Newsroom

Buffalo News runs ABI Op-ed: 'State should let the punishment fit the crime'

June 6, 2008

New York fines a driver speeding 5 mph over the limit $90. A driver caught speeding over 30 mph can owe up to $600. 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 new bill before the State Legislature aims to change that.

Like speeders, there’s a big difference between a person driving after two drinks and a drunk who drives after 10. However, legislation proposed by Sen. Charles Fuschillo would force New York judges to ignore that difference and 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 breath analyzers that measure a driver’s blood alcohol concentration. If a breath sample registers above a preset level, the engine will not start. These devices were originally developed for chronic drunken drivers with extreme alcohol levels, but now anti-alcohol activists are looking for a new target.

Proponents of the bill claim the measure will fight drunken driving. 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.

It takes only one drink to get arrested for driving while intoxicated in many states. Even though all 50 states list 0.08 blood alcohol content as the legal limit, many law enforcement agencies have adopted the notion that there’s no legal limit except zero.

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 New York to be charged with drunken driving and saddled with an interlock in their car.

Saab, Nissan, Toyota and other car manufacturers are already developing new interlock technology that could become 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, New York 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.”

Sarah Longwell is managing director of the American Beverage Institute in Washington, D. C., an association of restaurants committed to the responsible serving of adult beverages.