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New York Breathalyzer Bill Blows Drunk Driving Fight Off Course

American Beverage Institute Urges New York Legislature to Reject Low-BAC, First-Offender Interlock B
September 10, 2009

WASHINGTON – Today the American Beverage Institute (ABI), which represents over 200 New York restaurants, urged the New York State Senate to amend ignition interlock bill SB27 which could be voted on today. Senator Charles Fuschillo has announced plans to force a vote on this bill – which would mandate the installation of breathalyzers in the cars of low-BAC (blood alcohol concentration), first-time offenders – during the Senate’s special session today.
 
“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 is 0.19% -- 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 New York 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.

That’s why 27 states have passed high-BAC and repeat-offender laws, while just 11 target low-BAC, first-time offenders. If this bill passes, New York will join the handful of states that punish all marginal, first-time offenders the same way as hardcore drunk drivers.

Low-BAC, first-offender bills like SB27 are part of a little-known movement that seeks to mandate ignition interlock technology in all cars as standard equipment in the United States. New York has even considered legislation this year that would require interlocks be installed in the cars of all New Yorkers.

“With New York’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?"

She concluded, “The State Senate should amend this bill to require interlocks for high-BAC and repeat-offenders.”