Restaurant Group Should Withdraw Objection to Ignition Interlock Devices for All Drunk Driving Offenders

Posted on February 9, 2012

Topics: Automobile Accidents


We are sorry to hear that a restaurant lobbying group wants to weaken a federal bill that would help states install ignition interlock devices in the vehicles of convicted drunk drivers.

A provision of the House transportation bill offers states $25 million a year if they require the installation of breath-test devices in the vehicles of anyone convicted of a DUI or DWI. Such “ignition interlock” devices require drivers to blow into a tube to measure their blood-alcohol content and render the vehicle impossible to drive if the user registers a BAC above the legal limit.

Instead of supporting this worthy legislation, the American Beverage Institute, which is described as an association that represents more than 8,000 U.S. restaurants, says it should be applied only to those who were convicted with a 0.15 BAC or higher.

Mandatory installation for all drunk driving convictions takes discretion away from judges, the lobbying group says.

Driving with a 0.08 BAC is enough to earn a drunk driving conviction in New Jersey and in many other states.

New Jersey requires installation of an ignition interlock device while a driver’s license is suspended after a first-time DUI conviction based on a 0.15 BAC or greater, and for six months to a year after driving privileges are restored. Currently, a New Jersey judge has the discretion to order an ignition interlock device installed in the car owned by a first-time DUI offender who had a lower BAC rating.

Additional DUI convictions bring mandatory installation of interlock device during license suspension and for one to three years following restoration of driving privileges, regardless of BAC.

Steven Benvenisti, a partner at the Law Firm of Davis, Saperstein & Salomon, PC. , is among those of us who supports mandatory installation of an ignition interlock device for first-time DUI offenders, regardless of their blood-alcohol content.

Steven’s law practice is devoted to all personal injury cases. Many of his clients are victims of car wrecks involving DUI offenders. He has testified in Trenton in support of such a bill mandating installation of an ignition interlock device.

When Steven was in college, he was walking one night when he was struck by a drunk driver.  He sustained catastrophic injuries, was hospitalized for more than 6 months, and underwent 15 surgeries. To all of the doctors’ surprise, he had a full and complete recovery from all of his injuries. His full story can be found at www.stopdwinow.org

Steven has told his compelling story to many groups. Thousands have been moved to learn that the college student who was run down by a drunken driver and left with broken legs, brain injury and in a coma is the successful lawyer standing before them.

Steven recovered, but many don’t. Alcohol-impaired drivers were involved in about 1 in 3 crash deaths in 2009, nearly 11,000 deaths in all, according to the U.S. Centers for Disease Control (CDC).

The CDC also says interlocks are effective in reducing re-arrest rates from drinking and driving by about two-thirds while the device is on the vehicle.

Drinking and driving takes lives. Interlock devices save lives. We hope the American Beverage Institute will reconsider its stand.

About Davis, Saperstein & Salomon, P.C.

Davis, Saperstein & Salomon, P.C., has been helping individuals injured in auto accidents caused by drunk drivers since 1981. We have recovered more than $350 million in verdicts and settlements for our clients in a variety of personal injury cases. Each case is unique and results will vary, but we work tirelessly to help you and your family receive justice.

Call our New York or New Jersey office at (800) LAW-2000 or fill out our convenient online contact form for a free case evaluation. We do not charge attorney fees unless we are successful in your case.