State Spotlight: Interlock and DUI Laws in the State of Iowa

DUI Laws State of IowaIn 2011, 11,889 individuals were arrested for violating DUI Laws in the State of Iowa, and there were 82 fatal alcohol-impaired crashes. That’s 2.7 preventable, driving under the influence-related fatalities for every 100,000 people.

Over the past decade, the number of DUI fatalities has dropped by 31.7%, and it’s due to lawmakers enforcing strict DUI Laws in the State of Iowa. As one of the many states with implied consent laws in effect, individuals suspected of driving under the influence in Iowa must agree to have a blood alcohol, breath, or urine test performed to determine the amount of alcohol or drugs in their system. If the person refuses, the officer may deem them as operating under the influence, and they could lose their license immediately for up to 2 years.

The use of ignition interlocks has also played a big part in the drop of Iowa DUI crashes. First offenders in Iowa who have a blood alcohol level of .10 and over or were involved in a DUI crash are required to install an ignition interlock device as a condition for receiving a temporary driver’s license. If it was a second offense, the individual may apply for a temporary license after 45 days, but they must install an ignition interlock and keep it for one year.  In addition, any individual convicted of a 3rd offense or who was involved in any level of offense that caused personal injury may re-apply for a temporary license after one year but they must install ignition interlocks on all vehicles to which they have access.

For more information on DUI laws in Iowa, visit http://www.lifesafer.com/iowa/.

Nova Scotia Increases Penalties for Drinking and Driving

Nova Scotia DUI Laws May 1st signals a new beginning in Nova Scotia as lawmakers introduce even stiffer consequences for drinking and driving. The Province already ranks among the strictest in Canada when it comes to DUI offenses, and now the safety of children is at the forefront of lawmaker’s minds.

First time offenders in Nova Scotia currently have to pay a fine ranging from $600 to $2000, face the removal of the privilege to drive for one year from date of conviction, complete an Addiction assessment program, and may be required to participate in an Ignition Interlock program at their own personal expense.

As of May 1st, if an offender is convicted of impaired driving with a child in their vehicle, they may lose their license for at least two years and must participate in an Ignition Interlock program for at least one year. Maurice Smith, The Minister of Transportation and Infrastructure Renewal in Nova Scotia, feels this is a positive step in the right direction as “Impaired driving remains one of the leading causes of death and serious injuries in motor vehicle crashes in the province.”

25th Anniversary of One of the Worst Drunk Driving Accidents in the USA

25th anniversary Kentucky bus crashMay 14th, 1988 will go down in history as the first time many people in the USA really took a good, long look at the consequences of drunk driving accidents. As a bus load of children and a few adults cruised down Highway 1-71 in Radcliff, Kentucky after a fun day at a local amusement park, a drunk driver in a pickup truck was driving on the wrong side of the road and heading straight for them. The impact of the crash caused the front door to jam, and as the occupants were rushing to the back door of the bus to get out, it burst into flames.

Before the fire was put out, 24 children and 3 adults would be dead. Some of the survivors were badly burned, with 3rd degree burns covering their bodies and a future that promised a long and painful road to recovery. The driver, Larry Mahoney, had already been arrested for DUI once before, and when tested after the accident had a blood alcohol level of .24 – twice the then Kentucky legal limit of .10.

25 years later, the memory of the accident is still vivid in many minds and has been credited as the motivation for many significant changes in drinking and driving laws and education. Many of the mother’s who had children killed in the accident went on to become important figures in the organization Mothers Against Drunk Driving (MADD). As well, in 1991 Kentucky tightened up their DUI laws and also require all school buses to have 9 emergency exits as well as run on diesel fuel with a cage around the gas tank.

 

 

New Jersey Tightens Ignition Interlock Bill

New Jersey tightens up ignition interlock billLoopholes are tightening and restrictions are ready to come down on first time DUI offenders in New Jersey. Legislation was reintroduced earlier this year to improve and expand upon New Jersey’s driving under the influence laws by requiring ignition interlock installation mandatory for any and all drivers who receive a drunk driving conviction or who disobey the law by refusing a breathalyzer test.

The newest version of the ignition interlock bill was designed with the idea that many drunk drivers will continue to drink and drive even after receiving a suspended license.  To stop this from happening, the individual would be required to install an ignition interlock in their vehicle as well as receive a restricted driver’s license. Prior to the most recent amendments to the bill, there were also loopholes that would allow the convicted individual to avoid installing an IID by simply transferring ownership of the vehicle to another person. These loopholes are now closing, as the restricted license received by DUI drivers would state that they are only allowed to drive a vehicle with an IID installed.

Current New Jersey law states that ignition interlocks are required for repeat offenders who have more than one DUI conviction as well as drivers who had a 0.15% blood alcohol level when tested. As well, the individual’s driver’s license is suspended from 2 years to 10 years in order to restrict that person from getting behind the wheel. First time offenders are only subject to a 3 month to 1 year driver’s license suspension and only need to install an ignition interlock if a judge deems it necessary.

North Dakota’s DUI Laws Undergo Strict Revision

Lifesafer-Ignition-Interlock-North-DakotaBig changes are happening in North Dakota this week as a bill set to improve the state’s DUI laws has passed the House and Senate and is now heading to the Governor’s office. The new bill improves upon the current North Dakota DUI laws and ensures that those who are caught drinking and driving will be forced to face more severe consequences than ever before.

Under the current law, if you’re caught drinking and driving you’ll be fined $250. With the new and improved bill, those who drive under the influence need to pay up to the tune of $500. If the person has a blood alcohol level over 0.16, they’ll be fined up to $750 and may spend 2 days in jail.

When you take it one step further and receive a second DUI charge, you’ll be fined $1500 and are expected to maintain a full year of sober living by being tested daily by the Police or wearing an alcohol monitoring device. As further evidence of how harsh a penalty you’ll receive if you drink and drive in North Dakota, a fourth DUI conviction will see you charged with a Class C felony and you can expect to spend some time in the state penitentiary.

Maine Cracks Down on Repeat Drunk Drivers with New Bill

Lifesafer-Ignition-Interlock-MaineThere’s a new Maine DUI bill coming down the pike that could allow drinking drivers with 3 or more convictions to receive a quicker reinstatement of their driver’s license. All they’ll have to do is install an ignition interlock device in their car and prove sobriety before they drive.

The bill proposes that these repeat offenders will receive their driver’s license back earlier than mandated four years if they install the IID and comply with the conditions of use. Not only would this allow drinking drivers to get back on the road more quickly than before, it could play a significant role in their rehabilitation by allowing them to make a fresh start.

Such a law won’t come a moment too soon in Maine. Research by MADD shows that there were 21,000 individuals who were 3 time DUI offenders in the state, and approximately 4,000 offenders who were convicted 5 times. If passed, Maine will be joining 17 other states that have passed similar laws.

MADD Pushes for Ignition Interlock Devices for First Time DUI Offenders

Ignition Interlock Device for First Time OffendersIt’s tragic to consider that 9,878 people died in DUI related crashes in 2011, but it becomes even more tragic when you realize those accidents could have been prevented with an ignition interlock device. Even if the driver only has one conviction and is a first time offender, a suspended driver’s license is simply not enough to stop someone determined to drive under the influence.

On any given day, you could drive by someone on the road that has had 3 or more DUI convictions, and yet they continue to get easily behind the wheel. That’s why MADD is pushing for every State to require IIDs to be installed in first time offender’s vehicles, preventing them from driving unless they blow into the device.

Some of the States that currently require ignition interlock devices for first time offenders convicted for blowing 0.8 are Alaska, Hawaii, Missouri, New York, Oregon, and Utah. Find out the ignition interlock laws for your state. If you feel that they are not keeping first time offenders from continuing to drink and drive, contact your State legislators.

Mississippi DUI Bill Could Stop Drunk Drivers Before They Turn the Key

Mississippi DUI BillMississippi Legislature has sent a bill to conference that has the potential to alter the future of drunk driving in the State of Mississippi. The bill, HB 481, would require people convicted of driving under the influence to install an ignition interlock device in their vehicle and keep it installed for a minimum of six months in order to receive a driver’s license. Although the bill has been filed 3 times previously, the legislation passed the House this time with 108 voting yes and only 8 voting no.

The ignition interlock device would be installed to driver’s ignition, requiring them to blow into the IID before they could start the vehicle. If they blew over the legal limit, the car simply would not start. If the driver of the car is going to be behind the wheel for long periods of time, the IID can be set so the driver has to re-blow during his or her time behind the wheel.

Not only would the legislation work to keep drinking driver’s off the road, but it can help those convicted by letting them regain their driver’s license sooner than the normal 90 day suspension. By resuming their daily lives, they can also continue working and paying taxes. Although this type of legislature has passed in 17 other states and there have been positive results, time will tell if it passes in Mississippi. If you are a Mississippi resident and want HB 481 to pass, you can visit the Mississippi chapter of MADD and send out a message of support to your Governor and Senators.

Jail Overcrowding May Be Due To Chronic DUI Re-offenders

Jail Overcrowding DUIJail overcrowding is a serious issue in this country. Part of it is due to chronic re-offenders taking up space several times per year, only to be granted early release due to cramped conditions inside the jails. Once released, they tend to commit the same offenses, like drinking and driving, over and over again.

Instead of constantly putting those who commit crimes like driving under the influence back in jail, officials across the USA are looking for ways to keep them out of jail altogether. That’s where ignition interlock devices come into play. Placing IIDs in vehicles of individuals convicted of drunk driving can prevent them from re-committing the same crime over and over again.

There are other benefits to placing a car breathalyzer device in the vehicle of someone convicted of DUI. Rather than taking up space and costing taxpayers money by sitting in jail, offenders can stay on the road to being productive members of society by continuing to go to work, supporting their families and paying taxes. As well, those who stay out of jail have more access to community programs and assistance in overcoming what led them to drink and drive in the first place.

Not only do ignition interlock devices work to keep roads safe, they can help avoid the hefty cost of jail overcrowding by keeping offenders out of jail in the first place.

Do You Have the Right to Remain Silent When Stopped for DUI?

miranda rightsWhether you’re a follower of popular police and justice TV shows and movies or you are just interested in criminal justice, odds are you can probably recite the Miranda warning word for word – Or, at the very least, the “You have the right to remain silent” line. So if you find yourself pulled over on suspicion of DUI, you’d probably expect to be read the Miranda immediately upon being stopped, right?

Unfortunately, in this case, you’d be wrong. Because Miranda rights serve to inform you of your right to refuse to answer questions when the Officer asks, the law doesn’t require them to be read to you unless you meet the following conditions:

  • You are actually placed under arrest by the Officer.
  • The Officer is interrogating you, not just asking simple questions.

If you are pulled over on suspicion of driving under the influence and you haven’t been officially arrested or interrogated, anything you say to the Officer can be documented in the police report and used against you in a court of law.

The best course of action for anyone who’s had a few drinks and needs transportation? Use common sense and avoid getting behind the wheel in the first place.