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In recent weeks, we have discussed measures that North Carolina lawmakers have been considering to toughen North Carolina’s laws prohibiting driving while impaired. Many of the changes are the result of issues that state lawmakers have raised. The concept of applying the use of ignition interlock devices is an issue that has been raised in many areas of the country, and is being urged by federal highway officials.

About 30 years ago, federal highway officials began urging states to reduce the per se legal limit to drive under state DWI laws from 0.10 percent to 0.08 percent blood alcohol level. States began to follow that recommendation, and by 2004, all 50 states had lowered the legal limit.

Congress does not control state DWI laws, but the federal lawmakers do have authority over federal spending and can use that authority in funding issues to help coerce states to change their laws.

Now, the National Transportation Safety Board is starting a new surge to lower the legal limit to drive. The board made a recommendation Tuesday, urging states to lower the legal limit to 0.05 percent BAC.

The recommendation has brought opposition from a number of groups who say that the recommendation is just too low. The idea would potentially make it a crime to have even one drink before driving for some people. Alcohol behaves differently in different people.

Blood alcohol concentration levels can vary widely between people of different genders and different sizes. For instance, a 130 pound woman may be able to have three drinks over a 90-minute period and still be legal to drive under the current level. Dropping the level ton 0.05 would generally drop that to two drinks.

However, a “drink” itself can vary between the type of product, the pour of the bartender and other factors. A petite woman may not be able to legally drive home after one drink with friends after work if the level were dropped to 0.05.

The recommendation is coming from the NTSB, and has no force of law in any state. Lower legal limits already exist for some drivers, such as drivers under the age of 21, and others whose driver’s license sets a different level.

Source: New York Times, “States Urged to Cut Limit on Alcohol for Drivers,” Matthew Wald, May 14, 2013

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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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