This is the second installment of “Locked Out” a 2-part investigation into the MA RMV’s ignition interlock program. Part 1 first aired Thursday morning and can be found here.
A Tewksbury Police Officer used a Breathalyzer to determine Richard Carvalho was sober right after an ignition interlock device in his pickup registered his breath alcohol at .067, near the legal limit for drunk driving in Massachusetts of 0.08.
An Acton woman lost her license for 10 years for interlock violations that occurred 4 years after she said she quit drinking and joined Alcoholics Anonymous.
And Tanya Adames from Walpole said she had to stop using her asthma inhaler while driving because her interlock registered alcohol on her breath after she used it.
“I got the violation for my asthma medication, my inhaler,” Adames told investigative reporter Ted Daniel, “I’m on my way to work at 8:00 in the morning. I’m not, you know, drinking.”
Massachusetts requires repeat and some first-time drunk drivers to have interlock devices hardwired to their vehicle’s ignition system by a state-approved installer at a cost of about $1,600 a year, including monthly maintenance fees.
INTERLOCKS REDUCE FATALITIES
According to the National Highway Traffic Safety Administration (NHTSA), “offenders who had interlocks installed in their vehicles had arrest recidivism rates that were 75% lower than drivers who did not have interlocks installed.” NHTSA also found interlocks reduce alcohol-related crashes and fatalities.
In Massachusetts, mandated interlock users must pass a breath test before starting their vehicle and submit to “rolling retests” while driving. Any reading above 0.02, equivalent to about one drink, is considered a violation that can lead to a 10-year loss of license from the Massachusetts Registry of Motor Vehicles (RMV).
EATING BREAD CAN LEAD TO A VIOLATION
Interlock device manufacturers warn customers not to eat or drink for at least 15 minutes prior to submitting to a test. That’s because the devices are highly sensitive and detect alcohol in the mouth or breath and not in the bloodstream.
Intoxalock, an RMV-approved interlock device manufacturer tells customers on its website, “Factors like the food you eat to environmental conditions or personal care products that contain alcohol can result in a positive reading, leaving users confused and frustrated.”
Unscientific demonstrations posted on YouTube show white bread, honey buns, hand sanitizer, windshield washer fluid, perfume, sunscreen, hair spray, aftershave, Tic Tacs, vanilla extract, Cliff bars, mouthwash, and even “non-alcoholic” beer can produce elevated alcohol readings that can trigger a license suspension in Massachusetts if consumed before testing.
In one YouTube video, former Virginia-based DUI attorney Luke Nichols blew a 0.708 on an interlock device, or nearly 9 times the legal limit for drunk driving in Massachusetts of .08, immediately after using Listerine Cool Mint.
‘SOME HAVE NEVER ENDING PROBLEMS’
“I tell the customers right off the bat that you’re going to have all kinds of issues,” said Troy Richard, the sales manager at Audiowerks in Tewksbury.
Richard and shop owner Matt Shay install and service two brands of RMV-approved interlock devices. They said devices the companies provide to the store to install are typically refurbished and according to Shay, they don’t always function correctly.
“We have some customers: everything’s hunky dory. But some have never-ending problems,” Shay said, “a lot of times it’s a faulty unit, this thing is the way you’re getting around and now it doesn’t work. It makes it a lot more frustrating.
‘DRAMATIC INCREASE’ IN APPEALS
25 Investigates found there are 736 people currently appealing RMV interlock-related license suspensions to the Massachusetts Division of Insurance (DOI) Board of Appeal. A DOI spokesperson said, “Appeals of suspensions involving an interlock device violation are complex and have increased dramatically in number—especially in 2022 where volume tripled and continues rising—which can result in longer wait times for those appeals to be heard.”
The wait time to appeal a 10-year interlock-related license suspension is 18-20 months and appellants are prohibited from driving during that time. “The typical IVO appeal is at least one hundred pages long and includes documentation provided by the RMV and the appellant,” a DOI spokesperson said.
Brian Simoneau, a DUI attorney who specializes in interlock cases, said, “There’s no doubt about it that the intentions are good,” but he added that “customers have to move mountains to satisfy the registry to show that they shouldn’t be held accountable,” when questionable violations occur.
25 Investigates wanted to know if the dramatic rise in appeals is because of more violations or more suspensions upheld by RMV Hearing Officers. Jacquelyn Goddard, Director of Communications, MassDOT said “We have not seen the data to confirm the accuracy of that statistic.” The data was provided by the DOI, another state agency.
MADD: ‘BURDENSOME REGULATIONS’
Mothers Against Drunk Driving (MADD) supports mandating interlocks for all convicted drunk drivers, including first offenders, nationwide. Frank Harris, State Government Affairs Director, MADD said interlocks have reduced drunk driving deaths by 16% in states that require them and have been shown to be effective at changing behavior.
“The RMV has really burdensome regulations that make the program ineffective,” Harris told investigative reporter Ted Daniel.
Harris said the RMV’s reliance on license suspensions when violations occur is flawed because suspensions remove people from the interlock program.
He said suspensions should be imposed for only “egregious” violations and the best deterrent is to require people to stay on the program longer.
“It has to be a legitimate reason for the extension, and it shouldn’t be for years,” Harris said, “we would hope that the RMV maybe could come up with some recommendations to improve implementation of their program, but they probably won’t.”
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