Hawaii’s ignition interlock program moves past budget concerns

HONOLULU—A bill making amendments to Hawaii’s ignition interlock program was signed into law today. Senate Bill 2897 changes the rules for repeat offenders, creates penalties for tampering with the ignition interlock system, and addresses affordability concerns.

In Hawaii, alcohol related deaths have shown a moderate increase in recent years, according to the U.S. Deptartment of Transportation, National Highway Traffic Safety Administration. In 2006, out of all traffic fatalities, 40 percent involved a blood alcohol concentration (BAC) of 0.08 or higher. In 2008, 50 of 107 traffic fatalities were alcohol related.

“While gains have been made in reducing both driving under the influence arrests and the total number of alcohol-related fatalities, today’s offender is more likely to have a highly elevated alcohol concentration and, as a whole, Hawaii’s rate of alcohol-related fatalities remains unacceptably high,” stated the joint legislative committees on the bill in April. “At the same time, people whose licenses have been revoked still need to get to work, to transport their families, and to fulfill other obligations, and sit in some cases, there is no efficient alternative to driving. Just as there is no single cause of this problem, there is no single solution, and Hawaii needs another tool to address it.”

Interlock devices are small, sophisticated instruments (about the size of a cell phone) installed into the starting circuit of vehicles. The driver blows into the device using a special technique that discourages others, who have not been trained, from performing the procedure. Some devices also come equipped with a digital camera that takes a synchronized photo of the person initiating the test. In just a few seconds, the device determines if the operator is alcohol-impaired, based on pre-programmed parameters. The vehicle starts up for a sober driver and will not start for a drinking driver.

Periodic re-tests are required after the car is underway. A data logger captures and reports all pertinent data, including attempts to circumvent or tamper with the device. Offenders, not taxpayers, absorb the costs for the installation and operation of these devices.

SB2897, which takes effect on Jan. 1, 2011, is the third of three laws enacted since 2008 to implement the ignition interlock program to keep drunk drivers off of Hawaii’s highways.

In 2008, Governor Linda Lingle signed Act 171 that established the framework for an ignition interlock program in Hawaii. That Act created a 26-member Task Force to work out the steps to implement the program. Task Force members were comprised of government agencies and community stakeholders to study the feasibility of requiring the installation of ignition interlock devices on vehicles of offenders convicted of driving under the influence.

In 2009, the Governor signed Act 88 that addressed some of the key implementation issues and extended the Task Force for another year. It also gave the State Department of Transportation (DOT) rulemaking authority to operate the program and allowed the department to seek a single vendor to install and maintain the interlock devices.

The latest law updates the previous two measures and makes policy changes. Most notably, this measure eliminates probation for second and third time offenders and instead these convicted offenders will be required to show “proof of compliance” with the interlock law. The State Judiciary was concerned that the program’s probation rules would tax their “thinly-stretched budgetary and personnel resources.”

Mothers Against Drunk Driving had testified against lawmakers removing probation for repeat offenders due to cost concerns.

“MADD, along with the Ignition Interlock Task Force as a whole, is disappointed that the major change made to the interlock program as a result of the State’s budgetary crisis is the forgoing of one of the key enforcement measures—probation for repeat offenders,” said MADD chairman Arkie Koehl in testimony. “We share the expectation that future fiscal improvements will restore this important tool.”

In addition, the amended ignition interlock law:

* Creates the offense of tampering with an interlock device or aiding and abetting the circumvention of a device. Those convicted are subject to fines and jail time.
* Makes refusal to submit to a breath, blood or urine test a petty misdemeanor.
* Clarifies definition, including the definition of ignition interlock device, and repeals the definition of highly intoxicated driver.
* Specifies the contents of the notification of revocation of a driver’s license, or vehicle registration including terms for surrendering of a vehicle’s license plates.
* Forbids issuing an ignition interlock system to a person who was arrested and did not hold a valid driver’s license at the time they were driving.

“This measure provides resources to improve our efforts to stop impaired driving and the tragedies that result from drunk driving,” said Lt. Governor James “Duke” Aiona, who signed the bill into law as acting governor. “Most of the injuries, fatalities, and property damage caused by drunk drivers are preventable and we must keep these drivers off of our highways.”