DUI Apps for Smartphones Controversial

June 16, 2011

With a name like "DUI Dodger," you just know there's going to be a controversy.

Campaigns against drunk driving have worked for years to send the message "don't drink and drive." Thousands of people are arrested every year for driving drunk.

DUI Checkpoints

One of the preferred methods of enforcement used by police is the DUI or sobriety checkpoints. The checkpoint allows police to funnel all traffic on a given road past officers, who screen for inebriated drivers.

The constitutionality of these checkpoints was challenged back in the early 1990s, but the United States Supreme Court upheld their use.

Police say they are effective, both at stopping drunken drivers directly at the checkpoint, and that they publicize awareness of the problems, and making drivers more aware that if the drink they can be stopped and arrested.

The Centers for Disease Control (CDC) performed a review of the results of 23 scientifically sound studies from around the world. Results indicated that sobriety checkpoints consistently reduced alcohol-related crashes, typically by about 20%.

They are, however, expensive to operate, with large demands being placed on the law enforcement agency, both in training and staffing. Like any other operation, if it is unfunded and short staffed, officers can make mistakes.

And studies show their direct effectiveness is less than stunning; a report on Kansas City showed that stopping over 18,000 drivers resulted in only 1.6 percent being arrested for drunk driving.

A study in North Carolina showed that the checkpoints missed half of drivers who had over .08 BAC.

Smartphone App Technology

For those who wish to avoid checkpoints, there are now multiple apps for your Smartphone that will allow you to know the location of a checkpoint.

These apps, which work on Smartphones and most GPS devices, provide alerts to warn drivers of impending checkpoints, speed traps, red-light cameras, railroad crossings and school zones.

The programs use reports from other drivers to update the location the various types of law enforcement stops and potential traffic hazards.

Some of the available apps include:
- DUI Dodger
- PhantomALERT
- Checkpointer
- Mr. DUI
- Buzzed
- Fuzz Alert

DUI Dodger Facebook pages states "The idea is that information is power, and people will be less inclined to drink and drive if they know that there is a checkpoint in their area, that they are drunk, and that driving drunk carries major consequences."

The page also notes, "DUI Dodger not only allows users to see and submit DUI checkpoints, estimates their BAC level, and tests their sobriety, it also provides a number of useful and interesting facts and myths about drunk driving."

Questions have been raised whether the real purpose is to help prevent people from drinking and driving, or merely to lessen the chance of being stopped by the police. Some Senators clearly believe the later.

Senators Ask For Removal Of DUI Apps

In March, U.S. Senators Harry Reid, Chuck Schumer, Frank Lautenberg and Tom Udall sent a letter to Apple, Google and Research in Motion (RIM), asking them to remove the apps that warn drivers of DUI checkpoints.

The wrote, "We appreciate the technology that has allowed millions of Americans to have information at their fingertips, but giving drunk drivers a free tool to evade checkpoints, putting innocent families and children at risk, is a matter of public concern. We hope that you will give our request to make these applications unavailable immediate consideration."

RIM, the manufacturer of the BlackBerry, agreed to remove those apps from BlackBerry devices.

Google later responded that they did not remove apps for any reason other than violations of the Android content policies. Apple did not issue a public response to the request.

A short time later, Apple approved the DUI Dodger app, which could be seen as a response to senators' request.

Some Argue The Apps Help With Driver Safety

A USA Today story mentions that some law enforcement view the apps as useful. Officer Brian Walters, from Virginia Beach, VA who operates the city's red-light camera program, felt they might be helpful: "I'm all for them," he is quoted as saying.

"A couple of GPS companies have sent me requests to verify and validate where our cameras are. I helped them." He says the devices and apps make drivers more aware while driving. "If that's what gets them to comply, that's fine," he says.

The USA Story also quotes a driver who felt his GPS using the PhantomAlert makes him a better driver, because the alerts force him to concentrate on his driving and his surroundings.

While DUI checkpoint warnings may change some driver behavior, they are probably here to stay, absent legislation banning them.

Article provided by The Law Offices of Mark R. DeYoe
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