Highway Funds May Entice States to Adopt Tougher Ignition Interlock Laws

December 13, 2012

In these tough economic times the power of the purse is as strong as ever. Federal highway dollars are once again being used to persuade every state to adopt tougher drinking and driving laws. In the early 1980s, the National Minimum Drinking Age Act was passed, and the law tied federal highway money to the establishment of age 21 as the legal drinking age in all 50 states. If individual states failed to change the drinking age in their state to 21, Congress withheld a percentage of federal highway money. Today, the carrot of highway money is in use again as the National Highway Traffic Safety Administration ties highway safety money to the passage of tougher ignition interlock laws at the state level.

The NHTSA believes that ignition interlock use by all drinking and driving offenders, including first-time offenders, is the best use of ignition interlock technology; however, the passage of laws that would enact the policy occurs at the state level. To entice states to pass ignition interlock laws that apply to all drinking and driving offenders, the NHTSA has tied $20.8 million in highway funds to the passage of the law by state legislatures. States that refuse to pass the legislation miss out on the additional highway funds.

The NHTSA believes strengthening ignition interlock laws in states where ignition interlock laws do not apply to first-time offenders or to all offenders is the best policy because repeat offenders and extreme offenders often do not respond to traditional drinking and driving deterrent tactics. According to the Washington Post, as many as 40 percent of drivers involved in drunk driving crashes are repeat offenders.

Oregon Ignition Interlock Laws

The state of Oregon already has a mandatory ignition interlock law that applies to all drunk driving offenses. In Oregon any person convicted of a DUI offense is required to install an ignition interlock device before being issued a hardship driver's license. A first-time offender must use an ignition interlock for one year after the end of the license suspension or revocation period. A second-time or multiple offender must operate his or her vehicle with an interlock device for two years after the end of the license suspension or revocation period. Thirteen other states also have mandatory ignition interlock laws for all drinking and driving offenses.

In Oregon a first-time drinking and driving offense comes with other legal penalties in addition to mandatory ignition interlock. A first-time offender convicted for DUI faces a minimum of a $1,000 fine and 48 hours in jail. A first-time offender also faces license suspension for up to one year, community service of 80 hours, participation in an alcohol and drug treatment program, and additional fines.

The legal penalties for drinking and driving in Oregon are serious. An experienced criminal defense attorney can help protect your rights if you are arrested on suspicion of DUI.

Article provided by Hubert G. Duvall, Jr.
Visit us at http://www.oregoncriminalattorney.com/