New York is set to become the 12th state to require ignition interlock devices for all people convicted of drunk driving, including first timers. Leandra’s Law, also called the Child Passenger Protection Act, goes into effect on August 15th. It will not only mandate the interlocks, but impose even stricter penalties if the DUI offender is transporting children 15 years of age and under in the car. The offense is considered a Class E felony and carries a sentence of one to four years in state prison, up to a $5,000 fine, and the issuance of the ignition interlock device. If any injuries or deaths of a child result, the penalties increase.
The law is named after 11-year-old Leandra Rosado who was killed last October after being thrown from the car driven by an intoxicated driver. Before that incident, a woman driving drunk last summer crashed her minivan and killed eight people, four of which included children.
The interlock device is a breathalyzer that disables a vehicle’s ignition if a certain level of alcohol is detected on a driver’s breath. For the vehicle to be started, the driver must blow into the device. In New York, the blood-alcohol level that will prevent the car from starting is .025 or more. All states have a limit of .08 for it to be considered a crime to drive. According to the Insurance Institute for Highway Safety (IIHS), these devices have proven to work. An Institute-sponsored study has shown a reduction of alcohol traffic violations by 64 percent during the first year in which these devices were required. New Mexico’s interlock law has been attributed to a 30-percent decrease in DWI convictions and 38-percent fewer fatalities between 2002 and 2008.
Currently, Alaska, Arizona, Arkansas, Colorado, Illinois, Louisiana, Nebraska, New Mexico, Oregon, Utah, and Washington mandate interlocks for all offenders. Hawaii will join the list when its law goes into effect in January. California has similar restrictions in just four counties. Nine states require interlocks only for convicted offenders who had high blood alcohol content (typically .15 percent or higher) and to repeat offenders. Six states use the device only for repeat offenders. The remaining states do not require interlocks, but 18 states, plus the District of Columbia, can choose to apply interlock requirements at their discretion. Alabama, South Dakota, and Vermont have no laws on this.
Legislation currently in Congress called the ROAD SAFE Act (short for Research of Alcohol Detection Systems for Stopping Alcohol-Related Fatalities Everywhere) aims to help reduce drunk driving by developing technologies to prevent drivers from operating a car while under the influence and mandating the ignition interlock law in all states.
—Liza Barth
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