Ohio Breathalyzer Bill Blows Drunk Driving Fight Off Course
American Beverage Institute Says Low-BAC, First-Offender Bill Isn’t Addressing the Real Drunk Driving ProblemMay 12, 2009
WASHINGTON – Today the American Beverage Institute (ABI) denounced ignition interlock bill HB78 which is being heard at 10:30am tomorrow before the House Criminal Justice Committee. This bill would mandate the installation of breathalyzers in the cars of low-BAC (blood alcohol concentration), first-time offenders.
Tomorrow, 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 Ohio.”
In fact, data from the National Highway Traffic Safety Administration (NHTSA) show that the average BAC of a drunk driver in a fatal car crash in Ohio 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.”
But the bill pending in Ohio 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.”
That’s why 27 states have passed high-BAC and repeat-offender laws, while just 10 target low-BAC, first-time offenders. If this bill passes, Ohio will join the handful of states that punish marginal, first-time offenders the same as hardcore drunk drivers. The legislature can and should fix this by amending the bill to apply to high-BAC and repeat-offenders.
Its also important to note that 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. In fact, Ohio MADD Executive Director Doug Scoles has said: The ultimate goal is to get automobile manufacturers to install one form of technology or another.
“With Ohio’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?"