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Courts Are Increasingly Relying on Breathalyzers Installed in Vehicles to Prevent Driving Under the Influence of Alcohol


home run dui (select to view enlarged photo)

LOS ANGELES--Jan. 16, 2012:  Imagine that you are out on a date and have a casual glass of wine with dinner. As you get into your car, you face the humiliation and embarrassment of having to blow into a tube connected to your car's ignition system just to get the car started. The subsequent explanation can't be anything that remotely resembles a pleasant conversation you wish to have on a date. Welcome to the relatively new world of breathalyzers or ignition interlock devices (IID's) installed in certain vehicles, which have been mandated by some local California courts to ensure that DUI offenders are sober before they drive. Some law makers and government officials are hoping that this program, an alternative to harsher DMV and court mandated punishments, would serve as a deterrent to the problematic issue of driving while under the influence of alcohol. This idea is supposed to be particularly more effective in the Southern California Area, where public transportation is not as easily available at night as in other American metropolitan areas.   

The IID requires drivers to breathe into a tube-like device connected to the ignition system which measures the Blood Alcohol Content (BAC) of the driver as compared to his/her weight. If the driver's BAC reading is greater than the specified limit, the ignition will subsequently lock and not start. A subsequent sober reading would have to be registered for the automobile to start again. Additionally, once you are driving, the device requires you to provide periodic breath samples to ensure continual sobriety. The device has become increasingly popular among law enforcement and the courts to reduce DUI's, their financial cost on society, as well as the negative stigma from the lives lost every year. 

The enforcement of the car breathalyzer comes with considerable cost to the DUI offender. Offenders are responsible for any and all installation costs, as well as maintenance and rental fees of the device. While the price varies depending on the geographic location and the contracted company, it typically costs the offender well over $100 to install and maintain the device. The breathalyzer is not only costly to the DUI offender, but many point to the embarrassment in front of friends and family as a major deterring factor.

Having a breathalyzer installed in your vehicle is very possible if you are a repeat DUI offender. However, as of July 1, 2010, the California counties of Alameda, Los Angeles, Sacramento, and Tulare are subject to the Ignition Interlock Device (IID) pilot program, which requires certain first-time DUI offenders to install a breathalyzer in their vehicle. Thus, it is important to consult with an experienced DUI attorney to learn more about whether the new requirements of the IID program apply to you. Also, an experienced DUI attorney can help prevent enforcement of the device in your vehicle by providing you with additional information about your legal rights and alternatives. Since repeat DUI offenders usually face harsher penalties than those of first-time offenders, including the possibility of more extensive exposure to jail time, larger fines and harsher DMV sanctions, it is especially important for these accused offenders to consult with experienced DUI attorneys to maximize their rights and use alternative programs, such as the IID program, for their benefit. On the other hand, experienced DUI attorneys can also help to make sure that the accused offenders are not unjustly subject to the embarrassment of these programs when the facts of the incident at issue do not support law enforcement's push for punishment.