Ignition Interlock and DWI - article by visiting author Kimberly Peterson
The recent enactment of legislation in Missouri requires an ignition interlock on drivers who have been convicted of two or more DWI charges, thus making the roadways safer for all drivers. RSMo. 577.600 upheld that this is required on all vehicles that are operated by such repeat convicted offenders and is a required condition of the limited driving privilege for a short period. Only three states in the nation do not have any laws that require ignition interlock devices: Alabama, South Dakota, and Vermont. However, the rest of the nation believe that mandatory ignition interlocks are a necessary need for repeat DWI offenders; 85% of the general public agree with this law and offenders themselves believe it is essential towards helping to curb their addiction with drinking and driving.
Missouri was one of the first states to implement this law for repeat offenders; ten other states have issued the law as prudent for first time DWI offenders, while many other states offer discretionary status of the law. The ignition interlock has been hailed as one of the most effective tools in the fight against drunk driving. Statistics in Missouri alone have revealed that almost 20 percent of highway deaths are a result of drunk driving, many of which were double the legal limit. This new device helps in ending the decades long debate against drunk driving while not infringing on public liberties. It is more useful in noting that offenders themselves believe this sanction to be fair and effective in forcing them to remain sober when operating their vehicle.
The ignition interlock device works by requiring the driver to blow into a type of breathalyzer which does not turn on the engine if the BAC is higher than a predetermined amount, usually around .025 in Missouri. Additionally, many interlock devices now require that the driver blow into them a second time while the car is in motion to guarantee that the driver themselves was the person blowing into the device (many times, a friend initially blows into the device). This second testing is not mandatory on all of the devices, but is an important aspect to guaranteeing the safety of roads from repeat offenders. If the driver fails this test, however, the car does not shut itself off as this is dangerous on a busy street, but rather sets of the alarm and causes the car to honk and flash unless the vehicle stops. This is important to alerting law enforcement to the driver’s condition; the device itself cannot stop the car once it is running, but this method is effective in causing the driver to stop the car.
Thus far, the device has been very effective in curbing the persistence of drunk drivers who continue their repeat behavior after multiple convictions. While many states have passed this law after first-time offenders, Missouri remains in the range of multiple convictions. It therefore becomes important to decide whether or not it should be made a mandatory device of first-time offenders. Organizations such as MADD list the fact that most first-time offenders have driven drunk around 87 times before they are pulled over for a first offense. This consequently determines that the device should be mandatory for many first-time offenders because of their previous actions, although Missouri has yet to include this in the law thus far. The addition of this law in general has proven to be a milestone in preventing repeat drunk drivers and has helped to ensure the general public’s safety on roadways.
This was a contribution by a visiting author not associated with Sansone Law, LLC and does not necessarily reflect the opinions or positions of Sansone Law, LLC or Missouri InjuryLaw Blog or any of its personal injury lawyers or staff.
