NY: Mandatory Intercept Blood Level Alcohol levels to start vehicle.

The New York State Assembly ^ | 8 March 2004

[SheLion]

A03054 Memo:

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in              
relation to mandating ignition interlock devices                               

PURPOSE OR GENERAL IDEA OF BILL :

This bill requires the installation of ignition interlock devices, similar to breathalyzers, in all cars sold or registered in New York State. SUMMARY OF SPECIFIC PROVISIONS :

The vehicle and traffic law is amended by adding a new section 1198-a, which would require the installation of ignition interlocking devices in all motor vehicles manufactured for use, sold or registered in this state. Those manufactured must be fitted by December 31, 2006 while all existing cars must be fitted by December 31, 2007. Ignition interlocking devices are defined as any blood alcohol concentration equivalence measuring device which connects to a motor vehicle ignition system and prevents a motor vehicle from being started without first determining through an essential deep lung breath sample that the operator's equivalent breath alcohol level does not exceed the calibrated setting on such device.

JUSTIFICATION :

To ensure that those who have been drinking, regardless of their age, do not disregard safety and attempt to operate a motor vehicle, ignition interlock devices should be installed in all motor vehicles. These devices, in essence portable breathalyzers attached to a car's ignition, will not allow a car to be turned on if a deep breath lung test is not taken and passed. To dissuade allowing others from taking the test for a drunk driver, many devices have a rolling test which would ask the driver to retake the test after the car has been started. If this test is failed or ignored the car will react similar to a car alarm unless pulled over and turned off.

This implementation of this legislation will save lives. Alcohol effects a person's judgment, that cannot be disputed, and a person who has been drinking is in no state of mind to be judging their own sobriety, nor should other people, as many drinkers may not appear drunk to others. By installing these devices people who appear to be sober will be stopped from driving when in fact they are above the legal BAC.

It is a question of lives and ignition interlock devices will save them, it is that simple.

PRIOR LEGISLATIVE HISTORY :

2002 - A.11387 - Referred to Transportation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None

EFFECTIVE DATE : Immediately

[dead]

The ignition interlock device manufacturers must be shoveling money to politicians all around the country right now.

Buy their stock. The government never misses an opportunity to be our mommy.

[basil]

Isn't living a free country grand!

Stoopid politicians doing stoopid things--as usual. How are we going to stop them?

[Fun Bob]

Before you go drinking, blow up a balloon, and clip it off with a clothes pin. When you are drunk and get in your car, unclip the balloon, put it over the breathalizer inlet. Release the good air. Car starts up. $500 system that the democrats just forced the poor common man to have to buy to make themselves feel better has just been outsmarted. Nothing but a new car tax.

miserable failure miserable failure miserable failure miserable failure war criminal

[international american]

I hear these things often malfunction. More big brother crap, and expensive, too!

[SheLion]

Buy their stock. The government never misses an opportunity to be our mommy.

Yep! Something is really out of whack here!.......

[Eala]

Great. You're in a tense situation in dense high-speed traffic -- and the car suddenly says "Test time!"

[BIGZ]

Don't vote for Kerry and Fonda for starters.

[Puddleglum]

Good grief! Maybe we need a mandatory blood alcohol level devise before a legislator can vote on something.

[dirtboy]

To ensure that those who have been drinking, regardless of their age, do not disregard safety and attempt to operate a motor vehicle, ignition interlock devices should be installed in all motor vehicles.

I guess it never occurred to them to limit these devices to folks already convicted of a DUI. Nah, let's make everyone guilty until proven innocent.

If this test is failed or ignored the car will react similar to a car alarm unless pulled over and turned off.

I can just see this device wrongly going off in the middle of rush hour traffic on the interstate.

[R. Scott]

Yep! All drivers are potentially drunken killers. We must levy a fine on all vehicle owners of a few hundred dollars before they even have that first drink - even if they don’t drink.

[motzman]

Before you go drinking, blow up a balloon, and clip it off with a clothes pin. $500 system that the democrats just forced the poor common man to have to buy to make themselves feel better has just been outsmarted.

Solution: 5000% Tax Increase on balloons.

[Teacher317]

Great. You're in a tense situation in dense high-speed traffic -- and the car suddenly says "Test time!"

And the masses on the L.I.E. respond by saying "Blow this!"

When the cars shut down and cause accidents (and inevitably deaths), how will the Lefties whine their way through it all?

(Of course, since their intentions were good, they will ffffffeel no guilt about it whatsoever.)

[dead]

You have a couple of beers with your 70-year-old dad to celebrate his birthday. Suddenly, the poor old geezer keels over with chest pains.

You carry him to your car - the hospital is only three miles away!

But your car won't start because some nanny government bastard put an ignition lock on your car.

You watch your dad die in the passenger seat. Thanks do-gooder jerks!

[BadAndy]

In a sane and free state, the mere introduction of this bill should cause citizens to threaten burning the state capital, or at least demand the resignation of the idiots who proposed it.

[xrp]

This is racist against people who don't drink.

In addition, what if someone is being chased by an assailant? I hope I never see something reported such as "she could not escape because she wasn't able to blow the breathalyzer in her car, then she was dragged out, beaten and raped."

[Wolfie]

My prediction: Within 10 years, States who don't do this will lose Federal Highway Funds.

[Still Thinking]

So if this device causes a fatality, can any legislator who voted for this abridgement of our rights be sued personally?

I've never bought that "driving is a privelige, not a right" crap, but used to think it was fairly harmless, till they started taking it to its logical extreme. (I hope this is the extreme and they don't manage to come up with something even worse.)

[Pharmboy]

There would, of course, be a "Kennedy Exemption" clause in that.

[Gabz]

I hear these things often malfunction.

You beat me to it.

These things are notorious for contnuously malfunctioning.

And when they do malfunction a tech has to be called and guess who must pay for the service call? You got it - the driver.

2 years ago a friend of mine opted to have one installed in his vehicle as part of his taking part in a first offender's program. In 3 months he had it replaced 5 times.

[AD from SpringBay]

Before you go drinking, blow up a balloon, and clip it off with a clothes pin.

Better have two balloons - just in case...

[Wolfie]

What did you expect? We're a People who pee on demand for a job. We deserve whatever's coming our way.

[BraveMan]

"FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None"

I guess government vehicles will be exempt from this requirement . . .

[Old Professer]

Last night on Mythbusters, the "myth" of fooling the breath testers was aired (probably rerun); one of the most significant readings came after one of the duo, who had already registered .011, rinsed his mouth with mouthwash, spit it out and then blew into the device as directed - he blew an astounding .043! After waiting a few minutes, they reset the machine and repeated the test; he then blew .011 again.

If it were me, I'd carry around a couple of balloons filled with my ordinary breath just in case.

Some say a seltzer bottle CO2 cartridge might be handy, as well.

[HELLRAISER II]

Bunch of idiots!

[Numbers Guy]

This is racist against people who don't drink.

Not to mention unbelievably inconvenient. Every time you start your car you have to waste time taking a breath test. EVERY TIME. So if you're running some quick errands, you will waste a lot of time breathing into a straw to get permission to start your car.

Just imagine the parking lot rage incidents, where one person is waiting on a parking spot and the person in the spot has to waste even more time than usual before backing out . . .

[FourtySeven]

LOL........good idea! Not only about the balloon, but linking those sites to those phrases, so that when someone Google's them..............hehe

Bump to both!

[Gabz]

I can just see this device wrongly going off in the middle of rush hour traffic on the interstate.

It happened to a friend of mine.....scared the bejeeezus out of him and his elderly father who was his passenger.

[Ditto]

I suggest a pilot program on all state owned, leased or reimbursed vehicles operated by elected officials and those owned and/or operated by registered lobbyists to make sure this is truly an effective system before they make the working poor go to the expense of installing it on their only means of transportation/housing.

[plain talk]

Maybe they need to use one of these before Senators are allowed to cast votes. Ted Kennedy comes to mind.

[FourtySeven]

Bump to Mythbusters! I love Adam and Jamie! hehe

[Kakaze]

" It is a question of lives and ignition interlock devices will save them, it is that simple. "

Yeah, real safe. Your in traffic moving around 65 or 70 ( going with the flow) and this damn device wants you to retest. As if cell phones are not enough destraction, you now have to get a tube blow into it at a constant rate and and complete the test restow the tube , all while moving in rush hour traffic.

God forbid at that moment the test is either incomplete, malfunctions or reads a positive and shuts down the vehicle. Nothing like being without thrust, power steering or power brakes at this point, yeah real safe!

Good thing we are all required to buckle up.....were gonna need those belts.

[dead]

If they ever put these on golf carts, I'll have to give up the sport.

[xrp]

In other news, sales of USED cars soars. New auto sales plummet.

[international american]

That must have cost him or her plenty!
If it malfunctions, will your boss believe you? This is a disaster!!

[OXENinFLA]

You mean the Gov't already has a company set up to buy these devices from????

I'm shocked!

[mvpel]

Fascist states engage in prior restraint.

The theory that the First Amendment doesn't shield one who falsely shouts "Fire!" in a crowded theater is predicated on the assumption that engaging in prior restraint - taping everyone's mouths shut before the enter the theater just in case they might falsely shout "fire" - is unacceptable.

Something that may be lost on the legislators in New York. I wonder how many people will be killed by a malfunctioning or false-reading interlock, or an unexpected emergency after having a glass of wine?

This flies in the face of the doctrine of competing harms, too - there may be situations where driving while under the influence would be more desirable than another alternative, such as fleeing from an attacker.

[Arkie2]

I hope this is the extreme and they don't manage to come up with something even worse.)


A laser retinal scan to determine if you are awake and alert enough to drive your vehicle coupled to a transmitter and an onboard GPS to relay to a master data base every time you start your vehicle and your instntaneous whereabouts. How's that?

[Lokibob]

More simple answer to the problem: Ban parking lots within 1000' of a bar. Arrest anybody who crawls to their car.

Hold on, if nobody is arrested for DUI, where will the funds generated by fines come from?

Did you hear about the dyslexic trooper that gave a woman an IUD?

[calljack]

There is a huge group of people out there who do not want an end to drunk driving. Drunk driving lawyers,traffic schools, not to mention the police, what would they do if they didn't have to man sobriety checkpoints. I wonder what state governments collect in DUI fees and court costs simply for drunk driving tickets and fines. No impact on local governments my a$$.

[zook]

Not to mention sales of new cars in neighboring states.

[Wolfie]

ALL cars, new or used.

[Still Thinking]

No, they want to put them on used cars as well. :-( (Athough retrofits to cars where this is not fully integrated into the car computer will be very easy to defeat). If guys like this were at the helm, the American Revolution would never have taken place (not safe, you know).

[Wolfie]

Fascist states engage in prior restraint.

Duh. Ever hear of the crime called "intent to deliver"?

[Kakaze]

" My prediction: Within 10 years, States who don't do this will lose Federal Highway Funds. "

I've been saying for years to quit worrying over federal highway funds. The states never get back 100 percent of the collected taxes. It may be a bit simplistic, but if I were collecting a tax I'd want a hundred percent of it. Why have laws dictated to you over funds you only get around 50 percent return on?

[Gabz]

He got to know the service tech quite well and the guy admitted that the majority of them had major problems at some time or another.

What was even worse - was that unless he called the company and they verified that it was a malfunction and not due to alcohol consumption it would be recorded by Motor Vehicle as a violation of the terms of the first offender's program and the driver could potentially lose his license for up to another year.

[Agnes Heep]

Wouldn't it be easier, and cheaper, simply to summarily execute anyone caught DUI?

[Wolfie]

Athough retrofits to cars where this is not fully integrated into the car computer will be very easy to defeat.

You have to know that legislation making that illegal as well will be on the way soon.

[Wombat101]

I can tell you from experience (I was younger and umber then, so help me!) that a breathalyzer (the one's cops carry in their cars) probably do not work all that well. I have been pulled over at least five times in my life for suspicion of DWI and asked to "blow into this,please" and have ALWAYS passed.

Truth to tell, there were nights when I should never have been allowed near a car and still managed to get home with little more than a warning from a police officer. Other than proving that I was an idiot as a young man, I believe it indicates just how effective some of this gear really is.

[StriperSniper]

while all existing cars must be fitted by December 31, 2007

January 2, 2008, half of NY late for work, other half call in sick with car trouble.