New Alabama law requires more DUI offenders to install ignition interlocks

Everyone arrested for drunk driving in Alabama now must get ignition interlock devices if they want to keep their driving privileges.

A new state law requiring drivers who enter pretrial diversion programs to install the devices took effect July 1.

"We believe lives will be saved as a direct result of this bill being passed," Pamela Morton, state victims services coordinator for Mothers Against Drunk Driving said.

MADD has supported legislation requiring all DUI offenders to have an ignition interlock for more than a decade. All states have ignition interlock laws, but not all require them for first offenders.

For several years, Alabama has required some first-time DUI offenders and all repeat offenders to install ignition interlocks. At a minimum, offenders face a choice of a 90-day license suspension or installing an ignition device with a first conviction.

But the law previously did not cover those who enter pretrial diversion. Those programs generally require offenders to pay fees, take drug tests and meet other demands, with the reward of having their charge dropped if they fulfill all the obligations.

The new law says a person arrested for DUI who enters pretrial diversion must have an ignition interlock for at least six months or until they complete pretrial diversion.

Sen. Jim McClendon, R-Springville, who sponsored the bill, said research shows that the interlock devices work best as a deterrent if required with a first offense.

"The repeat offenders, that's a real issue," McClendon said. "And it's proven statistically in other states that it's extremely effective."

MADD publishes statistics that it says show the effectiveness of ignition interlocks at reducing repeat offenses.

Nationally, more than 10,000 people die each year from drunk-driving crashes, according to the National Highway Traffic Safety Administration, even though that number has declined by a third in the last three decades.

In Alabama, 279 people died in 2016 from crashes in which the driver's blood alcohol content was over the legal limit. That accounted for more than one-fourth of traffic fatalities in the state that year.

According to the Alabama Law Enforcement Agency, 874 drivers in the state have licenses restricted to driving with an interlock device.

Mark Polson, a Birmingham attorney who represents DUI offenders, said the new requirement for pretrial diversion participants is counterproductive.

Polson noted that drivers who enter pretrial diversion submit to drug screens that will inform the court if they drink. He said pretrial diversion is effective but the new requirement will hurt participation by making it more expensive. Offenders pay to have the devices installed and monitored unless they are deemed indigent by a court.

"I think it's foolish," Polson said. "It's a way that the powers that be can shake the money tree."

Polson attributed the bill's passage to lobbying by the companies that install the interlocks to boost their business.

McClendon said that was not true, at least as it pertains to his role in sponsoring the legislation. He said he had worked on ignition interlock legislation for years and had minimal interaction with representatives of the industry.

"The attorney is mistaken about that," McClendon said.

Craig Lotz, CEO of Senso-Lock of America, a state-approved provider of the devices, said offenders pay about $110 for installation and about $80 a month to have the devices serviced each month.

The law also requires offenders to pay a $200 fee that goes to an indigent fund, a traffic safety fund and court and prosecutor funds. The new law reduced that fee from $300.

Previously, indigent defendants paid one-half the cost of installation but are no longer required to do so under the new law. The new law requires interlock companies to provide devices for a minimum number of indigent offenders - 5 percent of all the customers the devices they provide.

Before starting their vehicle, the driver blows into the machine, which is a little larger than a cell phone. If the machine reads a blood alcohol level of 0.02 or more, the car won't start. The legal limit for driving is 0.08.

If the driver passes the initial check, the machine asks for a second blow in the next 10 minutes or so, and then at random intervals afterward. That's to try to stop an impaired driver from using another person to blow or from starting to drink after they've cranked up.

"Oftentimes people might think, hmm, once I get this vehicle started, I'll just have a six-pack of beer just waiting in the console," Morton said. "But at different intervals in the driving process it might tell you to pull over to a safe spot and have to blow again. That's the beauty of it."

The devices record the tests and the retests. So authorities will find out if the driver has tried to start the car while impaired or has ignored the machine's calls for retests.

Chris Conrad, who installs ignition interlocks at CKR Mobile Technology in Montgomery, said if a driver fails too many tests or skips too many retests, the devices lock them out and they have to bring them in and pay a $15 service fee to have them unlocked.

Morton said ignition devices add a key safeguard because license suspensions don't necessarily prevent a DUI offender from driving drunk again. And the devices allow the person with a DUI conviction or charge to still drive to work and take care of their responsibilities.

"Why do people continue to drink and drive?" Morton asked. "My thought on that is because they've gotten away with it so many times. Statistics say the average drunk driver drives in excess of 80-plus times before they're caught the first time."

Carolyn Tyus, a victims service officer for the Montgomery County District Attorney's office, lost her son 10 years ago in a wreck caused by a drunk driver with four prior DUIs. Renota Tyus had been out with friends and was on his way home. He was 21.

"He had the right of way, and the gentleman was doing 67 in a 25," Tyus said. "And he ran the red light, crashed into my son. My son was basically killed on impact."

Tyus volunteers for MADD, telling her story at victim impact panels, schools and in other forums. Tyus applauds the requirement for more ignition interlocks and believes it will help save lives, although she concedes some will still find ways to get behind the wheel while impaired.

Renota Tyus had a son and a daughter. Devonte is 14 and attends Tallassee High School. Renajah is 13 and lives in Georgia. Both are athletes and honor students. Tyus notes that her son will never see Devonte play football or Renajah dance or play soccer.

"They'll never get that enjoyment with their dad," Tyus said. "He'll never see them graduate."

A first conviction for DUI in Alabama results in a 90-day license suspension, but the offender can elect to have an ignition interlock for 90 days in lieu of the suspension.

First offenders who refuse a blood alcohol test, blow a 0.15 or more, have a child in the car or cause an injury to someone else are required to have an interlock device for one year after they complete a 90-day license suspension.

Penalties increase with subsequent offenses.

This story was updated at 9:40 a.m. on July 21 to add information about interlock fees and provisions for indigents.