Who is fighting against ignition interlocks? (Hint: It’s not DUI lawyers!)

A night on the town could be a thing of the past

As a DUI Lawyer in Orange County, I try to keep ahead of developments in breath and blood testing.  But technology from the automotive world might be a game changer as far as how DUI s might be handled, or prevented, in the future.

Several automotive manufacturers have been meeting with, partnering with, and developing experimental technology to detect alcohol, including alcohol emitted from the skin in sweat through the steering wheel, or from the breath.

In 2008, the National Highway Traffic Safety Administration (NHTSA) launched a 5-year campaign to develop ignition interlocks as standard equipment in all vehicles. NHTSA and the Automotive Coalition for Traffic Safety—which is funded by auto manufacturers—have budgeted $10 million to solicit research and development on the widespread use of this in-vehicle technology.

Mothers Against Drunk Driving (MADD) has asked Congress for another $60 million to be allotted annually for alcohol detector development.  So there is big money behind this.

The group opposing this?  It’s the American Beverage Institute, which fears this would prevent people from going out for even one drink.  Of course, as my fellow Orange County DUI Lawyers know, a machine is only as accurate as the maintenance, calibration and margin of error for the device allows it to be, assuming no deviations from standards.  Garbage in, garbage out, as they say, and in this case, a false positive or machine malfunction could have serious consequences to the driver.  The Beverage Institute’s newsroom is here at:  http://abionline.org/newsroom.cfm?t=inthenews

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Alcohol, American Beverage Institute, Driving under the influence, Mothers Against Drunk Driving, National Highway Traffic Safety Administration, NHTSA, orange county, Orange County California, orange county dui arrests, Orange County DUI Attorney, orange county dui attorneys, orange county dui checkpoint locations, orange county dui checkpoints, orange county dui lawyer, orange county dui lawyers

This entry was posted on Thursday, April 19th, 2012 at 11:46 am and is filed under Dui Checkpoints, DUI News, DUI politics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Fort Lauderdale DUI Attorney on Ignition Interlocks

Ignition interlocks are devices that are attached to a motor vehicle to prevent the driver from starting the engine if he or she is under the influence of alcohol. They are essentially like mini-breathalyzer machines, set to prevent the ignition from turning on of the person has been consuming alcohol prior to getting in the vehicle. They can be set, depending on the particular needs, such as at 0.00 or 0.02 percent breath alcohol content. In Broward County and throughout the state of Florida, the installation of ignition interlock devices is routinely ordered by judges for defendants who are convicted of driving under the influence (DUI) as a requirement after the period of driver’s license suspension has passed, according to Fort Lauderdale DUI attorney William Moore.

Opponents of the devices have noted that there are several issues with the devices. First, they are unlikely to be perfectly accurate. Since a higher reading could have other consequences -- for example, a violation of DUI probation -- the accuracy of these devices is paramount. Like regular breath test machines used by law enforcement agencies, their perfection is far from assured, notes Broward DUI lawyer Moore. Another possible concern is simply the fact that the results can be easy to falsify: the driver could simply have another person blow into the machine.

There is some evidence to suggest, however, that those who are convicted of DUI who are required to use an ignition interlock device are measurably less likely to reoffend. However, the likelihood of reoffending may be tied more to long term substance abuse than any other factor. Still, most people who are arrested for driving under the influence are not alcoholics.

The state of Florida imposes a number of restrictions on individuals who are arrested for driving under the influence, regardless of whether or not they are ultimately convicted of the offense. Even drivers whose charges are dropped or who are found not guilty at trial may suffer unfortunate effects beyond simply being arrested and thrown in jail for the night. Most lose their driver’s licenses for at least six months, although it is possible to challenge the mandatory suspension within 10 days of the arrest at an administrative hearing before the Florida Department of Highway Safety and Motor Vehicles. Generally, the arresting law enforcement officer testifies to demonstrate probable cause for the arrest. If probable cause is not demonstrated by the evidence, including the testimony, the driver’s license may be reinstated.

Article contributed by Mallory Lynn, Esq.

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