Use of ignition interlock systems may be going up
South Carolina law may require ignition interlock systems for first-time DUI offenders. Drivers have a new breathalyzer option to determine if they are at risk of incurring a DUI offense.
April 23, 2013
South Carolina's DUI laws could be changing, as state legislators are facing pressure from activists. Advocates including Mothers Against Drunk Driving would like the state to expand its use of ignition interlock systems for people with DUI convictions.Ignition interlock requirements
An ignition interlock device attaches to a vehicle's starting mechanism and will not allow the car to start until the driver blows into the device. The device then analyzes the breath sample to measure the driver's blood alcohol level. If the blood alcohol level is less than 0.02 percent, the car can be started. With a level of 0.02 percent or more, the starter remains locked and the vehicle will not start.
Under current South Carolina law, drivers who receive a second DUI conviction are required to install an ignition interlock system in their cars before being issued a driver's license after the completion of a mandatory license suspension period.
Proposed changes
The bill under consideration would require drivers convicted of DUI to install and use ignition interlock systems, even after a first offense. An exception would be for people convicted of a first DUI with a blood alcohol level of 0.12 percent or less. In South Carolina a blood alcohol level of 0.08 percent is the so called "legal limit" for defining DUI.
The 0.12 percent threshold was a compromise reached by legislators. In 2011, about three out of every ten South Carolina drivers tested for blood alcohol content after a fatal crash recorded a result of 0.12 percent or above, said MADD representatives.
MADD claims that highway death tolls are down in states with tighter ignition interlock requirements. Lawmakers opposing the proposed legislation argue that the punishment is too harsh for first-time offenders, and many drivers could get around the ignition interlock requirement by just using someone else's car.
The American Beverage Institute presented statistics backing up its opposition to the bill. The data indicate that repeat offenders who are required to use ignition interlock systems -- but don't -- are behind most alcohol-related highway fatalities. The implication is that extending the ignition interlock mandate to first-timers would do nothing to improve the outcome.
Taking responsibility
Responsible drivers certainly want to enjoy alcohol moderately without worrying about being apprehended and charged with DUI. A new technology promises to help.
The Huffington Post reports a brisk startup campaign for a personal Breathalyzer that attaches to a smartphone. The new device plugs into the phone's audio jack, and the user then blows into it. The application installed on the phone then displays an easily read test result: green for okay to drive, red for over the limit.
Anyone who does venture out onto the road after consuming alcohol runs a risk of being stopped and charged with DUI. The consequences of a DUI conviction are significant, and it is worthwhile to call an attorney for help in defending against DUI charges. Using an ignition interlock device is cumbersome and may be a requirement even after a driver makes a single mistake.
Article provided by Carroll Law Firm
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