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#1
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DUI Interlock cited as causing accident-here come the lawyers
A convicted DUI driver passed out while behind the wheel, and blames the interlock device for his accident.
Others from around the country relate similar complaints. Question: Does the positive effect on public safety through the installation of these devices outweigh the risk created by diverted attention from proper driving? I'm still trying to decide. To the Mods-I put this in the Pit, anticipating strong opinions and possible language. Relocate if you feel otherwise.
__________________
Crows. Keeping our highways clear of roadkill for over 80 years |
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#2
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I don't see much of a point in using them while driving. Before starting the car? Yes, a wonderful thing. But it is a severe distraction while driving, and what does it do if you fail? Shut the engine off while you're going 75 mph down the highway?
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#3
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Simple, you get in the car and blow into the doodad. If you're sober enough the car starts, if you're not, it don't start. |
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#4
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This Year's Model, the reason that periodic testing is required and not just when the car is to be started is to prevent drunk people from having a sober buddy blow for the test and get the car started and then drive off. As for the periodic testing being a distraction, as stated in the article, people always have the option of pulling over. If they do fail the test, they have a window of opportunity to get out of traffic and stop the car before the ignition locks, the engine does not shut down instantaneously.
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#5
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#6
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Whoops, thanks Jada I missed that.
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#7
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Hmmmmm the server just warped out on me, neat.
Anyway, no <hanging head in shame> I didn't RTFA. Carry on. |
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#8
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#9
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#10
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dances--They don't necessarily state all the individual ways this works in all jurisdictions, but there's a basic understanding that I've seen pretty much every where I go that drivers are responsible not to do stupidly dangerous stuff while they're behind the wheel.
Getting a bunch of tickets is supposed to get the message across that they're blowing it. Having the device installed in their car is supposed to get the message across that they're really blowing it. This device makes it more difficult for them to control their car. If they can't drive it in the dark, or in the rain, or on a narrow road, I'm okay with that. I wear glasses. I'm not supposed to drive without them. If my glasses get so dirty for some bizarre reason (soda explosion, for example) that I can't see clearly, I have the option of taking them off and trying to get them clean while still driving, or pulling over before trying to clean them. Being a sober driver, this is not a hard decision for me to make. |
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#11
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I know there's going to be a huge legal fracas around this, but the program seems like an incontrovertable success. If you're enough of a menace that you actually have one of these devices court ordered onto your vehicle, then perhaps the testees should stop complaining, and simply pull over and park to do the test. After all, the state didn't put you there, you driving drunk put yourself there.
Now, as far as the 79 year old lady with shortness of breath, I gotta wonder how sane it is that she's driving in the first place, much less on a DUI. |
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#12
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As I understood the article, this device isn't being inflicted on everyone; just those with a history of drunk driving. Speaking as a person who a) has had a DUI (to my deep and lasting shame) and b) believes that DUI should be treated as attempted murder unless it can be demonstrated that the situation was literally life and death, I don't think this is too much of an imposition.
DUI is, to my mind, one of the few crimes for which harsh deterrents would actually work, because it almost never arises that someone needs to drink and drive, and because so many people who are not otherwise habitual criminals engage in it. If you knew, for example, that if you were caught, you would get six months in jail, no appeals, no ifs ands or buts about it (except for the very rare life-and-death situation, which could be proven), I think you would think VERY seriously about driving while drunk, or putting yourself into a situation where you'd be inclined to do so. I have no problems with seriously inconveniencing or even minorly endangering an habitual DUI. After all, s/he has endangered the rest of us a great deal more! |
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#13
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Tried to post this before, but the server went on its' union-mandated break...
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#14
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More unintended consequences as a result of bumbling Politburo planning. I say it is time to eliminate so-called public property, and let people either enjoy or suffer the consequences of their own decisions.
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#15
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Are you saying that laws against drunk driving are misguided? Are you suggesting that in Libertopia there would be no laws against drunk driving?
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#16
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#17
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I have some safety concerns with the way the things currently work. In a suburban or rural area having to pull over to operate the thing might be only a minor hassle, but in heavier traffic pulling over immediately isn't always an option. The mechanism for the ignition lock is a little tricky to use to make sure people don't try to cheat it. The user first has to sharply inhale, then exhale somewhat forcefully for several seconds, all into a little straw near the steering wheel. Having to take your eyes off the road, fiddle with something down by the steering wheel, and do a little breath trick on a moment's notice to keep your car in operation could potentially endanger the driver and those around him. I understand that at least one person has been killed attempting to use the device in heavy traffic.
The benefits probably outwiegh the risks, but that's only a consideration if the risks cannot be eliminated. Maybe a grace period might lessen the risk, say, the vehicle will shut off within a few minutes if the driver doesn't blow. |
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#18
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But WTF? Are you seriously suggesting that some drunk behind the wheel of a car is not a danger to my child and me when we're using the same road? In rush hour traffic, were I have literally no shoulder, no room to evade (and furthermore shouldn't have to?) Sorry, but our roads are public property. If Joe Lush wants to get wasted and drive around his own property where it's clearly marked that other cars are not allowed to drive, then I totally agree with you. Let him kill himself. But if he's on MY roads - nuh-uh, sorry! |
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#19
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Folks, let me restate my perspective. I do not condone or support operating under the influence. Whether or not repeat offendors should retain operating privileges or not isn't germane to my OP.
I'm questioning whether or not the corrective measure outweighs it's own intrinsic risk. I don't know how these devices function, e.g. how frequently they require a clean sample, and how long after a sample is not supplied/failed sample is supplied, that they go into lockout mode, and the result of same. Pulling a car off the road isn't always as easy as it sounds, and this is one of the hypothetical situations in my head. Where I live, 'off the road' is at most 2 feet, unless you want to be towed out. As such, I can't clear a lane, and by partially blocking a lane, I impose a hazard on drivers from either direction. Could the system cut off ignition while in the middle of a left turn across traffic? Don't know. Hopefully someone with knowledge of the device perameters will post. |
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#20
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I can't find anything that says how long you have to take the test once you're asked to. I'm a lot more at ease with the idea of a rolling retest than I was, but I think it wouldn't hurt to make it easier to take. |
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#21
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Seems simple enough to me. If they think it's not safe having to blow into these things, they can just forfeit their licenses altogether. Don't like it? Should have thought of that before you got that 4th DUI. Problem solved.
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#22
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Yes, let's blame the lawyers and the drunk drivers, rather than discuss the merits of whether or not the interlock device is flawed even if well intentioned.
Seems to me that there ought to be a better failure mechanism than having the car shutdown, such off the top of my head an on-star type thing sending a signal to the police or to 911. |
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#23
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Interlocks can be designed to work in both directions. It should be a trivial matter to design the periodic retest so that it will not operate unless the vehicle is in "Park" (or some manual-transmission equivalent, such as "neutral," with the emergency brake set).
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#24
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#25
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Why use the interlock devices? Why not just bar these irresposible, dangerous folks from driving?
BTW, I think the rationale behind having to blow in it every so often is that drunks often drink while they are driving. At least, I did. |
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#26
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Since the Dope is about fighting ignorance, I did some research on these devices. I was surprised to learn how many companies make them! The second thought was-holy crap-that means there is a helluva market for these things!
Apparently the Government has been working on this since the 1980's-the National Highway Transportation Safety Association has a standard for what these devices should be capable of, and they have an official Guvmint acronym (of course): BAIID. Blood Alcohol Ignition Interlock Device. Depending upon where you live, the devices are set up to restrict and monitor your operating activity. A number of states have accepted these products, and of course, no two have the same piece of legislation-too damned simple. They all seem to have these features:
The devices themselves are about the size of a cellphone, so although annoying to have to use while driving, I'm happy that they don't just shut the car off. If you fail a rolling retest, the horn sounds, and once you shut the car off, it locks out for a predetermined period of time. They also require humming, along with suck and blow (no-I'm not going there) on the sample tube to preclude bogus samples. Users must return to an authorized service facility for regular recalibration and download of the stored data, which is when they find out if you've been trying to beat the device. |
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#27
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DL revocation unfortunatly does not keep repeat offenders off the road. There plenty of auto accidents (no I don't have specific numbers) here where the accident causer was drunk and was driving under a suspended/revoked license. It would be nice if the drunks would stay off the road and their place in car should be only in a passenger seat! I am agreeing with you, it would be nice for people not to have to fear the drunk driver. I worry about it alot here because this is Las Vegas and booze is available 24/7/365. I don't think little breathalizer systems in cars that require testing while in motion are going to keep people from driving drunk or drinking and driving. I think they are more of a distraction that a deterrant. I think there just needs to be stricter enforcement of laws already in place rather than "gimmicky techno gadget" style enforcement. |
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#28
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I was born, raised, "from" the E. coast. The laws are DIFFERENT there. I moved to California. ONE "malt" and you are LEGALLY drunk!!! Before I got a STEP further let me get it out now: DO NOT DRINK AND DRIVE!!!!!!!!!!!!!!!!!!!!!!!!!!! But... what is legally "drunk"? Everyone's body is different. I passed the field. I failed the breath/AND/needle-to-the-arm Blood test by THEIR state standards. i didn't know... moving on.. took it like "a man".,... but my hired PAYED FOR lawyer is a cali idiot so I got "screwed" and allacuted to a few things I didn't understand, one of which the breathalizer interlock device. Let me tell you about this thing.... cologne sets it off. MOUTHWASH sets it off. It's the NEW scarlet letter! Facts: FIRST TIME offender- if it had been in MY state, I would not have been "drunk". MOVING ON: It's a MONEY MAKING factory set up by MADD and it's affiliates. The road to hell, right? LASTLY: this thing is VERY DANGEROUS to drive with and HERE's why in three simple reasons: 1) The device "aborts" often if you don't blow HARD AND LONG- we're talking a MIN. of 6-7 seconds and UP TO 10 seconds of HARD breath. I smoke cigs. OK, let's ASSUME that's my fault, too, moving ON: 2) The aborts are not fails or passes; they are just aborts; it takes time to reset; you have to do it WHEN THE CAR STARTS, then randomly in 5-10 minutes, then randomly in 20-40 minute increments from there on in. If you take medication like I do (LEGALLY prescribed), it can cause a fail. OK so I take meds, IT's ALL MY FAULT!!! here's my final reason why this damn thing is a death trap: REASON #3 and my PROOF: it is NOT hands free! The beeps are not very loud so you really can't listen to radio and the glare (any Cali rez. knows this) ... it's SUNNY- the L.E.D's do NOT show up if there's a HINT of sun out there, so you either have to "cup" the device to see if the light is on, or you have to "listen" for the beep, which means usually holding it as I drive. There is NOTHING hands=-free about the "rolling retests" because, ok, perfect example, HEAVY but moving traffic on the cali-overloaded-highways, and idiots swerving in and out, and bikers riding between the lanes (legal in this state), you're trying to do ALL This SH&+ *AND* pull over 3-to-SEVEN lanes within the "random" 2-3 1/2 minutes it GIVES you to "blow" before your horns and lights go crazy??!?! So you do it in stop-and-go traffic because you CANNOT get "over" in the specified time, so you do it there, all the while trying to read a "LED" light and/or LISTEN for a sound, all the time. Yeah, it's a deterrent in that I'm afraid to drive my car!!!! and how about this "jerry's final thought":? What would YOU DO if a car started going crazy, (in heavy 7 lane + carpool lane traffic)- in other words, you're driving along, all happy and cozy, and this car, in GRID LOCK starts honking crazy, and every light on the d@mn car blinking this way and that.... wouldn't you be the LEAST bit curious?!? So.. yeah, you're either blowing for 6-10 seconds and HOPING the dude/dude-ette in front of you doesn't brake slam OR you're the "lookie-loo" that SEES the idiot (*me*) with horns and sirens and lights a blazin' cuz' I couldn't "legally" get over 6 1/5 to 7 lanes in THICK cali traffic within a few minutes?!? Come on, see it for what it is.. .a hundred bux a month to the companies (you can only use certain ones, remember that!!! LOL!!! and a hundred bux a month to uncle s(l)am. so there it is. I am, in dragon-slayer sense, DONE with this particular topic- to the hilt. The proof? : ![]() -○ƒin○- |
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#29
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Do you have an inability to read and understand dates?
The dates on all previous posts are quite clearly listed as 2004. If that's the level of your investigative ability and attention to detail, i'm not sure how convincing the rest of your argument is likely to be. |
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#30
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Wow, that one Liberal post was like a speedbump, since I hadn't immediately noticed the dates.
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#32
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#33
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I'm sorry. I pulled a "n00b" and didn't read the whole thread before I responded. My bad. My WORDS may explain, but this man's various list (in California it's six companies, and only THREE service my area, and only TWO would take me- remember- NO FELON HERE! First time offender.)Either way, if the "corporation list" that was sum-mated above does not prove some manner of distrust between "corporate socialism" and "government-based capitalistic symbiosis" then I do not know what does. PEACE! |
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#35
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The problem with zombies. I bet a lot of people are scratching their heads, going "who is This Year's Model?"
And I think the majority of US states classify 0.08% as arrestable. Some may get you anyway if you're >0% and less than 0.08% because you're "impaired." Some mouthwash has alcohol in it. When using a "real" breathalyzer, you are supposed to not have had a drink in 30 minutes or so, or the numbers will be inaccurately high. Mints supposedly, too. And stop drinking, or have a drink, whichever will reduce the usage of so many capitals. |
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#36
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If they're SOOO unsafe, we could take the interlocks off the market and just revoke drivers' licenses for 12 months after a DUI conviction. Sounds like a win-win to me.
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#37
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I wasn't able to find a link, but I remember reading years ago about a man who took his five year old along when he went to the bar so she could blow into the interlock when they came home. She was killed when he ran into another car. (He survived.) This wasn't an urban legend, because the article was about his conviction.
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#38
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Silly girl.I've long wished people could be chipped. Put a reader in the car that positively identifies the driver (heck, the occupants too), info is sent to The Government who decides whether the person is eligible to drive that class of vehicle, the car is told whether or not to allow the driver to start & drive away. DUI offenders no longer have to worry about blowing to drive, and The Government no longer has to worry about blowers borrowing someone else's car--their right, and ability, to drive has been suspended. But the paranoid 1984 types will always be a barrier to such simple and effective safety measures. Chickenshits. |
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#39
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#40
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Last edited by Joey P; 04-12-2012 at 10:04 AM. |
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#41
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Virginia is about to require first time DUIs to get the device
http://www.washingtonpost.com/local/...d4S_story.html |
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#43
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My point is that the device is a privilege that allows DUIers to drive when otherwise they wouldn't be allowed on the road at ALL. If it didn't exist, the alternative would be license suspension or revocation for the duration. By your argument, what's stopping someone with a DUI conviction from buying a new car and driving it? Or borrowing their husband's or kid's or friend's car? Or stealing a car? It's not possible to put an interlock on every vehicle a DUIer might one day have access to.
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#44
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I miss the guy. |
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#45
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Ah yes, because people who deliberately drive drunk can be trusted to always behave responsibly.
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#46
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So we equip all cars with card readers like the ones they use at stores and restaurants. You swipe your DL to start the car. Suspended license? No driving for you! Your friend swipes theirs so you can drive? They just documented themselves as an accomplice.
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#47
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That said, it's still not a perfect system. But there are safeguards to make sure it doesn't happen often. Last edited by MsRobyn; 04-13-2012 at 06:57 AM. |
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#48
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Off topic. This thread smarts. I still miss Paul.
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#49
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Oh I like this but even better, instead of a swipe you need to insert it and leave it there while you're driving. No swiping someone through and heading off in different directions.
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#50
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Despite the hysterical tone of his post, greenfox79 actually has a point IMO. Everything I've heard about these devices is that they are unreliable at best and unsafe at worst. They are also huge cash cows for states and a small number of hand-picked businesses, which pings my cynicism meter regarding the real reasons behind their implementation.
Though I certainly don't think DUI offenders should get off scot-free, I do believe in second chances. And having to go through some inconveniences to earn a second chance is OK. But taking financial advantage of folks who've made a mistake is not OK. The whole setup just kind of rubs me the wrong way for some reason. Last edited by Wheelz; 04-13-2012 at 09:29 AM. |
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