Tom Manuel
AAMVA Program Director, Driver Fitness

An article posted Jan. 10, 2011 on Hawaii News Now caught our eye. The article, “New DUI ignition interlock law flawed,” by Brooks Baehr, focuses on a flaw in Hawaii's new ignition interlock law that prevents second and third time DUI offenders (known as "repeat offenders" in the law enforcement community) from being able to get the device installed in their cars. As defense attorney Paul Cunney told Hawaii News Now, "The second offender, does not qualify for the ignition interlock because he has to surrender his license plates and his registration, therefore he's got no car."

As you can imagine, this is something that lawmakers in Hawaii are planning to change once the legislature convenes later this month.

Experience has told those in the law enforcement community that what tends to happen a state suspends or revokes a vehicle registration or tag, is that the alcohol offender will transfer ownership of the vehicle to another family member--which in turn allows the person to continue to drive his or her vehicle.

An effective ignition interlock program requires an interlock restriction on the driver's license even if the driver has no vehicle. We know that some drivers with a suspended or revoked driver's license continue to drive--albeit less frequently and with more caution to limit their exposure to escape detection from law enforcement. The interlock restriction (meaning the driver is only allowed to drive with an interlock installed in the vehicle) on the driver's license has similar effects as a suspension or revocation.  While the driver may illegally drive a vehicle without the device installed, the driver will operate the car less frequently and more carefully so as not to get caught violating their restriction.

That said, Hawaii might consider an ignition interlock program that includes an interlock restriction on all drivers that are eligible for their program, regardless of vehicle ownership or availability.