If The National Highway Traffic Safety Administration gets its way, alcohol detection devices may be the norm in all vehicles in the not so distant future.
The NHTSA is seeking public comment on “advanced drunk and impaired driving prevention technology” counter efforts that could be made standard in all new passenger vehicles. Shoulder their proposal in the Advanced Notice of Public Rulemaking be approved, the agency could issue a motor vehicle safety standard requiring new vehicles to have the alcohol detection device as standard operating equipment. Let’s dive into the specifics and talk about the broader goal of zero drunk driving deaths.
Drunk Driving In America
It is pretty evident that drunk driving is a significant problem in Minnesota and throughout the United States, as an average of 10,580 people died each year in alcohol-related crashes between 2012 and 2021, and in the final year of the data set, 13,384 people died in drunk-driving related crashes.
In the $1.2 trillion bipartisan infrastructure act that was recently passed and signed by President Biden, there exists a provision for the NHTSA to draft a new safety standard requiring drunk driving detection features on new passenger vehicles. The measure was proposed by U.S. Rep. Debbie Dingell, D-Michigan and U.S. Senator Ben Ray Luján (D-N.M.), who both have a personal interest in seeing drunk driving fatalities fall. Luján was hit by a drunk driver in the past, and Dingell said she was moved to action after hearing about the tragic deaths of a Michigan family who were killed by a drunk driver in January of 2019. The bill asks the NHTSA to issue a final ruling on the matter no later than November 15, 2024.
As for how the new technology would work, proponents are offering several different solutions. Some say the standard breathalyzer device would work, while other propose computerized vehicle tracking or sensors that can detect alcohol in the perspiration of a driver. The NHTSA is more focused on a passive type of alcohol detection, like sensors that can detect alcohol on a person’s skin or from their breath. For example, a steering wheel or ignition switch could have sensors that can detect the presence of alcohol.
If approved, don’t expect the devices to come standard on every vehicle on the lot right away. Touch-based prototypes aren’t expected until 2025, and the NHTSA expects it could take manufacturers two years or longer to integrate them into new vehicles. Experts say the earliest expected dates for incorporating any approved devices into new vehicles would be in 2026 or 2027.
Should The Devices Come Standard?
We see both sides of the coin here, and we certainly support the idea of helping to reduce drunk driving deaths on the road, but is a standardized alcohol detection system the right move? Certainly those who choose to drive drunk will find workarounds to any new technology, and it seems likely the cost of the added technology will be passed onto the consumer. Should “the many” have to open their wallets for technology they won’t need in order to keep a better eye on “the few” who choose to drink and drive? And how much drunk driving would this change really curb? More input and research is definitely needed before alcohol detection devices are installed on all new vehicles.
We also understand that driving is a right, not a privilege, and can you really put a price tag on reduced traffic deaths? If these devices stopped even one tragedy, some would say it is worth the price, no matter the financial cost.
While we defend those accused of drunk driving in the court of law, one aspect of our work with clients that oftentimes goes overlooked is how we try to ensure they get the help they need to make better choices in the future so that they never again get behind the wheel while they are under the influence. We often tell them to complete an alcohol education course before it is mandated by the court, and we also help clients get into substance abuse programs to treat their root cause of their addiction. Oftentimes there is so much more that goes into the decision to drink and drive that larger mental, emotional and behavioral factors need to be addressed in order to really put an end to drunk driving. Perhaps efforts would be better focused on these areas instead of a standardized mass detection system.
We’ll keep tabs on the NHTSA proposal and see what happens when lawmakers and the public weigh in. Stay tuned to our blog for updates, and in the meantime, if you need help with a criminal matter in the Twin Cities, please reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
