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Maryland Breathalyzer Bill Blows Drunk Driving Fight Off Course

American Beverage Institute Urges Maryland Legislature to Reject Low-BAC, First-Offender Interlock Bill
March 5, 2009

WASHINGTON – Today the American Beverage Institute (ABI) denounced ignition interlock bill HB1217 which is being heard at 1pm today before the House Judiciary Committee. This bill would mandate the installation of breathalyzers in the cars of low-BAC (blood alcohol concentration), first-time offenders.

Today, ABI Managing Director Sarah Longwell 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 Maryland.”

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% -- twice the legal limit. Additionally, a NHTSA administrator has said that today’s problem is “by far and away” made up of “those who have alcohol use disorders.”

But the bill pending in Maryland fails to target this dangerous population and instead will force 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.”

Low-BAC, first-offender bills like this one are part of a little-known movement that seeks to mandate ignition interlock technology in all cars as standard equipment in the United States.

“With Maryland’s drunk driving limit set at .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 .08 BAC level by having two glasses of wine in two hours. Should she receive the same punishment as someone with a .18 BAC level or multiple offenses?"

Sarah Longwell will be in Annapolis today to testify and participate in media interviews.