Monthly Archives: October 2012

Petition Against Intoxilyzer 8000 Filed in Florida

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A petition was filed with Florida’s Division of Administrative hearings last week challenging the use of the breath-testing machine, the Intoxilyzer 8000, as a reliable device in drunk driving prosecutions.

The petitioners released a statement which accused the Florida Department of Law Enforcement of deliberately hiding information about the number of failed test results produced by the machine. The statement included that the FDLE withheld “information about failures by the Intoxilyzer 8000 during its initial approval testing in 2002.”

The attorneys filing the petition complained that even when the machine was approved in 2002, that it failed a significant amount of tests. They also said that the FDLE got approval for the Intoxilyzer 8000 without notifying the public or state government officials of these test results.

In 2009, a panel of judges in Brevard County ruled that 56 DUI cases would not be thrown out based on an argument that the Intoxilyzer was not approved for use in Florida, the argument was that specific parts were not in compliance with regulations.

The Intoxilyzer 8000 is manufactured by CMI in Kentucky and the source code for the machine has been the issue of litigation across the country.

If an administrative ruling in favor of the attorneys petition transpired, it could mean the FDLE would need to get another approval for the Intoxilyzer 8000, and it may also affect whether past breath-results could be used in pending DUI cases. Judge Stuart Lerner has been assigned to the case but has not yet set a hearing.

Georgia Bill Allows for Greater Driving Privileges with Ignition Interlock Device

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Georgia has been overdue for DUI law reform, and in April the State Senate expanded SB 236, an Act which allows repeat DUI offenders to have more flexibility in their driving privileges.

Georgia suspended the licenses of two-time DUI offenders for 12 months, but the bill has reduced that to a minimum of 4 months. If convicted within a 5-year period, offenders can obtain a limited driving permit if they meet all requirements, including the installation of an ignition interlock device on their vehicle for at least 8 months.

The new law will allow offenders to drive to and from their place of employment, school, or substance abuse treatment facility, and will allow for greater autonomy while completing their probation. The court may exempt the offender from the requirements of the ignition interlock device limited driving permit if the court can determine that the requirements would put undue financial hardship on the offender.

New Alabama Law Will Require Ignition Interlock Devices for DUI Offenders

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A new Alabama law took effect September 1 that will affect people convicted of DUI with a BAC above 0.15%. The ignition interlock device is a machine installed in a vehicle to test the BAC of the driver, and many states have laws that make these devices mandatory after a person has been convicted of a DUI.

Now Alabama will require these devices to be used when a person is convicted of DUI with a BAC of 0.15 or higher, which is nearly double the legal limit of .08%.

Judges are waiting to order the interlock devices until they are given the exact details of how the new law will be administered. Montgomery County District Judge Jimmy Pool said only two companies that install the devices have been approved. As of now, Smart Start is one of the only companies approved by the Alabama Department of Forensic Sciences.

First and second-time offenders would be required to keep the interlock device on their vehicles for two years, a third-time offender would be required to use the device for three years, and a fourth-time offender would need to use the device on their vehicle for five years. The offender would also have restricted driving privileges, and would only be allowed to drive a car that had the interlocking device installed.

The Legislature will decide which offenders will be required to use the devices, and the Alabama Department of Forensic Sciences is responsible for the rules and authorization of which companies can sell the devices. The Department of Public Safety oversees the training of people in the program.

Rep. Mike Hill of Columbiana, who sponsored the bill, said state officials are setting all the rules in place before fully implementing the program.

East Baton Rouge Parish Delays Vote On Blue Laws

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The East Baton Rouge Parish Metro Council has deferred action for two weeks on voting for a proposal that would amend the city’s blue laws which restricts alcohol sales on Sundays.

The current law prohibits retail outlets to sell alcohol on Sundays before 11a.m. and bars from opening at all. During the discussion, Councilwoman Alison Gary proposed to amend the bill so that retail could open at 6a.m. on Sundays, but bars would have to wait until 11a.m. to serve alcohol just like restaurants. The original bill proposed that bars operate as they do every other day of the week, which is open at 7a.m. Councilwoman Gary pointed out the contradiction that restaurants who derive 50% of their revenue from food can serve alcohol on Sundays.

The council will vote on the amended bill in two weeks. The council will also vote at that time on whether or not bars will be allowed to stay open until 4a.m. on Thursdays, Fridays, and Saturdays.

Police Chief Dewayne White expressed concern over the bill and its possible connection to new crime. He said, “East Baton Rouge Parish leads the state in the number of DWI arrests each year.”

Bernalillo County Toughens DWI Penalties

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Bernalillo County in Arizona passed the Vehicle Seizure and Forfeiture Ordinance, an ordinance that is very similar to a law in the city of Albuquerque. Commissioner Wayne Johnson said the ordinance will seize the vehicles of repeat DWI offenders. Johnson said that if you have one DWI conviction and are arrested for another DWI, then your vehicle can be seized. Johnson said that counties surrounding Albuquerque have become a safe haven for drunk driving offenders, who have learned the laws and began using county instead of city roads. He repeated a story he heard from the city’s hearing examiner about a “gentleman who blew through a stop sign and went down the street and would not pull over until he got outside the city limit.” As the current law stands, a repeat offender who crosses over the river and pulls over when they are in the county would be allowed to keep their car. The new program is projected to cost the county $2 million and the Commissioner says the county is reportedly having discussions with the city about how to work together to save money. The number of cars brought to the city’s seizure lot is expected to increase and the vehicles which get auctioned off will help pay for the program. The new law is set to go into effect October 26, 2012.

North Dakota Bill May Toughen State DUI Laws

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Ed Gruchalla is a member of the North Dakota House of Representatives whose bipartisan suppport of a new bill to change the state’s drunk driving laws is said to be a game-changer. A member of the North Dakota Democratic-NPL Party, Gruchalla says that he has guidelines in place for the bill which would make substantial changes and tougher penalties for convicted drunk drivers.

The new bill would require first-time offenders to spend 30 days in jail, and require a $5,000 fine to be paid. For a third offense in ten years, the fine increases to $100,000 and five years in prison.

Gruchalla said the current laws are not working for North Dakota. He said, “I think if we’re going to make any progress, we’re going to have to focus on being tougher on offenders, and make them sit back and say, I’m not going to do that, because the penalties are just too severe.”

The bill would give offenders a chance to use an ignition interlock system on their vehicle in lieu of a full jail sentence. The bill has not been finalized as the lawmakers are still receiving input from other lawmakers about all the provisions they believe it should include.

There were 6,600 arrests last year for DUI in North Dakota, and an astounding 1,871 of those were repeat offenders.

NJ Receives Millions in Federal Grants to Prevent DUI

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New Jersey will receive millions in federal grants to combat drunken driving and increase safety on the roads.

Nearly $5 million in funding is being awarded from four U.S. Department of Transportation grants.

The funds are being distributed through the New Jersey Division of Highway Traffic Safety, and the allocation of the funds includes:

  • $2,960,000 for drunk driving efforts;
  • $1,260,349 for highway safety programs, including reducing drunk driving and distracted driving, increasing seat belt use and improving pedestrian safety;
  • $486,751 to improve traffic flow monitoring systems;
  • $266,580 to enforce child seat belt laws

Senator Lautenberg, a member of the Transportation Appropriations Subcommittee, which funds the Department of Transportation, has said, “Traffic deaths on our highways are a tragedy and we will continue to fight for funding that will keep New Jerseyans safe.”

Hunterdon County was the recipient of a four-year, $200,000 grant provided by the Sober Truth on Preventing Underage Drinking Act. The grant money is hoped to change the environmental influences which can lead to teenage drinking.

Reinstating Drivers License More Difficult for Repeat DWI Offenders in New York

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New York officials proposed new regulations that will prevent chronic drunk driving offenders from re-licensing. The Department of Motor Vehicles will review the lifetime records of drivers who are seeking reinstatement of their license after a conviction. They will deny anyone who has five or more alcohol or drug related driving convictions or incidents on their record. The new regulations also define dangerous repeat alcohol or drug offenders as one who has three or four alcohol or drug related driving convictions or incidents in the previous 25 years in addition to one other serious driving offense. A serious driving offense includes a fatal crash, a driving-related penal law conviction, an accumulation of 20 or more points on the driving record in the past 25 years, or having two or more driving convictions worth five points or higher. If these factors are met, then any application will be denied for reinstatement.
If a driver has three or four alcohol or drug related convictions and they do not have a serious conviction on their record in the last 25 years, then the DMV will deny their application for license reinstatement for five years.
DMV Commissioner Barbara Fiala said, “Each year, more than 300 people are killed and more than 6,000 injured on New York highways as a direct result of alcohol-related crashes. More than 25 percent of those crashes involved a driver who had three or more drunk driving convictions.” In New York, drivers whose licenses had been suspended for drunk driving could reinstate their driving privileges only 6 months to 1 year after completing a 7 month education program. New York’s law allowed even multiple alcohol or drug related driving offenders to keep their licenses after a period of revocation. The new regulations will no longer allow this. The advocacy group Mothers Against Drunk Driving have commented on the Cuomo administration’s crack down on repeat offenders, saying that they believe the administration has not gone far enough to toughen laws for first and second time offenders. New York’s new driver’s license regulations will require:
  • The DMV to review the lifetime record of all drivers who are applying to have their license reinstated after revocation.
  • The DMV to deny applications for reinstatement of a license after revocation if the driver has five or more alcohol or drug related driving convictions in their lifetime, or if they have 3 or more alcohol or drug related driving convictions in the past 25 years in addition to another serious driving offense during the last 25 years. Serious driving offenses include causing a fatal crash, driving-related penal law convictions, or accruing 20 or more points for driving violations within the last 25 years.
  • Those whose licenses have been revoked due to an alcohol-related offense will be required to use an interlock device on their vehicle for five years.

Harsher Penalties for DUI in New Jersey

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New legislation was sponsored by Charles Mainor, the Assembly Law and Public Safety Chairman, to increase penalties for drunk driving with a minor in the motor vehicle. Mainor (D-Hudson) said, “Driving drunk is irresponsible in any circumstance, but it’s even more offensive to do so with a child in the vehicle.”A parent or guardian convicted of drunk driving with a minor in the vehicle would be charged with a disorderly persons offense under current law. “A disorderly persons offense is not enough for driving drunk with a minor. We need to send a much stronger message that we find such dangerous behavior completely unacceptable,” Mainor said.A disorderly persons offense can be punished with 6 months imprisonment and a fine up to $1,000.Most states have statutes which enhance penalties for drunk driving with a minor in the vehicle, these statutes are usually known as DUI Child Endangerment. States without these enhanced penalties include Alaska, Connecticut, Indiana, Missouri, New Mexico, Pennsylvania, South Dakota, and Vermont. In four states, New York, Arizona, Oklahoma, and Texas, it is a felony to drive drunk with a child passenger in a vehicle. New Jersey’s bill A-1015 is currently in its second reading. A person convicted of drunk driving with a minor would still be guilty of a disorderly persons offense but they would be guilty of a crime under the fourth degree if the minor suffered bodily injury. Fourth degree crimes are punishable by up to 18 months imprisonment and/or a fine up to $10,000. If the minor suffered serious bodily injury then the offender would be guilty of a crime in the third degree, which is punishable with up to five years imprisonment and up to $15,000 in fines.

Wyoming May Adopt 24/7 Sobriety Program

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No Alcohol, SobrietyWyoming is considering adopting a sobriety program for repeat drunk-drivers. Those accused of drunk driving could avoid jail time by staying sober. The 24/7 Sobriety Program is being discussed by state officials who are trying to decide if the program is the right fit. Repeat offenders would need to submit to twice-a-day breathalyzer tests while they await trial instead of going to jail.If a test is failed then they would be immediately taken into custody and their bond would be revoked. State Legislators Gov. Matt Mead and Attorney General Greg Phillips along with the Governor’s Council on Impaired Driving have been discussing the 24/7 Sobriety Program as an alternative to jail time.