More and More States Urging Interlock Devices for DUI Offenders
State lawmakers in Arizona are trying to make sure people who drive drunk won’t do it again for at least a year. This would be accomplished by requiring those convicted of driving under the influence to install an ignition interlock on any vehicle they drive and keep it in place for a year, according to a news report in the East Valley Tribune.
The interlock device basically prevents the car from starting if a breath sample from the motorist shows traces of alcohol — even if the person is not legally intoxicated. Arizona lawmakers attached the provision to a measure already approved by the State Senate that requires the “drunkest of drunken drivers to spend at least 45 days behind bars,” the newspaper reported. That includes those whose blood alcohol content is at least 0.20 — more than twice the legal driving limit of 0.08. That’s 35 days longer than current law. A second offense within seven years would mean six months in jail.
According to the National Conference of State Legislatures (www.nscl.org), New Mexico has such a law, with Nevada and Nebraska requiring an interlock device as a condition of a motorist being placed on probation. Lawmakers in Connecticut are considering forcing “serial drunk drivers” to have the interlock devices, according to a news report in the New Haven Register. Currently 21 states mandate these devices for DUI offenders, but mostly for repeat offenders.
California was the first state to allow ignition interlock devices, launching a pilot program in 1986. Since 1999, the devices have been required for any repeat drunken driver who is caught driving on a suspended license. But the matter has rested largely in the hands of judges. A 2002 DMV study showed judges order interlock installations about 25 percent of the time. The study concluded that judges did so because they found it counter-intuitive to order an offended to install the devices while telling the offender that he or she may not drive. A follow-up DMV study in 2005 said the ignition interlock devices reduce subsequent DUIs by repeat offenders, but are not effective with first-time offenders. The study also said there is no long-term learning associated with the devices, with repeat offenses creeping back up again once the device is removed from a vehicle.
The question is – Do they really work? An interlock device is by no means foolproof. All it takes is an “alcohol-free breath” to start the car. Nothing stops a drunk driver from getting a friend to blow into the device. Several studies also show that while courts order that the devices be installed, there is no monitoring agency to ensure that they are in fact being installed. And the device costs about $70 a month to rent. While they may be a deterrent, there are no guarantees. And to someone who has been falsely accused of a DUI, that’s one more item on what is already an expensive situation.
If you believe you have been wrongly accused and would like to fight your DUI, call a Southern California Drunk Driving attorney for a free consultation.
