Massachusetts is considering new drunk driving laws that would require an ignition interlock device for anyone convicted of even a first offense drunk driving charge (OUI).An ignition interlock device is a system that prevents a car from starting until a clean breath sample without alcohol is detected. If the device detects any measurable alcohol consumption (usually set to .02% BAC), the vehicle won’t start, and a failure will be logged in the computer.
These interlock devices are used in most states for multiple offenders, of high BAC cases of so-called “Extreme drunk driving”, where a person is convicted of a DUI after a breath test result of .15% or higher, or nearly twice the nationwide legal limit of .08%.
Current Massachusetts drunk driving law requires an interlock device to be installed only after a second offense drunk driving conviction. If this bill passes, Massachusetts would join 11 other states in requiring interlock’s after a first offense conviction, including Arizona and Illinois.
The Massachusetts legislature is currently considering enacting this law, which is strongly supported and promoted by MADD.
Critics of 1st offense ignition interlock device requirements say that there is little evidence that it makes the roads safer, since most people who are charged with drunk driving never get in trouble with the law again.
The way the system is set up, most people plead guilty to drunk driving charges, even when they have a very beatable case where the evidence against them isn’t very strong. But since first offenders are subject to instant license suspension in most states, many people choose to plead guilty instead of fight. If a plea deal restores a person’s driver’s license reinstated right away, with an occupational work license, or hardship license, that is often more important than taking a chance to fight the charges in court.
A 1st offense IID requirement makes the burden even more difficult for someone who has a winnable case, or made a one time mistake blowing barely over the limit.
While an interlock requirement may not seem like a huge burden, it is a significant expense, resulting in potentially thousand of dollars in installation and maintenance fees. It also can be a career-ender for anyone who needs to drive a company vehicle to earn a living.
It is more reasonable to require these devices after a multiple offense conviction, or a high BAC threshold, where a person has proven that they are a continuing danger on the road, and may have a problem with alcohol abuse and addiction that is a true threat to public safety.
Other Related Drunk Driving Laws in Massachusetts
Other laws are being considered that related to drunk driving incidents which result in someone being hurt or injured. Included are proposed enhancements to vehicular homicide laws to determine whether alcohol was a factor.
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