DUIs may be impossible in the future.

Image: Early versions of breath-based and touch-based sensors developed by the Driver Alcohol Detection System for Safety research program are shown in this screenshot from a DADSS video from youtube.

Did you know that a new infrastructure law (Infrastructure investment and jobs act) will implement a new law requiring all new vehicles to be equipped with alcohol detection?  

With a goal of reducing the number of individuals driving under the influence of alcohol, beginning in November 2024, car manufacturers will have 2-3 years to implement the technology as standard equipment in ALL new light-duty cars and trucks.   With the goal of eliminating driving under the influence, the technology will feature a breath and touch-based system to measure a driver’s blood alcohol level. The law will also allow the National Highway Traffic Safety Administration (NHTSA) to review and recall proposed technologies for alcohol detection. The program is set to begin implementation next year (2023) in fleet vehicles and could be required for all new vehicles by 2026 if NHTSA is able to meet congressional deadlines.

Many states, including Arizona, already require those convicted of DUI to install an ignition interlock in their cars to prevent driving under the influence of alcohol. Unlike traditional interlock devices, where a driver has to blow into an interlock device prior to operating a motor vehicle,  the new technology functions without drivers having to do anything differently to start the car before driving. If the sensors in the steering wheel and gear shift detect alcohol, the car won’t start or won’t move.  

This system is being considered in addition to a camera-based system that would look for signs of impairment, and create a larger intrusion to individual privacy. Some auto manufacturers have in fact already started installing cameras that monitor driver behavior. These cameras track make sure drivers keep their eyes on the road, they look for indications of impairment, drowsiness, or loss of consciousness. If any of these behaviors are detected, a warning alerts the driver and only escalates if said behaviors continue. Hazard lights come on, speed decreases, and the vehicle either comes to a halt or pulls over to the side of the road.

Unsurprisingly, Mothers Against Drunk Drivers is a major proponent of the new law, calling it lifesaving technology that could prevent thousands of deaths a year.  Republican Senator Mike Rounds, South Dakota, is working to repeal the mandatory alcohol detection technology.  Other Republican senators have pledged their support for his efforts.  

Why would legislators be opposed to a bill that could help prevent drunk driving?

Any regulation is the product of competing viewpoints and interests and are subject to scrutiny. One concern, as noted by Market Watch, is privacy, as “any system of technology that is basically driving surveillance” should not “go beyond what it needs to be.”  Electronic Frontier Foundation’s Lee Tien. The concern is that corporations may not protect user privacy–for example, it is one thing that the car cannot be operated if alcohol is detected, but it is another for that information to be released.

Another concern is false negatives and false positive readings.  Anyone who has had to use an interlock device or submit to breath testing knows that these machines are not always reliable.  Indeed, the American Highway Users Alliance sent a letter to lawmakers in 2020 emphasizing that it’s “extremely important that a technology designed to control human behavior not be imposed before it is clear that civil liberties are protected.”

This isn’t the first time that regulators have imposed restrictions on driving to reduce fatalities.  In the 1970s, safety regulators tried to require seatbelt use before a car would start.  However, Congress rejected that approach despite safety concerns.  Interestingly, when that law was struck down, government officials pointed to economic distress shifting the public view from safety to enforcement of antitrust laws. Auto manufacturers may have a financial interest in the new safety measure, so they may push for its implementation.

Only time will show whether and how the bill will be implemented and whether it will effectively reduce or eliminate DUIs. In the meantime, you’ll still have to get an ignition interlock on any car you drive in Arizona if you’ve been convicted of a DUI in the last year.

If you have been arrested for DUI, you should consult with an experienced and knowledgeable DUI defense attorney. Amanda Bynum, owner of AJB Law firm, is trained in DUI detection, enforcement, and defense. She has nearly 13 years of experience defending those accused of DUI and related charges. Call today for a free consultation.