Articles Posted in Ignition Interlock

Almost since the uniform adoption of the automobile in the early 20th Century, drunk driving has been a vexing problem. After World War II, as the population began to move to the suburbs and the two-car garage become standard, instances of drunk driving increased. A couple decades later, Mothers Against Drunk Driving become one of the strongest, most influential, and most successful political action committees in all the land. Most recently, MADD has begun to champion Breath Alcohol Interlock Devices, or BAIIDs, as the panacea needed to end drunk driving.

History of HR 3011 Proposing to End DUI by 2024

There have been multiple attempts by both parties in the federal government to pass legislation that would require the mandatory use of BAIIDs. The most recent incarnation of these efforts manifests in a bill that would require BAIIDs in motor vehicles by 2024. Prefaced with the desire to “[T]o improve the safety of individuals by taking measures to end drunk driving”, H.R. 3011 is sponsored by Rep. Kathleen Rice, a Democrat from NY and supported by Senators Tom Udall (D-New Mexico) and Rick Scott (R-Florida) and Representative Debbie Dingell (D-Michigan). The Bill, originally submitted in 2019, seeks to force automotive manufacturers to install systems that would prevent a vehicle from being started if the driver was above a .08.  These bills represent the latest attempts to force untested and unreliable equipment into our motor vehicles, with little regard for the severe consequences that could potentially follow.

As originally conceived the United States Supreme Court was intended to be a final check on the police power.   And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government.

The central goal behind the idea of having three branches of government is that a separation of power would exist such that each branch would keep the other from gaining too much power.

Because of this there has always been a certain amount of tension between the branches and there has also always been a certain amount of overlap between them.

I’ve been charged with a BAIID violation, can your Firm represent me?  Yes, the Barone Defense Firm has handled many BAIID violations in the past.  With the new super drunk law (described below), we expect to represent many more in the future.

What is a BAIID? – This is an acronym for “breath alcohol ignition interlock device.”  These devices are installed at your expense by one of several different companies in Michigan (see list below).  While in place a typical BAIID requires a driver to blow into the device when they first start their car.

A driver of a BAIID vehicle must retest within the first 5 to 15 minutes, and when driving for longer periods of time the driver must also test about twice every hour. The device records each test and any violation is reported to the monitoring agency.  The BAIID will not allow the car to be started if it detects a BAC of .025 or greater.

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