Proposed Ignition Interlock Device Legislation

When Los Angeles DUI defense attorneys represent people accused of drunk driving, they have to keep their eyes on new  Los Angeles DUI laws being passed.  Many of these laws seek to add serious punishments on top of jail time, fines and probation.

Earlier this month California Governor Arnold Schwarzenegger signed legislation that will start a pilot program in Los Angeles County requiring the installation of an ignition interlock device for all drivers convicted of driving under the influence of alcohol.  Seventeen states already have similar legislation in effect with early statistics showing a measurable reduction in the number of Los Angeles DUI offenses.  The law, nicknamed "Matt's Law," for the son of Mary Koltzbach, who was killed by a drunk driver, requires everyone convicted of a driving under the influence of alcohol to pay to install a device, similar to a breath analysis machine, into which the driver must blow before being able to start their vehicle.  If the device detects alcohol on the breath of the driver, the ignition locks up and the vehicle will not start.  Periodic retests while the car is in motion are also required.  First time  Los Angeles DUI offenders will be required to use the machine in their cars for five months, after which the device will be removed.  Repeat driving under the influence offenders will be required to have the device installed and maintained in their vehicles for a year or longer.  Installation of the ignition interlock device would cost the defendant $75 to $100, while monthly maintenance of the device would cost them roughly $50.  The new pilot program goes into effect July 1, 2010 and will also be adopted in Sacramento, Alameda and Tulare Counties. 

Los Angeles law enforcement officials are getting serious about cracking down on driving under the influence offenses.  In 2008, an estimated 30% of traffic accident deaths resulted from at least one driver involved being under the influence of alcohol.  While public safety is always something to strive for, many people are unhappy about the new law.  Concerns over the effectiveness of each breath test have been raised, as has the issue of random tests occurring while a vehicle is in motion.  Many forms of breath analysis machines used to test drivers suspected of Los Angeles DUI are notoriously difficult to maintain and can accumulate residues from previous breath tests leading to falsely high readings. 

If you have been accused of driving under the influence of alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have decades of experience in defending against Los Angeles DUIcharges and we know that technical data from machines cannot always be trusted.  Call today to start preparing your defense.