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Portland, OR - New Ignition Interlock Device Bill

PORTLAND, OR - A bill before Oregon Gov. John Kitzhaber may demand that all DUI offenders have breathalyzer devices mounted in their motor vehicles, but a national restaurant association feels the law goes too far.

The American Beverage Institute whose very concerned the law may lead to a crackdown on social drinking and hurt the restaurant industry, has asked Kitzhaber to veto the bill. The bill would likely require all convicted drunken drivers - even 1st offenders - install and use an ignition interlock device that would inhibit the car from starting if alcohol is identified.

Currently 50 % of all DUI offenders can take diversion programs and prevent having the device installed. An ABI spokeswoman said the bill is unfair, and there are different sorts of DUI offenses. "Someone who has had a few glasses of wine with lunch and has reached .08 shouldn’t be penalized the same way as a obviously drunk driver." A spokesperson for the governor said he hadn't chosen whether to approve the bill.

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DE cracks down on drunk drivers

Governor Markell signs two bills into law that strength Delaware's drunk driving laws. WDEL's Amy Cherry reports.

"We see it every Friday, Saturday night, and on the holidays."  That's Newport Police Chief Michael Capriglioine, and he's talking about drunk driving.  Drunk driving deaths happen too often in Delaware that's why now, repeat offenders will be forced to do more jail time.

State Attorney General Beau Biden "Be tougher on repeat offenders, put them behind bars when they decide to get behind the wheel of what becomes a lethal weapon on the streets of our state," says Biden.

Under House Bill 168, some repeat drunk drivers will also be required to seek treatment, wear electronic monitoring devices, and have ignition interlock devices installed on their cars.

Rep. Helene Keeley (D-Wilm. West), who co-sponsored the measure, says the treatment component was key.

"Yes, we can lock people up and throw away the key, but unless we cure and start to have a conversation with the individuals about the root cause of why they're getting behind the wheel, it doesn't solve anything," says Rep. Keeley.

A second measure signed into law Wednesday, House Bill 174 increases penalties for those convicted of vehicular homicide.

Source: www.wdel.com

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Cincinnati Ohio Ignition Interlock

Ignition interlock devices are an effective tool used to decrease drunk driving. An ignition interlock is a device about the size of a cell phone. It is wired into a vehicle's ignition system. A convicted drunk driver who has interlock must blow into the device to start their vehicle. If the device detects alcohol in their breath, the vehicle will not start.

In Ohio Cincinnati ignition interlock, if a person has two or more DUI's in the past six years, interlock is required if the offender is given driving privileges during a driving suspension. If a conviction is a first DUI in the last six years, interlock is left to the discretion of the judge. Here, the judge may consider other factors such as the alcohol level of the DUI and whether there are other alcohol convictions.

Three different companies provide interlock service in Hamilton County. Currently, installation of the device is free for most vehicles. However, the cost of the interlock service ranges from $47 to $60 per month. Unless indigent, all fees are required to be paid by the offender.

Interlocks are required to have features to prevent others from blowing into the device to start the car. One feature is the running retest, which requires offenders to blow into the device at random intervals after the car has started. Retests occur within 15 minutes of starting the car and then about every 30 to 40 minutes thereafter. The retest can be conducted while the car is in motion or parked. If the retest is not passed, an alarm will trigger the car's horn to sound until the car is turned off. The car's engine does not turn off automatically as this would be a safety hazard.

There are three different types of interlock violations: Alcohol measured in the breath; refusal to take a rolling retest; and tampering with the device. The interlock companies are required to inform the court of these violations. The court will then order the offender back to court to address the violation. If the judge finds that the violation occurred, the original driving suspension may be increased or the judge can revoke the offender's driving privileges.

Finally, any interlock user who allows another person to blow into their device or any person who blows into someone else's device to start the car commits a separate crime punishable by up to 180 days in jail.

Brad Greenberg is a judge with the Hamilton County Municipal Court.

source: CommunityPress.com

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Interlock Device Pros And Cons

DUI stands for driving under the influence of alcohol, drugs, or any controlled substance or a combination of these. The person does not have proper control over his vehicle as a result of ingesting these substances. As a result, his own life as well as the well being and lives of those around him are at risk. People with a DUI record are often required by law to install ignition interlock devices in their motor vehicles. There are several pros and cons for installing these devices.

What Does An Ignition Interlock Device Do? The person is required to breath inside a tube that checks his BAC (blood alcohol level). If it detects a higher than permissible BAC, the vehicle is locked. The vehicle acts as if it has run out of fuel.

Pros Of Installing Ignition Interlock Devices:

They have significantly reduced the instances of drunk driving on the road. It has been particularly helpful in hindering repeat offenders from committing the offense again. It helps a person acquire the habit of being sober while driving. The BAC (blood alcohol content) samples collected can show to the judge how severe the intoxication was when the person chose to drive. Arguments Against Ignition Interlock Devices:

Arguments Against Ignition Interlock Devices

The general public argues against the installation of ignition interlock devices in their motor vehicle. They say that as each DUI case should be judged on its own basis, the judge will not be able to determine the nature of the offender. The blood alcohol content can increase as a result of an innocent glass of wine taken with the family, and also by deliberately getting drunk. Discrimination should be made between these two instances and penalties made accordingly.

Should Ignition Interlock Devices Be Installed?

The arguments made against the installation can easily be over-ruled as the blood alcohol content reading taken from the convict can point out the level of intoxication of the person when he chose to drive. It can be used to judge the length of time for which this device should be installed in a person’s motor vehicle. Current law requires the installation in the vehicles of repeat offenders. However, many politicians are trying to pass bills for permanent installation of these devices in the vehicles of all DUI convicts.

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