DENVER - Since 2008, judges in Colorado have had the discretion to order individuals convicted of DUIs to install ignition interlocks on their vehicles as part of the sentencing procedure. If some members of Congress have their way, everyone convicted of a DUI nationwide will be ordered to install one of the devices, including first time offenders and individuals with low blood alcohol content (BAC).
The proposal is part of the American Energy & Infrastructure Jobs Act, a major transportation bill introduced by Rep. John Mica (R-Florida).
The portion of the bill mandating the installation of ignition interlocks on the vehicles of all individuals convicted of a DUI is drawing criticism from the beverage industry.
"We have always argued that in the cases of these low-BAC first-time offenders, a judge should be involved in whether or not it makes sense to actually put an interlock in a person's car," Sarah Longwell, managing director of the American Beverage Institute, said.
Supporters of the bill point to statistics in Colorado as proof of the effectiveness of the ignition interlock devices. In the years since judges in Colorado began ordering the use of the devices, alcohol-related fatalities in the state have fallen.
"In 2008, there were 176 fatalities. In 2009, there were 158 and in 2010 there were 127, a significant decrease," Emily Tompkins, Colorado's executive director for MADD (Mothers Against Drunk Driving), said.
Currently in Colorado, there are approximately 17,000 ignition interlock devices in use.
Colorado ranks second in the nation in terms of the number of devices in use. Texas has the highest number of ignition interlock devices with more than 33,000 devices in use.
If Congress passes this bill, all 50 states would be required to implement the program, something opponents say will hurt states financially.
"What this does is from the federal government it foists the cost onto the local level so that they now bear the burden of figuring out how to ensure that this new mandate is enforced, so that is going to take more parole officers, more probation officers and more officers at the DMV," Longwell said.
The bill Congress is considering would provide states with a $25 million grant as an incentive to implement the program. Currently in Colorado, a portion of the programs cost is paid by the offenders.
"In Colorado, it is up to the offender to pay for the ignition interlock device and it is really about the cost of a beer a day or a drink a day. I contend that if someone has the money to be impaired in the first place, they will likely have enough to be able to install and maintain an interlock device at no burden to the innocent tax payer," Tompkins said.
Opponents of this piece of proposed legislation stress they do not take issue with the use of ignition interlocks on the vehicles of repeat offenders and individuals with a high BAC.
"They should be going after people who are at .15, .16 and .17, that hardcore population that is really out there causing the vast majority of alcohol related fatalities," Longwell said. "Now that isn't to say that low BAC, first time offenders shouldn't be punished. They should be punished, but they shouldn't be punished the same way as one of those hardcore offenders. That's the way our laws are set up. It is called proportional response where the punishment fits the crime."
Supporters of the legislation say the use of the ignition interlocks allows the offender to operate a vehicle in a safe manner while protecting the public.
"I think that anything that helps modify behavior, allows someone to drive to work, pickup the kids from daycare, but do so not impaired and thereby keeping the rest of the public safe is a good tool to use to save lives," Tompkins said.
(KUSA-TV © 2012 Multimedia Holdings Corporation)