Pennsylvania DUI Legislation Raises National Concerns

Use of ignition interlock device for all PA DUI offenders, regardless of blood alcohol content, displays draconian approach to drunk driving.

The Pennsylvania state legislature is considering a law that would require judges to mandate ignition interlock devices for all motorists charged with drinking and driving. The issue raises questions about the focus of the national anti-drunk driving campaign.

The average motorist driving under the influence who causes a fatal accident has a blood-alcohol content more than twice the legal threshold for intoxication. They display slurred speech and an obvious lack of coordination. That is the image that many people hold when they hear about drinking and driving.

The reality is that many law enforcement agencies across the United States now profess a zero tolerance for any alcohol. Motorists who have engaged in responsible social drinking and show no signs of impairment have become subject to arrest for the presence of any alcohol. Arrests for drinking and driving have become common even when a breath test reveals a BAC below .08%. There have even been instances of individuals being charged with DUI when they are completely sober because they were not able to complete an arcane field sobriety test.

Driving Under the Influence is a serious offense, and chronic drunk drivers with high BAC levels warrant aggressive pursuit and prosecution. To provide a larger context however, a growing number of motorists charged with DUI were not legally drunk and statistics show that the majority of all stopped for drunk driving are never arrested again.

Applying a single response to a complex issue, such as ignition interlock devices for all charged with driving under the influence, indicates the focus has moved from an anti-drunk driving campaign to one of anti-drinking.

For a succinct article on the issue of drunk driving and the pending Pennsylvania ignition interlock legislation, please read the article by the director of the American Beverage Institute at this link.

The full story can be found at http://www.philly.com/dailynews/opinion/20080331_Will_cars_regulate_our_drinks_.html.

If you have been arrested drunk driving in Pennsylvania you will need to hire a PA DUI attorney.