No Driving Until You Pass Your Breath Test


According to a story from the Los Angeles Times, California drunk drivers that have been convicted of DUI may have to take a Breathalyzer test every time they want to drive their cars. That is, a bill proposes a new program that would place ignition-locking breath analysis systems into the automobiles of those individuals that have been convicted of driving while under the influence. Such a device would force motorists to have to pass a blood alcohol concentration test before their cars are permitted to start. The bill is currently awaiting approval from Governor Schwarzenegger, and is set to run in Los Angeles, Alameda, Sacramento, and Tulare counties.

According to the bill, the ignition-locking systems would take the place of a convicted motorist’s restricted license. Furthermore, it would be expected of motorists to pay for the installation of the devices and it creates the interesting question as to how law enforcement and probation officers would be able to enforce such a program. Ultimately, there are numerous issues that could arise that would prove the program to be relatively ineffective in curbing driving while under the influence.

For starters, a restricted license is very different than an automobile that does not start unless a breath test is passed. That is, while a restricted license will follow convicted motorists around from vehicle to vehicle, the Breathalyzer will not. All one would need to do to essentially circumvent the system would be to use another person’s car instead of their own, which begs the question as to how exactly a program such as this would prove to be successful.

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Attorney Lawrence Wolf provides strong legal representation for Criminal Defense and DUI Defense Cases.

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