Chicago DUI Lawyers

Change In NY DUI Laws Follows $

More hysteria on the way for those accused of DUI in New York. Our Chicago DUI Lawyers note the new law coming into effect today for those convicted of drunk driving in New York.

NY requirement for ignition interlocks in effect

ALBANY, N.Y. — Driving a car won’t be as simple as inserting a key into the ignition for anyone convicted of a drunk driving charge.

A provision of Leandra’s law that went into effect Sunday requires individuals convicted of felony or misdemeanor drunk driving to install ignition interlock systems in their cars.

The devices are connected to ignition systems and measure the alcohol in a driver’s breath. If the driver fails, the ignition is disabled.

The interlocks have to be installed for at least six months and up to three years for a misdemeanor and five years for a felony.

Okay, great. But what effect do these devices really have? Well, one study¹ of these devices by the State of California showed the following:

The expected effect that an IID order/restriction issued by the court would result in a lower rate of subsequent DUI convictions was not observed. (p. 7)
The risk of a subsequent crash was higher for drivers installing an IID, compared to drivers not installing a device; drivers installing an IID had a risk of a subsequent crash that was 84% higher than drivers not installing an IID. (p. 10)
The results of this outcome study clearly show that IIDs are not effective in reducing DUI convictions or incidents for first DUI offenders (p.22)
Because there is no evidence that interlocks are an effective traffic safety measure for first DUI offenders, the use of the devices should not be emphasized. (p. 22)

So if these devices really don’t help, why are they required by law? Could it be money driven? Well, let’s take a look at what is going on in a state like New Mexico, with some of the toughest DUI laws on the books. From the Albuquerque, NM Journal:

[DUI] also carries a six-month license revocation where the offender can only legally drive a vehicle that has an ignition interlock installed. This device is designed to allow only a sober individual to operate the car.

That’s where the fees kick in. The interlock runs $960 per year and there’s a $45 “interlock fee.” That, plus a $100 license fee, a $65 crime lab fee, a $75 community fee, a $200 alcohol screening fee, a $20 corrections fee. All this adds up to $1615 in extra fees combined with the fine for a total of $2115, a number which does not include the cost of increased insurance, treatment, lost wages, towing and storage, court costs and attorney fees.

Wow. Those IIDs sure are expensive. So where does all this end? It doesn’t. Groups like MADD are pushing to make these devices mandatory in all cars – regardless of whether or not the owner has ever had a DUI charge. And who could be behind such an idea? Well, car manufactures such as Saab already have produced IID technology for their future cars – now all they need is the legislation (which MADD promotes) to make it mandatory in order to cash in. Oh, by the way, Saab (owned by GM) is part of the Auto Alliance Group, which is a group that contributes anywhere from $100,000.00 to $1,000,000.00 to MADD². GM individually also contributes $50,000.00 to $99,000.00 to MADD².

So it’s not about money, if that’s what you think.

¹An Evaluation of the Effectiveness of Ignition Interlock in California: Report to the Legislature of the State of California

²MADD 2008-9 Annual Report