Nationwide Ignition Interlock Device Hearings

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Contact Kevin Leckerman

Cherry Hill, NJ

Practice Areas: DUI and DWI

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On April 14, 2010, the United States Senate heard testimony concerning nationwide ignition interlock device legislation.  The legislation would require each state to pass its own law mandating that anyone convicted of a drunk driving offense install the device on his or her vehicle.  Otherwise, a portion of highway funds that the U.S. government annually distributes to the states would be withheld.

The ignition interlock device would be placed on a vehicle at the owner’s expense.  Once installed, the device requires that a driver blow into an attachment linked to a vehicle's ignition before the vehicle can be started.  If a certain level of alcohol is present in the breath sample, then the vehicle cannot be started.

Individual states only have the power to make changes to their own laws.  However, the U.S. government can make the distribution of highway funding to the states contingent upon the enactment of suggested legal standards.  In the past, the U.S. government has taken similar measures concerning other changes of the drunk driving laws. In 2000, Congress passed DUI legislation that required the states to adopt a .08% blood alcohol concentration standard for impaired driving in order to receive Department of Transportation appropriations.

Most states already have on the books ignition interlock installation laws related to drunk driving.  Recently a number of states, such as New Jersey, New York, Arizona, and New Mexico, have passed more stringent laws consistent with the proposed changes discussed by Congress.

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