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The National Traffic Safety Board Tuesday urged all 50 states to require that ignition interlock devices be used in all drunk driving cases. Ignition interlocks can be ordered in North Carolina DWI cases, generally in those involving high blood alcohol readings, or in cases involving repeat DWI offenders. The devices essentially act as an in-car Breathalyzer that is installed in the ignition system.

If a driver blows above a specified blood alcohol level, the car will not start. In March, this blog discussed a proposal to expand the use of ignition interlocks to all North Carolina DWI cases. Currently, seventeen states require the interlocks ion all drunk driving cases.

The NTSB recently analyzed the data from slightly more than 1,500 car accidents that occurred across the country between 2004 and 2009. The federal agency says that roughly 59 percent of wrong-way drivers involved in car accidents measured more than twice the legal limit for alcohol. After reviewing the crash data, the agency Tuesday announced two recommendations.

The first recommendation was for the states to require more use of the ignition interlock devices in DWI cases. The second recommendation urges a second federal agency, the National Highway Traffic Safety Administration, to speed up research on developing infrared technology for use in automobiles to detect alcohol. The NHSTA reportedly is working with auto manufacturers to research the technology. Infrared devices to detect alcohol generally can use touch- or breath-based technology to detect the presence of alcohol. The federal officials hope that an infrared alcohol detection device can be developed for use to install as standard equipment in all cars.

The recommendations reportedly are likely to receive resistance from the restaurant and alcohol industries, according to the Associated Press. A spokesperson for the American Beverage Institute, which represents thousands of restaurant chains in the United States, says that mandatory ignition interlock devices should be reserved for the more serious DWI cases. She says that, You don’t punish somebody going five miles over the speed limit the same way you do somebody going 50 miles over the speed limit,” according to the Associated Press.

Source: 13 ABC, “NTSB: Use ignition locks for all drunken drivers,” Associated Press, Dec. 12, 2012

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In February, this blog discussed the story that federal lawmakers are considering whether or not to use their influence to increase the use of ignition interlocks in all drunk driving cases. That bill, at the federal level is currently stalled in Congress.

Under current North Carolina law, ignition interlocks may be required in some DWI cases, generally those involving high alcohol readings and in other circumstances. Now, sources indicate that North Carolina is one of seven states that are considering the use of ignition interlocks upon a conviction for all DWI offenses.

The national debate over ignition interlocks has received some contentious views. The Insurance Institute for Highway Safety released a study Tuesday that says ignition interlocks reduce DWI recidivism. The American Beverage Institute says the study shows nothing new. The IIHS is a nonprofit organization funded by auto insurers, while the ABI represents the restaurant industry. The American Probation and Parole Association, which is an organization comprised of criminal justice professionals has their own view.

The APPA says that “requiring ignition interlocks for all DWI offenders is an unnecessary and costly response.” The group says that requiring the devices in all DWI cases would significantly increase state costs related to DWI convictions, estimating the state costs would increase by more than 2 million to supervise the interlock program.

The ABI says they are not opposed to the devices in principle, but the group says that for first-time offenders, mandating use in all cases goes too far. The group thinks judges should have discretion in first-time cases. Greenville DWI defense lawyers know that the devices can be beneficial for some to regain the privilege to drive, but for others the costs can be prohibitive.

Ignition interlocks act as a portable breath testing machine that is attached to the car’s ignition. The driver must blow into the machine before the car will start. If the machine detects a specified alcohol level, generally set at 0.02 percent BAC, the car will not start. Most devices require the driver to submit random samples thereafter, which are stored in the machine’s memory. The devices come with installation and monthly service fees, which some sources estimate can cost the driver ,200 or more each year.

Mothers Against Drunk Driving supports use of the devices in all DWI cases.

Source: WMFY News 2, “NC One Of 7 States Considering Ignition Locks For DUI Offenders,” Mar. 6, 2012

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New proposed legislation has been introduced in Congress aimed at increasing the use of ignition interlock devices in drunk driving cases nationwide. North Carolina law added the use of ignition interlocks last year in DWI cases involving alcohol readings of 0.15 percent or greater and for people convicted of DWI within seven years of a previous conviction. States generally define their own DWI laws under the separation of powers doctrine.

Congress is now considering using its purse strings to dictate to the states when to require ignition interlocks in DWI cases. Roughly 15 states already require interlocks in all cases, including first time DWI cases. However, the congressional proposal is not characterizing the measure so much as one to promote safety, but as a federal jobs measure.

The proposal in Washington is part of a transportation bill that would offer states more federal money for increasing the use of ignition interlocks. Currently in North Carolina, the devices are programmed to prevent vehicles from starting if the driver blows a 0.02 percent or more blood alcohol level before trying to start the car. North Carolina lawmakers have defined certain cases that lawmakers here believe justify the use of the portable breath test machines.

The American Beverage Institute says mandating use of the interlocks would take discretion away from judges in sentencing a defendant. The portable Breathalyzer-type machines also may not be as sophisticated as the magic boxes that the state relies upon to determine guilt or innocence in DUI cases, machines that have raised questions concerning reliability across the country.

The current proposal in the U.S. House is part of a massive transportation bill. The federal legislation apparently does not take into account a state’s individual decisions on when to use the devices. The Senate is expected to consider a measure similar to the House bill in the near future.

Source: Los Angeles Times, “Drunk drivers: Congress gets behind breath-test ignition devices,” Richard Simon, Jan. 31, 2012

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Actress-model Jaime Pressly grew up in North Carolina. The Lenoir County native is best known for her role in the television show “My Name is Earl.” In Early January, the North Carolina native was pulled over on the West Coast for allegedly committing a relatively minor traffic violation. During the traffic stop, police expanded the scope of the investigation to include an investigation of suspected drunk driving.

On the night of arrest Police say the actress had a blood-alcohol concentration in excess of .20. Pressly originally had pled not guilty to charges of DWI; however, the actress recently appeared in court after negotiating a plea agreement with prosecutors.

Under the state law where the charges were brought, the actress potentially faced up to six-months in jail for a DWI conviction. Under the terms of the plea agreement, Pressly can avoid spending any time in jail if she complies with the conditions of her probation. The judge ordered the actress to attend six-month alcohol education class. She has been sentenced to three years of informal probation, where she essentially will not need to regularly report to a probation officer.

In addition to the probationary term and the alcohol class, Pressly will have to have an ignition interlock device installed on her car. Ignition interlocks monitor the presence of alcohol in the driver and prevent the car from starting if alcohol is detected. The use of ignition interlock devices is being pushed heavily by the National Highway Traffic Safety Administration, and the devices are being used more frequently in North Carolina DWI cases.

Source: CBS News, “Jaime Pressly, ‘My Name is Earl’ star, sentenced to 3 yrs of probation in DUI case,” Aug. 29, 2011

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I’ve posted in the past about ignition interlock devices (IIDs) — those small, cheap breath testers that are installed in a car’s dashboard and require periodic breath tests from the driver for the engine to function.  See, for example, Will Ignition Interlock Devices End Drunk Driving?.  I’ve also written about how these devices are unreliable and even dangerous on the highways.  See, Ignition Interlocks: Dangerous But Profitable.     

I’ve written about how MADD has been lobbying hard for mandatory installation of these IIDs in all vehicles, their CEO even claiming that they will "eliminate drunk driving once and for all".  See, All U.S. Cars to Have Ignition Interlock Devices? and Finally: An End to Drunk Driving.  And I’ve shown that MADD’s own IRS returns show that three of the six largest contributors to the organization are Nissan North America, Daimler Chrysler and General Motors — all of  which stand to make fortunes from installing these devices.  See, The Truth About Ignition Interlock Devices.    

Following is a Washington Post story from a couple of days ago, showing how IID manufacturers are now also using lobbyists in Washington to get bills passed requiring IIDs in all cars.

Steering Hill Leaders to Drunken-Driver Devices


Wash., DC.  July 10 –As House leaders prepare to roll out a massive six-year highway funding bill, among the many interests watching with anticipation are a handful of businesses that have pressed for a requirement that could take them from cottage industry to multimillion-dollar market overnight.

The campaign by the manufacturers of in-car devices to test blood alcohol levels is representative of a particularly successful model of lobbying in which for-profit businesses align with altruistic activist groups to implement government regulations that create a captive market for their products.

A bill that would withhold up to 5 percent of each state’s highway funding unless that state requires such as device in the cars of all convicted drunken drivers was introduced in the Senate in February by Sen. Frank R. Lautenberg, New Jersey Democrat, and last month in the House by Rep. Eliot L. Engel, New York Democrat.

For the past 18 months, lobbyists for "ignition interlocks," as they are called, have jockeyed to inject a provision into the crevices of the transportation reauthorization bill, a tentative outline of which was released Friday by Rep. John L. Mica, Florida Republican…

The Coalition of Ignition Interlock Manufacturers hired lobbyist David Kelly, a former chief of staff and acting administrator at the National Highway and Traffic Safety Administration. Mr. Lautenberg’s former chief of staff, Tim Yehl, now lobbies for Ignition Interlock Systems of Iowa…

 The manufacturers are taking a page from a well-worn playbook: lobbying campaigns in which private companies advocate for government requirements that would make them rich by aligning with activist forces who provide moral pronouncements that are appealing to politicians and – once on the table – the public…

We all know what happens when corporate lobbyists start handing out big money to the politicians.  Now add the huge political clout of MADD….  

Expect to have an ignition interlock device in your car in the near future — whether you want one or not.

(Thanks to Robert B. MacLean.)
 

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