This is the first installment of “Locked Out.” 25 Investigates spent 6 months looking into the RMV’s ignition interlock program designed to keep drunk drivers from reoffending.
‘WORST LUCK’
Richard Carvalho, 47, Tewksbury, was driving home from his job as a warehouse associate on July 8th when the ignition interlock device (IID) in his pickup truck alerted him to provide a breath sample at 4:44 p.m.
A log of all of Carvalho’s interlock activity that day shows his device registered his breath alcohol content at .067 which is near the legal limit for drunk driving in Massachusetts of .08.
Over the next 15 minutes, Carvalho was prompted to test 4 more times. His log shows his breath alcohol content steadily declined during the short period and at 4:59 p.m. he was back down to 0.00.
The Massachusetts Registry of Motor Vehicles (RMV) considers any interlock reading of .02 or above a violation that could trigger a license suspension of up to 10 years.
Carvalho said he wanted to prove he wasn’t drinking to avoid a license suspension and immediately drove to the Tewksbury Police Station and asked to take a ‘Breathalyzer’.
According to an incident report 25 Investigates obtained from Tewksbury Police, Carvalho blew a 0.00, meaning no alcohol was detected in his system. The officer who administered the test wrote that Carvalho “did not show any signs of impairment” nor have “any odor of alcoholic beverage.”
Police reports show Tewksbury Police also found zero alcohol in Carvalho’s system in February and September when he said his device violated him for elevated alcohol readings.
Carvalho said he hasn’t had a drink since July 8, 2020, after his 2nd OUI arrest. According to Carvalho, his first offense occurred about 20 years ago. 25 Investigates was unable to review Carvalho’s driving history because the RMV no longer provides driving records to the public as part of a 2023 law that allows all Massachusetts residents to get driver’s licenses regardless of their immigration status.
Carvalho said several of his ignition interlock devices have been replaced due to problems he’s had with them since he was first required to have one in 2021. Matt Shay, owner of Audiowerks, Tewksbury, confirmed he’s swapped out multiple devices for Carvalho and said, “Out of all of our customers, he’s had the worst luck.” 25 Investigates sent 2 emails to the company that makes Carvalho’s device but received no response.
“I’m not saying everybody who gets a failed test is not guilty, you know. I just, I can only speak on my own situation,” Carvalho said.
Whenever he has a problem with his device, he said the device manufacturer “blames Massachusetts and Massachusetts blames them and the only person getting burned in the whole situation is me.”
Carvalho said he’s had to fight “16 violations” at a cost of about $30,000 in legal fees.
“They’ve gone from saying that heat and humidity could trigger a false positive to somebody using windshield wiper fluid 4 cars away or somebody driving by with strong perfume,” Carvalho said.
Ignition interlocks are handheld devices that require drivers to provide breath samples before they start their vehicles and periodically while driving.
Massachusetts began requiring repeat drunk drivers to install them in 2005 as part of Melanie’s Law.
The law was named after Melanie Powell, 13 years old of Marshfield who was killed by a repeat drunk driver in 2003. In 2021, the state also began requiring certain first-time offenders to get interlocks as a condition for obtaining a hardship license.
The National Highway Traffic Safety Administration (NHTSA) “found offenders who had interlocks installed in their vehicles had arrest recidivism rates that were 75% lower than drivers” and the Insurance Institute for Highway Safety found laws that mandate interlocks for convicted drunk drivers reduce drunk driving deaths by 16%, according to Mothers Against Drunk Driving (MADD).
31 states require them, but each state has different rules when it comes to who’s required to use them and how violations are addressed.
‘ZERO TOLERANCE’
25 Investigates communicated with more than 40 interlock users in Massachusetts, 3 lawyers who specialize in interlock cases, and the Director of Government Relations for Mothers Against Drunk Driving (MADD).
All expressed concern with the RMV’s reliance on lengthy license suspensions that can be difficult to fight when violations occur.
Brian Simoneau, a Framingham-based defense lawyer who specializes in ignition interlock cases, has spoken with thousands of Massachusetts residents who’ve had their license suspended for 10 years for interlock violations they contest. He said unlike the testing devices police officers use, interlocks are certified only as lockout mechanisms and have no evidentiary value in court.
“People are driving, eating. They’re eating fast food. They’re drinking coffee. You know, they have busy lives and they’re putting things into their mouths and then blowing into the device. And that oftentimes will cause violations,” Simoneau said, “These customers have to move mountains to satisfy the registry to show that they shouldn’t be held accountable, and the registry enforces these violations with zero tolerance.”
Jacquelyn Goddard, Director of Communications, MassDOT said, “The RMV has statutory and regulatory obligations to uphold violations of the IID program.”
According to the RMV’s website, drivers can “contest lockouts before an RMV Hearings Officer within 30 days of a lockout” if they believe the lockout is not justified. If an RMV Hearing Officer upholds a license suspension, the last recourse is the Massachusetts Division of Insurance Board of Appeal.
Attorney Simoneau said the Board of Appeal is diligent and fair but extremely busy.
‘DRAMATIC INCREASE’ IN APPEALS
25 Investigates found 736 Interlock appeals pending and the current wait time to appeal a 10-year interlock license suspension is 18-20 months. A Board of Appeal spokesperson said, “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.”
25 Investigates asked the RMV to explain the significant uptick in appeals. Goddard responded, “We have not seen the data to confirm the accuracy of that statistic. There are mandatory interlock requirements under the law, and there are also discretionary interlock assignments as imposed by the Division of Insurance’s Board of Appeal as a condition of granting a hardship license.”
SOBER, DRUNK, SOBER AGAIN IN 30 MINUTES
Taylor, who asked us not to use her last name, lost her license for 10 years for interlock violations that occurred 4 years after she said she joined Alcoholics Anonymous (AA) and quit drinking.
“It’s just so unfair that I am trying everything I possibly can to comply. And I’m still being told you can’t drive,” she said.
25 Investigates reviewed logs from Taylor’s device from June 13th, the day her violations occurred. According to the log, she was prompted to test 5 times during a 30-minute drive with her kids to a car dealership. She passed at the beginning and end of the short trip but failed 3 back-to-back tests she was prompted to take while driving.
Alcohol takes around 60 to 90 minutes to reach peak levels in the blood, according to the Cleveland Clinic. Taylor’s peak of .038 occurred 13 minutes after zero alcohol was detected when she started her car. It takes the body about an hour to metabolize one drink or about .02 worth of alcohol. The log from Taylor’s device shows her breath alcohol level dropped .28 in just 12 minutes.
“I want to be a member of society again. And I think after four years of sobriety, you know, I should be able to do that,” Taylor said.
Part 2 of “Locked Out” airs tonight at 10:15. 25 Investigates speaks to Mothers Against Drunk Driving and 2 RMV-approved interlock device installers who share their concerns about the RMV’s interlock program. We also explain how violations can occur when no alcohol is involved.
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