New laws in California are angering Los Angeles DUI defense attorneys because it puts an unnecessary burden on drivers. Los Angeles DUI defense attorneys have fought this bill, but chances it will pass.
A new bill is being debated in the California Assembly for Public Safety today that would introduce a pilot project in Los Angeles, San Diego, Sacramento and Alameda counties to install ignition interlock devices in the vehicles of convicted drunk drivers.
Ignition interlock devices are currently one of the most contentious points in the ongoing storm of public fury surrounding drunk drivers. Once installed in the vehicle, the device requires the driver to blow into a tube for a quick breath analysis before the vehicle can be unlocked and turned on. If the breath analysis yields a high enough (more than the legal .08% limit) reading of alcohol content, then the car simply won't turn on.
The pilot program would run from 2010 until 2015. Supporters of the bill, such as Mothers Against Drunk Driving (M.A.D.D.) and the Los Angeles Police Department, point to the device's successful use in other states as another way to combat driving under the influence of alcohol, claiming the device reduces repeat drunk driving offenses by as much as 64%. Opponents of the bill argue that the bill presupposes guilt on the part of convicted drunk drivers, which is, hopefully, not the way the American legal system treats people.
One of the problems with installing such a device, besides the inherent assumption that people will drive drunk again after a conviction, is that breath analysis machines (commonly referred to as "breathalyzers") are notoriously faulty. Even when operated by trained law enforcement officials, breath analysis machines need to be recalibrated often, may require limited temperature ranges to function properly and often give falsely high readings because of residual chemicals from previous tests.
Breath analysis machines also have non-specificity problems, often confusing chemical compounds that are non-alcoholic but similar in chemical structure with actual alcohol. Certain health conditions such as diabetes or fasting may also produce chemicals in a person's breath that breath analysis machines may confuse with the presence of alcohol. In some cases, even the alcohol in mouthwash may contribute to a falsely high reading.
For now, we will have to wait and see what California lawmakers do with the bill, but if you have been charged with driving under the influence, you need an experienced Los Angeles DUI defense attorney to help you wade through a complicated legal system.
Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to find someone on your side.
