New Illinois law aims to foil drunk drivers

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CHICAGO – Dozens of people who would otherwise die in drunk-driving crashes in Illinois in 2009 will now live to see 2010. That’s one estimate of the number of lives that will be saved with a new Illinois law that requires breathalyzer-type gadgets in cars for anyone convicted of drunk driving.

With the law, which kicks in Thursday, Illinois joins a handful of states mandating the ignition interlocks. They prevent engines from starting until drivers blow into the alcohol detectors to prove they’re sober.

Users must pay for the fist-sized devices, which cost around $80 to install on dashboards and $80 a month to rent; there’s also a $30 monthly state fee.

It's amazingly inconvenient,'' said David Malham, of the Illinois chapter of Mothers Against Drunk Driving, or MADD. But the flip side of the inconvenience is death.’’

MADD wants all 50 states to pass such laws, arguing that would save thousands of lives a year. But critics say the devices could lead to measures that restrict alcohol policies too much.

Other states with similar laws include New Mexico, Arizona, Louisiana, Washington, Nebraska, Alaska and Colorado. Most states give judges the option of forcing convicted drunk drivers to use the devices. In practice though, they are rarely ordered unless laws mandate them, according to MADD.

Until now, that’s been true in Illinois, said MADD national CEO, Chuck Hurley.

Illinois has excellent law enforcement,'' he said. But the judicial system leaks like a sieve. This law will change the catch and release system to one where people are at least caught and tagged.’’

The interlocks are mandated only for the five to 11 months licenses are suspended with a first DUI. Drivers can opt not to install them, but then would be banned from driving at all during the suspension period.

Drivers could try skirt the devices by, say, having someone else blow into detector or driving someone else’s car. But if caught trying to circumvent the interlocks, they could go to jail for up to 3 years.

Around 3,000 Illinoisans with multiple DUIs had the devices before Thursday.

Within a year, up to 30,000 first-time offenders could be using them, the Illinois Secretary of State’s office estimates.

New Mexico was the first state to mandate the devices in 2005. Since then, according to MADD, that state has seen its drunk-driving deaths fall 20 percent.

Hurley said Illinois, which had 508 drunk-driving deaths in 2007, could see the same percentage decline — translating to about 100 fewer deaths — within a few years.

DUI deaths nationally have plummeted to around 15,000 from around 30,000 annually in the early 1980s.

Malham, who supports the technology, said in the future even more advanced technology will enable cars to effectively sniff car cabins, scan faces and eyes of drivers or even test sweat on steering wheels to assess sobriety before engines start.

Not everyone is as enthusiastic.

One of the staunchest critics of interlock laws for first-time offenders is the Washington, D.C.-based American Beverage Institute, a trade association representing restaurants and retailers.

ABI managing director Sarah Longwell said the group backs interlock laws targeting repeat offenders and those arrested with high blood-alcohol levels.

But she said laws advocated by MADD don’t allow judges to distinguish between those who have a few drinks and go just over the 0.08 blood-alcohol legal limit and those who go way over.

We want sensible alcohol policies,'' she said. We want 10 people to be able to come in and have one drink and not one person to come in and have 10.’’

She said current interlock laws could lead to more draconian measures.

We foresee is a country in which you're no longer able to have a glass of wine, drink a beer at a ball game or enjoy a champagne toast at a wedding,'' she said. There will be a de facto zero tolerance policy imposed on people by their cars.’’

She argued that MADD puts too much emphasis on links between alcohol and traffic deaths, giving too little regard to the roles excessive speed and driver cell-phone use in deadly accidents.

Proponents of interlock laws say studies back their approach. They cite a 2008 study by the Pacific Institute for Research and Evaluation that found interlock devices in New Mexico helped decrease repeat offenses by approximately two-thirds.

MADD also points to figures showing one-third of all drunk drivers have a prior DUI conviction.

The American Beverage Institute questions studies cited by advocates, saying they other factors, like education programs, also account for the declines.

Malham concedes Illinois’ new law isn’t perfect. For one, it only applies to drivers during relatively short license-suspension periods.

But perfection can't be the enemy of the good, to quote (18th century philosopher) Voltaire,'' he said. I’d like to see more teeth in the law in the future. But this is a start.’’

A look at Illinois’ new interlock-ignition law

Under a new Illinois law, which takes effect Thursday, drivers convicted of a DUI must install breath-alcohol ignition interlocks on their cars if they want to keep driving while their licenses are suspended.

Here are some provisions of the law:

— Drivers must pay the full costs of the devices, which prevent drivers from starting their engines if they fail the breathalyzer-type test. That includes around $80 to install them, $80 a month for rent and a $30 monthly fee to the state.

— The car engine won’t start if a driver’s blood-alcohol content is above 0.024, a much lower level than the legal limit for drunk driving, which is 0.08.

— Drivers not only have to blow into the gadgets when they first start their cars — they must retest while driving, within the first 5 to 15 minutes, then twice every hour or so. If alcohol’s detected, the device tells the driver to pull over and the engine stops.

— The device records each test and any violation is reported to the Illinois Secretary of State’s office and additional penalties are applied, including extending the period of time someone must use the device.

— Drivers could attempt to circumvent the system by having someone else blow into the devices or driving someone else’s car. But if caught skirting the devices, the driver could go to jail for 3 years.

— This new system replaces one where judges could issue judicial driving permits, enabling those convicted of DUIs to drive to and from work or school. Those convicted still wouldn’t be able to drive for at least 30 days during which their licenses are revoked.

Sources: Illinois Secretary of State’s office and Mothers Against Drunk Driving.

http://www.pantagraph.com/articles/2008/12/31/news/doc495be97e6a59e941991554.txt
http://www.chicagotribune.com/news/local/chi-dui-lawdec29,0,1167021.story