Answers to Common Questions About Ignition
Interlocks
When are Ignition Interlocks Used?
Ignition Interlocks are ordered by law in 43 states
for convicted DUI/DWI cases. In Missouri and
Kansas, they are prescribed by the state for second
time convictions. Missouri orders them for two years
and Kansas orders them for one year after a one
year license suspension.
Some municipalities order Ignition Interlocks for
first time convictions with sentences commonly
running one year with the defendant gaining an
SIS for completing the program successfully.
Some defense attorneys use the Ignition Interlock as a plea bargain tool in trying to get a
lesser sentence for the defendant (SIS or Diversion) or to enable the defendant to keep their
drivers license thereby allowing them to function normally in society, yet still protecting
society from future drinking and driving behavior.
What is an Ignition Interlock and How Does It Work?
An ignition interlock is a great-testing device which is installed directly into the wiring of a
vehicle. The law provides for the mandatory installation of an interlock on a second DWI
conviction, and optional installation on a first.
The interlock works by eliciting a breath sample before the vehicle is started, five minutes
after it is started (rolling retest), and at 30 minute intervals while the vehicle is being driven.
If the driver takes and passes each breath test, the vehicle functions as normal.
What Happens if the Person Has Been Drinking?
If a person blows a breath-alcohol content (BrAC) at or above the fail level of .02 in Missouri
and .04 in Kansas, the interlock will record the fail on it's computer chip.
If the driver fails the test while attempting to start the vehicle, they vehicle cannot be started
until a test is passed. Three fails in a row will result in a temporary (15 minute) lockout.
If the driver fails three test in a row while driving the vehicle, the computer records the
violation as a "Retest Violation" and starts the horn honking (in the pattern of a car alarm).
This forces the driver to pull over and shut the engine off. Due to safety reasons, the
interlock cannot shut the car off. The vehicle then enters a temporary lockout, whereby the
driver must wait 15 minutes before being able to test again. When BrAC is below the states'
set level, the vehicle can again be started.
Why are the Violations Recorded on a Chip?
The information stored on the chip forms the basis for a report that is generated each month
and sent to the court-designated agency - usually a probation agency.
Kansas interlock regulations stipulate that a report generated by the interlock and containing
a summary of all fails and violations MUST be sent to the court-appointed agency every 60
days. Missouri interlock regulations required a report be submitted every 30 days. This is
an excellent tool for determining whether the defendant has been drinking and driving.
Without it a probation officer must rely solely on the defendant's word.
Can the Interlock Substantiate Violation of Probation?
As stated earlier, the goal of the interlock is to deter drinking and driving, not to re-convict an
already-convicted DWI offender.
In most cases, when a defendant is ordered by the court to install an ignition interlock, he or
she is also ordered not to drink for the term of probations - ostensibly to rule out the
possibility of drinking and driving. As the court is not naive enough to believe that simply
ordering someone to not drink will result in the cessation of drinking and driving, the
interlock is ordered as a countermeasure. In fact, according to a study entitled, "Stanching
the Flow" by Joplin City Prosecutor David Barrett, over 82% of defendants attempt to drink
and drive even with an interlock installed.
Evergreen Ignition Interlock does not have the authority to violate a defendant's probation.
That is the right of the probation agent or judge. Our job is to report to the court-appointed
agency and to provide a bimonthly or monthly summary generated by the interlock of all fails
and violations. In addition, we include an interpretation of the data for the convenience of
those reading the report.
The final and only decision to violate a defendant belongs solely to the probation officer or
the court.
How Accurate is the Interlock?
The interlock is an accurate instrument, utilizing the same technology as the breathalyzers
used by the police department.
The difference is that at the police department, the breathalyzer is administered in a
controlled environment, i.e., the alleged drunk driver is not allowed any food, drink or tobacco
products for 20 minutes before being given the test. This rules out the likelihood of any
false-positive readings caused by substances other than alcohol.
the interlock is adapted to be utilized in the field, inside the vehicle itself. The conditions in
the vehicle, even in a best-case scenario, can never achieve those within the controlled lab.
Alcohol-based agents such as mouthwash, exhaust fumes, even heavy perfumes, can
register false-positive readings. Another culprit is cigarette smoke blown directly into the
unit during a test. We educate our clients to the best of our ability during the installation
process to help them avoid failing due to factors other than alcohol. However, as we cannot
control what a person does in his or her own vehicle, we can only attempt to identify the false
positives as separate from alcohol.
How we do this is by looking to the readings 15 minutes before and 15 minutes after the fail.
If the fail (reading of .04 for Kansas or .02 for Missouri) is surrounded by readings of 0.00,
the fail appears as an aberration and is clearly a false positive. In this case, we write, "OK"
beside it on the report. Alcohol enters the system in a steady rise until it peaks, then
diminishes incrementally - remaining in the system longer than substances that may cause
false-positive readings.
How Can a Defendant "Beat" the Interlock?
Aside from the fact that it is a Class A Misdemeanor to do so, this is perhaps the most
frequently asked question by probation officers and law enforcement, and it deserves
attention.
Various universities, including the University of Maryland, have devoted funds and research
to the development and efficacy of the ignition interlock system. Studies have proven the
interlock to be a very effective tool to deter drinking a driving because drinking and driving is
not a premeditative crime; it occurs due to a lack of planning. A person goes out to have a
few drinks for fun or to unwind and soon he or she is over the legal limit. How many times
have you heard someone say, "I know when I've had too much?" the "bravado of the drink"
allows the drinker to honestly believe that he or she is sober enough to drive home. The
drinker does not call a cab or a friend, deeming himself fit to drive.
What if the drinker does ask another person to blow? In addition to being a Class A
Misdemeanor, the State of Kansas mandates that the fail level of the interlock be set at .04
and the State Of Missouri mandates a fail level of .02. This is a minimal-tolerance policy.
Two drinks can conceivably render a BrAC or .04 or above. If a drinker premeditated to
commit the crime of drink driving by having someone else blow into the interlock for them,
the person blowing would have to be sober in order to pass. The sober person would then
have to take the risk of riding along in the passenger seat with an intoxicated driver in order
to take the rolling retests at random intervals.
If a drinker cannot start his or her vehicle with a VrAC above .04 (Kansas) or .02 (Missouri)
and must call a friend to get a ride home, then the interlock has done its job. If a drinker
learns to appoint a designated driver, then the interlock has done its job. The interlock is
not designed to stop a person from drinking or convict a person of DWI; it is designed to
deter drinking and driving. It may also function to modify behavior, this making our streets
safer for the public.
How Can the Interlock Modify Behavior?
Perhaps one of the best features of the interlock is its ability to actually modify the behavior
of the defendant.
After a year or two of repetitive testing, day in day out, every time the vehicle is driven, learned
habits to drink and drive can be changed. Moreover, with a fail level of .04 (Kansas) or .02
(Missouri, a drinker is compelled to reduce alcohol consumption the night before in order to
start his or her car in the morning. Families of defendants have told us that this dramatically
improves their home life. Also, the social stigma of telling everyone why you have to test for
alcohol is a potent deterrent for recidivism.
What if they Hook up and Air Compressor or Balloon, or Wire Around
the Interlock?
The Lifesafer SC100 and FC100, which are the interlock models used by Evergreen, have
built-in safeguards in the event the drinker attempts to thwart the system. State regulations
mandate that interlocks must provide for bogus air detection. Our units require clients to
make a humming sound while blowing or the test is not accepted. This is registered on the
chip as an "Abort". Excessive aborts cause the vehicle to go into temporary lockout mode; a
drinker trying to get home by aborting tests instead of taking them will be thwarted. Other
interlock companies, by state regulations, should use bogus air detection methods. Always
check with an interlock provider to make sure that their method is TURNED ON.
If the drinker wires around the interlock in order to circumvent it and illegally starts the
vehicle, this event is recorded on the chip as a "Start Violation." The interlock will still
operate and ask for tests. If the drinker refuses to test, it registers a "Retest Violation" on the
chip and starts the horn honking.
What About the Cost - Isn't it Expensive?
Can the defendant afford to smoke a pack of cigarettes a day? Cable TV? One drink at a
bar? While not minimizing the cost factor involved in having an interlock, it is important to
consider that affordability is almost always a matter of priority.
The interlock costs approximately $2.00 per day. Considering that the average second DWI
offender is spending up to $16.00 per day on alcohol, the interlock is very reasonable. The
most cited reason for not using the interlock is that the cost places an undue burden on the
family of the defendant. Let us not place the blame on the interlock while failing to address
the true burden on the family - the alcohol.
We have made comparisons of the cost of the interlock to various daily non-essential items.
Final Thoughts
While no one program has proven to be 100% successful to deter drinking and driving, the
interlock is a physical barrier to driving while intoxicated. It is also an excellent tool for
probation and has proven to reduce recidivism.
In our experience, we have found that defendants are extremely resistant to installing the
interlock system at first, and will do anything possible to avoid doing so. However, when
interviewed at the end of probation, over 50% have said that the interlock has made a
positive impact by preventing them from drinking and driving and permanently modifying
their habits. Approximately %5 of our clients keep the interlock on a voluntary basis after the
court order has ended.
Interlocks
When are Ignition Interlocks Used?
Ignition Interlocks are ordered by law in 43 states
for convicted DUI/DWI cases. In Missouri and
Kansas, they are prescribed by the state for second
time convictions. Missouri orders them for two years
and Kansas orders them for one year after a one
year license suspension.
Some municipalities order Ignition Interlocks for
first time convictions with sentences commonly
running one year with the defendant gaining an
SIS for completing the program successfully.
Some defense attorneys use the Ignition Interlock as a plea bargain tool in trying to get a
lesser sentence for the defendant (SIS or Diversion) or to enable the defendant to keep their
drivers license thereby allowing them to function normally in society, yet still protecting
society from future drinking and driving behavior.
What is an Ignition Interlock and How Does It Work?
An ignition interlock is a great-testing device which is installed directly into the wiring of a
vehicle. The law provides for the mandatory installation of an interlock on a second DWI
conviction, and optional installation on a first.
The interlock works by eliciting a breath sample before the vehicle is started, five minutes
after it is started (rolling retest), and at 30 minute intervals while the vehicle is being driven.
If the driver takes and passes each breath test, the vehicle functions as normal.
What Happens if the Person Has Been Drinking?
If a person blows a breath-alcohol content (BrAC) at or above the fail level of .02 in Missouri
and .04 in Kansas, the interlock will record the fail on it's computer chip.
If the driver fails the test while attempting to start the vehicle, they vehicle cannot be started
until a test is passed. Three fails in a row will result in a temporary (15 minute) lockout.
If the driver fails three test in a row while driving the vehicle, the computer records the
violation as a "Retest Violation" and starts the horn honking (in the pattern of a car alarm).
This forces the driver to pull over and shut the engine off. Due to safety reasons, the
interlock cannot shut the car off. The vehicle then enters a temporary lockout, whereby the
driver must wait 15 minutes before being able to test again. When BrAC is below the states'
set level, the vehicle can again be started.
Why are the Violations Recorded on a Chip?
The information stored on the chip forms the basis for a report that is generated each month
and sent to the court-designated agency - usually a probation agency.
Kansas interlock regulations stipulate that a report generated by the interlock and containing
a summary of all fails and violations MUST be sent to the court-appointed agency every 60
days. Missouri interlock regulations required a report be submitted every 30 days. This is
an excellent tool for determining whether the defendant has been drinking and driving.
Without it a probation officer must rely solely on the defendant's word.
Can the Interlock Substantiate Violation of Probation?
As stated earlier, the goal of the interlock is to deter drinking and driving, not to re-convict an
already-convicted DWI offender.
In most cases, when a defendant is ordered by the court to install an ignition interlock, he or
she is also ordered not to drink for the term of probations - ostensibly to rule out the
possibility of drinking and driving. As the court is not naive enough to believe that simply
ordering someone to not drink will result in the cessation of drinking and driving, the
interlock is ordered as a countermeasure. In fact, according to a study entitled, "Stanching
the Flow" by Joplin City Prosecutor David Barrett, over 82% of defendants attempt to drink
and drive even with an interlock installed.
Evergreen Ignition Interlock does not have the authority to violate a defendant's probation.
That is the right of the probation agent or judge. Our job is to report to the court-appointed
agency and to provide a bimonthly or monthly summary generated by the interlock of all fails
and violations. In addition, we include an interpretation of the data for the convenience of
those reading the report.
The final and only decision to violate a defendant belongs solely to the probation officer or
the court.
How Accurate is the Interlock?
The interlock is an accurate instrument, utilizing the same technology as the breathalyzers
used by the police department.
The difference is that at the police department, the breathalyzer is administered in a
controlled environment, i.e., the alleged drunk driver is not allowed any food, drink or tobacco
products for 20 minutes before being given the test. This rules out the likelihood of any
false-positive readings caused by substances other than alcohol.
the interlock is adapted to be utilized in the field, inside the vehicle itself. The conditions in
the vehicle, even in a best-case scenario, can never achieve those within the controlled lab.
Alcohol-based agents such as mouthwash, exhaust fumes, even heavy perfumes, can
register false-positive readings. Another culprit is cigarette smoke blown directly into the
unit during a test. We educate our clients to the best of our ability during the installation
process to help them avoid failing due to factors other than alcohol. However, as we cannot
control what a person does in his or her own vehicle, we can only attempt to identify the false
positives as separate from alcohol.
How we do this is by looking to the readings 15 minutes before and 15 minutes after the fail.
If the fail (reading of .04 for Kansas or .02 for Missouri) is surrounded by readings of 0.00,
the fail appears as an aberration and is clearly a false positive. In this case, we write, "OK"
beside it on the report. Alcohol enters the system in a steady rise until it peaks, then
diminishes incrementally - remaining in the system longer than substances that may cause
false-positive readings.
How Can a Defendant "Beat" the Interlock?
Aside from the fact that it is a Class A Misdemeanor to do so, this is perhaps the most
frequently asked question by probation officers and law enforcement, and it deserves
attention.
Various universities, including the University of Maryland, have devoted funds and research
to the development and efficacy of the ignition interlock system. Studies have proven the
interlock to be a very effective tool to deter drinking a driving because drinking and driving is
not a premeditative crime; it occurs due to a lack of planning. A person goes out to have a
few drinks for fun or to unwind and soon he or she is over the legal limit. How many times
have you heard someone say, "I know when I've had too much?" the "bravado of the drink"
allows the drinker to honestly believe that he or she is sober enough to drive home. The
drinker does not call a cab or a friend, deeming himself fit to drive.
What if the drinker does ask another person to blow? In addition to being a Class A
Misdemeanor, the State of Kansas mandates that the fail level of the interlock be set at .04
and the State Of Missouri mandates a fail level of .02. This is a minimal-tolerance policy.
Two drinks can conceivably render a BrAC or .04 or above. If a drinker premeditated to
commit the crime of drink driving by having someone else blow into the interlock for them,
the person blowing would have to be sober in order to pass. The sober person would then
have to take the risk of riding along in the passenger seat with an intoxicated driver in order
to take the rolling retests at random intervals.
If a drinker cannot start his or her vehicle with a VrAC above .04 (Kansas) or .02 (Missouri)
and must call a friend to get a ride home, then the interlock has done its job. If a drinker
learns to appoint a designated driver, then the interlock has done its job. The interlock is
not designed to stop a person from drinking or convict a person of DWI; it is designed to
deter drinking and driving. It may also function to modify behavior, this making our streets
safer for the public.
How Can the Interlock Modify Behavior?
Perhaps one of the best features of the interlock is its ability to actually modify the behavior
of the defendant.
After a year or two of repetitive testing, day in day out, every time the vehicle is driven, learned
habits to drink and drive can be changed. Moreover, with a fail level of .04 (Kansas) or .02
(Missouri, a drinker is compelled to reduce alcohol consumption the night before in order to
start his or her car in the morning. Families of defendants have told us that this dramatically
improves their home life. Also, the social stigma of telling everyone why you have to test for
alcohol is a potent deterrent for recidivism.
What if they Hook up and Air Compressor or Balloon, or Wire Around
the Interlock?
The Lifesafer SC100 and FC100, which are the interlock models used by Evergreen, have
built-in safeguards in the event the drinker attempts to thwart the system. State regulations
mandate that interlocks must provide for bogus air detection. Our units require clients to
make a humming sound while blowing or the test is not accepted. This is registered on the
chip as an "Abort". Excessive aborts cause the vehicle to go into temporary lockout mode; a
drinker trying to get home by aborting tests instead of taking them will be thwarted. Other
interlock companies, by state regulations, should use bogus air detection methods. Always
check with an interlock provider to make sure that their method is TURNED ON.
If the drinker wires around the interlock in order to circumvent it and illegally starts the
vehicle, this event is recorded on the chip as a "Start Violation." The interlock will still
operate and ask for tests. If the drinker refuses to test, it registers a "Retest Violation" on the
chip and starts the horn honking.
What About the Cost - Isn't it Expensive?
Can the defendant afford to smoke a pack of cigarettes a day? Cable TV? One drink at a
bar? While not minimizing the cost factor involved in having an interlock, it is important to
consider that affordability is almost always a matter of priority.
The interlock costs approximately $2.00 per day. Considering that the average second DWI
offender is spending up to $16.00 per day on alcohol, the interlock is very reasonable. The
most cited reason for not using the interlock is that the cost places an undue burden on the
family of the defendant. Let us not place the blame on the interlock while failing to address
the true burden on the family - the alcohol.
We have made comparisons of the cost of the interlock to various daily non-essential items.
Final Thoughts
While no one program has proven to be 100% successful to deter drinking and driving, the
interlock is a physical barrier to driving while intoxicated. It is also an excellent tool for
probation and has proven to reduce recidivism.
In our experience, we have found that defendants are extremely resistant to installing the
interlock system at first, and will do anything possible to avoid doing so. However, when
interviewed at the end of probation, over 50% have said that the interlock has made a
positive impact by preventing them from drinking and driving and permanently modifying
their habits. Approximately %5 of our clients keep the interlock on a voluntary basis after the
court order has ended.
Evergreen Ignition Interlock, Inc. ©2005 All Rights Reserved
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| Kansas and Missouri Certified and Approved to provide LifeSafer model FC-100 Breath Alcohol Ignition Interlock Device |
