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North Carolina Breathalyzer Bill Blows Drunk Driving Fight Off Course

American Beverage Institute Urges North Carolina Legislature to Reject Low-BAC, First-Offender Interlock Bill
May 6, 2009

WASHINGTON – Today the American Beverage Institute (ABI), which represents 289 North Carolina restaurants, denounced ignition interlock bill HB1489which is being heard at 11am today before the Committee on Science and Technology. This bill would mandate the installation of breathalyzers in the cars of low-BAC (blood alcohol concentration), first-time offenders.
 

“By mandating breathalyzers for first time offenders, regardless of their BAC level, this proposal ignores the root cause of today’s drunk driving problem—hard core alcohol abusers,” said ABI spokeswoman Sarah Longwell.
 

Data from the National Highway Traffic Safety Administration (NHTSA) show that the average BAC of a drunk driver in a fatal car crash in North Carolina is 0.19% -- more than 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.” Former MADD (Mothers Against Drunk Driving) president Katherine Prescott has made similar statements, saying that the drunk driving problem has been reduced to “a hard core of alcoholics who do not respond to public appeal.”
 

But the bill pending in North Carolina 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 North Carolina’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 .19 BAC level or multiple offenses?"