Newsroom

DUI proposal's restrictive nature alarming

ABI Op-ed in Anchorage Daily News
April 3, 2008

Alaska fines a driver speeding 5 mph over the limit $40. A driver caught speeding 20 mph over can owe more than $240.

The rest of the state's traffic offenses follow the same theme: The severity of the crime determines the severity of the punishment. But a bill before the state Legislature aims to change that.

As with speeders, there's a big difference between a person driving after two drinks and a drunk who drives after 10. However, proposed legislation would force Alaska judges to ignore that difference. They would have to punish drivers charged with driving just a sip over the limit with the same sentence given hard-core offenders: ignition interlocks.

Ignition interlocks are in-car breathalyzers that measure a driver's blood alcohol concentration (BAC). If a breath sample registers above a pre-set level, the engine will not start.

These devices were originally developed for chronic drunk drivers with extreme alcohol levels. Already, many courts in Alaska and across the nation successfully prescribe interlocks to keep alcohol abusers and repeat offenders off our roads. But now anti-alcohol activists are looking for a new target.

Proponents of the bill claim the measure will fight the drunken driving problem. National statistics, though, prove that the problem has been reduced to a few individuals who severely abuse alcohol and still choose to drive. Mandating interlocks for first offenders doesn't focus on those dangerous criminals.

With an average BAC of .19 percent--more than double the legal limit -- the average drunken driver in a fatal crash has slurred speech, uncoordinated movements and delayed reactions. That's the scenario many people imagine when we hear about drunken driving. In reality, it only takes one drink to get arrested for driving under the influence in many states. Even though all 50 states list 0.08 BAC as the legal limit, many law enforcement agencies have adopted the notion favored by the Ohio State Highway Patrol: "There is no absolute 'legal limit' except 'zero.'"

Unlike those booked for other crimes, most DUI suspects will never be able to remove the arrest from their records -- even if they were never actually charged or convicted. (Keep in mind that drug users, wife beaters, and burglars can clear their names.)

A couple of drafts at a ball game, a glass of wine at an anniversary dinner, a wedding toast or two: Moderate drinking -- not enough to render you "impaired," let alone drunk -- may soon be all it takes for drivers in Alaska to be charged with drunken driving and saddled with an interlock in their car.

Other states have gone so far as to propose "universal" legislation -- lobbying for mandatory interlocks in every car in the state. This kind of silliness may sound far off, but it's closer than you may think.

Saab, Nissan, Toyota and other car manufacturers are already developing new interlock technology that could be manufactured as standard equipment. In early 2007, Nissan unveiled a concept car fit with odor sensors to "sniff" any alcohol in the cabin. A host of other equally intrusive prototypes -- such as dashboard-mounted monitors and steering wheel and gear-shift detectors -- can sense if you had Irish coffee for dessert.

This kind of zero tolerance is not anti-drunks. It's anti-drinks.

It's important to remember that drivers who speed or talk on their phones are more likely to crash than those who have 0.08 BAC. Though these reckless behaviors contribute to a growing death toll, Alaska legislators are not clamoring to mandate speed-capping technology for first time speeders.

If our representatives are serious about improving traffic safety, they should heed an age-old saying: "Let the punishment fit the crime."

By SARAH LONGWELL

Published: April 3rd, 2008 12:01 AM