3161.0: Monday, October 22, 2001 - Board 1

Abstract #24979

A review of state ignition interlock laws, administrative regulations, and policy procedures for potential legal constraints upon imposition of ignition interlock programs

William J. Rauch, DA1, Michael M. Berlin, JD, MA, ABD2, Eileen M. Ahlin, BA1, and Patricia A. Berlin, JD. (1) Center for Studies on Alcohol, Westat, Rockville, MD, 301-517-4011, rauchb1@westat.com, (2) Criminal Justice and Public Safety Programs, Baltimore City Community College

While ignition interlocks appear promising as a deterrent to drinking and driving, not all states have laws allowing their use and widespread utilization of interlocks has not materialized. The purpose of this study was to: (1) determine current interlock usage in the United States; (2) assess the impact of statutory laws, administrative regulations and policy procedures on interlock usage; (3) evaluate and assess applicable Federal Constitutional, state statutory, case law, and administrative rules and regulations to identify potential legal constraints preventing effective ignition interlock pilot program implementation; and (4) summarize similarities in current state law and administrative regulations. A telephone survey of interlock usage by state and a legal review were conducted to determine potential legal barriers to ignition interlock program implementation. Forty-three (43) states have laws, administrative regulations, or policy procedures providing for either mandatory or discretionary use of interlock devices on vehicles operated by drivers who have been convicted of an alcohol-impaired traffic offense. The legal review concluded that the use of ignition interlocks does not violate the 5th, 8th, or 14th Amendments to the United States Constitution. Based on the legal review, six distinct categories of ignition interlock laws, administrative regulations and policy procedures were identified. At the conclusion of the presentation, participants should be able to evaluate state legal and administrative constraints upon effective ignition interlock pilot program implementation practices.

Learning Objectives: At the conclusion of the presentation, participants should be able to evaluate state legal and administrative constraints upon effective ignition interlock pilot program implementation practices.

Keywords: Alcohol Interlock Devices, Policy/Policy Development

Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: None
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.

The 129th Annual Meeting of APHA