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DUI Archives

December 9, 2011

NMA Wisconsin Alert: Ignition Interlocks Proposed for All First-Time Offenders

First-time DUI offenders in Wisconsin would be required to use an ignition interlock device (IID) under a proposal from Senator Chris Larson, D—Milwaukee, and Representative Tony Staskunas, D—West Allis. Specifically, Senate Bill 320 would require:

“… a court to order the operating privileges of a person who commits a first offense related to operating a vehicle while intoxicated, regardless of his or her alcohol concentration, be restricted to operating vehicles that are equipped with an ignition interlock device.”

Current law requires use of ignition interlock devices (IID’s) for first-time offenders with blood alcohol content of 0.15 or higher and for all repeat offenders.

The National Motorists Association does not condone or promote drunk driving in any way. We do, however, encourage policymakers to consider thoughtful solutions to the drunk-driving problem. Unfortunately, IID’s don’t fall into this category. The devices have proven unreliable, and a well-documented California DMV study found first-time offenders with interlocks on their cars had higher subsequent accident rates than first-time offenders without the devices.

Last year Mothers Against Drunk Driving floated a proposal requiring IID’s in every new vehicle sold. We know that national efforts like these begin incrementally at the local or state level, and MADD is mobilizing its Wisconsin members to support this bill.

The NMA opposes this legislation because IID’s are not an effective deterrent to drunk driving and because, if passed, this legislation may pave the way for even broader use of the devices.

SB 320 was introduced this week and has been referred to the Judiciary, Utilities, Commerce, and Government Operations committee. Please contact the committee members as well as your own Senator and Representative to let them know this bill won’t make Wisconsin’s roads any safer.

January 27, 2011

NMA Canada Alert: National Focus on Impaired Driving Brings Tougher Laws

At a recent news conference Canadian Transport Minister Sam Hamad discussed several anti-impaired driving measures that the Ministry has pushed for. (This according to The Indiana Beverage Journal, January 2011 issue.)

The Ministry has clearly promoted harsher punishments for impaired driving nationwide. It also favors lowering the legal blood-alcohol level for drivers to 0.05; in acknowledging popular and political resistance to the idea in Quebec, Hamad said simply that "...Quebecers are not there yet."
 
Among the concrete results of the Ministry's push are tougher impaired driving laws in British Columbia (see this link for details), and a $2 million pilot project in Quebec over three years to increase awareness about impaired driving and increased use of random roadblocks.

Mr. Hamad also anounced that the national government is asking Ottawa to amend the Criminal Code to add that a driver found guilty of drunk driving for the fourth time would be considered a long-term offender.

While the National Motorists Association understands the serious threat to public safety that true impaired driving creates, it also is concerned about the excessive enforcement of numerous draconian laws and the imposition of more and more behavioral and technological regulations, such as mandated Breathalyzer ignition interlocks, on motorists -- even those who have never been guilty of impaired driving. You can learn about the NMA's positions on DUI laws here.

As for lowering the legal blood-alcohol level for drivers, this is not about drunk driving or highway safety, this is anti-drinking social engineering.  People at 0.1 or 0.08 -- let alone people at 0.05 -- are not automatically "drunks drivers" and they are not the people who should be targeted for DWI enforcement. The average DWI violator is arrested with a BAC of 0.15 to 0.17 percent. Even in countries with extremely low legal BAC limits (e.g. Sweden at 0.02), the average DWI arrest involves a BAC of at least 0.15 percent. Lowered BAC levels are intended to intimidate casual and social drinkers and give the police unbridled discretion to test and arrest almost anyone who has been drinking.
 
It remains to be seen whether Quebecers and the rest of Canada "get there" and reduce the legal limit even further, but we are concerned that Canada, and the U.S. have already gone too far in the use of DUI laws to pursue neo-prohibitionist agendas.
January 26, 2011

NMA Indiana Alert: Officer Bisard Case -- Who Can Legally Draw a Blood Sample?

Most of you have probably already read about the unfortunate case of IMPD Officer David Bisard and the August crash that killed one motorcyclist and injured two others.

The key legal issue in the ongoing prosecution of Bisard could be instructive to Indiana motorists, particularly those who may be stopped for suspicion of DUI in the foreseeable future.

The viability of felony alcohol-related charges against Bisard will depend on whether his blood-alcohol tests were valid, and that will depend on the question of just who can legally draw blood for blood-alcohol testing in a DUI context.

An article in the Indianapolis Star form 1/13/11 lays out the relevant law quite clearly. According to the Star:

"A law enforcement officer may transport the person to a place where the sample may be obtained by any of the following persons who are trained in obtaining bodily substance samples and who have been engaged to obtain samples under this section:

(1) A physician holding an unlimited license to practice medicineor osteopathy.
(2) A registered nurse.
(3) A licensed practical nurse.
(4) An emergency medcial technician-basic advanced.
(5) An emergency medical technician-intermediate.
(6) A paramedic."

Unless and until the Indiana Courts interpret this authorization more broadly, only the listed individuals can take a valid blood sample -- and what is invalid for Officer Bisard is invalid for Indiana motorists generally.






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