DALLAS (May 22, 2008) – Court monitors with Mothers Against Drunk Driving (MADD) tracked 487 DUI/DWI cases filed over the 2007 Memorial Day weekend in Nebraska, Virginia, Missouri, Kentucky, Georgia, Louisiana, New Mexico and Texas. This is the second year Operation Memorial Day monitors have followed cases. Each state has some form of interlock law, however, most of the states monitored showed poor interlock compliance, either through their chosen sanctions or because the case outcomes had not yet been determined.
Drunk driving cases were monitored over a six month period, from May 2007 to November 2007. Court monitors tracked several categories, including whether ignition interlocks were included as part of sanctions, the ages of the offenders and whether the cases involved first time or repeat offenders.
Alcohol ignition interlocks were mandated in 100 percent of the DUI cases monitored in Albuquerque, N.M. during the project. New Mexico passed a comprehensive first-conviction ignition interlock law in 2005. Alcohol related fatalities with a driver at or above .08 BAC dropped 8.7 percent in the first year after New Mexico passed their interlock law according to the National Highway Traffic and Safety Administration (NHTSA). While Louisiana passed ignition interlocks in 2007, court monitors were unable to determine whether interlocks would be mandated because a disproportionate number (8 out of 9) of the cases were still pending after six months.
Studies show a decrease in recidivism up to 90 percent among convicted drunk drivers while the alcohol ignition interlock device is on the vehicle according to several metastudies on interlock data. “It is alarming when so many states have the technology available but don’t use it to prevent future drunk driving trips,” said Glynn R. Birch, MADD national president. “There are about 1.4 million drunk driving arrests annually, leading to 1 million convictions and yet only about 135,000 interlocks being used.”
MADD’s Campaign to Eliminate Drunk Driving has pushed interlocks into the limelight with many states passing the lifesaving legislation since the Campaign kicked off two years ago. In 2007, Arizona, Illinois and Louisiana passed mandatory first-conviction interlock legislation, and in 2008, Washington, Nebraska and Colorado followed. MADD court monitors tracked cases in Nebraska, where ignition interlocks were only mandated in about 20 percent of the monitored cases. “With the new law going into effect in January 2009, MADD expects interlock compliance to increase dramatically,” said Simera Reynolds, MADD Nebraska executive director.
After monitoring Houston’s courts, MADD found a vast majority of defendants chose jail time for punishment, instead of probation, to avoid the installation of the ignition interlock device. This sends a message to those convicted that they can avoid having an ignition interlock on their vehicle. Court monitors brought this to the attention of members of the criminal justice system who are currently investigating. “It is one of the most effective ways to keep the roads safe for everyone and help decrease repeat offenses. Interlocks require offenders to drive sober, which protects the public, allows the offender to work and keeps them from driving on a suspended license, which many offenders do, unfortunately.” said Hope Rangel, MADD Southeast Texas Region.
Among the tracked cases nationwide, the average age of offenders was between 21 and 34, and the majority of those charged were first time offenders. This reflects national data showing that the majority of drunk driving offenders are first time “arrestees,” not first time drunk drivers. Research shows first time arrestees have driven drunk an average of 87 times before that first arrest.
MADD volunteers trained in court procedures observe cases and note the outcomes. After a review of over 5,000 cases from the past 18 months, court monitors take the information analyzed and focus on: whether interlocks are part of sentencing, if relevant under the law; reducing the number of dismissals and increasing the number of guilty pleas. They then work with members of the criminal justice community to determine progress in these areas. Monitors also work closely with law enforcement to conduct “No Refusal” nights, which can help expedite the DUI process and conviction success. Drivers stopped for drunk driving are given a mandatory blood draw if they refused a breath test to determine their blood alcohol content (BAC).
Ten communities participated in Operation Memorial Day 2007: Nebraska (Gage, Saline, Lancaster, Saunders, Hall); Virginia (Virginia Beach); Missouri (Cole County and St. Louis County); Kentucky (Clay County and Gallatin County); Georgia (Atlanta); Louisiana (Baton Rouge); New Mexico (Albuquerque); Texas (Dallas and Houston). The project will continue in 2008 with new cities participating. Other states conducting court monitoring but not participating in Operation Memorial Day 2007 are: Illinois (Springfield), North Carolina (Raleigh-Durham), Hawaii (Oahu and the Big Island), Colorado, Maryland, Pennsylvania, Mississippi and Arizona.
The Campaign to Eliminate Drunk Driving, launched in November 2006, has four elements: intensive, high-visibility law enforcement, full implementation of alcohol ignition interlocks for all convicted drunk drivers, development of advanced vehicle technologies to prevent drunk driving and grassroots support led by MADD and its 400+ affiliates, to make the elimination of drunk driving a reality. For more information on MADD’s Campaign or Court Monitoring, please visit www.madd.org.
For more information, including an Operation Memorial Day PSA, click here.
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