The Kentucky State Senate is debating whether or not to require repeat convicted drunk drivers as well as DUI / Drunk Drivers with a conviction that has aggravating circumstances to install an ignition interlock device as part of a DUI / Drunk Driving sentence. However, some state senators want to look into the issue further to determine the financial benefit private companies who provide the devices would receive if the law goes through. The state senators also want to determine if this bill would create a cottage industry with one cottage.
Tags: Drunk Driving Arrests Breathalyzer Drunk Driving
In Illinois, starting in 2009, people arrested for DUI / Drunk Driving can now apply for a Monitoring Device Driving Permit (MDDP) which will allow a first time offender to drive 30 days after a DUI / Drunk Driving arrest for work, school, family reasons, and under a limited number of other circumstances. In order to receive an MDDP, the driver must pay for and install a Breath Alcohol Ignition Interlock Device in a vehicle they with to drive during the period of the MDDP. There is an exception for an employee owned vehicle. If the driver allows someone else to trick the device by having someone else blow into it, the driver can face a felony prosecution which carries a state prison sentence of up to 3 years and a substantial fine.
Recently, a California State Senator introduced a bill to allow the Department of Motor Vehicles to suspend a person driver's license if convicted of Boating Under the Influence (BUI) of alcohol and/or drugs. Currently, the DMV does not have the authority to take any action against a driver's license upon conviction for BUI. However, courts can take into consideration at sentencing for a DUI / Drunk Driving conviction any prior convictions for BUI.
A recent U.S. 9th Circuit Court of Appeal held that an immigrant who is convicted of DUI / Drunk Driving while their license was supended or otherwise restricted is a crime involving moral turpitude and is a deportable offense. This case may also set a precedent for U.S. citizens when courts interpret a convicted person's background when sentencing someone for any type of new offense committed in the U.S.