2010: The Year of the Ignition Interlock Device

MAduiblog.com - Numerous states are considering or have enacted tough DUI laws requiring all those convicted of DUI to use the ignition interlock device.

In California, for example, AB 91, the New "Ignition Interlock Device" Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties. For DUI first offenses not involving personal injury, this device must be used for 5 months. In DUI cases involving injuries, the device must be used for a full year.

On Dec. 21, 2009, United States Senator Frank Lautenberg (D-NJ) introduced S. 2920 (Drunk Driving Repeat Offender Prevention Act of 2009), to require all states to pass laws requiring mandatory use of ignition interlock devices for anyone convicted of DUI, whether a first or repeat offense. Using a familiar “carrot and stick approach,” the bill would penalize states which do not enact the mandatory ignition interlock law by reducing their federal highway funding. The bill was just referred to the Senate Environment and Public Works Committee.

Here in Massachusetts, this federal proposed legislation would likely be used as support for Massachusetts Senate Bill 1925, which would require all Mass. DUI first offenders to use the ignition interlock device. The Massachusetts interlock law currently requires all second and subsequent Mass. OUI offenders to use the device.

Wisconsin’s new Ignition Interlock Device Law requires all repeat drunk driving offenders and first-time DUI offenders who registered a breathalyzer reading of.15 percent or greater to use the ignition interlock devices. The new Wisconsin law provides for fines of up to $600 and jail time of up to six months for those who “fail” interlock breath tests or tamper with the device.


Beginning in August of 2010, a bill entitled Leandra’s Law will require all those convicted of any DUI in New York, whether felony or misdemeanor, to have ignition interlock devices installed in their vehicles. The ignition interlock devices to be used in New York will prevent a DUI offender from starting his or her vehicle if the devices registers a blood alcohol level in excess of.045. This is more than double the limit in Massachusetts, which is .020. The New York interlock devices will require rolling re-tests and they are supposedly capable of sending a photograph of the driver and the driver’s local authorities, in the event of a rolling re-test violation. Leandra’s Law also will result in mandatory reports being filed with the Center of Child Abuse and Maltreatment against those who have been convicted of DUI with a child in the vehicle.


In Massachusetts, the mandatory ignition interlock device requirement for DUI first offenders may encourage drivers to take their first offense OUI cases to trial, instead of pleading out. Those who are found not guilty of OUI would, of course, be able to avoid the expense, inconvenience, and risk of false positive alcohol readings which is associated with the controversial devices.