, 2002). Finally,
while a lack of faith in the product does deter from interlock mandate and installation
rates, a majority of the problems found in the DMV studies are operational and
correctable.
Future
The DMV reports made several main recommendations to improve the
implementation and effectiveness of Californias interlock program.
To strengthen program enforcement, stronger court sanctions such as vehicle
impoundment could be issued for offenders who fail to comply with their interlock
orders (DeYoung, 2004). Such a threat would be a substantial incentive for offenders
to follow court orders to install. Likewise, the DMV could offer shorter periods of
license suspension for repeat DUI offenders who install a device. The DMV studies
showed that a combination of suspension and interlock installation affect a lower rate
of subsequent DUI offenses but currently only a small percentage of those eligible
apply for a restricted license. A shorter license suspension period would likely result
in more offenders taking advantage of the interlock option.
To improve interagency communication, the DMV could place interlock
license restrictions on anyone convicted of a DWS-DUI, regardless of their court
sentence, and devise a new system for tracking offenders arrested for a DWS-DUI
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their hard license suspension period by doubling their interlock installation period
(Schonfeld & Sheehan, 2004). Offenders may apply to the program at the completion
of half of their original mandatory hard suspension, which is no longer than one year
in length. However, preliminary alcohol evaluations are completed to determine if the
individual suffers from a medical addiction. Those who do demonstrate an alcohol
addiction are not permitted to enroll in the program. At a minimum, program
participants are required to complete alcohol counseling sessions at the beginning and
end of their enrollment (Coxon, 2004).
Integrating the interlock program into Southern Australias drink-driving
measures has presented several difficulties. The biggest obstacle to full
implementation has been a participation rate that hovers near two percent. Associated
costs, including $55 a month for counseling and $170 a month for device
maintenance, discourage offenders from enrolling in the program. Furthermore, few
qualify for the fee reduction awarded to those who fall below a certain financial level.
In addition, a lack of public education on the interlock program and its provisions has
left many unaware of the option. Participating in the program is also difficult for
drivers who need to use two vehicles because doing so would create twice as great a
cost. Furthermore, the risks of apprehension while driving on a suspended license are
slim, and in many cases offenders have found it easier to endure the longer
suspension period rather than satisfy the interlock programs requirements. As a result
of these factors, low participation rates have persisted. At the programs inception in
2001, 3,000 offenders were eligible for interlock installation, yet in September of
2003 only 107 participants had enrolled (Coxon, 2004).
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required to order the device for all repeat offenders and may do so for serious firsttime offenders at their discretion.
The enrollment period ranges from six months to three years, and conditions
depend on previous offenses and BAC level at the time of arrest. The courts are at
their discretion to order at least six months on the device for any first time offenders
who record a BAC above 0.15 at the time of their arrest. Two-time offenders are
subject to a year-long license suspension followed by sixth months on the interlock.
When the second offense is recorded with a BAC above 0.15, the repeat offender
must complete a 30 month license suspension and three years on the device. An
individual convicted of three or more offenses within 10 years is subject to a yearlong license suspension followed by three years in the interlock program.
Furthermore, any offender who records a BAC above 0.15 is fined an additional
$240-$420. In addition to mandatory installation, the interlock is also available on a
voluntary basis for young drivers and fleet drivers and is marketed to school councils,
unions, and employers (Swann, 2003).
At installation the interlock is set to a BAC level of 0.02; any participant who
registers a BAC above this level is unable to start their vehicle. Zero BAC levels are
set for certain higher risk groups including taxi drivers, probationary and learner
drivers, drivers of large vehicles, and driving instructors. Currently Guardian
Interlock is the only approved vendor for the Victorian program (Coxon, 2004).
Once participants have completed their interlock sentence, they must apply for an
Interlock Condition Removal Order (ICRO) (Swann, 2003). This process might
require offenders to complete a drink-driving education course or an alcohol addiction
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assessment and subsequent treatment program. The offender must then apply for
license reinstatement, at which time officials will evaluate their files to ensure they
have successfully completed the terms of their sentence. Should the Magistrates
Court deem it necessary, they can refuse the offenders request for reinstatement and
extend their original sentence for a longer period on the interlock.
Officials in Victoria face the same issues of compliance as interlock
administrators in the U.S. To encourage compliance with program provisions,
interlock officials rely on device data reporting, penalties for program violations, and
financial incentives for good behavior. Monthly data reports factor into the
Magistrates Courts decision-making process when evaluating offender requests for
license reinstatement. Records showing multiple failed tests demonstrate a level of
non-compliance that could cost offenders their ICRO request and earn them
additional time in the program. Violating the terms of the program could also translate
into fines reaching $3,000, incarceration for up to four months, or vehicle
impoundment for a year (Swann, 2003). Participants who demonstrate consistent
compliance are rewarded financially as they are only required to service their device,
and pay the associated fees, every two to three months rather than monthly (Swann,
2003).
To address the financial difficulties of indigent participants, the Victorian
government instituted a cost reduction of 50 dollars per month for those who are
eligible for government subsidized healthcare (Swann, 2003). The cost of the fee
reduction is diffused through other participants.
Some program officials are concerned that the length of hard suspension
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entices participants to ignore their sentence and drive regardless (Schonfeld &
Sheehan, 2004). Although incarceration for repeat offenders would solve this
particular issue of non-compliance, the interlock is a much less costly and socially
disruptive option, and provides an opportunity for driver rehabilitation. As of January
2005, TIRF reported a 79 percent participation rate in the Victoria interlock program,
establishing it as a leader in the field.
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and that commercial drivers be included (Bjerre & Laurell, 2000). North American
programs had thus far been directed mainly at prohibiting drinking and driving while
installed and therefore had produced few long-term rehabilitative effects. Swedish
officials recognized that of the approximately 13,000 citizens convicted of a DUI
each year, most belonged to a larger demographic of 300,000 with a medical alcohol
dependency. In turn, their program would be a multifaceted attempt to correct overall
drinking behavior in these individuals (Bjerre & Laurell, 2000). The program was
integrated into an already stringent system of drink driving prevention that includes a
legal BAC limit of 0.02 percent, license revocation for anyone with a BAC higher
than 0.10 percent at their DUI conviction, and medical requirements for licensing that
prohibit a person with a demonstrated physical alcohol dependency from retaining
their license (Bjerre & Laurell, 2000). This was a tremendous difference from the
reaction in North America, where government and highway authorities generally
constituted the only serious support for interlock technology and trial programs
targeted narrow DUI demographics. Such widespread support for the devices, even
before a pilot program had been implemented or results analyzed, demonstrated the
countrys enthusiasm for the program.
Current Law
Swedish Parliament enacted a 5-year pilot program in three of the countrys
21 counties in 1999; by the end of the year, 100 offenders had installed interlocks on
their vehicles. The explicit goal of the program was to determine any repercussions
the devices held for road safety and the extent of their long-term effects (Bjerre &
Laurell, 2000). Participants on the program agreed to install the device for two years
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and undergo a bimonthly maintenance and in turn were absolved from any suspension
period. The program required a bimonthly maintenance check where vendors
uploaded results from each device onto a secure Internet database that allowed
program administrators to easily track participant records (Allo, 2000). During this
period, participants also underwent mandatory physical examinations every three
months. After a year on the device, they were required to demonstrate a sober lifestyle
through biological markers and Alcohol Use Disorders Inventory questionnaires
(AUDIT). Failure to do so, physical evidence of other drug use, or an excess of failed
attempts on the device resulted in the participants expulsion from the program (Allo,
2000). Three months after completing the program, participants that met the
biological standards for sobriety were issued a full license. A final follow-up survey
two years later was scheduled to evaluate lasting effects (Bjerre & Laurell, 2000).
Pursuant to encouraging preliminary results, a proposal was sent to Parliament
in 2003 to extend the program to all counties and all drivers license categories
(Bjerre, 2003).
Challenges
Swedens interlock program is voluntary and administrative by nature, so
judicial compliance has not played a role in implementation. However, Swedish
authorities do face the challenge other jurisdictions have of attracting participants to
the program of their own free will. DUI penalties in the country are severe, police
officers can perform breath tests on any driver without probable cause, and the legal
BAC level of 0.02 is one-fourth that in the United States. Swedish citizens are
familiar with these strict laws, which help shape the countrys drinking culture
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(Valenti, 2005). This indicates that those who still choose to drink and drive are most
often those who are physically dependent on alcohol. For these individuals to
willingly participate and succeed in an interlock program that requires frequent
medical check-ups and verification of a sober lifestyle, they must truly be willing to
alter their drinking behavior. As a result, participation rates are low. A seven-year
study in progress by the Swedish National Road Administration found that only 11
percent of eligible DUI offenders, 285 people total, in the three pilot counties chose to
participate in the program during the period studied and that 60 percent of these
individuals were alcohol dependent or alcohol abusers (Bjerre, 2003). Many offenders
who chose not to participate said a major factor in their decision was the programs
high costs, totaling approximately $5,000-6,200 per year, all of which are covered by
the participant. It is also possible some preferred to take the risk of driving on a
suspended license (Bjerre & Laurell, 2000).
Though the programs rigorous medical stipulations did not seem to be a
major deterrent for those who did not enroll, they did have a sizeable impact on the
number of participants who completed the program successfully. During the two-year
period, twenty percent were removed from the program for failure to demonstrate a
sober lifestyle or for repeated failed attempts to start the ignition. Others were
removed for evidence of other drug use or dropped early voluntarily. In all, just 60
people completed the program in its first two years (Bjerre, 2003).
Success
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These participation and success rates are low but not abysmal for a program in
its earliest stages, and there are many indications that Swedens program will only
continue to grow and thrive as it matures. To begin, the reason given by those who
did not participate, namely the continued costs of the program, bode well for a
program with such high physical demands. Few people listed the medical
requirements or the focus on rehabilitation as a deterrent from enrolling, which likely
derives from the Swedish national attitude towards drinking and driving. Thus, the
main problem with low enrollment was not the nature of the program but the cost, a
tangible factor that can be adjusted or subsidized if desired. Furthermore, while no
data is yet available as to the lasting impact of the devices on participants drinking
behavior and recidivism, all demonstrated significant decreases in their biological
markers and better AUDIT scores throughout the program. This signifies a marked
decrease in alcohol consumption that program administrators hope will be permanent.
Future
Even before comprehensive data on the effectiveness of the pilot program
could be compiled, government and private entities continued to move ahead with
interlock implementation through various initiatives. Soon after the advent of the
program, the Swedish National Road Administration and three private companies
began another two-year test program to evaluate the devices use in trucks, buses and
taxicabs, thereby satisfying one of the administrations original proposals (Allo,
2000).
More recently, the administration sought to integrate an interlock option into
the Swedish Drivers License Act and install the devices for any citizen who
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Findings
Results of Survey Methodology
Due to extremely low return rates, our survey endeavor proved a far less
useful research method than expected. Several months after delivering the surveys
team representatives contacted each vendor to inquire about survey participation. All
reported a poor response rate and ultimately only two completed surveys were
retrieved from the Draeger location. In subsequent conversations with Draeger
representatives we discovered that even these responses had been influenced by the
way in which the vendor had administered the surveys in an attempt to positively
skew responses.
Following our first unsuccessful attempt at distribution, we posted a similar
survey online using the University of Maryland Office of Information Technology
survey tool. With the assistance of Jane Valenzia at the MVA, we included a
description of the survey and directions to the website in the monthly mailing to
interlock users across the state. Still, only seven participants responded to our survey,
falling far short of a statistically significant sample size.
While the results are not statistically significant, they do help illustrate some
of the themes we uncovered in our research. Regarding program participation,
respondents said warm-up times and false positives made the device inconvenient,
and that the associated initial and monthly costs seemed exorbitant. Although
offender convenience should not be a primary focus for program administrators,
improvements in these areas may increase acceptance of the interlock program and
facilitate its growth. Respondents did not seem to advocate the implementation of any
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alternative device, but did report that rolling retests were often a distraction and
inconvenience especially in high traffic situations. Yet overall, offenders maintained
that despite its problems, the interlock program is worthwhile and should be
expanded.
How offenders view the interlock program is an important factor in its
integration and deserves further research. Our discouraging survey response rate was
likely due to faulty distribution methods, and we recommend future studies endeavor
to engage in more personal contact with participants. Distributing the surveys
directly, rather than through vendors, would allow researchers to avoid the risk of
compromised results. In addition, offering incentives for survey completion would
increase the response rate.
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Assurance Program for the Pennsylvania DUI association, agreed that the general
public would remain wary of the tandem interlock until additional information was
provided on the devices structure and reliability (L. Kerr, personal communication,
October, 2004).
The experts were also asked for their own thoughts on the benefits and
drawbacks inherent in passive sensors. The most significant benefits they noted are
that users are not required to provide a breath sample each time they start their
vehicle, and that the sensors give probation officers an additional measure for
supervising offenders (R. Voas, D. Molloy, personal communication, October, 2004).
The experts also noted critical weaknesses in the passive sensor technology. Because
the sensors detect alcohol from other sources and are sensitive to outside chemicals
such as cigarette smoke, they would quickly deteriorate (R. Voas, personal
communication, October, 2004). Also, passive sensors are more geared towards
detecting the presence of alcohol rather than a users BAC; in this way they are less
aggressive than traditional interlocks in determining the level of driver intoxication
(D.Molloy, I. Marples, personal communication, October 2004). Finally, before
placing tandem devices on the market at all, interlock laws would have to be revised
to incorporate the new technology (L. Kerr, personal communication, October, 2004).
The experts interviewed provided a range of suggestions as to how current
interlocks could be most improved. According to their responses, they believe the
devices should be able to detect who provides each breath sample and should be
altered so that they are more reliable during adverse weather conditions and do not
retain as much moisture (R. Voas, D. Holt, L. Kerr, personal communication, October,
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2004). Several experts suggested alterations to make the device more appealing to
offenders, such as creating a more aesthetically pleasing model, reducing costs, and
reducing the length of blow time required for a breath sample (M. Scheiner, S. Satya,
L. Kerr, personal communication, October, 2004). With regards to administration and
legislation, experts felt interlock laws and standards should be amended as technology
advances and that data logs should be automated and made easier for officers to
download to determine if an offender requires closer monitoring. (I. Marples, K.
Beck, personal communication, October, 2004).
The interviews also gave insight into how the program aspect of the interlock
system could be made more efficient. To begin, experts agreed better communication
between all agents is crucial to improving offender monitoring. Specifically, interlock
manufacturers and the judicial system must improve their partnership, and
manufacturers and providers should undertake greater efforts to educate the general
public, law enforcement community, and judicial system about interlock devices (D.
Molloy, M. Scheiner, D. Holt, personal communication, October, 2004). As a result,
officers will be more comfortable working with the device and more familiar with
how it operates, and judges will be more aware of the devices benefits and less
hesitant to sentence offenders to the interlock program (D. Molloy, D. Holt, personal
communication, October, 2004). The interviews also revealed a need for increased
support from law enforcement officials to deter device tampering and circumvention
(D. Holt, L. Kerr, personal communication, October, 2004). Voas suggested program
administrators analyze interlock data to predict likely repeat offenders and determine
an appropriate time-length for installation (personal communication, October, 2004).
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For instance, a participant who repeatedly records high BAC levels is likely to repeat
offend once the interlock is removed from his or her vehicle. In such instances,
administrators can use the data to extend the non-compliant offenders installation
period. Finally, the experts agreed that a manufacturer advocacy group is likely to
form in the near future. They felt such a group would be effective in improving
device standards, publicizing the interlock, and establishing a relationship with
insurance agencies to develop interlock discounts (R. Voas, D. Holt, I. Marples,
personal communication, October, 2004).
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Conclusions
Marylands Ideal Interlock System
Numerous legislative and administrative initiatives have advanced Marylands
ignition interlock program since its inception in 1989. Yet as our research has shown,
there is much left to do to maximize the effectiveness of enforcement, prosecution,
adjudication and sanctioning, and monitoring in the state. Officers, judges, and the
Motor Vehicle Administration are all key players in the interlock system and must
work collaboratively to effect substantial progress in those areas we have identified as
critical to the success the program. Before issuing concrete recommendations for
system improvement, it is necessary to describe Marylands ideal interlock system.
To begin, DWI enforcement officers, judges, and MVA administrators will all
have access to complete and timely information in the ideal system. The existence of
a centralized database which stores complete criminal and administrative information
on each program participant will ensure a free flow of information and easy access for
all parties. Service providers will play a crucial role in maintaining the database as
they will be required to upload the monthly data log for each participant from their
own data loggers, thereby ensuring up-to-date information.
Enhanced communication will be coupled with ongoing educational efforts to
disseminate information among judges and probation officers. Evolving interlock
technology and legislation will continue to significantly alter the interlock program in
the future, and judges and officers must understand the developments in order to
assign and monitor appropriate sanctions. Federal and state changes in legislation are
also likely to impact Marylands program, and again it is vital that all parties are
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aware of these changes and understand their implications for sentencing. Training
workshops and mentoring programs for the criminal system officials will be critical to
the long term effectiveness of adjudicating, sanctioning, enforcing, and monitoring
offenders.
Because many offenders continue to drive on suspended license, the two-year
mandatory license suspension period is not always effective. Furthermore, individuals
that have grown accustomed to driving while suspended are far less likely to opt into
the interlock program for their second year. To encourage more offenders to enter the
interlock program, legislation will be enacted to remove the suspension condition
from DWI sentencing. In place of the suspension sanction, offenders will be subject
either to vehicle impoundment or immediate interlock installation on all vehicles.
Additional legislation will be enacted to ensure hard-core offenders, offenders who
refuse BAC tests, and offenders who fail to appear in court face harsher penalties and
fines. Furthermore, BAC-aggravated legislation will mandate longer installation
periods for those offenders who record high BAC levels at the time of arrest and are
more likely to recidivate once removed from the program. Test refusal penalties will
be strengthened to ensure repeat offenders receive proportionally harsher sanctions
for refusing a BAC test at arrest. The centralized database will allow judges to
identify and monitor offenders who fail to appear in court, and subject them to stricter
sentences to deter further attempts at circumventing the system.
Treatment programs will be a critical component of Marylands ideal interlock
program and offenders will face tiered consequences depending on their participation
in a series of mandatory treatment sessions. Offenders who actively engage in
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treatment will be rewarded with shortened installation periods, while those who resist
treatment or fail to comply with program requirements will remain on the program
until they have demonstrated consistent adherence to the requirements and a change
in drinking and driving behavior. To assess the risk of recidivism, each offender
database record will be assessed to identify high BAC violations or repeated failed
starting attempts and rolling retests. These individuals will require more intensive
treatment sessions and extended installation. Conversely, offenders who rarely fail
tests and consistently record low BAC levels will be rewarded with a reduced number
of mandatory treatment sessions and a shortened program participation period.
The underlying tie between all components in the ideal interlock system is full
integration of people and technology. In each part of the system, the centralized
database will be critical in facilitating communication and the transfer of information
between parties. The basic infrastructure of Marylands interlock program is already
in place. From here, officers, judges, MVA administrators, and service providers must
work to build a more comprehensive and informed system that can adapt in a field
marked by continual advancements. As new technologies develop, new legislation is
enacted, and more offenders enter the interlock system, it is imperative that
Marylands interlock system be adequately prepared.
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collaborate to identify and correct problems in the program and ensure no single
agent faces insurmountable challenges to completing their tasks effectively.
As paperwork has repeatedly been noted as a significant problem by judges
and enforcement officials, the courts and the interlock parole department should
develop standardized reporting forms. This way each DWI case to come before a
judge, regardless of the sentence, and each incident between a parole officer and
offender would be reported in the same manner. There would be far less room for
error, and as officials familiarized themselves with the system, it would ease the
process of submitting forms to the MVA.
While the primary standardized forms will likely be in paper format, all
interlock agents should begin efforts to computerize their procedures. Electronic
reporting forms were suggested in several TIRF studies as a way to further reduce the
amount of time spent on paperwork, and would be extremely helpful in Maryland. In
addition, agents can easily search through these forms for certain information, or
transmit them among agencies.
To improve information-sharing with offenders, the MVA should feature a
page on their official website that is interlock-specific. Already in place in states like
New Mexico, the site should include information on vendors, program requirements,
and frequently asked questions. As of spring 2006, the MVA had created such a web
page and was awaiting final approval to post it online.
Long Term Goals
In the next 8-10 years, Maryland should move towards the development of a
central database that details the history and program progress of every offender on the
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interlock. Every court clerk, parole officer, and MVA administrator would receive a
login identity and password to enter the system and upload the most current offender
information. The information would be available to all officials in real time, thereby
eliminating much of the need for file and information transfers.
Every piece of information regarding an offenders DWI history, including
any plea bargains, would be available in the database. This would assist the judges
and parole officers in the TIRF report who are unable to access criminal history for
their offenders. A clear and comprehensive record of past offenses would ensure that
DWI offenders are sentenced appropriately. Parole officers could also log each
communication between themselves and their offenders to keep track of who requires
further attention.
MVA administrators would be able to keep a running list of any participant
issues and set up the system to flag offenders who repeatedly violate their terms. They
could also input other general information such as an offenders primary vendor
location, their program entry date, and their projected program termination date. This
database would ensure that all involved in the interlock process can access any
information they need, and that all new information is updated and saved
immediately. The program would require a good deal of inter-agent cooperation,
made easier with the creation of the task force, as well as software development and
training for program officials. Still, the efforts to install and maintain this system
would be far outweighed by the benefit of highly effective program monitoring.
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Ideal Program
In Marylands ideal interlock program, all parties would operate at the highest
level of efficiency through a rapid and free flow of information. As inter-agency
communication is enhanced, officers, judges, vendors and administrators will be more
prepared and informed to make decisions regarding sentencing and monitoring.
Though all parties will continue to play a unique role in the interlock system,
maximizing communication between the actors would essentially create single unit
capable of effective and comprehensive action.
Training
Current State
Training standards for judges and officers in the DWI system merit serious
attention when considering how to improve Marylands interlock program.
Specifically, providing judges and officers with more training on the collection of
evidence and the interpretation of evidence in the courts, or creating specialized DWI
courts would provide for more effective sanctioning and monitoring.
In the Maryland TIRF study, all judges reported having insufficient
knowledge about retrograde extrapolation or blood partition ratio. In addition, 82
percent of the judges reported that they rely on information from prosecutors in their
sentencing decisions. Eighty-one percent agreed that all professional groups would
benefit from more training (Robertson and Simpson, 2002).
Test refusal continues to pose a significant challenge to officer attempts at
data collection, as the exact BAC of the offender at the time of the offense cannot be
determined without a timely breath test (TIRF: Pennsylvania, 2002). To indicate the
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severity of the test refusal problem, half of the Pennsylvania judges surveyed by TIRF
feel the issue should be addressed through legislation, and many believe test refusals
should be permissible as evidence (TIRF: Pennsylvania, 2002). Yet until such
legislation is enacted, officers must be better trained in collecting accurate
information on the scene even in the absence of a breath test.
To improve training, Maryland should implement workshops for all judges
and officers who work with ignition interlock programs and sentencing, place greater
emphasis on peer-to-peer training in the field, and establish specialized DWI courts
run by judges who possess a high level of expertise in drink driving issues.
Short Term Recommendations
Within the next two years, Maryland should develop workshops and courses
geared towards training officers in collecting more comprehensive evidence and more
effectively monitoring program participants. Representatives from every facet of the
ignition interlock community should form a committee with experts in evidence
collection and interpretation to create a prototype for the workshops and discuss the
cost and logistics of the endeavor. The workshop curriculum should be developed by
experts who can predict what will best facilitate judicial understanding of the DWI
system. Curriculum and logistical considerations should begin immediately so trial
workshops can be put into place by 2008.
In accordance with views expressed in the TIRF study, retrograde
extrapolation and blood partition ratio, two DWI evidence collection techniques,
should be among the topics in workshop curriculum (TIRF: Pennsylvania, 2002).
Additional education in this technical area will reduce judicial reliance on prosecutors
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relationship with their assigned officers and would eliminate judicial oversight in case
management.
In the next five years, Maryland should work with judges and officers who are
interested in serving on specialized DWI courts. In addition to enrolling in the
aforementioned workshops and serving as mentors, these individuals should undergo
additional training to develop their system expertise. As trial courts are put in place,
administrators should continue to evaluate and fine-tune them and eventually
establish them as the prototypes for additional specialized courts.
Long Term Recommendations
In the next 8-10 years, every judge or officer who works with DWI cases
should have the opportunity to enroll in training workshops. To provide an added
incentive for workshop completion, the state could offer pay bonuses or extra
vacation time for any individual who enrolls. As more officers become experts in
evidence collection, they should provide on-the-job training for new officers to see
the process in action. Additionally, an increase in sober checkpoints, as are popular in
Sweden, will allow officers more practice in administering the breath test and
identifying other signs of intoxication.
With regards to mentoring, a full-scale system should be established within 810 years. Under the system, veteran judges and officers who have completed
workshop and leadership training would be paired with newer officials in a one-onone mentorship. Occasional group mentoring should also take place once every few
months where veteran judges and officers gather to share their experiences and
expertise with their younger colleagues.
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Also within 8-10 years, Maryland should have a solid system of specialized
DWI courts across the state. In time these courts will be permanently established as
the basis for the specialized DWI justice system.
Ideal Situation
In Marylands ideal system, all judges and officers in the criminal justice
system would be required to complete comprehensive training workshops before
presiding over DWI cases. The enhanced training would eliminate miscommunication
between parties due to a lack of knowledge, facilitate more appropriate sentencing,
and reduce judicial skepticism of the device and offender non-compliance.
Furthermore, once every judge has undergone accurate and detailed training in
evidence interpretation, DWI sentencing will be more standardized which will reduce
the occurrence of judge shopping.
Every judge or officer involved with ignition interlock cases would also be
required to partake in the peer-to-peer mentoring program. Appropriate
compensations would be awarded for this extra time commitment. Mentors would be
selected through an application process to ensure they are the most experienced and
capable of instruction.
Finally, judges and officers who handle DWI cases would be extensively
trained in the field and would operate within the specialized DWI court system. The
system would include ongoing training and workshops to account for developments
in the field. In addition, officers who specialize in interlock case management would
help reduce caseload for non-specialized officers.
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Technology Integration
Current State
The current system of information transfer between vendors and the MVA in
Marylands interlock system is extremely cumbersome and provides a barrier to
effective case management. Most problematic is the lack of standardization in the
forms and computer systems used by various vendors. Currently each of the four
vendors in the state uploads logging data into their own secure web site accessible to
program administrators. However these websites are all formatted differently and
include slightly different information, which complicates the data retrieval and
analysis process for the MVA staff. In addition, vendor websites are often unreliable
and can leave administrators waiting for hours until service becomes available again.
Administrators must often retrieve additional offender and vehicle information
from the MVA records database and the Digital Imagery Workstation Suite (DIWS)
system. This system contains scanned copies of all documents received by the MVA,
indexed by soundex, which generally is the same as the offenders license number.
Because it is impractical to digitally extract information from scanned documents,
MVA staffers who are searching for data within the DIWS system must take the time
scroll through numerous pages which may or may not contain the information they
need.
Record-keeping is complicated even further by the lack of a central database
available to MVA staff for their own case notes. While they are able to access vendor
sites, they cannot make changes or add notes to the data. Consequently,
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administrators lose all sense of historical context in case management as each record
check must be done from scratch and does not include prior information.
As a result, interlock case management at the MVA is far less efficient than it
should be. Administrators spend minutes retrieving information from multiple sources
as opposed to the mere seconds it would take to access one centralized database. With
the added inconvenience of frequent vendor website downtime, the information
technology system at the MVA leaves the staff little time to engage in personalized
case management. A more streamlined and efficient system would allow
administrators to handle more cases and spend additional time on specific offenders
when necessary.
Short Term
To address the information technology problem in the short term, our team is
developing a new software program, the Interlock Case Manager, in coordination
with the MVA. This program creates a single centralized database which
administrators can use to access vendor information and track their internal progress
on each case. With the new software, administrators can access a six-month data
history for each offender, which includes information such as the number of high
BAC alerts, number of vehicle starts, and miles driven for each month. They can also
document any MVA actions taken on the case for future reference.
Several challenges must be overcome in the next 2-5 years before the
Interlock Case Manager program can be successfully implemented. First, the MVA's
Office of Information Resources (OIR) must complete the software and integrate it
with the MVA's intranet. Due to privacy issues, the MVA was unable to provide our
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team with access to the MVA record database or intranet during development. Since
initial development was completed off-site, integration and testing may prove fairly
complex.
Second, all vendors must agree on and adhere to a strict data-upload schedule
to submit client data to the MVA via secure file transfer. Without vendor cooperation
on this point, the system will contain outdated information and be relatively useless to
administrators. All four vendors will need to modify their individual systems to
extract the data required by the Case Manager program in a precise format and devise
a way to automate the data uploads.
Finally, the MVA staff must undergo training before utilizing the Interlock
Case Manager. We have involved the interlock staff throughout the software planning
and development process and compiled a comprehensive users manual to ensure a
smooth transition and user acceptance.
Sweden has already implemented a similar system in its own interlock
program. Each interlock vendor enters the data recorded during monthly service visits
directly into a central secure website. From here, officials can search by offender for
the most up-to-date information. However, because at 900 participants the Swedish
interlock program is much smaller than most US programs, it is unclear how well
their system would scale to a higher-volume program such as Marylands.
Long Term
In the next 8-10 years, Maryland should work towards establishing a single
integrated database system accessible by the courts, probation officers, MVA,
vendors, and perhaps even participants. Such a database would eliminate the barriers
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breath test refusal and failure to appear in court. In many cases, individuals who do
not appear for their DWI court date are never pursued and evade prosecution entirely.
Repeat offenders are also able to avoid appropriate penalties when viewed by
the courts as first-offenders due to expunged records or plea bargaining. All too often,
these individuals find a way to navigate the system and serve a lesser sentence than
the mandated year-long interlock installation period they should receive.
Offenders who are placed in the program still face few penalties for noncompliance. The worst penalty, removal from the program, is reserved for those
participants who record a high BAC violation, operate a vehicle without an interlock,
miss a service appointment, or tamper with the device. However, there is no
additional punishment, nor is there a foolproof measure for preventing these
individuals from driving on suspended licenses.
In the same vein, program participants who follow requirements receive little
reward for their adherence. As such, there is little incentive for them to continue their
good behavior beyond remaining on the program.
Short Term Goals
Within the next 2-5 years, state officials should take steps towards full
enforcement of existing DWI penalties. Our survey of national and international
interlock programs demonstrated that the key to a successful penalty and fine system
is not only that it contains explicit consequences for various actions, but that they are
effectively implemented and enforced. With the framework for these penalties already
in place in Maryland, it falls to the courts, law enforcement officials, and program
administrators to ensure they are strictly followed.
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administrators should consider them for early removal from the program. A shortened
installation period would be an attractive incentive for compliance and should be
enacted for model participants.
Ideal Program
In short, Marylands ideal program would operate with strong consequences
for both positive and negative behavior. Existing laws and sentencing mandates be
fully enforced, and legislators and program administrators would be aware of
opportunities to enhance the penalty system and further encourage cooperation and
compliance. Marylands ideal interlock system would include sufficient penalties for
enforcing good behavior, as well as incentives to reward those who demonstrate
consistent compliance. In this way it would serve not only as a penalty, but also a
venue for permanently altering drink-driving behavior.
Treatment
Current State
In 1999, Dr. Kenneth Beck conducted a research study on the effects of
ignition interlock license restrictions on drivers with multiple alcohol offenses in
Maryland. The study concluded that recidivism rates fell while interlocks were
installed on offenders vehicles, but that they returned to normal levels once offenders
were released from the program. This indicates that interlock installation does not
significantly alter offenders drink-driving behavior and they are likely to recidivate
once they have completed the program.
Currently, interlock participants in Maryland who were referred by the
Medical Advisory Board (MAB) must actively participate in an alcohol treatment
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will require new legislation that gives the MVA the authority to base offenders
interlock program requirements on the BAC levels they record during their
installation periods.
To ensure changes in alcohol abuse behavior, the state should also consider
implementing some of the medical requirements used in Swedens program. By
evaluating key biological markers, administrators can detect whether offenders have
changed their alcohol habits. Those who have not should remain in the interlock
period until they can demonstrate a change in behavior. While Sweden has identified
specific biological markers for this purpose, researchers in the U.S. have thus far been
unable to do so.
Finally, Maryland should implement an after-care program to verify that
offenders are receiving effective treatment and do not recidivate when released from
the program. Follow-up requirements can be used to verify success and make
adjustments to the treatment requirements as needed. The overall goal in treatment
efforts should be a permanent alteration in negative alcohol abuse behavior.
Ideal Program
It is important to note that typically offenders are only on the interlock
program in Maryland for a period of one year. In terms of treatment efforts, one year
is not a significant amount of time to permanently alter an individuals drinkingdriving tendencies. Therefore, ideally participants would engage in a less-intensive
program, such as Alcoholics Anonymous, following their interlock period. In this way
the changes made during the interlock period will be internalized and reinforced
through their continued involvement with a support program.
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Legislation
Current State
At the start of each interlock initiative, the state must pass legislation to
establish the program specifics. This legislation is the backbone of the program and
theoretically guides the actions of all involved. Clear, well-stated regulations can
greatly increase judicial and offender compliance and effect a successful interlock
program.
Currently, Marylands interlock laws require repeat offenders those
convicted of two or more serious alcohol convictions within a five year period to
complete a year-long license suspension period before enrolling in the interlock
program. A tiered penalty system, based on the number of previous offenses and the
severity of the violation, denotes the installation period for each offender. In 2005,
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new laws passed that require interlock installation for all repeat offenders, however
judges are at their own discretion in assigning interlock installation for first time
offenders. The duration of time spent on the interlock is determined by the judge on a
case by case basis. Should a program participant record numerous failed breath tests
or receive an additional conviction while enrolled in the program, the length of their
sentence may be extended.
Though these laws officially govern the interlock system in Maryland, in
practice they lack the teeth to ensure compliance and are frequently ignored by judges
and offenders. Ambiguous language in the law allows for this disregard without
consequence. As new legislative action is considered per our previous
recommendations, the state must also take steps to reinforce existing laws and
increase sanctions for non-compliance with interlock statutes. They must also be
aware of additional areas where legislation could be enacted to eradicate barriers to
program effectiveness.
Short Term Goals
Though passing legislation is generally a tedious and drawn-out endeavor, the
state should begin the process of establishing a new legal framework for the interlock
system within the next 2-5 years. The first step toward the goal will be to establish a
lobbying group in the interlock community that can work with legislators to develop
guidelines for a more effective program. This lobbying group could conceivably be
derived from the inter-agency committee recommended to complete the training
recommendations. Establishing an interlock presence in the state legislature will be
the first crucial step towards passing initiatives.
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Also during this period, legislators should work with the interlock community
to amend existing laws so they are stronger and harder to circumvent. With regards to
judicial compliance, the state should pass legislation to suspend any judge who
ignores interlock mandates. To increase transparency of judicial actions and pressure
from the public, additional legislation should require judges to publish their decisions.
In an effort to enhance the effectiveness of the DWI court system, BAC test
refusal, failure to appear, and allowance of continuances and motions should be
addressed through legislation. Legislators should criminalize BAC test refusal, or at
the very least permit it as evidence during trial as many respondents in the TIRF study
suggested. In addition, a warrant for arrest should be issued for any DWI defendant
who fails to appear in court or adhere to an interlock sentence in order to deter
individuals from capitalizing on oversight in these areas. Legislators should also
consider limiting the number of continuances and motions allowed in DWI cases to
prevent delays and caseload backup. To address offender non-compliance while
enrolled in the program, the state should pass additional sanctions, such as
incarceration and vehicle impoundment, for anyone who violates the interlock
program requirements.
During this time period, legislators should enact any initiatives necessitated by
the recommendations previously made in the areas of communication, training,
technology integration, penalties and fines, and treatment. They should also order a
study to assess the state of Marylands program and necessary steps for improvement,
much like the study completed in California (DeYoung, 2002).
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the presence of the interlock community in the state legislature will add a sense of
urgency to program development initiatives and keep the interlock system in the
foreground of drink-driving debates.
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Limitations of Study
As interlocks continue to be one of the most debated methods of reducing
drink-driving, our team was aware we would be unable to fully address all facets of
the topic and all related literature in our three years. While we chose to center our
efforts around the topics of device improvement, program development and
information technology integration in Marylands interlock program, there are
countless other aspects of the interlock system that merit attention in future research
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endeavors. Even in our focused research, we chose to evaluate only five other
interlock programs due to time constraints. These programs were selected based on
their innovative requirements or their relative similarity to Maryland and were
believed to provide the best basis for comparison. Our research leaves untouched
dozens of other interlock programs throughout the world, all of which should be
assessed to determine which interlock practices are most effective.
Our method of first-hand data collection from individuals involved in the
interlock program introduced an element of bias into our study. Each expert interview
reflected the subjects personal views and experiences within the system. Also, our
survey results were impacted by the vendors who were responsible for actually
advertising and distributing them to customers. Their apprehension about the survey
content or questions might have led them to downplay circulation or influence
customer answers. Vendor involvement in the survey process likely affected the rate
of return, therefore limiting the statistical significance of the data, and may have
deterred participants from responding freely.
Finally, our study is limited by the rapidly evolving nature of interlock laws.
Even as we publish our findings, new studies may be completed and new laws
enacted which would outdate some of our analysis or recommendations.
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teleconferences with Jim Hergenhahn, our contact at OIR. We predict the biggest
challenge OIR will face in implementing the system is getting all four approved
vendors in Maryland to provide their data electronically to the MVA in the format
required by Interlock Case Manager.
Once we have transferred the project management to OIR, a series of steps
must still be taken before the software can be fully integrated into the MVA system.
First, OIR staff must write the remaining parts of the program, which we were unable
to implement due to time limitations and organizational access difficulties. The staff
must also establish a secure file upload location so vendors can provide logging data
directly to the MVA. All vendors must conform to a single data format for their
submissions which is compatible with the Case Manager program. Finally, they must
commit to a strict upload schedule to ensure the MVA database is always up-to-date.
Full software integration will require considerable coordination between the MVA
and the four Maryland vendors in adhering to a new standardized data format.
Because OIR prioritizes those projects which are mandated by legislation, it is
possible that the Interlock Case Manager will take several years to complete.
However the OIR staff has been wholly supportive of the project thus far and we are
confident that they will continue their efforts to fully implement the Interlock Case
Manager system.
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Introduction
Our final research question deals with technology. We would like to discover
how the in-vehicle alcohol detection concept can be improved with new and existing
technologies. These improvements may prove an important step toward mainstream
acceptance of ignition interlocks. In considering this research question, we weighed
heavily on the inconvenient characteristics of ignition interlock technology. Program
evaluations reveal consistently that interlock program participants are unhappy with
their ignition interlock testing procedures. Among many hassles of interlock testing is
the rolling retest. A fundamental flaw of active alcohol detection in a motor vehicle is
that it requires the driver to distract himself by providing breath samples directly into
a mouthpiece. A system that is able to test whether a driver has consumed alcohol
without an active breath sample would mitigate the retest issue altogether. Passive
alcohol detection is just this sort of process where the driver is tested for alcohol
consumption either at random or continuously throughout his drive without ever
being disturbed by the test. There are a great many emerging technologies that could
provide the basis for a passive alcohol detection device for a vehicle.
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Literature Review
Electroencephalography
The effect of alcohol on the human brain is another physical observable that
scientists believe may prove useful in testing an individuals sobriety. Alcohol has
various effects on the brain that have been studied but are not yet completely
understood (Eckardt, File, Gessas, Grant, Guerri, Hoffman, Kalant, Koob, Li &
Tabakoff, 1998). Electroencephalography is a modern approach to studying brain
activity. Electrical signals are measured through the electrodes on a persons scalp
using an instrument called an electroencephalograph (EEG). EEGs amplify these
signals and output a series of waves. These waves vary in frequency and are
associated with different cognitive processes. There are five classifications of waves
based on frequency: delta (0.5 3 Hz), theta (3.5 7.5 Hz), alpha (8 -11.5 Hz), beta
(12 28 Hz), and gamma (28.5 50 Hz). When a person is resting, brain waves are
often random. However, if a person reacts to a particular event, specific brain waves
are emphasized depending on the stimulus (Porjesz, 2003).
One study attempted to determine whether there was an existing correlation
between the immediate effects of alcohol consumption and EEG frequencies (Lukas,
Mendelson, Benedikt & Jones, 1986). The experiment examined the effect of alcohol
on 18 men between the ages of 21 and 35. To control external variables, all subjects
were social drinkers and none had a history of alcohol abuse.
The Lukas study tested a placebo group against a small alcohol-dosage control
group; the alcohol was administered via double blind conditions. The placebo
contained a small amount of alcohol, but the effect of the alcohol on the subjects
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blood alcohol content was extremely low. Following each treatment of alcohol,
subjects were continuously monitored by an EEG. The results of the study indeed
indicated a measurable brain wave difference between a person who is sober and who
is intoxicated. Measurements showed that, as subjects became more intoxicated, the
alpha frequency in their brains intensified (Lukas, 1986).
Over time, EEG technology and analysis has become more sophisticated. In
2002, a novel method for EEG analysis was able to reliably differentiate the effects of
alcohol from those of other drugs. Four electrodes were surgically implanted in the
brains of six rats for EEG readings, and trial drugs used included saline, ethanol,
heroin, and methamphetamine. Only three channels were used for the EEG, which is
far less than the traditional number of channels used to analyze brain activity in
humans. Implementing a signal processing strategy known as event resolution
imaging (ERI), the authors were able to accurately distinguish between the control,
saline, and the other potent substances. ERI analysis quickly detected the central
nervous system effects of all drugs within 10 seconds of injection and was able to
discriminate the brain waves caused by alcohol from some select trials. These
findings indicate that ERI could potentially be used to detect significant alcohol
intoxication in humans (Steffensen, 2002). However, because the researchers used
animal subjects instead of humans, additional studies of ERI must be conducted
before this method could be useful.
Another study aimed to determine the effect of alcohol on the mediofrontal
cortex in the human brain (Ridderinkhof, de Vlugt, Bramlage, Spaan, Elton, Snel &
Band, 2002). Subjects were asked to complete a simple task after receiving either a
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placebo, or a small or higher dosage of alcohol, depending on the control group they
were assigned to. While the placebo in this experiment contained no alcohol, subjects
in the small dosage control group received enough alcohol to reach a BAC of 0.04
and subjects in the higher dosage control group received enough alcohol to reach a
BAC of 0.10. After receiving the appropriate substance, subjects were presented with
a flanker task. The task was to identify the direction of a pointing arrow, while
ignoring other arrows pointing in various directions. While the subjects were
completing this task, researchers observed their error-related negativity (ERN), and
event-related brain potential (ERP). ERN reflects the activity of a preconscious
action-monitoring system in the brain (Riddernekoff et al, pp 2210, 2002). The ERN
can be examined to determine that whether the brain is conscious of errors in
processing during certain tasks. The findings of this experiment indicated that there is
a correlation between the amount of alcohol a person has consumed and the
amplitude of their ERN. This finding may also provide an insight into why alcohol
consumption leads to inadequate performance in tasks such as driving a car.
The concept of using EEGs to determine intoxication provides an interesting
avenue for the ignition interlock device. The primary goal of an ignition interlock
device is to quantitatively measure a driver's level of intoxication and prevent that
person from starting the vehicle if necessary. Secondary factors in IIDs, such as
invasiveness and cost, are areas that leave much room for improvement. The EEG and
ERN studies provide evidence that an individuals sobriety can be measured via their
brainwaves (Lukas et al., 1986 & Ridderinkhof et al., 2002). EEGs provide a possible
alternative to the current breath alcohol analysis systems, however the shortcomings
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of an EEG based IID is that it may not be any less invasive than existing devices. If
the technology must be physically attached to a persons head, then it is likely more
invasive than having to blow into a tube. If a novel method of EEG measurement did
not require significant contact with the subject, this technology would have potential.
The issue of cost efficiency must also be considered in product design. An
EEG-based device may not be any more cost effective than current technologies.
Such a system would require extensive maintenance and calibration. In this aspect, an
EEG may not have any advantages over existing systems. Some groups have
demonstrated a way to build an EEG for less than $200, but these devices do not live
up to the safety and accuracy standards of commercial products (The ModularEEG,
2001). Another commercially available EEG known as HAL-4 comes as a kit for
$279. This device is provided with four channels for EEG measurements, which will
not be significant in human response research (Creative Control Concepts, 2000). In
contrast, popular and standardized EEGs require 32 or more channels and can cost
tens of thousands of dollars. This ensures safety and accuracy for many researchers.
Another shortcoming of EEGs is that they do not tell an individuals exact
BAC; in the eyes of the law, this is an important distinction and more extensive
testing could be done to determine how accurate an EEG is in determining a persons
impairment. Such a test, to provide more useful information than that which is
currently available, would require a larger test sample as well as a larger range of
BACs. For our teams purposes, EEGs were available throughout the University of
Maryland campus for experimental research. There is not a large amount of
information on how alcohol affects the brain, though EEGs provide an interesting
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option for a new IID design (Eckhardt et al., 1998). However, to create a reliable
device that uses an EEG as a method of measuring sobriety would require a good deal
of experimental research.
An additional deterrent to this direction was research that showed the
variability of human EEG patterns. The Steffensen study revealed that various drugs
cause significant changes in brain waves and it is not always possible to differentiate
the effects of alcohol from those other drugs. Therefore, a major challenge would
have been to prove that some EEG patterns were a direct response to alcohol.
Some researchers have found that alcoholics and non-alcoholics have different
EEG responses to doses of alcohol. This knowledge has been used to determine how
likely alcoholism is in some people (Porjesz, 2003). Thus, we know that there is no
one specific human reaction to alcohol that could be determined. However, if a
general pattern was found that indicated poor coordination or impairment, then an IID
that is non-specific to alcohol could be implemented.
There are also factors unrelated to drugs which affect EEG patterns. A recent
study published in 2005 reported difference in brain waves patterns in people who
have depression. Subjects suffering from depression had significantly more delta
wave activity. Researchers also found significant variations in subjects' EEG patterns
based on health, age, and gender (Morgan, 2005). This strongly suggests that various
factors unrelated to drug use can change the brain waves of any individual, so it may
be very difficult to prove that a specific trend of waves is directly related to drug use.
Transdermal
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Vestibular
Another approach we investigated as a potential noninvasive method for
detecting impairment in a driver was the human vestibular system. The vestibular
system gives a person their sense of balance, which is one of the many functions that
become impaired when a person becomes intoxicated. Scientific studies suggest that
the reason for this loss of balance during intoxication is a change in specific gravity
of the endolymph causing positional alcohol nystagmus, which has an effect like
vertigo (Brandt, 1991). The alcohol absorbs and diffuses differently through the
endolymph and cupula, which creates a differential between the two. Alcohol intake
reduces the density of the endolymph causing the abnormal differential between the
endolymph and the cupula fluid causing unusual floating dynamics and thus the
nystagmus (Brandt, 1991). An additional benefit that would come with measuring a
disturbance in the vestibular system is that impairment in general would be tested. If
for any reason a persons vestibular system was awry that person would be unfit to
drive a vehicle, so a system that dealt with vestibular dysfunction would safe guard
against more than just alcohol intoxication.
Unfortunately, measuring the specific gravity of the endolymph is not easy to
do in a timely, cheap, and noninvasive manner, which is a necessary component to the
technology that will fit with our teams mission. We had to reject this possible
approach to measuring impairment because the logistics of the technology were
inappropriate, not because the theory was unfounded.
Motor Skills
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categorized as moderate social drinkers. The experiments had three control groups:
one group received a placebo, one a small alcohol dosage (.33mL), and one a large
alcohol dosage (1.00mL). Subjects were prohibited from eating and drinking for the
three hours prior to the experiment and were prohibited from ingesting any drugs 24
hours prior to the experiment. After 15 minutes of consuming whichever substance
they were assigned, subjects were seated and given a hand switch. They were then
instructed to respond as quickly as possible, using the switch, after either a tone was
produced (auditory stimulus) or the light bulb lit (visual stimulus). The experiment
used a mean reaction time of 3.75 seconds, allowing for +-1.25 second error. Each
experiment lasted 30 minutes and presented 480 signals with a 10 signal warm-up
period.
In Gustafsons (1986) auditory experiment, results showed that all treatments
ultimately increased the subjects reaction times. For the placebo and small dosage,
there was a small but considerable change. In the large dosage, the change was
obvious and significant. It is important to note that the alcohol did not affect the
subjects reactions time for the first five minutes; in fact, there was no obvious change
until 15 minutes later. Since the effects of alcohol were only apparent over a
prolonged period of time, the results demonstrate the importance of continuously
tracking the effects of alcohol on reaction time.
Conversely, Gustafsons (1986) visual experiment results showed no
significant effect on the overall mean of subject reaction time. While the group who
received high dosage treatment showed an obvious increase in reaction times, both
the placebo and small dosage treatments induced no significant change in subjects. As
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in auditory test, the first five minutes following the treatment yielded no quantifiable
change in reaction time. The decreased sensitivity in visual as compared to auditory
organs might be used to explain the problems in this particular experiment, however,
this theory seems highly unlikely to Gustafson. Visual stimulus tests are also less
rigorous for subjects to perform under the influence of alcohol, which may be another
factor in the experimental problems. Furthermore, blinking may have an effect on the
subject of a visual test that it would obviously not have on the subject of an auditory
stimulus test. Ultimately, Gustafsons study was unable to give a consistent overall
change in reaction times over an extended period of time.
Research has also been conducted in the area of behavioral parameters, as
measured by changes in vehicle parameters, to measure the effects of alcohol
consumption. In order to correlate the results to intoxication, physiological
parameters were simultaneously measured in the forms of brain wave and
cardiovascular measurements calculated with electroencephalographs (EEGs) and
electrocardiographs (ECGs) (Brookhuis & De Waard, 1993). An earlier study by
Dingus, Lenora, and Wierwille used a simulator to concurrently examine eyelid
closure, lane position, yaw deviation, heart rate, and simulated lateral acceleration.
This experiment, which implemented control groups for ensured validity, tested the
effects of intoxication and drowsiness in much the same way the as later study by
Brookhuis and De Waard. Brookhuis and De Waard conducted an experiment that
included twenty paid male volunteers with drivers licenses and a specified amount of
driving experience. Exclusion criteria, such as a history of alcohol or drug abuse, use
of medication, and relevant diseases and disorders, were also used for safety and
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ethical reasons. The tests were performed in a tailored Volvo 245 GLD that had
structural modifications and custom devices installed for parameter measurement.
The structural modifications encompassed additional safety features, such as controls
which allow a front-seat passenger to take control of the vehicle should a test subject
became a driving hazard.
The actual experimental procedure of Brookhuis and DeWaard (1993) began
with a dress rehearsal to familiarize subjects with the procedure before their results
were recorded. The experiment included days which tested subjects without alcohol
as well as days which incorporated the alcohol factor into tests. A simple breathalyzer
was used to measure subject BAC, which was never permitted to exceed legal limit,
0.05 at the time, in The Netherlands where the experiment was performed. The
driving tests were performed on quiet but open highways where the subject in the test
car was instructed to follow a lead car. Data was recorded by the EEG, ECG, and
monitoring devices describing the subjects following accuracy and such vehicle
parameters as lateral position in the driving lanes, and steering wheel movements.
The study showed that a driver-monitoring device based on vehicle parameters alone
is realistic and feasible; the EEG measurements were proven to be efficient predictors
of behavioral changes. While reservations remained as to whether alcohol was the
sole source of the behavioral and vehicle parameters changes, the data largely
supports the correlation.
Fuel Cells
In the field of breath-alcohol analysis, the most widely accepted method for
portable measurements is electrochemical oxidation. Also called fuel cell technology,
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readings in one out of eight trials where no alcohol was present. The Life-Loc sensor
was capable of correctly detecting alcohol in 75% of subjects whose BACs are 0.10
and 97% of those with BACs of 0.15 or higher; it registered positives in one out of
every five case where no alcohol is present.
It is hard to take much from this data because the study was conducted many
years ago and the fuel cell sensor technology has since been updated. However, both
devices operate on the same principles as those manufactured today. As such, one can
extrapolate that there is at the very least a potential for passive alcohol sensing to be
applied in any situation where high BACs are extremely hazardous. While operating
an automobile is such a situation, most states place the legal limit of BAC while one
is operating a vehicle at or below 0.10.
In another laboratory study of passive alcohol sensors (Fiorentino, 1997, p.
539) three separate devices were tested under controlled laboratory conditions. Fortyeight human subjects provided breath samples on the three devices. The study used a
separate group design. Researchers assigned subjects to a device through a random
procedure. Researchers tested devices at their recommended sampling ranges. One
instrument recommended measurements be taken at the 5-7.5 inch range. The other
two allowed for measurements to be taken at variable ranges with the expectation of
different accuracies. For these two devices, researchers performed the experiment at
the 6 and 8 inch ranges. The study tested samples of breath containing 0.00, 0.04, and
0.08 alcohol concentrations. During the experiment, researchers took readings from
the passive sensors and then compared those with the readings given by an alcohol
measurement device that requires an active breath sample, an Intoxilyzer model
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breathalyzer.
The sensors generally produced lower and more variable readings than the
Intoxilyzer. Throughout the trials, no sensor produced a false positive reading. From
these data, there is no strong argument for the expanded use of passive alcohol
sensors as a replacement for current technology that relies on active breath samples.
However, findings from the study do support the use of passive alcohol sensors in
conjunction with other alcohol detection techniques and devices such as the standard
field sobriety test or the Intoxilyzer that was used in the study. The author of this
study, Mr. Dary Fiorentino, does lend his support to such uses in his conclusions
(540). The fact that there were no false positive readings from the passive instrument
in this study is particularly encouraging.
Chemists hired by the Wisconsin Department of Transportation conducted
rigorous assessments of six passive alcohol sensors (Wisconsin Department of
Transportation [WisDOT], 2002, p.44). The sensors in this study though
manufactured by different companies all operated with the same fuel cell technology.
Researchers used a breath simulator to create appropriate ambient air conditions for
their experiments. The devices were tested at six different breath alcohol
concentrations: 0.0, 0.02, 0.04, 0.08, 0.10, and 0.20g/210L. Five of the six units
accurately detected the presence of alcohol in all of the trials at a range of 6 inches or
less (WisDOT, p. 45). The 6th unit accurately detected the presence of alcohol in
about 80% of the trials. Three of the units were able to accurately detect the presence
of alcohol at least 80% of the time at a distance of 18 inches. None of the
manufacturers of the units tested recommended that the devices be used at distances
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of over 10 inches. Five out of six devices correctly detected no alcohol when no
alcohol was presented in the breath sample. One device, the PASIII, presented
numerous falsely positive readings.
Despite mixed laboratory reviews, many interlock experts believe that passive
alcohol sensing is a valuable tool for sobriety checkpoints and any other occasion
when an officer is forced to make a decision as to the sobriety of a person based on a
small number observable cues (Williams, Voas, & Ferguson, 2000, A-2). Passive
alcohol sensors are particularly helpful in situations where there is a zero tolerance
policy in effect, such as with underage drivers or people who are restricted from
alcohol consumption altogether by virtue of probation or parole.
Perhaps passive fuel cell sensors have an unrealized potential to be applied in
the automobile setting. For example, a tandem system that incorporated a current
breathalyzer ignition interlock device with a passive alcohol sensor addition could be
more convenient than current technology. In order to alleviate some of the hassle of
blowing into a breathalyzer, the device that incorporates a PAS could continuously
monitor the air around the driver. If traces of alcohol were detected, the PAS could
trigger a response that prompts the driver to perform a breathalyzer test.
Our group decided to focus on the possibility of using passive alcohol sensors
to detect the presence of alcohol on drivers in their vehicles. We made this decision
based on the relative inexpensiveness, ease of acquisition, and recognized reliability
of the technology among the alternative technologies we identified. In our
estimations, these three qualities would make passive sensors attractive to automobile
makers and interlock companies who might consider adopting new technologies to
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was the position of the sensor. We hypothesized that there is an optimal placement of
a passive sensor within a vehicle to produce the best results. Some possibilities for
sensor placement were the steering wheel, above the window well, the center console,
and around the neck. Another parameter is the number of sensors used. In conjunction
with varying placement of the sensor, the team proposed using multiple sensors in
different locations to minimize the distance from the alcohol source and a sensor. The
gains on the operational amplifier could also be adjusted and so this became our third
parameter. Again, the team hypothesized that there is an optimal gain that would
allow for the most sensitivity without producing noise in the data. A final possible
parameter to consider was the temperature of the sensor. We considered the idea that
very cold or hot temperatures could potentially affect the rate of the chemical reaction
in the fuel cell passive sensors.
Considering the aforementioned design criterion two models were developed,
one baseline and one advanced. The baseline models purpose was to incorporate all
of the minimal requirements and most basic setup. This model called for a vehicle
speed of 0mph, fans off, and a temperature of approximately 25 C or room
temperature. The baseline would allow us to draw conclusions about the feasibility of
high performance by a passive sensor. If the sensor failed under these circumstances
then it would be unnecessary to proceed to the advanced model. Given the scope of
the project, the team determined the advanced model to include a speed of 30 to
55mph, a high fan setting, and temperatures of 5 C and 40 C. Both models would be
used in a sedan style and SUV style of vehicle. Assuming success from the advanced
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model, the next step would be to incorporate variations from the proposed design
parameters. We would determine those parameters if the situation arose.
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A Fluke 175 TRUE RMS multi-meter measured the voltage output from the sensor. A
breath simulator from Guth Laboratories (model 34C calibrated on October 27th 2004)
(see Fig. 7) generated breath samples of known BrAC.
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First, the reference alcohol solution was placed in the breath simulator, and
then blown into the Draeger active sensor to ensure the simulator functioned properly.
Once determining proper functioning, the passive sensor was connected to the multimeter and placed 21 inches from the breath simulator. The 21-inch trial distance was
an estimation from a persons mouth to a steering wheel when that person is sitting in
the drivers seat of a vehicle. We activated the sensor and noted the sensor response
for each trial. An example setup is shown below in Figure 8.
Our in-lab procedure for testing the sensitivity and performance capabilities of
the passive sensor maintained the following procedure:
1.
2.
3.
1. Breath simulator
2. Sensor
3. Multi-meter
4. Reference alcohol
solution
3
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After conducting preliminary trials in the lab, the next step, Phase 1(b), was to
test the PAS Systems International fuel cell passive sensor (see Fig. 13 #6)
capabilities in a car. All of the same materials used in Phase 1(a) were included in the
car experiment; however, the setup needed to be adapted to a real-life system. Some
aspects remained the same; for example, the Fluke 175 TRUE RMS multi-meter was
still directly connected to the passive sensor reading the output voltage.
The team decided that the car experiment would imitate an intoxicated driver
on the passenger side of the car. Three participants were required to conduct the
experiment in the car; one in the drivers seat to watch the multi-meter and two in the
back seat, one serving as recorder and time keeper and the other as a blower to
breathe into the Guth model 34C breath simulator (see Fig. 13 #2). The breath
simulator was filled with the same 500mL of alcohol solution as in Phase 1(a) (see
Fig. 13 #10). In order to reproduce the realistic set-up in a car, new materials were
needed. The new materials included a sensor stand (see Fig. 13 #8), breath simulator
holder (#5), restraints (#9), and Xantrex micro inverter 400. The Xantrex inverter was
used to provide power to the breath simulator, which required 75W.
The sensor stand, shown in Figure 4 below, was necessary to hold the passive
sensor in the proper position. The teams idea was to construct a stand in which the
sensor would be positioned as if it was placed on the steering wheel on the drivers
side. It was placed on the floor in front of the passenger seat with the sensor facing
towards the passenger seat. The stand was 28 inches high, which was determined to
be a comparable height of the steering wheel from the floor.
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Figure 10: Breath Simulator Holder in with Multi-meter and Up Close with
Breath Simulator
The breath simulator requires a power source in order to heat the alcohol
solution to the proper temperature. To use the breath simulator in the car, an inverter
was used so the breath simulator could draw the necessary power from the car itself.
Two cars, a sedan style automobile and a sports utility vehicle, were used to conduct
the experiments. Even though these two cars are very different styles, the same basic
setup was used in both cars. Our procedure was as follows:
1.
Blower provides a constant breath into the simulator for 15 seconds while
recorder writes down voltage levels in 5 second intervals
2.
Driver clears the air out of the vehicle by driving for at least two minutes
with windows down and turning vehicle's fans on high
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3.
4.
5.
mV. We were unable to detect these voltage changes with the initial experimental
setup.
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Breadboard holding
Amplifying Circuitry
Power Converter
Figure 12: Reconstructed Sensor Stand with Power Converter and Amplifying
Circuitry
The same experimental setup was used as in Phase 1(a) with the breath
simulator positioned approximately 21 inches away from the sensor. Preliminary
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sensitivity tests were conducted to see how the sensor reacted in the new amplifying
system before the experiment was taken in to the field scenario.
Upon adding the operational amplifier to the experimental setup, we needed to
account for a voltage offset generated during trials. Therefore, we determined a base
voltage to be the maximum allowable level before a trial could begin. This base
voltage served as a reference point for a set of trials, and was chosen after turning on
the operational amplifier in an alcohol-free environment. An instantaneous jump in
voltage was observed by turning on the amplifier which then decreased rapidly until
reaching a relatively low level around 5 40 mV. This low level was chosen as the
base voltage. Using this new setup for in-lab trials, our procedure was:
1.
Determine the base voltage after observing the instantaneous jump and rapid
decline in voltage after turning on the operational amplifier
2.
3.
Participants wait for voltage level to reach or fall below the base voltage
4.
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2
6
1.
2.
3.
4.
5.
6.
10
7.
8.
9.
10.
11.
7
5
8
12
12.
1
9
11
Determine the base voltage after observing the instantaneous jump and rapid
decline in voltage after turning on the operational amplifier
2.
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3.
Blower provides a constant breath into the simulator for 15 seconds while
recorder writes down voltage levels in 5 second intervals for 60 seconds
4.
Driver clears the air out of the vehicle by turning the vehicle's fans on high
with windows down
5.
6.
Driver raises windows up completely and turns off vehicle's fan system
7.
Participants wait for voltage level to reach or fall below the base voltage
8.
Recall that this setup included an operational amplifier and directed air samples of
0.08 alcohol concentration. Of all 20 trials, 15 displayed immediate increases in
voltage and peaks within 60 seconds. The peaks of these 15 trials were at least twice
the voltage of the base voltage we chose for testing (25mV). The highest increase in
voltage was six times the initial base voltage. Five of the trials resulted in small
increases and one overall decrease in voltage. Similar trials using undirected air
samples resulted in no voltage changes.
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Fig. 14: Phase 2(b) Trials - Using directed air samples with .08 alcohol concentration,
the amplified signal of the sensor revealed a significant increase in voltage and peak
within 60 seconds. In this figure, each trial is represented by a different color line.
After attempting the baseline model during Phase 2(b) it became evident that
our original design was overly ambitious. Our difficulties in finding success for the
baseline tests ruled out the possibilities of proceeding to the advanced design model
or considering any of the numerous combinations of the design parameters. However,
instead of immediately ruling our efforts as a failure we redesigned the experimental
setup once more with the addition of an air pump. The purpose of the air pump was to
increase the response time and clear time to the minimal goal levels as well as
potentially increase the sensitivity by greatly increasing the amount of alcohol vapor
passing through the sensor.
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2.
Simultaneously, the operator initiates the air pump and blower provides a
constant breath into the simulator for 15 seconds
3.
4.
5.
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6.
Figure 14: Diagram of the Air Pump Mechanism Used in Phases 3(a), (b), and (c)
Phase 3(b): Absolute Control Trials
Phase 3(b) was conducted in an open field away from any anthropogenic
interference to determine if the added fan mechanism had an effect on the sensor
without the presence of alcohol. We used a setup similar to that of Phase 3(a) except
that the environment was a field and the breath simulator was not used. The air pump
mechanism with the sensor inside was positioned in the field and attached to the
amplified circuit.
Only two team members were required to conduct the absolute control trials
outdoors away from any air contaminants. One member operated the air pump while
the other records voltage levels. The team used the following procedure:
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1.
2.
3.
4.
5.
6.
7.
8.
seconds. A maximum base voltage of 20mV was required to begin a trial, and peak
voltages ranged from 36 to 70mV. (see Fig. 16) Over the period of conducting
experiments, we saw a decrease in peak voltage levels, yet the smallest peak voltage
is still 36mV from an initial base voltage of 7.9mV.
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Fig. 16: Phase 3 - Even in an alcohol and pollutant free environment, the motion of
air due to the external air pump causes the sensor's voltage to increase rapidly.
Phase 3(c): In-vehicle Trials
Phase 3(c) took the setup from Phase 3(a) and moved it into the test vehicles
to perform the experiment in a field setting. The air pump mechanism lay upon the
dashboard so that the inlet side faced the passenger seat. The sensor connected to the
circuit board, resting on the old sensor stand. The breath simulator outlet tube pointed
downward at a 45 angle in order to produce an indirect breath sample. The rest of the
experiment setup remained the same as in Phase 2(b). Figures 17 and 18 show the
experiment set up in a vehicle.
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1. Breath simulator
2
2. Sensor stand
w/amplification
circuitry
3. Multimeter
4. Fan inlet
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Control Trials
Performing experiments inside of a vehicle with the Phase 3 setup required the
driver to take an additional task of powering the air pump. For the in-vehicle control
trials we performed the following steps:
1.
2.
3.
4.
Recorder writes down voltage levels in 5 second intervals for at least 300
seconds
5.
6.
Participants wait for voltage level to reach or fall below the base voltage
7.
Experimental Trials
For the in-vehicle trials using alcohol-based breath samples, our procedure
sought a best possible scenario for a breath sample from 21 inches away. The breath
simulator was directed toward the mouth of the external air pump, and we initiated
the air pump and breath sample simultaneously. Though this was not a realistic
environment for the passive application, it provided a threshold that the setup must
pass in order for any chance of feasibility. We conducted these experiments as
follows:
1.
2.
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3.
Simultaneously with Step 2, driver turns on air pump and blower provides a
constant breath into the simulator for 15 seconds while recorder writes down
voltage levels in 5 second intervals for at least 300 seconds
4.
5.
Driver clears the air out of the vehicle by turning the vehicle's fans on high
with windows down
6.
7.
Driver raises windows up completely and turns off vehicle's fan system
8.
Participants wait for voltage level to reach or fall below the base voltage
9.
the absolute control trials. We conducted four experiments in an Isuzu Rodeo SUV
and an Infinity sedan. In the sedan, the sensor had an immediate voltage increase
followed by a slow decline. This increase halted at approximately 60 seconds, and the
peak voltage was more than double the base voltage chosen to begin the trials. This
decline continued past 9 minutes and fell below the initial base voltage.
In the SUV, the sensor's voltage increased consistently over an 8 minute
period, after which we halted recording. By the end of the 8 minute period, the
voltages had increased to over three times the initial base level of 40mV. (see Fig. 19)
Qualitative experimentation revealed that the passive alcohol sensor's voltage was
increasing not only due to the air movement from the external pump, but also from
combusting gases in the vehicle. Additional qualitative testing revealed that the fuel
cell was also sensitive to smoke.
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Figure 17: In-vehicle control trials within the cabin of vehicles showed large
increases in voltage. Depending on the testing vehicle, these increases ranged
from 45 seconds to over 8 minutes.
We performed Phase 3(c) experiments using directed air samples of 0.04 and
0.08 alcohol breath concentrations. For both alcohol concentrations, the sensor
voltage increased to more than double the initial base voltage (50mV). Most voltage
increases were not larger than those in the in-vehicle control trials.
Considering the trials using the 0.04 alcohol air sample, there is a varying rate
of voltage increase over the first 60 seconds. One trial reached a voltage of 106mV at
the end of the first minute. However, after the initial increase, the voltages appear to
converge to approximately 105mV. (see Fig. 20)
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Figure 18: Using 0.04 alcohol concentrated air samples, we recorded voltage
increase similar to some of the in-vehicle control trials.
Considering the trials using the 0.08 alcohol air sample, the rate of increase is
similar for all trials. There is a severe decrease in voltage at the beginning of the
trials, followed by a steep increase which reaches our base voltage within the first 100
seconds. The trials all consistently increase to double the base voltage within the first
200 seconds, and three times the base voltage within the first 400 seconds. (see Fig.
21) These higher voltages levels are still not larger than some of the in-vehicle
control trials. There are virtually no distinct differences between the in-vehicle
control trials and the alcohol based trials.
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Figure 19: Using 0.08 alcohol concentrated air samples, we recorded voltage
increases which were indistinguishable from the in-vehicle control trials.
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There was no consistent and detectable difference in the sensors reaction in the
control trials and the experimental trials.
The passive alcohol sensor was not able to reliably isolate and react to the
presence of alcohol in any of our experimental setups. The first experimental design
consisted of only the passive sensor set up twenty-one inches away from the
breathing apparatus. Early control tests went as expected with no voltage recorded on
the voltmeter in lab and car trials. We then conducted several tests with a 0.08
solution in a vehicle, but the results were unexpected. When we used directed breath
samples of 0.08 breath alcohol content, the sensor failed to produce a voltage of
0.01mV in one minute. Because the sensor did not perform satisfactorily in any
category relevant to our experiment, we altered the experimental setup to include a
197
voltage amplifier. Our hypothesis was that the sensor was producing voltage changes
below 0.01mV in the presence of alcohol that were going undetected by the
multimeter. Voltage amplification would magnify these minute changes several times
over, thus enabling the multimeter to detect them.
Control trials with the new setup went as expected. The sensor produced no
voltage in the absence of an alcohol solution, but trials with an alcohol solution again
met problems. At first, these trials seemed to be successful with a voltage registering
on the multimeter. However, the sensor under amplification produced erratic voltages.
The voltage readouts in the presence of alcohol seemed to follow a pattern, but the
amount of voltage the sensor produced did not seem to be at all related to the amount
of alcohol in each breath sample, which remained constant.
We decided that the operational amplifier was causing a noisy voltage
reading on the multimeter. Magnifying the voltage output of the sensor allowed us to
observe many other minute voltage responses from the sensor that were unrelated to
the alcohol content of the breath sample. The sensor thus produced inconsistent
voltage increases in the presence of alcohol. Voltage amplification also prevents the
sensor from settling at a base voltage. We encountered further difficulties in testing
because it took up to five minutes for the sensor to clear itself of alcohol. We also
found this troubling because the design specifications reported the clearing time to be
no more than ninety seconds.
Taking these new complications into account, we reasoned that the sensor
could produce a consistently large voltage increase in a given interval, if more of the
alcoholic air moved across its fuel cell. Rapidly moving air across the sensor would
198
cause more alcohol molecules to accumulate on the sensor at once which would in
turn cause greater peaks in voltage. Moving more air directly across the sensor would
solve the clearing problem by forcing clean air into the intake and accelerating the
burning off process for the alcohol. With these ideas in mind, we again altered our
experimental setup.
The third setup consisted of an air pump to force air into the sensor in addition
to the previous amplification. Laboratory trials introduced new challenges. In this
setup, a control solution of plain water would now produce a voltage. Further trials
with .08 and .04 solutions produced the same inconsistent results. The sensor would
not settle at a base voltage, and in addition the presence of alcohol did not seem to
produce significantly different results from plain air moving over the sensor. Car trials
had a tendency to higher voltages but alcohol solutions seemed to have no significant
affect beyond that of the control solution or the ambient air. Our best hypothesis for
this result was that the fan modification caused the sensor to react to the presence of
non-alcoholic particles like combustible gasoline and automobile exhaust fumes.
Additional qualitative testing revealed that the fuel cell was also sensitive to smoke.
The addition of the air pump seemed to magnify the sensors reaction to these and
possibly other particles in ambient air.
These results suggest that the use of a passive sensor so far out of its designed
operating parameters is not feasible. In order for passive alcohol sensors to eliminate
the need for the rolling retest, the sensor would have to be able to respond quickly,
consistently, and discernibly in the presence of alcohol in an automobile cabin. The
passive alcohol sensor fails to meet these qualifications for three reasons:
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200
201
202
Recommendations
Over the past 20 years, ignition interlocks have used alcohol sensors to
determine a driver's BAC. While fuel cell sensors have improved accuracy over
semiconductors, there has been little advancement in portable detection methods.
Inconveniences such as the time it takes to start the vehicle, costs, monthly
calibration, and rolling retests make the device less attractive to users and judges.
Ignition interlock technology significantly inhibits adoption by our society, and if a
major improvement in detection is achieved, these devices may be able to gain
widespread usage.
Provide the sensor with a consistent sample of air from the area around the
driver
The sensor must be able to tolerate a steady stream of air without significant
noise
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204
granted to Indiana and Duke Universities, and three awards were made to Brown
University, SpectRx, and Science and Engineering Systems Incorporated (SESI).
Each institution is working on a different potential technology. Some technologies
currently being assessed include implantable biosensors and minimally invasive
lasers to determine an individuals BAC (NIAAA Minutes 2003).
We believe that programs such as the Advanced Alcohol Research Program at
NIAAA will be able significantly improve upon the inconveniences associated with
currently alcohol detection methods. Therefore, we recommend that the NIAAA and
other government programs pursuing alcohol detection research do the following:
Increase funding for the Advanced Research Program biosensor project or for
comparable programs. Since the NIAAA funds about 90% of all alcohol-related
research in the United States, it is pivotal for this organization to lead
technological research.
Continually look for ways to make current ignition interlock technology less
intrusive. NHTSA will need to lead the standardization of novel technologies by
creating new regulations for ignition interlocks. Though most ideas will not lead
to national implementation, general participation among DUI and DWI
offenders will help to decrease alcohol-related accidents. Recall that only 10%
of DUI offenders have the device installed in their vehicles (Beirness, 2005).
205
206
Thesis Conclusions
Ignition interlock technology has progressed much in the past thirty years, but
many strides have yet to be made. This technology has the potential to save many
more lives and it only needs to be applied in many more vehicles. Informed people
are gathering around this issue and adding knowledge to this field of research.
Passionate advocates of impaired driver prevention have rallied behind governmental
attempts to employ this technology for public safety. In summer 2005, New Mexico
began to mandate that all first time DUI offenders have ignition interlocks installed in
their cars (El Nasser, 2005). Many considered this a bold move, but New Mexico was
not even the first state to enact such legislation. In fact, Washington State mandates
first time offenders with BACs of over 0.15 use the interlock. Forty-four states and
the District of Columbia now have interlock legislation. There are an estimated
80,000 interlock devices in use in the United States and that number is expected to
more than double in the next 5 years.
Amidst this growth, however, there will be challenges to technological growth
and programmatic improvement. The challenges that face impaired driver detection
and prevention are three-fold. There must be a concerted effort on the part of law
makers, members of the academic community, and practitioners alike to:
1) improve information sharing networks between case managers and data
collectors
2) build trust in interlock technology and programs
3) spur technological developments
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208
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Appendices
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Appendix 1
IRB Proposal
1. Abstract
Ignition interlock devices (IDD) prevent intoxicated drivers from driving.
These devices are administered to DUI and DWI offenders through state programs.
The purpose of this research is to identify how ignition interlock programs could
improve with regard to their technology, offender services, and internal operations. In
order to find this information, the team will (1) interview ignition interlock program
staff and experts in and (2) survey offenders in the ignition interlock program.
(1) The team will conduct interviews with interlock staff and experts in person
and over the telephone. Staff interviews will allow the team to examine the problems
that ignition interlock program staff experience in the course of their duties. Expert
interviews will allow the team to identify the structural and institutional strengths and
weaknesses of interlock programs.
(2) Offenders will complete surveys on paper and over the internet. Their
surveys will show how the interlock programs and technology could be of greater
mutual benefit to the offender and society. With offender surveys, strict
confidentiality will be maintained throughout selection of participants, administration
of surveys, and analysis of responses. Neither the team nor the parties being evaluated
in the survey will have identifying information from the survey participants.
2. Subject Selection:
a. The subjects, all adults ages 18 or older, will be selected from the following groups
of people: Motor Vehicle Administration administrators, interlock vendors, drunken
driving offenders and independent experts in fields related to our research. We will
find the names of MVA administrators on the internet, as their names are listed as
public information. We will enlist the participation of interlock vendors and
independent experts by contacting them ourselves and requesting their compliance
after finding their contact information either on the internet or from the MVA
administrators. We will contact these three groups of people either by phone or
through written letters. The drunken driving offenders will be notified by Jane
Valenzia, Research Associate for Driver Safety Research at the MVA, that we need
participants for our study and will either be given our contact information or will give
permission to Ms. Valenzia for us to contact them regarding any studies. All
participation in our study will be fully voluntary, as we will not use any type of
coercion.
b. The only criterion we will use to select participants is that they fit into one of the
four categories listed above and that they are of age 18 or older.
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c. The selection will be made based on only this criterion because there are no other
factors that will influence the information we are trying to gather.
3. Procedures
IID Vendors:
IID vendors who agree to be questioned will be interviewed by a member from the
team. Questions will be delivered orally to the interviewee and responses will be
recorded on paper by the interviewer. Only questions pertinent to IID vendors will be
asked. Interviews will be conducted in person at a prearranged time and place as
decided by the vendor and the team. The interview will only be made available to the
team. Interviews should take no longer than 20 minutes.
MVA Administration:
MVA administration members who agree to be questioned will be interviewed by a
member from the team. Questions will be delivered orally to the interviewee and
responses will be recorded on paper by the interviewer. Only questions pertinent to
MVA administration will be asked. Interviews will be conducted in person at a
prearranged time and place as decided by the MVA administration member and the
team. The interview will only be made available to the team. Interviews should take
no longer than 20 minutes.
Experts:
Experts who agree to be questioned will be interviewed by a member from the team.
Questions will be delivered orally to the interviewee and responses will be recorded
on paper by the interviewer. Only questions pertinent experts will be asked.
Interviews will be conducted in person at a prearranged time and place as decided by
the expert and the team. The interview will only be made available to the team.
Interviews should take no longer than 20 minutes.
Offenders:
For the sake of convenience, offenders will be given the option of taking the survey in
three different ways. Surveys will be made available via mail, the internet, and at
participating IID service stations. Offender names will not be attached for all forms of
the survey.
Offenders that choose to take the survey through the mail will be mailed the survey
and all accompanying forms with a return envelope that will include postage.
Offenders will be asked to complete the survey and mail them back to the group.
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Offenders choosing to take the survey in an online format will be directed to a secure
internet website that will contain the survey and provide the participant with all
information regarding confidentiality and consent. Offenders will be asked if they
accept the terms by clicking on a button. Offenders will not be asked for any
identifying information. Survey results will securely be sent to the team. To ensure
anonymity, IP addresses will not be logged.
With the cooperation of participating vendors, surveys may be made available to
offenders at IID service stations. Service stations will be selected and contacted with
assistance from the MVA. Offenders may choose to take the survey while waiting for
his/her IID to be serviced. Surveys questions and all accompanying forms will be
sealed within an envelope and delivered to participating IID vendors. A sign will be
posted within the service station informing offenders of the survey and to ask the
vendor for a survey if they would like to take it. Offenders may then take the survey.
A secure drop box for the surveys will be made available. Consent and privacy forms
will be detached from the rest of the survey, making survey answers anonymous. At
an agreed upon time between the vendor and the team, completed surveys will be
picked up in person from the service station by a member of the team.
4. Risks and Benefits
Offenders
Our survey poses no more than a minimal risk to participants. None of the questions
will evoke emotional responses in a reasonable personthey are strictly fact- and
opinion-based. The identity of participants will be fully protected, as they will detach
their surveys from the signed consent forms before submitting them to us. The survey
itself will contain no form of identifying information.
There are no direct benefits to participants in our survey. Based on answers we
receive, we may make changes in the overall process that will end up benefiting the
individuals who participate in it, but we do not have the intent of benefiting any
specific people.
MVA Administrators
Our interview process poses no more than a minimal risk to participants. None of the
questions will evoke emotional responses in a reasonable personthey are strictly
fact- and opinion-based. There may be minimal risk involved since we will be asking
several questions relating to the effectiveness of the participants departments.
Participants should be aware that any information they give us may be used and
attributed to them in your thesis, and their employers may read it.
There are no direct benefits to participants in our interview process. Based on answers
we receive, we may make changes in the overall process that will end up benefiting
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the individuals who participate in it, but we do not have the intent of benefiting any
specific people.
Vendors
Our interview process poses no more than a minimal risk to participants. None of the
questions will evoke emotional responses in a reasonable personthey are strictly
fact- and opinion-based. There may be minimal risk involved since we will be asking
several questions relating to the effectiveness of the participants
departments/companies. Participants should be aware that any information they give
us may be used and attributed to them in your thesis, and their employers may read it.
There are no direct benefits to participants in our interview process. Based on answers
we receive, we may make changes in the overall process that will end up benefiting
the individuals who participate in it, but we do not have the intent of benefiting any
specific people.
Experts
Our interview process poses no more than a minimal risk to participants. None of the
questions will evoke emotional responses in a reasonable personthey are strictly
fact- and opinion-based. We will also be asking experts questions relating to the
effectiveness of the overall interlock administration system, but these individuals are
researchers and independent experts, and their employers would not have a direct
stake in any particular company or department involved in the process.
There are no direct benefits to participants in our interview process. Based on answers
we receive, we may make changes in the overall process that will end up benefiting
the individuals who participate in it, but we do not have the intent of benefiting any
specific people.
5. Confidentiality
In this section, any reference to the team shall include all 14 members of the team,
consisting of Katie Butt, Rachel Clark, Will Collins, Andrew Czisny, Adam
Hong, Daniel Ramsbrock, Mike Sandler, Grace Snodgrass, Matt Stair, Dan
Tasch, Samantha Tenenbaum, Katie Walsh, James White, and Pearce Wroe; it
shall also include our faculty mentor, Dr. Dimitris Hristu.
Offenders
Throughout the survey process, the information we receive from offenders will be
held in strict confidence. The surveys will not contain any form of identifying
information, only general demographics. Once the surveys are completed, the
participants will detach the consent form, which contains their name and signature,
from the rest of the survey. They will then immediately place their consent forms in
224
one drop box and the survey in a separate one, ensuring that no connection can be
made between these two documents. Only the team has legitimate access to these
boxes, and we will be the ones taking the surveys from there and entering the results
into the computer.
The data entry will be done on a password-secured web server, and the data will be
stored in a secure database on that server. Once the data is entered, the paper surveys
will be kept on file in the office of Dr. Dimitris Hristu, our faculty mentor, until the
completion of the project (which is planned for May 2006). The data will be digitally
archived and remain available to the team indefinitely, but only for strictly academic
purposes. All of the paper surveys will be destroyed by means of a shredder at the
conclusion of the project.
We will utilize the services of the University of Maryland Office of Information
Technology (OIT) in order to implement the option of taking the survey online. If the
participant elects to do so, they will be presented with the same consent form as the
other participants, only in electronic form. Instead of having participants physically
sign a form, the web site will contain wording to the effect of By clicking the button
below, you agree that you have read and understood this consent form and to be
legally bound by its terms. We will preserve anonymity of the online participants by
the simple fact that we will not have access to the logs of the OIT web servers on
which the surveys were taken and will therefore not even be able to connect surveys
to Internet Protocol (IP) addresses. The information received from the online surveys
will be treated in the same manner as the information that has been entered from the
paper surveys, and will in fact be combined with this information to produce
aggregate results.
MVA Administrators
All information obtained from these individuals is subject to publication, and they
will be informed of this fact in the consent form we will provide them at the
beginning of our interview. We will cite both their names and positions in our paper,
both in the context of facts and direct quotes. We will also acknowledge the
cooperation of their organization in our paper, and will give them access to any of our
research which indicates improvements that could make their organization a more
effective component of the overall system.
On the consent form, there will also be a special section where the participants can
initial in order to give consent for us to audio-record the entire interview. They can
choose to withhold this consent without affecting the interview process.
Information collected in these interviews may be typed up in either summary or
transcript form and will be stored first on the personal computers of the interviewers
and then uploaded to our secure file server. The interviewers will take all reasonable
precautions to ensure that no one outside the team has access to the data while it is
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stored on their computers since this information is not intended to become public
knowledge until the publication of our thesis.
Vendors
All information obtained from these individuals is subject to publication, and they
will be informed of this fact in the consent form we will provide them at the
beginning of our interview. We will cite both their names and positions in our paper,
both in the context of facts and direct quotes. We will also acknowledge the
cooperation of their organization in our paper, and will give them access to any of our
research which indicates improvements that could make their organization a more
effective component of the overall system.
On the consent form, there will also be a special section where the participants can
initial in order to give consent for us to audio-record the entire interview. They can
choose to withhold this consent without affecting the interview process.
Information collected in these interviews may be typed up in either summary or
transcript form and will be stored first on the personal computers of the interviewers
and then uploaded to our secure file server. The interviewers will take all reasonable
precautions to ensure that no one outside the team has access to the data while it is
stored on their computers since this information is not intended to become public
knowledge until the publication of our thesis.
Experts
All information obtained from these individuals is subject to publication, and they
will be informed of this fact in the consent form we will provide them at the
beginning of our interview. We will cite both their names and positions in our paper,
both in the context of facts and direct quotes. We will also acknowledge the
cooperation of their organization in our paper, and will give them access to any of our
research which indicates improvements that could make their organization a more
effective component of the overall system.
On the consent form, there will also be a special section where the participants can
initial in order to give consent for us to audio-record the entire interview. They can
choose to withhold this consent without affecting the interview process.
Information collected in these interviews may be typed up in either summary or
transcript form and will be stored first on the personal computers of the interviewers
and then uploaded to our secure file server. The interviewers will take all reasonable
precautions to ensure that no one outside the team has access to the data while it is
stored on their computers since this information is not intended to become public
knowledge until the publication of our thesis.
226
227
Purpose
Procedures
Confidentiality
Risks
Benefits, Freedom
to Withdraw,
&Ability to Ask
Questions
Medical Care
Contact
information of
Investigators
Contact
Information of
Institutional
Review Board
NAME OF SUBJECT
___________________________
228
___________________________
Consent Form for Motor Vehicle Administration administrators
Title
Statement of age
of Subject
Purpose
Procedures
Confidentiality
Risks
Benefits, Freedom
to Withdraw,
&Ability to Ask
Questions
Medical Care
Contact
information of
Investigators
Contact
Information of
Institutional
Review Board
___________________________
___________________________
Consent Form for Ignition Interlock Vendors
Title
Statement of age
of Subject
Purpose
Procedures
Confidentiality
Risks
Benefits, Freedom
to Withdraw,
&Ability to Ask
Questions
Medical Care
Contact
information of
Investigators
Contact
Information of
Institutional
Review Board
NAME OF SUBJECT
___________________________
___________________________
Consent Form for Ignition Interlock Field Experts
Title
Statement of age
of Subject
Purpose
Procedures
Confidentiality
Risks
Benefits, Freedom
to Withdraw,
&Ability to Ask
Questions
Medical Care
Contact
information of
Investigators
Contact
Information of
Institutional
Review Board
NAME OF SUBJECT
___________________________
___________________________
232
233
May 2004
Ignition interlock program participants:
We are a research team called Advancing Ignition Interlock (AII) from the University
of Maryland in College Park. Over the next two years, AII will be working to
improve both the technologies and the administration of ignition interlock devices. To
make significant improvements in these areas, AII needs input from youthe ignition
interlock users. Your views about the ignition interlock program in Maryland are
extremely valuable to AII and will aid the team in developing a comprehensive
system that is less costly, more convenient, and more effective for all participants in
the program.
If you would like to help advance the ignition interlock program in Maryland, please
complete the teams survey either online at _______________________ or look for
the survey at your vendor location the next time you take your automobile in to be
serviced. All of your input is strictly confidential and will not be available to anyone
but AII for research purposes only.
If you choose to complete the survey, please be sure to read and sign the consent form
on the last page. If you do not complete this, AII will not be able to use your data in
its research.
Please visit the AII website at http://teams.gemstone.umd.edu/~aii/ for more
information about the team and its mission. If you have any questions, please email
AII at
aii-gemstone@umd.edu.
Thank you in advance for your time and consideration. Your valuable input will
facilitate the teams efforts to increase the efficiency and effectiveness of the ignition
interlock program in Maryland.
234
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
1. Which public market might show the most interest in medium- to low-cost
IIDs that are mostly passive and only require a breathalyzer test when
alcohol vapors are detected in the car? Please explain.
The general public would be interested in medium- to low-cost ignition
interlock devices that are mostly passive and only require a
breathalyzer test when alcohol vapors are detected in the car.
(1)
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
3. Have you studied passive alcohol sensors? If so, what are their strengths
and weaknesses? How effective have you found them to be overall?
Passive alcohol sensors are effective in detecting drunkenness.
(1)
(2)
(3)
(4)
(5)
N/A
4. What in the current ignition interlock devices could most be improved, and
how?
5. What in the current ignition interlock programs could most be improved,
and how?
235
236
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
1. How well do you feel your department is able to manage the number of
people in the
program? Please explain.
Our department is adequately equipped to handle the number of the people
in the program.
(1)
(2)
(3)
(4)
(5)
N/A
2. How does your department track the lasting effects of the program?
We are able to track the lasting results of the program effectively.
(1)
(2)
(3)
(4)
(5)
N/A
3. What action does the MVA take against participants who tamper with the
device, or drives a different vehicle during their mandated interlock
period?
4. What other ignition interlock programs have been studied in comparison
with the Maryland program? Have any practices from these other
programs been adopted in our state?
5. How have you seen the program progressed through the years?
6. How long do you think a participant should remain in the program to best
minimize recidivism?
The duration of the program is
(1)
(2)
(3)
(4)
(5)
N/A
much
somewhat appropriate somewhat much
shorter than shorter than
longer than longer than
necessary necessary
necessary necessary
237
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
9. How might the MVA best increase knowledge about the ignition interlock
program amongst lawmakers and enforcers?
10. What areas of the overall program could be most improved? Please
explain.
11. What changes might be made in your department to make your own job
easier or less burdensome? Please explain.
12. How would the program improve if drivers were more satisfied with
ignition interlock technology? What might make them more satisfied
with the devices?
238
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
239
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
(4)
(5)
N/A
(2)
(3)
(2)
(3)
(4)
(5)
N/A
(5)
N/A
(2)
(3)
(4)
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
240
(5)
N/A
(2)
(3)
(4)
(5)
N/A
(5)
N/A
(5)
N/A
(2)
(3)
(4)
(2)
(3)
(4)
Please explain:
11. Ignition interlock devices provide accurate readings.
(1)
(2)
(3)
(4)
(5)
N/A
12. What areas of the ignition interlock program could be most improved?
13. How could ignition interlocks be made more user-friendly?
14. What is the maximum monthly amount you would be willing to pay for an
ignition interlock device?
241
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
1. What specific standards must your ignition interlock devices meet before
they are sold?
2. What other technologies (if any) have been adapted to your ignition
interlock devices? How?
3. How do you extract data logs from the devices?
4. How are customers trained to ensure proper use of the devices?
5. How does your particular device operate?
6. How many customers do you serve and from which area do they primarily
come?
7. How often are customers required to visit your store for data log extraction
and maintenance? How long do these appointments generally last?
8. Which states accept your particular device under their state regulations?
9. Which factors of maintaining the device contribute most to its costs (i.e.
labor, technology)? Please explain.
10. What are most significant problems you encounter with customers (i.e.
financial constraints, misuse, etc.)? Please explain.
11. Which aspects of the devices do customers complain about most? Please
explain.
13. What was the biggest obstacle to designing the device? Please explain.
14. What improvement(s) would best enhance the effects of the ignition
interlock devices? Please explain.
15. What would you say is currently the most serious problem with ignition
interlock devices? Please explain.
242
Appendix 2
Consent Form for Ignition Interlock Program Participants
I state that I am over 18 years of age, in good physical health, and wish to participate
in a survey of research being conducted by Dr. Hristu Team of the Gemstone Program
through the College of Engineering at the University of Maryland, College Park.
The purpose of this research is to determine ways in which the Ignition Interlock
program in Maryland and related technologies could be improved.
The procedure involves a 15 minute survey that is designed to indicate potential areas
of improvement with the program in which the team may be able to assist. The data
gathered will be kept strictly confidential, thus protecting the privacy of human
subjects.
All information collected in this study is confidential to the extent permitted by law. I
understand that the data I provide will be grouped with data others provide for
reporting and presentation and that my name will not be used. I understand that my
participation in this survey will not affect my role in the ignition interlock program.
There are no known risks associated with the completion of a survey.
The experiment is not designed to help me personally, but to help the investigator
learn how to improve the Ignition Interlock program for all program participants. I am
free to ask questions or withdraw from participation at any time without penalty.
The University of Maryland does not provide any medical or hospitalization
insurance for participants in this research study, nor will the University of Maryland
provide any compensation for any injury sustained as a result of participation in this
research study, except as required by law.
If you have any questions about your rights as a research participant or wish to report
a research-related injury, please contact: Dr. D. Hristu 2176 Martin Hall
University of Maryland, College Park, MD 20742; (phone) 301-405-5283; (e-mail)
Hristu@eng.umd.edu
NAME OF SUBJECT
___________________________
___________________________
243
Appendix 3
Participant Survey First Version
Proposed List of IRB Questions
Advancing Ignition Interlock
Response Scale
(1)
(2)
strongly
disagree
disagree
applicable
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
(4)
(5)
N/A
(2)
(3)
(2)
(3)
(4)
(5)
N/A
(5)
N/A
(2)
(3)
(4)
244
(1)
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
(5)
N/A
(5)
N/A
(5)
N/A
(2)
(3)
(4)
(2)
(3)
(4)
(2)
(3)
(4)
Please explain:
11. Ignition interlock devices provide accurate readings.
(1)
(2)
(3)
(4)
(5)
N/A
12. What areas of the ignition interlock program could be most improved?
13. How could ignition interlocks be made more user-friendly?
14. What is the maximum monthly amount you would be willing to pay for an
ignition interlock device?
245
Appendix 4
Participant Survey Second Version (w/Addendum)
Proposed List of IRB Questions
Advancing Ignition Interlock
Response Scale
(1)
(2)
strongly
disagree
disagree
applicable
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
(4)
(5)
N/A
(2)
(3)
(2)
(3)
(4)
(5)
N/A
(5)
N/A
(2)
(3)
(4)
246
(1)
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
(5)
N/A
(5)
N/A
(5)
N/A
(2)
(3)
(4)
(2)
(3)
(4)
(2)
(3)
(4)
Please explain:
11. Ignition interlock devices provide accurate readings.
(1)
(2)
(3)
(4)
(5)
N/A
12. What areas of the ignition interlock program could be most improved?
13. How could ignition interlocks be made more user-friendly?
14. What is the maximum monthly amount you would be willing to pay for an
ignition interlock device?
15. Do you have access to the internet?
(Yes)
(No)
16. Have you searched for information about ignition interlocks online?
(Yes)
(No)
(2)
(3)
(4)
247
(5)
N/A
18. What other information regarding the ignition interlock program would you
like to be able to access on the web (if any)?
19. Have you tried contacting the MVA with questions on the ignition interlock
program?
(Yes)
(No)
20. It was easy to get in contact with the MVA regarding information about the
ignition interlock program and/or my status.
(1)
(2)
(3)
(4)
(5)
N/A
21. My questions to the MVA regarding the ignition interlock program were
adequately answered.
(1)
(2)
(3)
(4)
248
(5)
N/A
Appendix 5
Participant Survey Third Version
Proposed List of IRB Questions
Revised at program subgroup meeting on Oct. 5, 2004
Interlock Program Participants
1. Please give your overall opinion of the ignition interlock program:
1b. What has been your overall experience with the ignition interlock
device?
2. Rate your experience with rolling retests
Difficult to perform Occasionally distracting
problem
Rarely a problem
Never a
Once
Occasionally
Frequently
249
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
(No)
(2)
(3)
(4)
(5)
N/A
19. Have you tried contacting the MVA with questions on the ignition
interlock program?
(Yes)
(No)
20. It was easy to get in contact with the MVA regarding information
about the ignition interlock program and/or my status.
(1)
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
250
(5)
N/A
Appendix 6
Participant Survey Final Version
Advancing Ignition Interlock
GEMSTONE Program University of Maryland, College Park
Questionnaire for Interlock Program Participants
1. Please give your opinion of the ignition interlock program overall:
1b. Describe your overall experience with your ignition interlock device.
2. Please rank the following aspects of the program which you would
most like to see improved. Please explain how after each item that you
have marked as needing improvement. Select up to 5 items (with #1 =
aspect you most want to see improved, #2=second most important
aspect, etc).
_____ No significant improvements needed.__________________________________
_____ Rolling retests: ____________________________________________________
_____ Start/warm-up time:________________________________________________
_____ Non-alcohol related failures: _________________________________________
_____ Device accuracy: __________________________________________________
_____ Monthly maintenance cost: __________________________________________
_____ Initial installation cost: ______________________________________________
_____ Communication with MVA: ___________________________________________
_____ Communication with vendors: ________________________________________
_____ Other: __________________________________________________________
251
Strong preference
Slight preference
against
Strongly against
Slightly
Rarely(less than 1
Rarely a problem
Occasionally distracting
Once
Occasionally
Frequently
(No)
Agree
Neutral
Disagree
252
Strongly
Disagree
N/A
12. Have you tried contacting the MVA with questions on the ignition
interlock program?
(Yes)
(No)
13. It was easy to get in contact with the MVA regarding information
about the ignition interlock program and/or my status.
Strongly
Agree
Agree
Neutral
Disagree
Strongly
Disagree
N/A
Agree
Neutral
Disagree
253
Strongly
Disagree
N/A
Appendix 7
Expert Interviews
Proposed List of IRB Questions
Advancing Ignition Interlock
Response Scale
(1)
(2)
strongly
disagree
disagree
applicable
(3)
neutral
(4)
agree
(5)
strongly
agree
N/A
not
(2)
(3)
(4)
(5)
N/A
(2)
(3)
(4)
(5)
N/A
3. Have you studied passive alcohol sensors? If so, what are their strengths
and weaknesses? How effective have you found them to be overall?
Passive alcohol sensors are effective in detecting drunkenness.
(1)
(2)
(3)
(4)
254
(5)
N/A
4. What in the current ignition interlock devices could most be improved, and
how?
5. What in the current ignition interlock programs could most be improved,
and how?
6. What are the chances of ignition interlock manufacturers forming an
industry advocacy group? Please explain.
7. What type of devices do you work with/ study?
8. Aside from breathalyzers, what technologies have you studied, or are
aware of that have been adapted as ignition interlock devices?
255
Performance Measures
Range of Operability
Sensitivity
Response
Time
Clear Time
Speed
Fan Operation
Car Model
Temperature
Goals
Goals
Goals
Models
Models
Models
Models
Optimum
= 0.01%
Minimum
= 0.08%
Optimum
< 5-sec
Minimum
< 30-sec
Optimum
< 2-min
Minimum
< 5-min
Baseline
0-mph
256
Advanced
30 to 55-mph
Baseline
off
Advanced
on
Baseline
sedan/SUV
Advanced
sedan/SUV
Baseline
25 C
Advanced
5 C, 40 C
257