Category Archives: Studies

States With Weird Liquor Laws

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A news report from time.com discusses how many states have bizarre, outdated and just plain weird laws regarding the sale and consumption of alcohol.

Texas
Texas prides itself on its business-friendly, free-market ethos. But when it comes to alcohol, Texas has some pretty elaborate regulations. Wal-Mart is feuding with Texas over the state’s refusal to let it stock liquor in its aisles. The issue? A 1995 law preventing public companies with more than 35 shareholders from selling hard liquor in the state. Walmart, which argues the law is unconstitutional, sued. Earlier this week, a court date was set for Sept. 2016.

Pennsylvania
For sheer strangeness alone it’s hard to beat Pennsylvania v. 2,447 Bottles of Wine. With its Quaker roots, Pennsylvania has some of the strictest alcohol rules in the nation, allowing sales of wine and liquor only through 600 special-state run stores. When a Chester County attorney was recently charged with importing more than 2,400 bottles of wine and selling some without a license, he struck a deal that let him keep about 1,000 bottles. But state law requires the remainder, more than 1,300 bottles, to be destroyed.

Massachusetts
Pennsylvania has Quakers, Massachusetts has Puritans. If that conjures an image of dour finger waving, you’re not far off the mark. Massachusetts law bans happy hours and drink specials, not to mention drinking games, and severely restricts when supermarkets can sell beer and wine. Some think the Bay State may interpreting its heritage too seriously. The Boston Globe,citing a colonial historian who noted that early settlers opened plenty of taverns, recently argued “Drinking Laws in Massachusetts Aren’t Puritanical — They’re Worse.”

Maine
Like many states, Maine restricts the sale of liquor on Sundays, in this case prohibiting it before 9 a.m. There is an important exception, however. In 2013, sharp-eyed Mainers realized St. Patrick’s Day would fall on a Sunday that year. Not to worry: Gov. Paul LePage signed an emergency law allowing liquor to be served as early as 6 a.m. when the holiday falls on a Sunday. Crisis averted.

 Louisiana

A state also known for its traditions, though not necessarily puritanical ones. Louisiana was the last state to raise its drinking age to 21 from 18. It has taken certain additional steps to combat drunk driving, including an open-container law, which discourages drinking in a vehicle, at least in theory. The law acknowledges the state’s ubiquitous drive-by daiquiri stands with a provision that considers a container closed so long as the straw hasn’t been put in the opening on the lid of the cup. One recent transplant describes the apparent logic of this:

As my friend once said, during my inaugural drive through daiquiri run, “We’re not going to drink it while we’re driving, we’re just going to go get it.”

“Then what are we going to do with it?”

“Then we’re going to go stop and drink it,” she said.

Nevada
In Nevada, bars can (and do) stay open 24 hours, and liquor can be sold at supermarkets and convenience stores. Open containers are permitted in Las Vegas and the nearby Strip. Also, state law explicitly states that it is not a crime to be drunk in public because drunkenness is a health problem—and obviously what all those people sipping gin and tonics on the patio of the Bellagio’s pool need most is the Nevada State Legislature’s support and sympathy.

New Jersey
Several states, including Massachusetts, Pennsylvania, and Idaho, set quotas for the number of liquor licenses they issue to bars and restaurants. That can lead to licenses being traded on the secondary market and changing hands for hefty sums. There are reports of sales in Montana for as much as $1 million. But no one does a shakedown like New Jersey. One New Jersey license reportedly sold for as much as $1.6 million.

Idaho
While Idaho’s liquor licenses may not sell as for as much as New Jersey’s, the state’s quota system has drawn attention for a different reason. The quotas, which allow for just one license for every 1,500 people, are designed to be strict: Temperance is written into the state’s constitution, which calls it a “first concern” of good government. But granting exceptions has proved pretty tempting too. The result: a spate of laws that seem to open the door, if only a crack, like this one highlighted by the Institute for Justice.

For example, in order to grant an exception to Clark House, a historic bed and breakfast on Hayden Lake, the Legislature passed an amendment lifting the rural license ban on any hotel that ‘has been in existence for at least 75 years and has been on the historic register for a minimum of 10 years, is situated within 500 yards of a natural lake containing a minimum of 36,000 acre feet of water when full with a minimum of 32 miles of shoreline, and is located in a county with a minimum population of 65,000.’

Utah
If there’s one thing you know about Mormons it may be that they don’t drink alcohol (or coffee for that matter.) So it’s not a huge surprise that Utah’s attitude toward liquor is more like Pennsylvania’s than that of its next door neighbor Nevada. In fact, Utah’s regulations are so strict, the Salt Lake City tourism board has a whole page devoted just to debunking Utah drinking law myths. The “Zion curtain,” in which the bartender mixes drinks out of sight, really exists—although only in restaurants opened after July 2012, not in bars or clubs, we are reassured. You can have more than one drink in front of you at a time, although indeed it is not permitted to order a double. If you order a drink in a restaurant, you also have to order food, at least an appetizer (which can be shared). Sounding not a little defensive, the tourism board concludes: “But let’s be honest: there are lots of weird liquor laws in the world.”

Washingtonians, if you think we’ve got it bad, there is worse.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Drugged Driving: A Growing Trend

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According to a report released by the Governors Highway Safety Association, the U.S. is facing a dangerous new highway trend: drugged driving. Loosening state marijuana laws and the recent rise in prescription drug abuse may have contributed to a growing number of traffic accidents and fatalities involving drivers found with drugs in their system.

Authorities found evidence of drug use in about 40 percent of tested drivers who died in 2013. This shows an increase of about 12% from 2005. That’s nearly the same level as fatally-injured drivers who tested positive for alcohol.

In similar fashion, USA Today reported that one third of the 2013 traffic casualties involved marijuana use. With pot now legalized for some purpose in 23 states, the report’s authors warned that officials need to create better policies, studies and education programs on the issue of drugged driving.

“Every state must take steps to reduce drug-impaired driving, regardless of the legal status of marijuana,” Jonathan Adkins, the association’s executive director. “This is the first report to provide states and other stakeholders with the information they need. And we encourage the National Highway Traffic Safety Administration to issue guidance on best practices to prevent marijuana-impaired driving. We look to the federal government to take a leadership role in this issue similar to that of drunk driving and seat belt use.”

Though driving while stoned and high is illegal across the country, it’s unclear what impact marijuana actually has on car crashes, if any. The National Institute on Drug Abuse wrote on its website that the drug can hurt judgment, decision-making, reaction time and coordination, but some drivers dispute that. Enforcement is complicated by the fact that traces of marijuana can persist for weeks after use.

The report noted that some drivers said they thought it was safer to get in the car after ingesting marijuana than after drinking alcohol. Joanne Thomka, director of the National Traffic Law Center, told Autoblog it was unfair to equate the two substances without better data. “Marijuana, we don’t know what that level should be,” she said. “We cannot and should not try to compare marijuana and alcohol. They are two distinct drugs.”

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New App Tries Reducing Drunk Driving Deaths

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A news article from NR Today, an Oregon newspaper, reported the Oregon Department of Transportation is pushing a new smartphone application that hopes to help impaired drivers get home safely. Read more here.

In short, the app, titled SaferRide, is a mobile phone program developed by the NHTSA and allows users to call a taxi or a friend. It shows the app users their location so they can easily be picked up.

New data from NHTSA shows that drunk driving deaths declined by 2.5 percent in 2013. Yet, even with this decrease from the previous year, 10,076 people died in crashes involving a drunk driver in 2013 — one death every 52 minutes. December 2013 was the month with the lowest number of drunk driving fatalities, 733 lives lost.

“This app easily and simply helps someone who is impaired get a ride or summon friends and do what it takes to get home safely,” said Dan Estes, DUII program manager for ODOT, in a release. “This app can accomplish a lot, and people need to know it’s available.”

Impaired driving can come from alcohol, over the counter or prescription drugs, illegal or recreational drugs, or other substances.

Representatives from ODOT, Clackamas County, Washington County, Oregon Impact, the City of Portland, OLCC, TriMet, OHSU ThinkFirst, AAA, Oregon Health Authority and Trauma Nurses Talk Tough came up with the idea while brainstorming ideas to tackle Oregon’s rise in crashes.

The app is available for Android devices on Google Play and Apple devices on the iTunes store.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Have Plea Bargains Superseded Jury Trials?

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“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

~Thomas Jefferson

How did the Sixth Amendment’s guarantee of a public jury trial in all criminal prosecutions become useless and outdated?

Seattle criminal defense attorney Kelly Vomacka answered these questions during her presentation at  the 7th Annual Smoke Farm Symposium on Aug. 22, 2015. Smoke Farm is a program center and events venue run by the Seattle-based nonprofit organization Rubicon Foundation.

Titled, “Plea Nation: Dispelling the Illusion That the US Criminal Justice System Sorts the Guilty from the Innocent,” Vomacka spoke to the trend that today’s criminal defendants are waiving their right to jury trials and entering plea bargains.

Studies show that 97% of criminal cases in the U.S. result in plea bargains that do not determine guilt or innocence. Only 3 percent go to trial by jury.  Vomacka also discusses incarceration issues, the risks of trial verdicts, the numerous “gaps” (race, communication, socio-economic status, etc. – between defendants and their lawyers, pleading guilty to get out of jail, etc.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. O’Dell: Court May Consider Defendant’s Youth at Sentencing

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In State v. O’Dell,  the Washington Supreme Court held that a defendant’s youthfulness can support a lower prison sentence.

About 10 days after his 18th birthday, O’Dell had sex with 12-year-old A.N. The two met up on Sunday afternoon, along with a mutual friend, to drink wine and smoke cigars in the woods. Apparently, she, the friend, and O’Dell made plans to meet up again later that night but that the friend did not join them as planned. She and O’Dell sat in the woods to wait for their friend and, after a few minutes of talking, O’Dell forcibly raped her.

Sean O’Dell was convicted of Rape of a Child Second Degree. At O’Dell’s sentencing hearing, the defense requested a lighter sentence because, as he said it,  “The defendant’s capacity to appreciate the wrongfulness of his conduct, or to conform his conduct to the requirements of the law, was significantly impaired by youth.”

The defense also argued that when O’Dell committed his offense, he “was still in high school, associating with school age persons” and “was not some mid-twenties man hanging out at the local high school or trolling the internet for young people.”

Finally, the defense quoted portions of the United States Supreme Court’s decision in Roper v. Simmons, which held that it is unconstitutional to impose the death penalty on a juvenile. Roper relied on research, by various medical and psychiatric associations, indicating that juveniles are more susceptible to negative influences and impulsive behavior and therefore less morally culpable for their crimes relative to adults.

Despite Defense Counsel’s arguments, the trial court sentenced O’Dell to 95 months of prison and said that it could not consider age as a mitigating circumstance.

O’Dell committed this offense 10 days after his 18th birthday. As stated by his defense attorney, “had the incident happened two weeks prior, and assuming the State could not convince the Court to prosecute O’Dell as an adult, he would be facing 15-36 weeks in a well-guarded juvenile detention facility … rather than 78-102 months in an adult prison.”

On appeal, O’Dell challenged his 95-month sentence. He argued that the trial court abused its discretion when it refused to consider O’Dell’s own relative youth as a basis to depart from the standard sentence range.

The WA Supreme Court ruled that the trial court erred when it refused to consider O’Dell’s youth as a mitigating factor justifying a lower sentence. First, it reasoned that all defendants 18 and over are, in general, equally culpable for equivalent crimes. But it could not have considered the particular vulnerabilities – for example, impulsivity, poor judgment, and susceptibility to outside influences – of specific individuals. The trial court is in the best position to consider those factors.

Second, the WA Legislature defining an adult felony offender as “18 and over” did not have the benefit of psychological and neurological studies showing that the parts of the brain involved in behavior control continue to develop well into a person’s 20’s:

These studies reveal fundamental differences between adolescent and mature brains in the areas of risk and consequence assessment, impulse control, tendency toward antisocial behaviors, and susceptibility to peer pressure. Until full neurological maturity, young people in general have less ability to control their emotions, clearly identify consequences, and make reasoned decisions than they will when they enter their late twenties and beyond.

Finally, the Court concluded, in light of what we know today about adolescents’ cognitive and emotional development, the defendant’s youth may, in fact, relate to a defendant’s crime that it is far more likely to diminish a defendant’s culpability; and that youth can, therefore, amount to a substantial and compelling factor justifying a lighter sentence. “For these reasons, a trial court must be allowed to consider youth as a mitigating factor when imposing a sentence on an offender like O’Dell, who committed his offense just a few days after he turned 18.”

The WA Supreme Court remanded O’Dell’s case for re-sentencing.

My opinion? Good decision. The defense attorney was very intelligent to provide the court with studies showing that young offenders have less ability to control their emotions and impulses. This is very true. Indeed, this reasoning is exactly why the Washington Legislature adopted the Juvenile Justice Act in 1977 and treats young offenders differently than adult offenders.

Here, although the Defendant was categorically denied Juvenile Court because he was 18 years old, he was barely 18 years old when he committed the offense. He’s much closer to being a child than an adult. And until a young person turns 25, their brains haven’t fully developed. Good decision.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

“Studies” Show Pot-Related Accidents Doubled from 2013-2014

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Newly released data from the Washington Traffic Safety Commission (WTSC) shows that marijuana is increasing as a factor in deadly crashes. The number of marijuana-impaired drivers involved in accidents has nearly doubled at a 48% increase from 2013 to 2014.

“We have seen marijuana involvement in fatal crashes remain steady over the years, and then it just spiked in 2014,” said Dr. Staci Hoff, WTSC Data and Research Director.

Also , Julie Furlong of the WTSC said 60% of the drivers involved in fatal or deadly crashes between 2010 and 2014 were tested for drugs. Of those tested, about 20% were positive for pot. These figures match those of previous years, they remained about the same year after year.

New testing and new analytics are now allowing the WTSC to determine specific THC levels at the time the driver is tested following an incident or crash. It’s called “active THC,” or enough to impair the driver’s coordination and judgement.  According to the WTSC, less than half of drivers who tested positive for pot in 2010 had active TCH. However, that number increased to 65% in 2013, and skyrocketed to 85% in 2014.

Dr.Staci Hoff, Data and Research Director for the Commission, says that simply means 85% of the drivers involved in deadly-fatal collisions in 2014 who had pot in their system were actually high at the time of the accident.

Young men between the ages of 21-25 have seen the greatest jump,  with over a 66% increase.

Some argue these facts show that since the legalization of marijuana in Washington state, we now face a potential epidemic of impaired drivers who are high behind the wheel. As a consequence, the National Drive Sober or Get Pulled Over campaign is gaining momentum. From now through Labor Day, extra law enforcement officers are patrolling areas and locations where DUI is a problem.

Over 100 law enforcement agencies including all districts of the Washington State Patrol will be teaming up and participating in the extra patrols all across the state. These extra patrols are all part of Target Zero—striving to end traffic deaths and serious injuries in Washington by 2030.

My opinion?

First, only 60% of fatal car crash victims were tested for drugs. Without understanding how this 60% was arrived at, we run the risk of a data selection bias.

Second, if 20% of the group tested positive for marijuana then this only reflects the actual percentage of cannabis users in the state; which, by itself, is not a very convincing argument of anything.

Third, we need more data. You can’t jump to conclusions based on data that’s too new. It needs more time to be compared against other factors. We don’t hear anything else about possible confounding factors to this data, which also raises serious suspicions. However even this admission whittles marijuana as the sole culprit down to maximum of 10% of all fatal crashes.

Fourth, the data comes on the heels of new DUI emphasis patrols. Sounds like a media spin to me.

Finally, what we really need to know is how many fatal accidents occurred solely for users of marijuana over the limit. This number would be the best indication of a causal relationship if confounding factors were accounted for and the sample size was unbiased.

Please contact my office if you, a friend or family member are charged with Drug DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Most Strict & Most Lenient States For DUIs

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Here’s a new and interesting study: Which states are the toughest on DUI? WalletHub compared the enforcement rules in all 50 states and D.C. to find out.

Most Strict Most Lenient
1-      Arizona 1-      South Dakota
2-      Alaska 2-      District of Columbia
3-      Connecticut 3-      Pennsylvania
4-      West Virginia 4-      North Dakota
5-      Kansas 5-      Maryland
6-      Nebraska 6-      Montana
7-      Utah 7-      Wisconsin
8-      Virginia 8-      Kentucky
9-      Washington 9-      Vermont
9-      Georgia 10-   Ohio
9-      Delaware 10-   New Jersey

Here’s more raw data:

  • First time offenders should expect to spend, on average, a minimum 1 day in jail, while those who are at their second offense should expect at least 21 days in jail.
  • Arizona has the longest minimum jail term for first time offenders (a minimum of 10 days), while West Virginia has the longest minimum sentence for second time offenders (180 days).
  • In 37 states, alcohol abuse assessment and/or treatment is mandatory, and in 39, local law enforcement regularly sets up sobriety checkpoints.
  • On average expect to have your license suspended for at least 3 months after being stopped for a DUI – even before trial – as most states “administratively” suspend licenses after arrest. Georgia will suspend a license for the longest period (up to 12 months), while 7 states do not have administrative license suspensions.
  • After a first arrest with a blood alcohol content (BAC) of .08 or more, an “ignition Interlock device” is mandatory in 24 states. In another 14 states, this device is mandatory after a first offense only if BAC is above .15. In 7 states, these devices are mandatory only after a second offense, and in 6 states the device is never required.
  • Red states are stricter on DUIs, with an average ranking of 23.0, compared to 28.2 for blue states (1 = Strictest).

Washington State ranked #9 among the Top 10.

The Methodology used was interesting. WalletHub examined 15 key metrics to evaluate which states are strictest and which are most lenient for DUI offenses. Each variable is weighted so that the toughest ones, like jail sentences, and those shown to have the biggest impact on repeat offenders, like ignition interlock devices, are weighted more heavily. The metrics used and the weight given to them are detailed below:

Criminal Penalties:

  1. A) Minimum jail time (for 1st offense, minimum sentence only)
  • 10 days and over (10 points)
  • 8 – 9 days (8 points)
  • 6 -7 days (6 points)
  • 4 – 5 days (4 points)
  • 2 – 3 days (2 points)
  • 0 – 1 day (0 points)

              B) Minimum jail time (for 2nd offense, minimum sentence only)

  • 60 days and over (7 points)
  • 50 – 59 days (6 points)
  • 40 – 49 days (5 points)
  • 30 – 39 days (4 points)
  • 20 – 29 days (3 points)
  • 10 – 19 days (1 point)
  • Under 10 days (0 points)

2. When is DUI automatically considered a felony?

  • 2nd offense (5 points)
  • 3rd offense (4 points)
  • 4th offense (2 points)
  • 5th offense (1 point)
  • Never (0 points)

3. How long does a previous DUI factor into penalties for a new DUI?

  • More than 12 years (4 points)
  • 12 years (3 points)
  • 10 years (2 points)
  • 7 years (1 point)
  • Under 7 years (0 points)

4. Are there additional penalties for high BAC?

  • Over 0.10 (3 points)
  • Over 0.15 (2 points)
  • Over 0.16 or higher (1 point)
  • No (0 points)

5. A) Minimum fine (for 1st offense, minimum sentence only)

  • $1000 and over (3 points)
  • $600 – $999 (2 points)
  • $200 – $599 (1 point)
  • Under $200 (0 points)

      B) Minimum fine (for 2nd offense, minimum sentence only)

  • $2000 and over (2 points)
  • $1200 – $1999 (1 point)
  • $400 – $1199 (0.5 points)
  • Under $400 (0 points)

6. Protection against child endangerment

  • Yes (1 point)
  • No (0 points)

         Prevention:

7. When is an ignition interlock mandatory?

  • 1st conviction with 0.08 BAC (5 points)
  • 1st conviction with 0.15 BAC (4 points)
  • 2nd conviction (2 points)
  • Not mandatory (0 points)

8. Is there an “administrative” license suspension after arrest (and before conviction)?

  • 6 months or more (4 points)
  • 3-6 months (3 points)
  • Less than 3 months (1 point)
  • No (0 points)

9. How long is ignition interlock mandatory?

  • 6 months or more (3 points)
  • 3-6 months (2 points)
  • Ignition Interlock period determined by court (1 point)

10. Is alcohol abuse assessment and/or treatment mandatory?

  • Yes (2 points)
  • No (0 points)

11. Vehicle Impound After Arrest

  • Yes (2 points)
  • No (0 points)

12. Average insurance rate increase after DUI.

  • 100% or more increased cost (1 point)
  • Above 75% increase in cost (0.75 points)
  • Above 50% increase in cost (0.50 points)
  • Above 25% increase in cost (0.25 points)
  • Under 25% increase in cost (0 points)

13. “No-refusal” initiative for rapid search warrants for sobriety testing

  • Yes (1 point)
  • No (0 points)

14. Sobriety checkpoints?

Yes (1 point) No (0 points)

15. Other penalties

  • If a state has any other penalties (1 point)
  • No other penalties (0 points)

Total: 55 points.

The Overall Rank was determined by how many points each state accumulated. The highest score – for the strictest state, which was Arizona – was ranked 1.

The data is interesting to interpret. The study said that since the 1980s, when states first began to crack down on drunk driving, the rate of impaired driving and the number of accidents caused by drunk drivers has dropped considerably. This has meant many saved lives, as drunk driving fatalities declined 52 percent from 1982 to 2013.

The study also mentioned some of this change was attributed to evolving social attitudes. Also, new, tougher penalties for those caught driving under the influence have also had an impact, especially in reducing the number of repeat violators. For example, almost half the states now require all convicted DUI offenders to install an ignition interlock device in any vehicles they will be driving. These devices analyze the driver’s breath and won’t permit the car to start if alcohol is detected. The study mentioned that the federal government estimates that these devices have reduced re-arrest rates of DUI offenders by 67 percent.

My opinion? The constant lobbying from groups like Mothers Against Drunk Driving and the National Highway Traffic Safety Institute have driven legislators to enact tougher laws of the the years.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Drunk Driving Data Rates By State

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The Centers for Disease Control and Prevention conducted a survey across people in the United States, asking how many times in the last 30 days they drove after admittedly consuming too much alcohol.

Apparently, people who live in Hawaii are the likeliest of those of any state to drive drunk. Mid-westerners also have high rates of drunk driving, according to a new report of drunk driving rates in the United States.

Age and gender played a role as well. Men were responsible for four out of five of the drunk driving incidents, based on the survey data, and people between ages 21 and 34 were much likelier than other age groups to drive while intoxicated, according to the survey data. In fact, men in that age group, who make up just 11 percent of the U.S. population, accounted for nearly a third of the drunk driving incidents.

People who reported driving drunk also reported other types of risky behaviors, such as Binge drinking and not always wearing seat belts. About 85 percent of those who drive drunk also binge drink, and those who didn’t always buckle up reported driving drunk three times as often as those who always wore their seat belts, according to the report.

For more information, see which States have the highest drunk-driving rates.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

States With the Highest DUI Arrests

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Today, a national study on DUI arrests was released by Project Know, a drug addiction resource center that combats substance addiction and the societal issues that stem from it. In it, they sifted through data from federal agencies to figure out where you are most likely to get arrested for a DUI, per capita.

For example, Seattle had 2,861 DUI incidents in 2013, which puts its DUI arrest rate at 43.8 per 10,000 residents—slightly lower than Washington’s 2013 rate of 49.8. There were more DUIs in Seattle in 2013 than in 2012 or 2011 and, so far this year (up to November 16th), there have been 2,588, which should put the end-of-year total at about the same level as 2013’s.

My opinion? Interesting projections. Let’s see data showing the lobbying efforts and financial contributions of different anti-drinking-&-driving groups like Mothers Against Drunk Driving (MADD) . I wonder if their efforts have anything to do with the projections and proactive enforcement of DUI laws in Washington? Just a thought.

New Technology Could End DUI

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The Washington Post reported that recent technological breakthroughs could virtually eliminate DUI’s which kill thousands of Americans each year. The technology could begin appearing in cars in five years.

Unlike ignition interlock devices, the new equipment won’t require a driver to blow into a tube. Instead, either a passive set of breath sensors or touch-sensitive contact points on a starter button or gear shift would immediately register the level of alcohol in the bloodstream. Drivers testing above the legal limit wouldn’t be able to start the car.

“The message today is “Can we do this?” but “How soon can we do this?” said Mark Rosekind, administrator of the National Highway Traffic Safety Administration (NHTSA).

Though no cost-per-car estimate has been made, once the sensors go into general production it’s anticipated the cost will be equal to that of seat belts or air bags, about $150-$200 per vehicle.

The article said that the goal is to produce a device that will react in less than a second and function without maintenance for at least 10 years or 157,000 miles. Sensors that detect alcohol levels in the air can react in less than a second after a driver gets into the vehicle. The technology is an offshoot of advances in sensory detection since the Sept. 11, 2001, terrorist attacks. With sudden demand for bomb detection sensors, the ability of machines to scan people, packages and luggage for tiny trace elements has expanded exponentially.

The American Beverage Institute, a restaurant trade association, opposes the alcohol detection system.

Data from the NHTSA shows that in 2013, 10,076 people were killed in car crashes involving drunk drivers. That was less than half the number of alcohol-related traffic deaths recorded in 1982, when 21,113 people were killed. In the past 30 years, 401,404 people have died in drunken-driving crashes.

My opinion? It’ll be interesting to see how various lobby groups fight or support this new technology.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.