New Jersey Breathalyzer Bill Blows Drunk Driving Fight Off Course
American Beverage Institute Urges New Jersey Legislature to Amend Interlock Bill to Apply Only to High-BAC and Repeat OffendersJanuary 26, 2009
WASHINGTON – Today the American Beverage Institute (ABI) denounced ignition interlock bill SB1926 which is being heard today by the New Jersey Senate Law, Public Safety and Veterans' Affairs Committee. This bill would mandate the installation of breathalyzers in the cars of low-BAC (blood alcohol concentration) first-time offenders.
The ABI further advocates in favor of targeting the high-BAC drivers and repeat offenders, who comprise the core of today’s drunk driving problem.
Today, ABI Managing Director Sarah Longwell, invited to offer expert testimony by the New Jersey Restaurant Association, will testify before the Committee. Below is an excerpt from her testimony:
“We believe that this bill denies judicial discretion and ignores proportional response by mandating ignition interlock devices for low-BAC, first-time offenders.”
“This bill mandates that even those only one sip over .079 receive a punishment primarily reserved for the high-BAC, repeat offenders who cause the vast majority of alcohol-related fatalities in New Jersey.”
In fact, according to former MADD (Mothers Against Drunk Driving) president Katherine Prescott, the drunk driving problem has been reduced to “a hard core of alcoholics who do not respond to public appeal.”
Further, data from the National Highway Traffic Safety Administration (NHTSA) show that the average BAC of a drunk driver in a fatal car crash is 0.18% -- that’s more than double the legal limit. Additionally, Ricci Branca, the young man for whom the interlock bill is named, was killed by a drunk driver with a BAC over four times the legal limit.
But the bill pending in New Jersey fails to target this population of dangerous drunks. Instead, this legislation would force low-BAC, first-time DUI offenders, even those just one sip over the legal limit, to install breathalyzers in their cars. In fact, former MADD chapter Executive Director, Charles V. Peña, has said “a first time offender - at the legal limit of .08 BAC should not automatically receive the same punishment as someone driving at more than twice that and with prior convictions.”
“With New Jersey’s drunk driving limit set at 0.08% BAC, this bill would mandate that drivers install a breathalyzer in their car for behavior that, according to numerous studies, impairs them less than driving while talking on a hands-free cell phone,” said Longwell. “A 120 pound woman can reach the 0.08% BAC level by having two glasses of wine in two hours. Should she receive the same punishment as someone with a 0.18% BAC level or multiple offenses?"